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 21:21:3.0.1.1.10.2.1.1,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",B,Subpart B—Radiation and Radiation Sources,,"§ 179.21 Sources of radiation used for inspection of food, for inspection of packaged food, and for controlling food processing.",FDA,,,"[42 FR 14635, Mar. 15, 1977, as amended at 48 FR 46022, Oct. 11, 1983; 61 FR 14246, Apr. 1, 1996; 64 FR 69191, Dec. 10, 1999; 66 FR 18539, Apr. 10, 2001; 69 FR 76404, Dec. 21, 2004]","Sources of radiation for the purposes of inspection of foods, for inspection of packaged food, and for controlling food processing may be safely used under the following conditions: (a) The radiation source is one of the following: (1) X-ray tubes producing X-radiation from operation of the tube source at a voltage of 500 kilovolt peak or lower. (2) Sealed units producing radiations at energy levels of not more than 2.2 million electron volts from one of the following isotopes: Americium-241, cesium-137, cobalt-60, iodine-125, krypton-85, radium-226, and strontium-90. (3) Sealed units producing neutron radiation from the isotope Californium-252 (CAS Reg. No. 13981-17-4) to measure moisture in food. (4) Machine sources producing X-radiation at energies no greater than 10 million electron volts (MeV). (5) Monoenergetic neutron sources producing neutrons at energies not less than 1 MeV but no greater than 14 MeV. (b) To assure safe use of these radiation sources: (1) The label of the sources shall bear, in addition to the other information required by the Act: (i) Appropriate and accurate information identifying the source of radiation. (ii) The maximum energy of radiation emitted by X-ray tube sources. (iii) The maximum energy of X-radiation emitted by machine source. (iv) The minimum and maximum energy of radiation emitted by neutron source. (2) The label or accompanying labeling shall bear: (i) Adequate directions for installation and use. (ii) A statement that no food shall be exposed to radiation sources listed in paragraph (a)(1) and (2) of this section so as to receive an absorbed dose in excess of 10 grays. (iii) A statement that no food shall be exposed to a radiation source listed in paragraph (a)(3) of this section so as to receive an absorbed dose in excess of 2 milligrays. (iv) A statement that no food shall be exposed to a radiation source listed in paragraph (a)(4) of this section so as to receive a dose in excess of 0.5 gray (Gy). (v) A statement that no food shall be exposed to a radiation source listed in paragraph (a)(5) of this section so as to receive a dose in excess of 0.01 gray (Gy)." 21:21:3.0.1.1.10.2.1.2,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",B,Subpart B—Radiation and Radiation Sources,,§ 179.25 General provisions for food irradiation.,FDA,,,"[51 FR 13399, Apr. 18, 1986, as amended at 67 FR 9585, Mar. 4, 2002; 67 FR 35731, May 21, 2002; 80 FR 56168, Sept. 17, 2015]","For the purposes of § 179.26, current good manufacturing practice is defined to include the following restrictions: (a) Any firm that treats foods with ionizing radiation shall comply with the requirements of parts 110 and 117 of this chapter and other applicable regulations. (b) Food treated with ionizing radiation shall receive the minimum radiation dose reasonably required to accomplish its intended technical effect and not more than the maximum dose specified by the applicable regulation for that use. (c) Packaging materials subjected to irradiation incidental to the radiation treatment and processing of prepackaged food shall be in compliance with § 179.45, shall be the subject of an exemption for such use under § 170.39 of this chapter, or shall be the subject of an effective premarket notification for a food contact substance for such use submitted under § 170.100 of this chapter. (d) Radiation treatment of food shall conform to a scheduled process. A scheduled process for food irradiation is a written procedure that ensures that the radiation dose range selected by the food irradiation processor is adequate under commercial processing conditions (including atmosphere and temperature) for the radiation to achieve its intended effect on a specific product and in a specific facility. A food irradiation processor shall operate with a scheduled process established by qualified persons having expert knowledge in radiation processing requirements of food and specific for that food and for that irradiation processor's treatment facility. (e) A food irradiation processor shall maintain records as specified in this section for a period of time that exceeds the shelf life of the irradiated food product by 1 year, up to a maximum of 3 years, whichever period is shorter, and shall make these records available for inspection and copy by authorized employees of the Food and Drug Administration. Such records shall include the food treated, lot identification, scheduled process, evidence of compliance with the scheduled process, ionizing energy source, source calibration, dosimetry, dose distribution in the product, and the date of irradiation." 21:21:3.0.1.1.10.2.1.3,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",B,Subpart B—Radiation and Radiation Sources,,§ 179.26 Ionizing radiation for the treatment of food.,FDA,,,"[51 FR 13399, Apr. 18, 1986]","Ionizing radiation for treatment of foods may be safely used under the following conditions: (a) Energy sources. Ionizing radiation is limited to: (1) Gamma rays from sealed units of the radionuclides cobalt-60 or cesium-137. (2) Electrons generated from machine sources at energies not to exceed 10 million electron volts. (3) X rays generated from machine sources at energies not to exceed 5 million electron volts (MeV), except as permitted by paragraph (a)(4) of this section. (4) X rays generated from machine sources using tantalum or gold as the target material and using energies not to exceed 7.5 (MeV). (b) Limitations. (c) Labeling. (1) The label and labeling of retail packages of foods irradiated in conformance with paragraph (b) of this section shall bear the following logo along with either the statement “Treated with radiation” or the statement “Treated by irradiation” in addition to information required by other regulations. The logo shall be placed prominently and conspicuously in conjunction with the required statement. The radiation disclosure statement is not required to be more prominent than the declaration of ingredients required under § 101.4 of this chapter. As used in this provision, the term “radiation disclosure statement” means the written statement that discloses that a food has been intentionally subject to irradiation. (2) For irradiated foods not in package form, the required logo and phrase “Treated with radiation” or “Treated by irradiation” shall be displayed to the purchaser with either (i) the labeling of the bulk container plainly in view or (ii) a counter sign, card, or other appropriate device bearing the information that the product has been treated with radiation. As an alternative, each item of food may be individually labeled. In either case, the information must be prominently and conspicuously displayed to purchasers. The labeling requirement applies only to a food that has been irradiated, not to a food that merely contains an irradiated ingredient but that has not itself been irradiated. (3) For a food, any portion of which is irradiated in conformance with paragraph (b) of this section, the label and labeling and invoices or bills of lading shall bear either the statement “Treated with radiation—do not irradiate again” or the statement “Treated by irradiation—do not irradiate again” when shipped to a food manufacturer or processor for further processing, labeling, or packing." 21:21:3.0.1.1.10.2.1.4,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",B,Subpart B—Radiation and Radiation Sources,,"§ 179.30 Radiofrequency radiation for the heating of food, including microwave frequencies.",FDA,,,,"Radiofrequency radiation, including microwave frequencies, may be safely used for heating food under the following conditions: (a) The radiation source consists of electronic equipment producing radio waves with specific frequencies for this purpose authorized by the Federal Communications Commission. (b) The radiation is used or intended for use in the production of heat in food wherever heat is necessary and effective in the treatment or processing of food." 21:21:3.0.1.1.10.2.1.5,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",B,Subpart B—Radiation and Radiation Sources,,§ 179.39 Ultraviolet radiation for the processing and treatment of food.,FDA,,,"[42 FR 14635, Mar. 15, 1977, as amended at 65 FR 71057, Nov. 29, 2000]","Ultraviolet radiation for the processing and treatment of food may be safely used under the following conditions: (a) The radiation sources consist of low pressure mercury lamps emitting 90 percent of the emission at a wavelength of 253.7 nanometers (2,537 Angstroms). (b) The ultraviolet radiation is used or intended for use as follows:" 21:21:3.0.1.1.10.2.1.6,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",B,Subpart B—Radiation and Radiation Sources,,§ 179.41 Pulsed light for the treatment of food.,FDA,,,"[61 FR 42383, Aug. 15, 1996]","Pulsed light may be safely used for treatment of foods under the following conditions: (a) The radiation sources consist of xenon flashlamps designed to emit broadband radiation consisting of wavelengths covering the range of 200 to 1,100 nanometers (nm), and operated so that the pulse duration is no longer than 2 milliseconds (msec); (b) The treatment is used for surface microorganism control; (c) Foods treated with pulsed light shall receive the minimum treatment reasonably required to accomplish the intended technical effect; and (d) The total cumulative treatment shall not exceed 12.0 Joules/square centimeter (J/cm 2 .)" 21:21:3.0.1.1.10.2.1.7,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",B,Subpart B—Radiation and Radiation Sources,,§ 179.43 Carbon dioxide laser for etching food.,FDA,,,"[77 FR 34215, June 11, 2012]","Carbon dioxide laser light may be safely used for etching information on the surface of food under the following conditions: (a) The radiation source consists of a carbon dioxide laser designed to emit pulsed infrared radiation with a wavelength of 10.6 micrometers such that the maximum energy output of the laser does not exceed 9.8 × 10 −3 joules per square centimeter (J/cm 2 ); (b) The carbon dioxide laser shall be used only for etching information on the skin of fresh, intact citrus fruit, providing the fruit has been adequately washed and waxed prior to laser etching, and the etched area is immediately rewaxed after treatment; and (c) The maximum total energy to which the etched citrus fruit is exposed from the use of the carbon dioxide laser shall not exceed 1.5 × 10 −3 J, and the maximum total etched surface area of the citrus fruit shall not exceed 0.122 cm 2 ." 21:21:3.0.1.1.10.3.1.1,21,Food and Drugs,I,B,179,"PART 179—IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD",C,Subpart C—Packaging Materials for Irradiated Foods,,§ 179.45 Packaging materials for use during the irradiation of prepackaged foods.,FDA,,,"[42 FR 14635, Mar. 15, 1977, as amended at 49 FR 10113, Mar. 19, 1984; 54 FR 7405, Feb. 21, 1989; 54 FR 24899, June 12, 1989; 59 FR 14551, Mar. 29, 1994; 61 FR 14246, Apr. 1, 1996; 66 FR 10575, Feb. 16, 2001]","The packaging materials identified in this section may be safely subjected to irradiation incidental to the radiation treatment and processing of prepackaged foods, subject to the provisions of this section and to the requirement that no induced radioactivity is detectable in the packaging material itself: (a) The radiation of the food itself shall comply with regulations in this part. (b) The following packaging materials may be subjected to a dose of radiation, not to exceed 10 kilograys, unless otherwise indicated, incidental to the use of gamma, electron beam, or X-radiation in the radiation treatment of prepackaged foods: (1) Nitrocellulose-coated or vinylidene chloride copolymer-coated cellophane complying with § 177.1200 of this chapter. (2) Glassine paper complying with § 176.170 of this chapter. (3) Wax-coated paperboard complying with § 176.170 of this chapter. (4) Polyolefin film prepared from one or more of the basic olefin polymers complying with § 177.1520 of this chapter. The finished film may contain: (i) Adjuvant substances used in compliance with §§ 178.3740 and 181.22 through 181.30 of this chapter, sodium citrate, sodium lauryl sulfate, polyvinyl chloride, and materials as listed in paragraph (d)(2)(i) of this section. (ii) Coatings comprising a vinylidene chloride copolymer containing a minimum of 85 percent vinylidene chloride with one or more of the following comonomers: Acrylic acid, acrylonitrile, itaconic acid, methyl acrylate, and methyl methacrylate. (5) Kraft paper prepared from unbleached sulfate pulp to which rosin, complying with § 178.3870 of this chapter, and alum may be added. The kraft paper is used only as a container for flour and is irradiated with a dose not exceeding 500 grays. (6) Polyethylene terephthalate film prepared from the basic polymer as described in § 177.1630(e)(4)(i) and (ii) of this chapter. The finished film may contain: (i) Adjuvant substances used in compliance with §§ 178.3740 and 181.22 through 181.30 of this chapter, sodium citrate, sodium lauryl sulfate, polyvinyl chloride, and materials as listed in paragraph (d)(2)(i) of this section. (ii) Coatings comprising a vinylidene chloride copolymer containing a minimum of 85 percent vinylidene chloride with one or more of the following comonomers: Acrylic acid, acrylonitrile, itaconic acid, methyl acrylate, and methyl methacrylate. (iii) Coatings consisting of polyethylene conforming to § 177.1520 of this chapter. (7) Polystyrene film prepared from styrene basic polymer. The finished film may contain adjuvant substances used in compliance with §§ 178.3740 and 181.22 through 181.30 of this chapter. (8) Rubber hydrochloride film prepared from rubber hydrochloride basic polymer having a chlorine content of 30-32 weight percent and having a maximum extractable fraction of 2 weight percent when extracted with n -hexane at reflux temperature for 2 hours. The finished film may contain adjuvant substances used in compliance with §§ 178.3740 and 181.22 through 181.30 of this chapter. (9) Vinylidene chloride-vinyl chloride copolymer film prepared from vinylidene chloride-vinyl chloride basic copolymers containing not less than 70 weight percent of vinylidene chloride and having a viscosity of 0.50-1.50 centipoises as determined by ASTM method D729-81, “Standard Specification for Vinylidene Chloride Molding Compounds,” which is incorporated by reference. Copies may be obtained from the American Society for Testing Materials, 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, 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. The finished film may contain adjuvant substances used in compliance with §§ 178.3740 and 181.22 through 181.30 of this chapter. (10) Nylon 11 conforming to § 177.1500 of this chapter. (c) Ethylene-vinyl acetate copolymers complying with § 177.1350 of this chapter. The ethylene-vinyl acetate packaging materials may be subjected to a dose of radiation, not to exceed 30 kilogray (3 megarads), incidental to the use of gamma, electron beam, or X-radiation in the radiation treatment of packaged foods. (d) The following packaging materials may be subjected to a dose of radiation, not to exceed 60 kilograys incidental to the use of gamma, electron beam, or X-radiation in the radiation processing of prepackaged foods: (1) Vegetable parchments, consisting of a cellulose material made from waterleaf paper (unsized) treated with concentrated sulfuric acid, neutralized, and thoroughly washed with distilled water. (2) Films prepared from basic polymers and with or without adjuvants, as follows: (i) Polyethylene film prepared from the basic polymer as described in § 177.1520(a) of this chapter. The finished film may contain one or more of the following added substances: (ii) Polyethylene terephthalate film prepared from the basic polymer as described in § 177.1630(e)(4)(ii) of this chapter. The finished film may contain one or more of the added substances listed in paragraph (d)(2)(i) of this section. (iii) Nylon 6 films prepared from the nylon 6 basic polymer as described in § 177.1500(a)(6) of this chapter and meeting the specifications of item 6.1 of the table in § 177.1500(b) of this chapter. The finished film may contain one or more of the added substances listed in paragraph (d)(2)(i) of this section. (iv) Vinyl chloride-vinyl acetate copolymer film prepared from the basic copolymer containing 88.5 to 90.0 weight percent of vinyl chloride with 10.0 to 11.5 weight percent of vinyl acetate and having a maximum volatility of not over 3.0 percent (1 hour at 105 °C) and viscosity not less than 0.30 determined by ASTM method D1243-79, “Standard Test Method for Dilute Solution Viscosity of Vinyl Chloride Polymers,” Method A, which is incorporated by reference. The availability of this incorporation by reference is given in paragraph (b)(9) of this section. The finished film may contain one or more of the added substances listed in paragraph (d)(2)(i) of this section. (e) Acrylonitrile copolymers identified in this section shall comply with the provisions of § 180.22 of this chapter." 33:33:2.0.1.8.41.0.228.1,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.01 Purpose.,USCG,,,"[CGD 93-055, 61 FR 13926, Mar. 28, 1996]","This part prescribes rules to implement 46 U.S.C. 4310, governing the notification of defects in boats and associated equipment." 33:33:2.0.1.8.41.0.228.10,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.19 Address of the Commandant.,USCG,,,"[CGD 93-055, 61 FR 13927, Mar. 28, 1996; CGD 96-026, 61 FR 36629, July 12, 1996; USCG-2008-0179, 73 FR 35024, June 19, 2008; USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2014-0410, 79 FR 38448, July 7, 2014]","(a) Each report and communication sent to the Coast Guard and required by this part concerning boats and associated equipment other than inflatable personal flotation devices, must be submitted to Commandant (CG-BSX-23), Attn: Recreational Boating Product Assurance Branch, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. (b) Each report and communication sent to the Coast Guard and required by this part concerning inflatable personal flotation devices, must be submitted to Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509." 33:33:2.0.1.8.41.0.228.2,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.03 Definitions.,USCG,,,"[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-1999-5832, 64 FR 34716, June 29, 1999; USCG-1999-5040, 67 FR 34760, May 15, 2002]","Associated equipment as used in this part, means the following equipment as shipped, transferred, or sold from the place of manufacture and includes all attached parts and accessories: (1) An inboard engine. (2) An outboard engine. (3) A stern drive unit. (4) An inflatable personal flotation device approved under 46 CFR 160.076. Boat means any vessel— (1) Manufactured or used primarily for noncommercial use; (2) Leased, rented, or chartered to another for the latter's noncommercial use; or (3) Operated as an uninspected passenger vessel subject to the requirements of 46 CFR chapter I, subchapter C. Manufacturer means any person engaged in— (1) The manufacture, construction, or assembly of boats or associated equipment; (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or (3) The importation into the United States for sale of boats, associated equipment, or components thereof." 33:33:2.0.1.8.41.0.228.3,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.05 Manufacturer discovered defects.,USCG,,,"[CGD 93-055, 61 FR 13926, Mar. 28, 1996]","Each manufacturer who is required to furnish a notice of a defect or failure to comply with a standard or regulation under 46 U.S.C. 4310(b), shall furnish that notice within 30 days after the manufacturer discovers or acquires information of the defect or failure to comply." 33:33:2.0.1.8.41.0.228.4,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.07 Notice given by “more expeditious means”.,USCG,,,"[CGD 93-055, 61 FR 13926, Mar. 28, 1996]","Each manufacturer who gives notice by more expeditious means as provided for in 46 U.S.C. 4310(c)(1)(C), must give such notice in writing." 33:33:2.0.1.8.41.0.228.5,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.09 Contents of notification.,USCG,,,"[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended by CGD 93-055, 61 FR 13926, Mar. 28, 1996]","Each notice required under 46 U.S.C. 4310(b) must include the following additional information: (a) The name and address of the manufacturer. (b) Identifying classifications including the make, model year, if appropriate, the inclusive dates (month and year) of the manufacture, or serial numbers and any other data necessary to describe the boats or associated equipment that may be affected." 33:33:2.0.1.8.41.0.228.6,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.11 Defects determined by the Commandant.,USCG,,,"[CGD 93-055, 61 FR 13926, Mar. 28, 1996]","A manufacturer who is informed by the Commandant under 46 U.S.C. 4310(f) that a boat or associated equipment contains a defect relating to safety or failure to comply with a standard or regulation issued under the authority of 46 U.S.C. 4302, shall within 30 days of receipt of the information— (a) Furnish the notification described in 46 U.S.C. 4310(d) to the persons designated in 46 U.S.C. 4310(c), or (b) Provide information to the Commandant by certified mail stating why the manufacturer believes there is no defect relating to safety or failure of compliance." 33:33:2.0.1.8.41.0.228.7,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.13 Initial report to the Commandant.,USCG,,,"[CGD 72-55R, 37 FR 15776, Aug. 4, 1972, as amended by CGD 93-055, 61 FR 13926, Mar. 28, 1996]","(a) When a manufacturer gives a notification required under 46 U.S.C. 4310, the manufacturer shall concurrently send to the Commandant by certified mail— (1) A true or representative copy of each notice, bulletin, and other communication given to persons required to be notified under 46 U.S.C. 4310(c); (2) The manufacturer's best estimate of the total number of boats or items of associated equipment potentially affected by the defect or failure to comply with a standard or regulation prescribed under 46 U.S.C. 4302; and (3) If discovered or determined by the manufacturer, a chronology of all principal events upon which the determination is based. (b) A manufacturer may submit an item required by paragraph (a) of this section that is not available at the time of submission to the Commandant when it becomes available if the manufacturer explains why it was not submitted within the time required and estimates when it will become available." 33:33:2.0.1.8.41.0.228.8,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.15 Follow-up report.,USCG,,,,"(a) Each manufacturer who makes an initial report required by § 179.13 shall submit a follow-up report to the Commandant by certified mail within 60 days after the initial report. The follow-up report must contain at least the following information: (1) A positive identification of the initial report; (2) The number of units in which the defect was discovered as of the date of the follow-up report; (3) The number of units in which corrective action has been completed as of the date of the follow-up report; (4) The number of first purchasers not notified because of an out-of-date name or address, or both; and (5) An updating of the information required by § 179.13. (b) Each manufacturer shall submit any additional follow-up reports requested by the Commandant." 33:33:2.0.1.8.41.0.228.9,33,Navigation and Navigable Waters,I,S,179,PART 179—DEFECT NOTIFICATION,,,,§ 179.17 Penalties.,USCG,,,"[CGD 93-055, 61 FR 13926, Mar. 28, 1996]","Each manufacturer who fails to comply with a provision of 46 U.S.C. 4310 or the regulations in this part, is subject to the penalties as prescribed in 46 U.S.C. 4311." 40:40:26.0.1.1.26.1.19.1,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,A,Subpart A—General Provisions,,§ 179.3 Definitions.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012]","Administrator means the Administrator of the Agency, or any officer or employee of the Agency to whom the Administrator has delegated the authority to perform functions under this part. Agency means the United States Environmental Protection Agency. Assistant Administrator means the Agency's Assistant Administrator for Chemical Safety and Pollution Prevention, or any officer or employee of the Agency's Office of Chemical Safety and Pollution Prevention to whom the Assistant Administrator has delegated the authority to perform functions under this part. FFDCA means the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 301-392. FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136-136y. Judicial Officer means a person who has been designated by the Administrator under § 179.117 to serve as a judicial officer. OCSPP means the Agency's Office of Chemical Safety and Pollution Prevention. Office of the Administrator means the Agency's Administrator and Deputy Administrator and their immediate staff, including the judicial officer." 40:40:26.0.1.1.26.1.19.2,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,A,Subpart A—General Provisions,,§ 179.5 Other authority.,EPA,,,,"Questions regarding procedural matters arising under this part or part 178 of this chapter that are not addressed by this part or part 178 of this chapter shall be resolved by the Administrator or presiding officer, as appropriate." 40:40:26.0.1.1.26.2.19.1,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,B,Subpart B—Initiation of Hearing,,§ 179.20 Notice of hearing.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]","(a) If the Administrator determines under § 178.32 of this chapter that a hearing is justified on any issue, the Administrator will file with the hearing clerk and publish in the Federal Register a Notice of Hearing. The Notice of Hearing will set forth: (1) The docket number for the hearing. (2) Each order, regulation, or petition denial that is the subject of the hearing, and a statement specifying any part of any such regulation or order that has been stayed in the Administrator's discretion. (3) The identity of each person whose request for a hearing has been granted, and of any other person whose petition under § 180.7 of this chapter occasioned the order that the hearing concerns. (4) A statement of the issues of fact on which a hearing has been found to be justified. (5) A statement of the objections whose resolution depends on the resolution of those issues of fact. (6) A statement that the presiding officer will be designated by the Chief Administrative Law Judge. (7) The time within which notices of participation should be filed under § 179.42. (8) The date, time, and place of the preliminary conference, or a statement that the date, time, and place will be announced in a later notice, and the place of the hearing. (9) The time within which parties must submit written information and views under § 179.83. (10) Designations with respect to separation of functions published under § 179.24(b)(2). (b) The statement of the issues of fact on which a hearing has been justified determines the scope of the hearing and the matters on which evidence may be introduced. The issues may be revised by the presiding officer. A party may obtain interlocutory review by the Administrator of a decision by the presiding officer to revise the issues to include an issue on which the Administrator has not granted a request for a hearing or to eliminate an issue on which a request for a hearing has been granted. (c) A hearing is deemed to begin on the date of publication of the Notice of Hearing." 40:40:26.0.1.1.26.2.19.2,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,B,Subpart B—Initiation of Hearing,,§ 179.24 Ex parte discussions; separation of functions.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 70 FR 33359, June 8, 2005; 77 FR 46292, Aug. 3, 2012]","(a) Any person may meet or correspond with any officer or employee of the Agency concerning a matter under parts 178 or 180 of this chapter prior to publication of a Notice of Hearing under § 179.20. (b) Upon publication of a Notice of Hearing, the following separation of function rules apply: (1) OCSPP, as a party to the hearing, is responsible for presentation of its position at the hearing and in any pleading or oral argument before the Administrator. The Pesticides and Toxic Substances Division of the Office of General Counsel shall advise and represent OCSPP with respect to the hearing and in any pleading or oral argument before the Administrator. An employee or other representatives of OCSPP may not participate in or advise the Administrator or any of his representatives on any decision under this part, other than as witness or counsel in public proceedings, except as provided by paragraph (b)(2) of this section. There is to be no other communication between representatives of OCSPP and the presiding officer or any representative of the Office of the Administrator concerning the merits of the hearing until after issuance of the decision of the Administrator. (2) The Administrator may designate persons who otherwise would be regarded as representatives of OCSPP, to serve as representatives of the Office of the Administrator on matters pertaining to the hearing, and may also designate persons who otherwise would be regarded as representatives of the Office of the Administrator to serve as representatives of OCSPP. Such designations will be included in the Notice of Hearing published under§ 179.20. (3) The Office of the Administrator is responsible for the final decision of the matter, with the advice and participation of anyone in the Agency other than representatives of OCSPP. (c) Between the date of publication of the Notice of Hearing and the date of the Administrator's final decision on the matter, communication concerning the matter involved in the hearing will be restricted as follows: (1) No person outside the Agency may have an ex parte communication with the presiding officer or any representative of the Office of the Administrator concerning the merits of the hearing. Neither the presiding officer nor any representative of the Office of the Administrator may have any ex parte communication with a person outside the Agency concerning the merits of the hearing. (2) A written communication contrary to this section must be immediately served on all other participants and filed with the hearing clerk by the presiding officer at the hearing, or by the Administrator, depending on who received the communication. An oral communication contrary to this section must be immediately recorded in a written memorandum and similarly served on all other parties and filed with the hearing clerk. A person, including a representative of a party in the hearing, who is involved in an oral communication contrary to this section, must, to the extent necessary to determine the substance of the communication, be made available for cross-examination during the hearing with respect to the substance of that communication. Rebuttal testimony pertinent to a written or oral communication contrary to this section will be permitted. (d) The prohibitions specified in paragraph (c) of this section also apply to a person who, in advance of the publication of a Notice of Hearing, knows that the notice has been signed. The prohibitions become applicable to such a person as of the time the knowledge is acquired. (e) The making of a communication contrary to this section may, consistent with the interests of justice and the policies underlying the FFDCA, result in a decision adverse to the person knowingly making or causing the making of the communication." 40:40:26.0.1.1.26.3.19.1,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,C,Subpart C—Participation and Appearance; Conduct,,§ 179.42 Notice of participation.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012]","(a) OCSPP shall be a party to a hearing under this part. Any other person may participate as a party in such a hearing to the extent specified by this section. (b) A person desiring to participate in a hearing must file with the hearing clerk within 30 days after publication of the Notice of Hearing under § 179.20, a Notice of Participation in the following form: Notice of Participation Docket No. ____________________ Under 40 CFR part l79, please enter the participation of: ________________________ (Name) __________________________________ (Street address) __________________________ (City and State) __________________________ (Telephone number) ____________________ Service on the above will be accepted by: ________________________ (Name) __________________________________ (Street address) __________________________ (City and State) __________________________ (Telephone number) ____________________ Signed: ________________________________ Date: ________________________ Docket No. ____________________ Under 40 CFR part l79, please enter the participation of: ________________________ (Name) __________________________________ (Street address) __________________________ (City and State) __________________________ (Telephone number) ____________________ Service on the above will be accepted by: ________________________ (Name) __________________________________ (Street address) __________________________ (City and State) __________________________ (Telephone number) ____________________ Signed: ________________________________ Date: ________________________ (c) An amendment to a Notice of Participation must be filed with the hearing clerk and served on all parties. (d) No person may participate in a hearing who has not filed a written Notice of Participation or whose participation has been stricken under paragraph (f) of this section. (e) The presiding officer may permit the late filing of a Notice of Participation upon a showing of good cause. Arrangements and agreements previously made in the proceeding shall apply to any party admitted late. (f) The presiding officer may strike the participation of a person for failure to comply with any requirement of this subpart. Any person whose participation is striken may obtain interlocutory review thereof by the Administrator." 40:40:26.0.1.1.26.3.19.2,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,C,Subpart C—Participation and Appearance; Conduct,,§ 179.45 Appearance.,EPA,,,,"(a) A party to a hearing may appear in person or by counsel or other representative in the hearing. (b) The presiding officer may strike a person's right to appear in the hearing for violation of the rules of conduct in § l79.50." 40:40:26.0.1.1.26.3.19.3,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,C,Subpart C—Participation and Appearance; Conduct,,§ 179.50 Conduct at oral hearings or conferences.,EPA,,,,"The parties and their representatives must conduct themselves with dignity and observe the same standards of practice and ethics that would be required of parties in a judicial proceeding. Disrespectful, disorderly, or contumacious language or conduct, refusal to comply with directions, use of dilatory tactics, or refusal to adhere to reasonable standards of orderly and ethical conduct during any hearing constitute grounds for immediate exclusion from the proceeding by the presiding officer." 40:40:26.0.1.1.26.4.19.1,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,D,Subpart D—Presiding Officer,,§ 179.60 Designation and qualifications of presiding officer.,EPA,,,,The presiding officer in a hearing will be an administrative law judge qualified under 5 U.S.C. 3l05 and designated by the Agency's chief administrative law judge. 40:40:26.0.1.1.26.4.19.2,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,D,Subpart D—Presiding Officer,,§ 179.70 Authority of presiding officer.,EPA,,,,"The presiding officer shall conduct the hearing in a fair and impartial manner subject to the precepts of the Administrative Procedure Act. The presiding officer has all powers necessary to conduct a fair, expeditious, and orderly hearing, including the power to: (a) Specify and change the date, time, and place for conferences, and issue and modify a schedule for the hearing. (b) Establish an orderly manner for developing evidentiary facts at preliminary conferences under § 179.87, for making rulings on oral testimony and cross-examination under § 179.93, and for making other similar evidentiary rulings in accord with these regulations. (c) Prepare statements of the areas of factual disagreement among the participants. (d) Hold conferences to settle, simplify, or determine the issues in a hearing or to consider other matters that may expedite the hearing. (e) Administer oaths and affirmations. (f) Control the course of the hearing and the conduct of the participants. (g) Examine witnesses and strike their testimony if they fail to respond fully to proper questions. (h) Rule on, admit, exclude, or limit evidence. (i) Set the time for filing pleadings. (j) Rule on motions and other procedural matters. (k) Rule on motions for summary decision under § l79.90. (l) Conduct the hearing in stages if the number of parties is large or the issues are numerous and complex. (m) Strike the participation of any person under § l79.42(f), or exclude any person from the hearing under § l79.50, or take other reasonable disciplinary action. (n) Take any other action for the fair, expeditious, and orderly conduct of the hearing that is not in conflict with law or these rules." 40:40:26.0.1.1.26.4.19.3,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,D,Subpart D—Presiding Officer,,§ 179.75 Disqualification of deciding officials.,EPA,,,,"(a) A deciding official in a hearing under this part (including, e.g., the Administrator, judicial officer, or presiding officer) shall not decide any matter in connection with which he or she has a financial interest in any of the parties, or a relationship that would make it otherwise inappropriate for him or her to act. (b) A party may request that a deciding official disqualify himself/herself and withdraw from the proceeding. The party may obtain interlocutory review by the Administrator of a denial of such a request made to any deciding official other than the Administrator. (c) A deciding official who is aware of grounds for disqualification shall withdraw from the proceeding." 40:40:26.0.1.1.26.4.19.4,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,D,Subpart D—Presiding Officer,,§ 179.78 Unavailability of presiding officer.,EPA,,,,"If the presiding officer is unable to act for any reason, his or her powers with respect to the hearing will be assigned by the Chief Administrative Law Judge to another presiding officer. The substitution will not affect the hearing, i.e. , the testimony of the witnesses will not be taken anew except as the new presiding officer may order upon the request of a party where the credibility of a witness is of particular importance." 40:40:26.0.1.1.26.5.19.1,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.80 Filing and service.,EPA,,,,"(a) All documents required or authorized to be filed by a party to a hearing under this part regarding any matter to be decided by the presiding officer, the judicial officer, or the Administrator shall be filed in triplicate with the hearing clerk, in the manner specified by § 178.25(b) of this chapter. Each filing shall prominently note the docket number. To determine compliance with deadlines in a hearing, a document is considered filed on the date it is actually received by the hearing clerk. When this part allows a response by a party to a submission and prescribes a period of time for the filing of the response, an additional 3 days are allowed for the filing of the response if the submission is served by mail. (b) Each notice, order, decision, or other document issued under this part by the presiding officer, the judicial officer, or the Administrator shall be filed with the hearing clerk. The hearing clerk shall immediately serve all parties with a copy of such order, decision, or other document. (c) At the same time that a party files any document with the hearing clerk, the party shall serve a copy thereof on each other party, unless the presiding officer specifies otherwise. Each filing shall be accompanied by a certificate of service, or a statement that service is not required. Service on a party is accomplished by mailing a submission to the address shown in the Notice of Participation or by personal delivery. (d) The presiding officer may grant an extension of time for the filing of any pleading, document, or motion (1) Upon timely motion by a party, for good cause shown, and after consideration of prejudice to other parties, or (2) upon the presiding officer's own motion. (e) A motion by a party for an extension may only be made after serving a copy of the motion on all other parties, unless the movant can show good cause why doing so is impracticable. The motion shall be filed in advance of the date on which the pleading, document, or motion is due to be filed, unless the failure of the party to make a timely motion for an extension was the result of excusable neglect." 40:40:26.0.1.1.26.5.19.10,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.93 Testimony.,EPA,,,,"(a) The presiding officer will conduct such proceedings as are necessary for the taking of oral direct testimony and for the conduct of oral examination of witnesses by the parties. The presiding officer shall limit oral examination to prevent irrelevant, immaterial or unduly repetitious examination. (b) Direct testimony shall be submitted in writing, except that the presiding officer may order direct testimony to be presented orally in those unusual cases where the memory or demeanor of the witness is of importance. Written direct testimony shall be in the form of a verified statement of fact or opinion prepared by the witness, in narrative form or in question-and-answer form. Written direct testimony may incorporate exhibits. Such a verified statement or exhibit may not be admitted into evidence sooner than 14 days (or such other reasonable period as the presiding officer may order) after the witness has delivered to the presiding officer and each party a copy of the statement or exhibit. The admissibility of the evidence contained in such a statement is subject to the same rules as if such testimony had been given orally. (c) Oral cross-examination of witnesses will be permitted. Each exhibit that a party intends to rely upon in cross-examining a witness shall be furnished to the other parties not later than 3 days (or such other reasonable period as the presiding officer may order) before such exhibit is used in the cross-examination. (d) Witnesses shall give testimony under oath or affirmation." 40:40:26.0.1.1.26.5.19.11,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.94 Transcripts.,EPA,,,,"(a) The hearing clerk shall make arrangements to have all oral testimony stenographically reported or recorded and transcribed, with evidence that is admitted in the form of written testimony or exhibits attached or incorporated as appropriate. (b) Unless the presiding officer orders otherwise, parties shall have 15 days from the date that the transcript of particular oral testimony first becomes available to propose corrections in the transcript of that testimony. Corrections are permitted only for transcription errors. The presiding officer shall promptly order justified corrections. (c) As soon as practicable after the taking of the last evidence, the presiding officer shall certify: (1) That the original transcript is a true transcript of the oral testimony offered or received at the hearing, except in such particulars as the presiding officer specifies. (2) That the written testimony and exhibits accompanying the transcript are all the written testimony and exhibits introduced at the hearing, with such exceptions as the presiding officer specifies. (3) The transcript with attached or incorporated material, as so certified by the presiding officer, shall be submitted to and filed by the hearing clerk under § 179.80. (d) Copies of the transcript shall be available to the public in accordance with § 179.81; parties may make special arrangements through the hearing clerk to obtain copies on an ongoing, expedited basis." 40:40:26.0.1.1.26.5.19.12,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.95 Admission or exclusion of evidence; objections; offers of proof.,EPA,,,,"(a) Written material identified as direct testimony or as an evidentiary exhibit and offered by a party in a hearing, and oral testimony, whether on direct or on cross-examination, is admissible as evidence unless the presiding officer excludes it (on objection of a party or on the presiding officer's own initiative) because it is irrelevant, immaterial, or unduly repetitive, or because its exclusion is necessary to enforce a specific requirement of this part relating to the admissibility of evidence. (b) If a party objects to the admission or rejection of any evidence or to the limitation of the scope of any examination or cross-examination, the party shall state briefly the grounds for such objection. The transcript shall include any argument or debate thereon, unless the presiding officer, with the consent of all the parties, orders that such argument not be transcribed. The ruling and the reasons given therefor by the presiding officer on any objection shall be a part of the transcript. An automatic exception to that ruling will follow. (c) Whenever evidence is deemed inadmissible, the party offering such evidence may make an offer of proof, which shall be included in the transcript. The offer of proof for excluded oral testimony shall consist of a brief statement describing the nature of the evidence excluded. If the evidence consists of a document or exhibit, it shall be inserted in the record in total. If the Administrator in reviewing the record under § 179.112 decides that the presiding officer's ruling in excluding the evidence was erroneous and prejudicial, the hearing may be reopened to permit the taking of such evidence, or, where appropriate, the Administrator may evaluate the evidence and proceed to a final decision. (d) Official notice may be taken of Agency proceedings, any matter that might be judicially noticed by the courts of the United States, or any other fact within the knowledge and experience of the Agency as an expert agency. Any party shall be given adequate opportunity to show that such facts are erroneously noticed by presenting evidence to the contrary." 40:40:26.0.1.1.26.5.19.13,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.97 Conferences during hearing.,EPA,,,,"The presiding officer may schedule and hold conferences as needed to monitor the progress of the hearing, narrow and simplify the issues, and consider and rule on motions, requests, or other matters concerning the development of the evidence." 40:40:26.0.1.1.26.5.19.14,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.98 Briefs and arguments.,EPA,,,,"(a) Promptly after the taking of evidence is completed, the presiding officer will announce a schedule for the filing of briefs. Briefs must include a statement of position on each issue, with specific and complete citations to the evidence and points of law relied on. Briefs must contain proposed findings of fact and conclusions of law. (b) The presiding officer may, as a matter of discretion, permit oral argument after the briefs are filed." 40:40:26.0.1.1.26.5.19.2,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.81 Availability of documents.,EPA,,,,"(a) All orders, decisions, pleadings, transcripts, exhibits, and other docket entries shall become part of the official docket and shall be retained by the hearing clerk. Except as otherwise provided by paragraph (b) of this section or part 2 of this chapter, all documents that are a part of the official docket shall be made available to the public for reasonable inspection during Agency business hours. Copies of such documents may be obtained by members of the public as provided in part 2 of this chapter. (b) Whenever any information or data are required to be produced or examined in a hearing and any party makes a business confidentiality claim regarding such information under part 2 of this chapter, the availability of such information to the other parties or to the public shall be determined by EPA in accordance with part 2 of this chapter, including specifically the procedures and principles set forth in § 2.30l(g)(3) and (g)(4) of this chapter. The presiding officer shall make the determinations with respect to the matters referred to in § 2.301(g)(3) and (g)(4) to the extent provided, and shall take such steps as are necessary for the protection of information entitled to confidential treatment or otherwise exempt from public disclosure, including issuance of protective orders to parties or taking testimony in a closed hearing." 40:40:26.0.1.1.26.5.19.3,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.83 Disclosure of data and information.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 70 FR 33359, June 8, 2005; 77 FR 46292, Aug. 3, 2012]","(a) Within 60 days of the publication of the Notice of Hearing under § l79.20, or, if no party will be prejudiced, within another period set by the presiding officer, the Assistant Administrator shall file with the hearing clerk, in accordance with § 179.80, the following documents numbered and organized in the manner prescribed by the presiding officer: (1) The portions of the administrative record of the proceeding developed under part 178 of this chapter, and under part 180 of this chapter, that are relevant to the issues in the hearing. (2) All documents in the files of OCSPP containing factual information or expert opinion, whether favorable or unfavorable to the position of OCSPP, which relate to the issues involved in the hearing. For purposes of this paragraph, “files” means the principal files in OCSPP in which documents relating to each of the issues in the hearing are ordinarily kept. Documents that are internal memoranda reflecting the deliberative process, or are attorney work product, or were prepared specifically for use in connection with the hearing, are not required to be submitted. (3) All other documentary data and information upon which OCSPP plans to rely upon in the hearing. (4) A narrative position statement on the factual issues in the Notice of Hearing and the nature of the supporting evidence that OCSPP intends to introduce. (5) A signed statement that, to the best knowledge and belief of the Assistant Administrator, the submission complies with this section. (b) Within 70 days of the publication of the Notice of Hearing or, if no party will be prejudiced, within another period of time set by the presiding officer, each party other than OCSPP shall submit to the hearing clerk in accordance with § 179.80 the following documents, numbered and organized in the manner prescribed by the presiding officer: (1) Any objections that the administrative record filed under paragraph (a)(l) of this section is incomplete. (2) All documents (other than those filed under paragraph (a) of this section) in the party's files containing factual information or expert opinion, whether favorable or unfavorable to the party's position, that relates to the issues involved in the hearing. For purposes of this paragraph, “files” means the party's principal files in which documents relating to each of the issues in the hearing are ordinarily kept. Documents that are attorney work product, or were prepared specifically for use in connection with the hearing, are not required to be submitted. (3) All other documentary data and information the party plans to rely upon in the hearing. (4) A narrative position statement on the factual issues in the Notice of Hearing and the nature of the supporting evidence the party intends to introduce. (5) A signed statement that, to the best knowledge and belief of the party, the submission complies with this section. (c) Submissions required by paragraphs (a) and (b) of this section may be supplemented later in the proceeding, with the approval of the presiding officer, upon a showing that the material contained in the supplement was not reasonably known by or available to the party when the submission was made or that the relevance of the material contained in the supplement could not reasonably have been foreseen. (d) If a party fails to comply substantially and in good faith with this section, the presiding officer may infer that such failure was for the purpose of withholding information that is unfavorable to the party's position, and may make such further adverse inferences and findings with respect to such failure as are warranted. (e) Parties may reference each other's submissions. To reduce duplicative submissions, parties are encouraged to exchange and consolidate lists of documentary evidence. If a particular document is bulky or in limited supply and cannot reasonably be reproduced, and it constitutes relevant evidence, the presiding officer may authorize submission of a reduced number of copies. (f) The presiding officer will rule on questions relating to this section." 40:40:26.0.1.1.26.5.19.4,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.85 Purpose of preliminary conference.,EPA,,,,"The presiding officer will conduct one or more preliminary conferences for the following purposes: (a) To determine the areas of factual disagreement to be considered at the hearing. (b) To establish any necessary procedural rules to control the course of the hearing and the schedule for the hearing. (c) To group parties with substantially similar interests, for purposes of presenting evidence, making objections, cross-examination, and presenting oral argument. (d) To obtain stipulations and admissions of facts. (e) To take other action that may expedite the hearing." 40:40:26.0.1.1.26.5.19.5,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.86 Time and place of preliminary conference.,EPA,,,,"A preliminary conference will commence at the date, time, and place announced in the Notice of Hearing, or as otherwise specified by the Administrator or presiding officer in a subsequent notice. The preliminary conference may not commence until after expiration of the time for filing notices of participation under § 179.42. The presiding officer may specify that two or more such conferences shall be held." 40:40:26.0.1.1.26.5.19.6,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.87 Procedures for preliminary conference.,EPA,,,,"Parties in a hearing must appear at the preliminary conference(s) prepared to present a position on the matters specified in § 179.85. A preliminary conference may be held by telephone, or other electronic means, if appropriate. (a) To expedite the hearing, parties are encouraged to prepare in advance for the conference. Parties should cooperate with each other and should request information and begin preparation of testimony at the earliest possible time. Failure of a party to appear at the preliminary conference or to raise matters that could reasonably be anticipated and resolved at that time will not delay the progress of the hearing, and constitutes a waiver of the rights of the party regarding such matters as objections to the agreements reached, actions taken, or rulings issued. Such failure to appear may also be grounds for striking the party's participation under § 179.42(f). (b) Each party shall bring to the preliminary conference the following specific information, which will be filed with the hearing clerk under § 179.80: (1) Any additional information to supplement the submission which may have been filed under § 179.83, and/or which may be filed if approved under § 179.83(c). (2) A list setting forth each person who has been identified as a witness whose oral or written testimony will be offered by the party at the hearing, with a full curriculum vitae for each and a summary of the expected testimony (including a list of the principal exhibits on which the witness will rely) or a statement as to when such a summary will be furnished. A party may amend its witness and document list to add, delete, or substitute witnesses or documents. (c) The presiding officer may hold preliminary conferences off the record in an effort to reach agreement on disputed factual or procedural questions. (d) The presiding officer shall issue and file under § 179.80 a written order reciting the actions taken at each preliminary conference and setting forth the schedule for the hearing. The order will control the subsequent course of the hearing unless modified by the presiding officer for good cause." 40:40:26.0.1.1.26.5.19.7,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.89 Motions.,EPA,,,,"A motion, unless made in the course of a preliminary conference or a transcribed oral hearing before the presiding officer, must be filed in the manner prescribed by § 179.80 and include a draft order. A response may be filed within 10 days of service of a motion. The moving party has no right to reply, except as permitted by the presiding officer. The presiding officer shall rule upon the motion." 40:40:26.0.1.1.26.5.19.8,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.90 Summary decisions.,EPA,,,,"(a) After the hearing commences, a party may file a written motion, with or without supporting affidavits or brief, for a summary decision on any issue in the hearing. Any other party may, within 10 days after service of the motion, which time may be extended for an additional 10 days for good cause shown, serve opposing affidavits or brief or countermove for summary decision. The presiding officer may set the matter for argument and call for the submission of briefs if not submitted by the parties. (b) The presiding officer will grant the motion if the objections, requests for hearing, other pleadings, affidavits, and other material filed in connection with the hearing, or matters officially noticed, show that there is no genuine disagreement as to any material fact bearing on the issue and that a party is entitled to summary decision. (c) Affidavits should set forth facts that would be admissible in evidence and show affirmatively that the affiant is competent to testify to the matters stated. When a properly supported motion for summary decision is made, a party opposing the motion may not rest upon mere allegations or denials or general descriptions of positions and contentions; affidavits or other responses must demonstrate specifically that there is a genuine issue of material fact for the hearing. (d) Should it appear from the affidavits of a party opposing the motion that for sound reasons stated, facts essential to justify the opposition cannot be presented by affidavit, the presiding officer may deny the motion for summary decision, order a continuance to permit affidavits or additional evidence to be obtained, or issue other just order. (e) If a summary decision is not rendered upon all issues or for all the relief asked, and evidentiary facts need to be developed, the presiding officer will issue an order specifying the facts that appear without substantial controversy and directing further evidentiary proceedings. The facts so specified will be deemed established. (f) A party may obtain interlocutory review by the Administrator of a summary decision of the presiding officer." 40:40:26.0.1.1.26.5.19.9,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,E,Subpart E—Hearing Procedures,,§ 179.91 Burden of going forward; burden of persuasion.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]","(a) The party whose request for an evidentiary hearing was granted has the burden of going forward in the hearing with evidence as to the issues relevant to that request for a hearing. (b) The party or parties who contend that a regulation satisfies the criteria of section 408 of the FFDCA has the burden of persuasion in the hearing on that issue, whether the proceeding concerns the establishment, modification, or revocation of a tolerance or exemption from the requirement for a tolerance." 40:40:26.0.1.1.26.6.19.1,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,F,Subpart F—Decisions and Appeals,,§ 179.101 Interlocutory appeal from ruling of presiding officer.,EPA,,,,"(a) Except as provided in paragraph (b) of this section and in §§ 179.20(b), 179.42(f), 179.75(b), and 179.90(f), rulings of the presiding officer may not be appealed to the Administrator before the Administrator's consideration of the entire record of the hearing. (b) A ruling of the presiding officer is subject to interlocutory appeal to the Administrator if the presiding officer certifies on the record or by document submitted under § 179.80 that immediate review is necessary to prevent exceptional delay, expense, or prejudice to any party or substantial harm to the public interest. When an order or ruling is not certified by the presiding officer, it shall be reviewed by the Administrator only upon appeal from the initial decision except when the Administrator determines upon the request of a party and in exceptional circumstances, that delaying review would be deleterious to vital public or private interests. Except in extraordinary circumstances, proceedings will not be stayed pending an interlocutory appeal. Where a stay is granted, a stay of more than 30 days must be approved by the Administrator. (c) Ordinarily, the interlocutory appeal will be decided on the basis of the submission made to the presiding officer, but the Administrator may allow further briefs and oral arguments. Any oral argument will be transcribed and the transcript will be prepared and certified in the same manner as provided in § 179.94." 40:40:26.0.1.1.26.6.19.2,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,F,Subpart F—Decisions and Appeals,,§ 179.105 Initial decision.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005]","(a) After the filing of briefs and any oral argument, the presiding officer shall prepare and file an initial decision on the issues of fact in the hearing and the objections relating to those issues. (b) The initial decision must be based on a fair evaluation of the entire record, and must contain: (1)(i) A conclusion that no change is warranted in the order or regulation to which objection was taken; or (ii) A conclusion that changes in the order or regulation are warranted, the language of the order or regulation as changed, and an effective date for the order or regulation as changed. (2) Findings of fact supported by reliable, probative and substantial evidence that has been found admissible by the presiding officer, and adequate citations to the record supporting those findings. (3) Conclusions on legal and policy issues, if such conclusions are necessary to resolve the objections. (4) A discussion of the reasons for the findings and conclusions, including a discussion of the significant contentions made by any party. (c) Except as otherwise provided by order of the Administrator filed in accordance with § 179.80, after the initial decision is filed, the presiding officer has no further jurisdiction over the matter and any motions or requests filed with the hearing clerk will be decided by the Administrator. (d) The initial decision becomes the final decision of the Administrator by operation of law unless a party files exceptions with the hearing clerk under § 179.107 or the Administrator files a notice of review under § 179.110." 40:40:26.0.1.1.26.6.19.3,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,F,Subpart F—Decisions and Appeals,,§ 179.107 Appeal from or review of initial decision.,EPA,,,,"(a) A party may appeal an initial decision to the Administrator by filing exceptions with the hearing clerk, and serving them on the other parties, within the period specified in the initial decision. The period may not exceed 30 days, unless extended by the Administrator under paragraph (d) of this section. (b) Exceptions must specifically identify alleged errors in the findings of fact or conclusions of law or policy in the initial decision and, if errors in the findings of fact are alleged, must provide supporting citations to evidence of record. Oral argument before the Administrator may be requested in the exceptions. (c) Any reply to the exceptions is to be filed and served within the timeperiod specified in the initial decision. The timeperiod may not exceed 30 days after the end of the period (including any extensions) for filing exceptions, unless extended by the Administrator under paragraph (d) of this section. (d) The Administrator may extend the time for filing exceptions or replies to exceptions for good cause shown. (e) If the Administrator decides to hear oral argument, the parties will be informed of the date, time, and place; the amount of time allotted to each party, and the issues to be addressed." 40:40:26.0.1.1.26.6.19.4,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,F,Subpart F—Decisions and Appeals,,§ 179.110 Determination by Administrator to review initial decision.,EPA,,,,"Within 10 days following the expiration of the time for filing exceptions (including any extensions), the Administrator may file with the hearing clerk, and serve on the parties, a notice of the Administrator's determination to review the initial decision. The Administrator may invite the parties to file briefs or present oral argument on the matter. The time for filing briefs or presenting oral argument will be specified in that or a later notice." 40:40:26.0.1.1.26.6.19.5,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,F,Subpart F—Decisions and Appeals,,§ 179.112 Decision by Administrator on appeal or review of initial decision.,EPA,,,,"(a) On appeal from or review of the initial decision, the Administrator shall have the same powers as did the presiding officer in making the initial decision. On the Administrator's own initiative or on motion, the Administrator may remand the matter to the presiding officer for any further action necessary for a proper decision. (b) The scope of the issues on appeal to, or on review by the Administrator is the same as the scope of the issues before the presiding officer, unless the Administrator specifies otherwise. (c) After the filing of briefs and any oral argument, the Administrator will issue a final decision on the issues of fact in the hearing and the objections related to those issues. A final decision must contain the elements required for an initial decision by § 179.105(b). (d) The Administrator may adopt the initial decision as the final decision. (e) The Administrator's decision, or a summary of the decision and a notice of its availability, will be published in the Federal Register." 40:40:26.0.1.1.26.6.19.6,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,F,Subpart F—Decisions and Appeals,,§ 179.115 Motion to reconsider a final order.,EPA,,,,"A party may file a motion requesting the Administrator to reconsider a final decision under this part. Any such motion must be filed within 10 days after service of the final decision, and must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Such a motion shall not stay the effective date of the final decision unless specifically so ordered by the Administrator." 40:40:26.0.1.1.26.6.19.7,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,F,Subpart F—Decisions and Appeals,,§ 179.117 Designation and powers of judicial officer.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012]","(a) One or more judicial officers may be designated by the Administrator. A judicial officer shall be an attorney who is a permanent or temporary employee of the Agency or of another Federal agency. A judicial officer may perform other duties. A judicial officer who performs any duty under this part may not be employed by OCSPP, by the Pesticides and Toxic Substances Division of the Office of General Counsel, or by any other person who is a representative of OCSPP in the hearing. A person may not be designated as a judicial officer in a hearing if he or she performed any prosecutorial or investigative functions in connection with that hearing or any other factually related hearing. (b) The Administrator may delegate to the judicial officer all or part of the Administrator's authority to act in a given proceeding under this part. Such a delegation does not prevent the judicial officer from referring any motion or case to the Administrator when appropriate." 40:40:26.0.1.1.26.7.19.1,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,G,Subpart G—Judicial Review,,§ 179.125 Judicial review.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005]","(a) The Administrator's final decision is final agency action reviewable in the courts as provided by FFDCA section 408(h), as of the date of publication of the order in the Federal Register. The failure of a person to file a petition for judicial review within the period ending on the 60th day after the date of the publication of the order constitutes a waiver under FFDCA section 408(h) of the right to judicial review of the order and of any regulation promulgated by the order. (b) The record for judicial review of a final decision under this part consists of the record described in § 179.130." 40:40:26.0.1.1.26.7.19.2,40,Protection of Environment,I,E,179,PART 179—FORMAL EVIDENTIARY PUBLIC HEARING,G,Subpart G—Judicial Review,,§ 179.130 Administrative record.,EPA,,,"[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005]","(a) For purposes of judicial review, the record of a hearing that culminates in a final decision of the Administrator under § 179.105(d) or § 179.112(c) ruling on an objection shall consist of: (1) The objection ruled on (and any request for hearing that was included with the objection). (2) Any order issued under § 180.7(g) of this chapter to which the objection related, and: (i) The regulation or petition denial that was the subject of that order. (ii) The petition to which such order responded. (iii) Any amendment or supplement of the petition. (iv) The data and information submitted in support of the petition. (v) The notice of filing of the petition. (3) Any order issued under § 180.29(f) of this chapter to which the objection related, the regulation that was the subject of that order, and each related Notice of Proposed Rulemaking. (4) The comments submitted by members of the public in response to the Notice of Filing or Notice of Proposed Rulemaking, and the information submitted as part of the comments, the Administrator's response to comments and the documents or information relied on by the Administrator in issuing the regulation or order. (5) All other documents or information submitted to the docket for the rulemaking in question under parts 177 or part 180 of this chapter. (6) The Notice of Hearing published under § 179.20. (7) All notices of participation filed under § 179.42. (8) Any Federal Register notice issued under this part that pertains to the proceeding. (9) All submissions filed under § 179.80. (10) Any document of which official notice was taken under § 179.95. (b) The record of the administrative proceeding is closed: (1) With respect to the taking of evidence, when specified by the presiding officer. (2) With respect to pleadings, at the time specified in § 179.98(a) for the filing of briefs. (c) The presiding officer may reopen the record to receive further evidence at any time before the filing of the initial decision." 46:46:7.0.1.3.14.1.63.1,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",A,Subpart A—General Provisions,,§ 179.15 Incorporation by reference.,USCG,,,"[USCG-2007-0030, 75 FR 78091, Dec. 14, 2010, as amended by USCG-2012-0832, 77 FR 59789, Oct. 1, 2012; USCG-2013-0671, 78 FR 60164, Sept. 30, 2013]","(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is 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. It is also available for inspection at Coast Guard Headquarters. Contact Commandant (CG-ENG-2), Attn: Naval Architecture Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The material is also available from the sources listed in paragraph (b) of this section. (b) International Maritime Organization (IMO), Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, + 44 (0)20 7735 7611, http://www.imo.org/. (1) Resolution MSC.216(82), Adoption of Amendments to the International Convention for the Safety of Life At Sea, 1974, As Amended (IMO Res. MSC.216(82)), Adopted on 8 December 2006, IBR approved for § 179.212. (2) [Reserved]" 46:46:7.0.1.3.14.1.63.2,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",A,Subpart A—General Provisions,,§ 179.115 Applicability to existing vessels.,USCG,,,,"An existing vessel must comply with the subdivision, damage stability, and watertight integrity regulations which were applicable to the vessel on March 10, 1996, or, as an alternative, the vessel may comply with the regulations in this part." 46:46:7.0.1.3.14.2.63.1,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",B,Subpart B—Subdivision and Damage Stability Requirements,,§ 179.210 Collision bulkhead.,USCG,,,,"(a) A vessel of more than 19.8 meters (65 feet) in length must have a collision bulkhead. (b) A vessel of not more than 19.8 meters (65 feet) in length must have a collision bulkhead if it: (1) Carries more than 49 passengers; (2) Operates on exposed waters; (3) Is of more than 12.2 meters (40 feet) in length and operates on partially protected waters; or (4) Is constructed of wood on or after March 11, 2001, and operates in cold water. (c) A double-ended ferry required to have a collision bulkhead must have a collision bulkhead at each end of the vessel." 46:46:7.0.1.3.14.2.63.2,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",B,Subpart B—Subdivision and Damage Stability Requirements,,§ 179.212 Watertight bulkheads for subdivision and damage stability.,USCG,,,"[USCG-2007-0030, 75 FR 78091, Dec. 14, 2010]","(a) Except as provided in paragraph (c) of this section, each vessel must comply with the Type II subdivision and damage stability requirements of §§ 171.070 through 171.073 and 171.080 of this chapter if it meets one or more of the following criteria: (1) Is more than 19.8 meters (65 feet) in length; (2) Carries more than 49 passengers; (3) Is constructed of wood on or after March 11, 2001, and operates in cold water; or (4) Is constructed before January 1, 2009 and carries more than 12 passengers on an international voyage. (b) Vessels constructed on or after January 1, 2009 and carrying more than 12 passengers on an international voyage must comply with the applicable requirements of IMO Res. MSC.216(82) (incorporated by reference, see § 179.15) unless permitted otherwise. (c) As an alternative to complying with the Type II subdivision and damage stability requirements of §§ 171.070 through 171.073 and 171.080 of this chapter, a monohull vessel which undergoes a simplified stability proof test in accordance with § 178.330 of this chapter may comply with § 179.220 of this part. (d) For the purpose of demonstrating compliance with the Type II subdivision and damage stability requirements of §§ 171.070 through 171.073 and 171.080 of this chapter, the requirements of IMO Res. MSC.216(82) may be considered equivalent." 46:46:7.0.1.3.14.2.63.3,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",B,Subpart B—Subdivision and Damage Stability Requirements,,§ 179.220 Location of watertight bulkheads for subdivision.,USCG,,,"[CGD 85-080, 61 FR 971, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended by USCG-2007-0030, 75 FR 78092, Dec. 14, 2010]","(a) The maximum distance between adjacent main transverse watertight bulkheads on a vessel, required by § 179.212(a) of this part to comply with this section, must not be more than the smaller of the following: (1) One third of the length of the bulkhead deck; or (2) The distance given by the following equation: where: d = the maximum length of the bulkhead deck in meters (feet) between adjacent main transverse watertight bulkheads; F = the floodable length factor from Table 179.220(a); f = the effective freeboard in meters (feet) calculated for each pair of adjacent bulkheads in accordance with paragraph (b) of this section; L = Length Over Deck in meters (feet) measured over the bulkhead deck; and D = the depth in meters (feet), measured amidships at a point one-quarter of the maximum beam out from the centerline, from the inside of the bottom planking or plating to the level of the top of the bulkhead deck at side as shown in Figure 179.220(a). where: d = the maximum length of the bulkhead deck in meters (feet) between adjacent main transverse watertight bulkheads; F = the floodable length factor from Table 179.220(a); f = the effective freeboard in meters (feet) calculated for each pair of adjacent bulkheads in accordance with paragraph (b) of this section; L = Length Over Deck in meters (feet) measured over the bulkhead deck; and D = the depth in meters (feet), measured amidships at a point one-quarter of the maximum beam out from the centerline, from the inside of the bottom planking or plating to the level of the top of the bulkhead deck at side as shown in Figure 179.220(a). Table 179.220( a )—Table of Floodable Length Factors Note 1: Where: x = distance in meters (feet) from the midpoint of the compartment to the forward-most point on the bulkhead deck excluding sheer; and L = length over deck in meters (feet) measured over the bulkhead deck. Note 2: Intermediate values of floodable length factor may be obtained by interpolation. (b) The effective freeboard for each compartment is calculated by the following equation: f = (a + b)/2 where: f = the effective freeboard in meters (feet). a = the freeboard in meters (feet) measured: (1) At the forward main transverse watertight bulkhead; and (2) From the deepest waterline to: (i) The top of the bulkhead deck on a flush deck vessel; or (ii) If a vessel has a stepped bulkhead deck, the line shown in Figure 179.220(b); or (iii) If a vessel has an opening port light below the bulkhead deck, the line shown in Figure 179.220(c). b = the freeboard in meters (feet) measured: (1) At the aft main transverse watertight bulkhead; and (2) From the deepest waterline to: (i) The top of the bulkhead deck on a flush deck vessel; or (ii) If a vessel has a stepped bulkhead deck, the line shown in Figure 1 to § 179.220(b); or (iii) if a vessel has an opening port light below the bulkhead deck, the line shown in Figure 2 to § 179.220(b). where: f = the effective freeboard in meters (feet). a = the freeboard in meters (feet) measured: b = the freeboard in meters (feet) measured: (c) Calculations needed to demonstrate compliance with paragraphs (a) and (b) of this section must be submitted to, and approved by, the Commanding Officer, Marine Safety Center." 46:46:7.0.1.3.14.2.63.4,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",B,Subpart B—Subdivision and Damage Stability Requirements,,§ 179.230 [Reserved],USCG,,,, 46:46:7.0.1.3.14.2.63.5,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",B,Subpart B—Subdivision and Damage Stability Requirements,,§ 179.240 Foam flotation material.,USCG,,,"[CGD 85-080, 61 FR 971, Jan. 10, 1996, as amended at 62 FR 51357, Sept. 30, 1997; USCG-2003-16630, 73 FR 65206, Oct. 31, 2008]","(a) Foam may only be installed as flotation material on a vessel when approved by the cognizant OCMI. (b) If foam is installed as flotation material on a vessel, the owner shall ensure that the following tests are conducted and requirements are met, to the satisfaction of the cognizant OCMI: (1) All foam must comply with NPFC MIL-P-21929C (incorporated by reference, see 46 CFR 175.600). The fire resistance test is not required. (2) Foam may be installed only in void spaces that are free of ignition sources, unless the foam complies with the requirements of 33 CFR 183.114; (3) Foam may be installed adjacent to fuel tanks only if the boundary between the tank and the space has double continuous fillet welds; (4) The structure enclosing the foam must be strong enough to accommodate the buoyancy of the foam; (5) Piping and cables must not pass through foamed spaces unless they are within piping and cable ways accessible from both ends; (6) Blocked foam must: (i) Be used in each area that may be exposed to water; and (ii) Have a protective cover, approved by the cognizant OCMI, to protect it from damage; (7) A water submergence test must be conducted on the foam for a period of at least 7 days to demonstrate to the satisfaction of the cognizant OCMI that the foam has adequate strength to withstand a hydrostatic head equivalent to that which would be imposed if the vessel were submerged to its bulkhead deck; (8) The effective buoyancy of the foam must be determined at the end of the submergence test required by paragraph (b)(7) of this section. The effective buoyancy or 881 kilograms per cubic meter (55 pounds per cubic foot), whichever is less, must be used in determining the location of watertight bulkheads for subdivision required by § 179.212; and (9) The owner or operator must obtain sample foam specimens during installation of the foam and determine the density of the installed foam." 46:46:7.0.1.3.14.3.63.1,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",C,Subpart C—Watertight Integrity Requirements,,§ 179.310 Collision bulkheads.,USCG,,,,"(a) Each collision bulkhead required by § 179.210, must be constructed in accordance with § 179.320, except that a collision bulkhead: (1) Must extend to the weather deck or to one deck above the bulkhead deck, whichever is lower, for service on oceans or coastwise routes; and (2) Must not be fitted with any type of penetration or opening except penetrations may be made if they are located as high and as far inboard as practicable and they have a means to make them watertight. (b) The forward collision bulkhead required to be on a vessel by § 179.210 must be: (1) Located at least 5 percent but not more than 15 percent of the length between perpendiculars (LBP) aft of the forward perpendicular, or for vessels with bulbous bows extending forward of the forward perpendicular and contributing more than 2 percent of the underwater volume of the vessel, located at least 5 percent but not more than 15 percent of the LBP aft of the mid-length of such extension; and (2) Installed in a single plane, with no recess or step, up to the bulkhead deck; (c) The after collision bulkhead on a double-ended ferry of more than 19.8 meters (65 feet) in length must be: (1) At least 5 percent but not more than 15 percent of the LBP forward of the after perpendicular; and (2) Installed in a single plane, with no recess or step, at least up to the bulkhead deck." 46:46:7.0.1.3.14.3.63.2,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",C,Subpart C—Watertight Integrity Requirements,,§ 179.320 Watertight bulkheads.,USCG,,,,"(a) Each watertight bulkhead must be of sufficient strength to be capable of remaining watertight with a head of water to the top of the bulkhead. (b) Each watertight bulkhead must extend to the bulkhead deck and be installed in one plane without steps or recesses insofar as is reasonable and practicable. Any steps or recesses permitted must comply with the applicable subdivision requirements in this subchapter. (c) The number of penetrations in a watertight bulkhead must be minimized. A penetration in a watertight bulkhead must be as high and as far inboard in the bulkhead as practicable, and made watertight. (d) Sluice valves are not permitted in watertight bulkheads." 46:46:7.0.1.3.14.3.63.3,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",C,Subpart C—Watertight Integrity Requirements,,§ 179.330 Watertight doors.,USCG,,,,"(a) Hinged watertight doors are not permitted in bulkheads required by § 179.210 or § 179.212 unless the vessel will not proceed more than 20 nautical miles from shore and: (1) The door separates a machinery space from an accommodation space and, in the judgment of the cognizant OCMI, the door will be kept closed except when a person is passing through the door; or (2) The Commandant determines that, due to the arrangements of the vessel, the door will be kept closed except when a person is passing through the door. (b) A hinged watertight bulkhead door must be fitted with a quick action closing devise operable from both sides of the door and indicator lights at the operating station showing whether the door is open or closed. (c) Sliding watertight doors must meet the requirements of part 170, subpart H in subchapter S of this chapter. (d) No more than one watertight door may be fitted in a watertight bulkhead, and it must be located as high and as far inboard as practicable." 46:46:7.0.1.3.14.3.63.4,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",C,Subpart C—Watertight Integrity Requirements,,§ 179.340 Trunks.,USCG,,,,"Where a trunk ( i.e. , an enclosed passageway through a deck or bulkhead) is installed, it must comply with the requirements of § 179.360(a)(1) and with the requirements of § 171.113 in subchapter S of this chapter." 46:46:7.0.1.3.14.3.63.5,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",C,Subpart C—Watertight Integrity Requirements,,§ 179.350 Openings in the side of a vessel below the bulkhead or weather deck.,USCG,,,,"(a) On a vessel operating on exposed or partially protected waters, an opening port light is not permitted below the weather deck unless the sill of the port light is at least 760 millimeters (30 inches) above the deepest load waterline. (b) A port light must have an inside, hinged dead cover regardless of whether the port light is or is not capable of being opened. (c) Except for engine exhausts, each inlet or discharge pipe that penetrates the hull below a line drawn parallel to and at least 150 millimeters (6 inches) above the deepest load waterline must have means to prevent water from entering the vessel if the pipe fractures or otherwise fails. (d) A positive action valve or cock that is located as close as possible to the hull is an acceptable means for complying with paragraph (c) of this section. (e) If an inlet or discharge pipe is inaccessible, the means for complying with paragraph (c) of this section must be a shut-off valve that is: (1) Operable from the weather deck or any other accessible location above the bulkhead deck; and (2) Labeled at the operating point for identity and direction of closing. (f) Any connecting device or valve in a hull penetration must not be cast iron. (g) Each plug cock in an inlet or discharge pipe must have a means, other than a cotter pin, to prevent its loosening or removal from the body." 46:46:7.0.1.3.14.3.63.6,46,Shipping,I,T,179,"PART 179—SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY",C,Subpart C—Watertight Integrity Requirements,,§ 179.360 Watertight integrity.,USCG,,,,"(a) A hatch exposed to the weather must be watertight, except that the following hatches may be weathertight: (1) A hatch on a watertight trunk that extends at least 305 millimeters (12 inches) above the weather deck; (2) A hatch in a cabin top; and (3) A hatch on a vessel that operates only on protected waters. (b) A hatch cover must: (1) Have securing devices; and (2) Be attached to the hatch frame or coaming by hinges, captive chains, or other devices of substantial strength to prevent its loss. (c) A hatch cover that provides access to accommodation spaces must be operable from either side. (d) A weathertight door must be provided for each opening located in a deck house or companionway. Permanent watertight coamings must be provided as follows: (1) On a vessel on an exposed or partially protected route, a watertight coaming with a height of at least 150 millimeters (6 inches) must be provided under each weathertight door in a cockpit or a well, or on the main deck of a flush deck vessel. (2) On a vessel on a protected route, a watertight coaming with a height of at least 75 millimeters (3 inches) must be provided under each weathertight door in a cockpit or a well. (3) The height of the watertight coaming for a hinged watertight door need only be sufficient to accommodate the door." 49:49:3.1.1.1.2.1.1.1,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,§ 179.1 General.,PHMSA,,,"[Amdt. 179-17, 41 FR 38183, Sept. 9, 1976, as amended by Amdt. 179-50, 60 FR 49076, Sept. 21, 1995; 68 FR 48571, Aug. 14, 2003]","(a) This part prescribes the specifications for tanks that are to be mounted on or form part of a tank car and which are to be marked with a DOT specification. (b) Except as provided in paragraph (c) of this section, tanks to which this part is applicable, must be built to the specifications prescribed in this part. (c) Tanks built to specifications predating those in this part may continue in use as provided in § 180.507 of this subchapter. (d) Any person who performs a function prescribed in this part, shall perform that function in accordance with this part. (e) When this part requires a tank to be marked with a DOT specification (for example, DOT-105A100W), compliance with that requirement is the responsibility of the tank builder. Marking the tank with the DOT specification shall be understood to certify compliance by the builder that the functions performed by the builder, as prescribed in this part, have been performed in compliance with this part. (f) The tank builder should inform each person to whom that tank is transferred of any specification requirements which have not been met at time of transfer." 49:49:3.1.1.1.2.1.1.2,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,§ 179.2 Definitions and abbreviations.,PHMSA,,,"[29 FR 18995, Dec. 20, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21344, Nov. 6, 1971; Amdt. 179-50, 60 FR 49076, Sept. 21, 1995; Amdt. 179-50, 61 FR 33255, June 26, 1996; 63 FR 52850, Oct. 1, 1998; 66 FR 45186, 45390, Aug. 28, 2001; 68 fR 75759, Dec. 31, 2003]","(a) The following apply in part 179: (1) AAR means Association of American Railroads. (2) Approved means approval by the AAR Tank Car Committee. (3) ASTM means American Society for Testing and Materials. (4) [Reserved] (5) Definitions in part 173 of this chapter also apply. (6) F means degrees Fahrenheit. (7) NGT means National Gas Taper Threads. (8) NPT means an American Standard Taper Pipe Thread conforming to the requirements of NBS Handbook H-28 (IBR, see § 171.7 of this subchapter). (9) [Reserved] (10) Tank car facility means an entity that manufactures, repairs, inspects, tests, qualifies, or maintains a tank car to ensure that the tank car conforms to this part and subpart F of part 180 of this subchapter, that alters the certificate of construction of the tank car, that ensures the continuing qualification of a tank car by performing a function prescribed in parts 179 or 180 of this subchapter, or that makes any representation indicating compliance with one or more of the requirements of parts 179 or 180 of this subchapter. (11) Tanks means tank car tanks. (b) [Reserved]" 49:49:3.1.1.1.2.1.1.3,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,§ 179.3 Procedure for securing approval.,PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967 and amended by Amdt. 179-41, 52 FR 36672, Sept. 30, 1987; 63 FR 52850, Oct. 1, 1998; 68 FR 48571, Aug. 14, 2003; 70 FR 73166, Dec. 9, 2005]","(a) Application for approval of designs, materials and construction, conversion or alteration of tank car tanks under these specifications, complete with detailed prints, must be submitted in prescribed form to the Executive Director—Tank Car Safety, AAR, for consideration by its Tank Car Committee and other appropriate committees. Approval or rejections of applications based on appropriate committee action will be issued by the executive director. (b) When, in the opinion of the Committee, such tanks or equipment are in compliance with the requirements of this subchapter, the application will be approved. (c) When such tanks or equipment are not in compliance with the requirements of this subchapter, the Committee may recommend service trials to determine the merits of a change in specifications. Such service trials may be conducted only if the builder or shipper applies for and obtains a special permit." 49:49:3.1.1.1.2.1.1.4,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,§ 179.4 Changes in specifications for tank cars.,PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967 and amended by Amdt. 179-41, 52 FR 36672, Sept. 30, 1987; 63 FR 52850, Oct. 1, 1998; 70 FR 73166, Dec. 9, 2005]","(a) Proposed changes in or additions to specifications for tanks must be submitted to the Executive Director—Tank Car Safety, AAR, for consideration by its Tank Car Committee. An application for construction of tanks to any new specification may be submitted with proposed specification. Construction should not be started until the specification has been approved or a special permit has been issued. When proposing a new specification, the applicant shall furnish information to justify a new specification. This data should include the properties of the lading and the method of loading and unloading. (b) The Tank Car Committee will review the proposed specifications at its earliest convenience and report its recommendations through the Executive Director—Tank Car Safety to the Department. The recommendation will be considered by the Department in determining appropriate action." 49:49:3.1.1.1.2.1.1.5,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,§ 179.5 Certificate of construction.,PHMSA,,,"[Amdt. 179-10, 36 FR 21344, Nov. 6, 1971, as amended at 63 FR 52850, Oct. 1, 1998; 68 FR 48571, Aug. 14, 2003]","(a) Before a tank car is placed in service, the party assembling the completed car shall furnish a Certificate of Construction, Form AAR 4-2 to the owner and the Executive Director—Tank Car Safety, AAR, certifying that the tank, equipment, and car fully conforms to all requirements of the specification. (b) When cars or tanks are covered in one application and are identical in all details are built in series, one certificate will suffice for each series when submitted to the Executive Director—Tank Car Safety, AAR. (c) If the owner elects to furnish service equipment, the owner shall furnish the Executive Director—Tank Car Safety, AAR, a report in prescribed form, certifying that the service equipment complies with all the requirements of the specifications. (d) When cars or tanks which are covered on one application and are identical in all details are built in series, one certificate shall suffice for each series when submitted to the Executive Director—Tank Car Safety, AAR. One copy of the Certificate of Construction must be furnished to the Executive Director—Tank Car Safety, AAR for each car number of consecutively numbered group or groups covered by the original application." 49:49:3.1.1.1.2.1.1.6,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,§ 179.6 Repairs and alterations.,PHMSA,,,"[68 FR 75759, Dec. 31, 2003]","For procedure to be followed in making repairs or alterations, see appendix R of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter)." 49:49:3.1.1.1.2.1.1.7,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,§ 179.7 Quality assurance program.,PHMSA,,,"[Amdt. 179-50, 60 FR 49076, Sept. 21, 1995, as amended by Amdt. 179-50, 61 FR 33255, June 26, 1996; 68 FR 48571, Aug. 14, 2003; 68 FR 75759, Dec. 31, 2003]","(a) At a minimum, each tank car facility shall have a quality assurance program, approved by AAR, that— (1) Ensures the finished product conforms to the requirements of the applicable specification and regulations of this subchapter; (2) Has the means to detect any nonconformity in the manufacturing, repair, inspection, testing, and qualification or maintenance program of the tank car; and (3) Prevents non-conformities from recurring. (b) At a minimum, the quality assurance program must have the following elements (1) Statement of authority and responsibility for those persons in charge of the quality assurance program. (2) An organizational chart showing the interrelationship between managers, engineers, purchasing, construction, inspection, testing, and quality control personnel. (3) Procedures to ensure that the latest applicable drawings, design calculations, specifications, and instructions are used in manufacture, inspection, testing, and repair. (4) Procedures to ensure that the fabrication and construction materials received are properly identified and documented. (5) A description of the manufacturing, repair, inspection, testing, and qualification or maintenance program, including the acceptance criteria, so that an inspector can identify the characteristics of the tank car and the elements to inspect, examine, and test at each point. (6) Monitoring and control of processes and product characteristics during production. (7) Procedures for correction of nonconformities. (8) Provisions indicating that the requirements of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter), apply. (9) Qualification requirements of personnel performing non-destructive inspections and tests. (10) Procedures for evaluating the inspection and test technique employed, including the accessibility of the area and the sensitivity and reliability of the inspection and test technique and minimum detectable crack length. (11) Procedures for the periodic calibration and measurement of inspection and test equipment. (12) A system for the maintenance of records, inspections, tests, and the interpretation of inspection and test results. (c) Each tank car facility shall ensure that only personnel qualified for each non-destructive inspection and test perform that particular operation. (d) Each tank car facility shall provide written procedures to its employees to ensure that the work on the tank car conforms to the specification, AAR approval, and owner's acceptance criteria. (e) Each tank car facility shall train its employees in accordance with subpart H of part 172 of this subchapter on the program and procedures specified in paragraph (b) of this section to ensure quality. (f) No tank car facility may manufacture, repair, inspect, test, qualify or maintain tank cars subject to requirements of this subchapter, unless it is operating in conformance with a quality assurance program and written procedures required by paragraphs (a) and (b) of this section." 49:49:3.1.1.1.2.1.1.8,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,A,"Subpart A—Introduction, Approvals and Reports",,"§ 179.8 Limitation on actions by states, local governments, and Indian tribes.",PHMSA,,,"[74 FR 1801, Jan. 13, 2009]","Sections 5125 and 20106 of Title 49, United States Code, limit the authority of states, political subdivisions of states, and Indian tribes to impose requirements on the transportation of hazardous materials in commerce. A state, local, or Indian tribe requirement on the transportation of hazardous materials by rail may be preempted under either 49 U.S.C. 5125 or 20106, or both. (a) Section 171.1(f) of this subchapter describes the circumstances under which 49 U.S.C. 5125 preempts a requirement of a state, political subdivision of a state, or Indian tribe. (b) Under the Federal Railroad Safety Act (49 U.S.C. 20106), administered by the Federal Railroad Administration (see 49 CFR parts 200-244), laws, regulations and orders related to railroad safety, including security, shall be nationally uniform to the extent practicable. A state may adopt, or continue in force, a law, regulation, or order covering the same subject matter as a DOT regulation or order applicable to railroad safety and security (including the requirements in this subpart) only when an additional or more stringent state law, regulation, or order is necessary to eliminate or reduce an essentially local safety or security hazard; is not incompatible with a law, regulation, or order of the United States Government; and does not unreasonably burden interstate commerce." 49:49:3.1.1.1.2.2.1.1,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.10 Tank mounting.,PHMSA,,,,"(a) The manner in which tanks are attached to the car structure shall be approved. The use of rivets to secure anchors to tanks prohibited. (b) [Reserved]" 49:49:3.1.1.1.2.2.1.10,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.22 Marking.,PHMSA,,,"[Amdt. 179-50, 60 FR 49077, Sept. 21, 1995, as amended by Amdt. 179-50, 61 FR 33256, June 26, 1996; 68 FR 75759, Dec. 31, 2003; 74 FR 1802, Jan. 13, 2009; 85 FR 75716, Nov. 25, 2020]","In addition to any other marking requirement in this subchapter, the following marking requirements apply: (a) Each tank car must be marked according to the requirements in appendix C of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter). (b) Each tank car that requires a tank-head puncture-resistance system must have the letter “S” substituted for the letter “A” in the specification marking. (c) Each tank car that requires a tank-head puncture-resistance system, a thermal protection system, and a metal jacket must have the letter “J” substituted for the letter “A” or “S” in the specification marking. (d) Each tank car that requires a tank-head puncture-resistance system, a thermal protection system, and no metal jacket must have the letter “T” substituted for the letter “A” or “S” in the specification marking. (e) Each tank car manufactured after March 16, 2009, and before December 28, 2020, to meet the requirements of §§ 173.244(a)(2) or (3) or 173.314(c) or (d) that is marked with the letter “I” in the specification marking, following the test pressure, shall be re-marked with the letter “W” with a delimeter of letter “H” at the tank car's next qualification. (Example: DOT 105J600I would be re-marked as 105H600W.) Each new tank car manufactured after December 28, 2020 shall be marked with the letter “W” following the test pressure and with a delimiter of “H”. (Example: 105H600W)." 49:49:3.1.1.1.2.2.1.11,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.24 Stamping.,PHMSA,,,"[77 FR 37985, June 25, 2012, as amended at 81 FR 35545, June 2, 2016]","(a)(1) After July 25, 2012, to certify compliance with federal requirements, the tank manufacturer must install two identical permanent identification plates, one located on both inboard surfaces of the body bolsters of the tank car. One identification plate must be installed on the right side (AR) of the tank car, and the other must be installed on the back end left side (BL) body bolster webs so that each plate is readily accessible for inspection. The plates must be at least 3/32 inch thick and manufactured from corrosion resistant metal. When the tank jacket (flashing) covers the body bolster web and identification plates, additional identical plates must be installed on the AR and BL corners of the tank in a visible location. Tank cars built before July 25, 2012, may have the plate instead of or in addition to the stamping. (2) Each plate must be stamped, embossed, or otherwise marked by an equally durable method in letters 3/16 inch high with the following information (parenthetical abbreviations may be used, and the AAR form reference is to the applicable provisions of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter): (i) Tank Manufacturer (Tank MFG): Full name of the car builder as shown on the certificate of construction (AAR form 4-2). (ii) Tank Manufacturer's Serial Number (SERIAL NO): For the specific car. (iii) AAR Number (AAR NO): The AAR number from line 3 of AAR Form 4-2. (iv) Tank Specification (SPECIFICATION): The specification to which the tank was built from line 7 of AAR form 4-2. (v) Tank Shell Material/Head Material (SHELL MATL/HEAD MATL): ASTM or AAR specification of the material used in the construction of the tank shell and heads from lines 15 and 16 of AAR Form 4-2. For Class DOT-113W, DOT-115W, AAR-204W, and AAR-206W, the materials used in the construction of the outer tank shell and heads must be listed. Only list the alloy (e.g., 5154) for aluminum tanks and the type (e.g., 304L or 316L) for stainless steel tanks. (vi) Insulation Material (INSULATION MATL): Generic names of the first and second layer of any thermal protection/insulation material applied. (vii) Insulation Thickness (INSULATION THICKNESS): In inches. (viii) Underframe/Stub Sill Type (UF/SS DESIGN): The design from Line 32 of AAR Form 4-2. (ix) Date of Manufacture (DATE OF MFR): The month and year of tank manufacture. If the underframe has a different built date than the tank, show both dates. (3) When a modification to the tank changes any of the information shown in paragraph (a)(2) of this section, the car owner or the tank car facility making the modification must install an additional variable identification plate on the tank in accordance with paragraph (a)(1) of this section showing the following information: (i) AAR Number (AAR NO): The AAR number from line 3 of AAR Form 4-2 for the alteration or conversion. (ii) All items of paragraph (a)(2) of this section that were modified, followed by the month and year of modification. (b) [Reserved]." 49:49:3.1.1.1.2.2.1.2,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.11 Welding certification.,PHMSA,,,,"(a) Welding procedures, welders and fabricators shall be approved. (b) [Reserved]" 49:49:3.1.1.1.2.2.1.3,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.12 Interior heater systems.,PHMSA,,,"[Amdt. 179-52, 61 FR 28678, June 5, 1996, as amended by 66 FR 45390, Aug. 28, 2001]","(a) Interior heater systems shall be of approved design and materials. If a tank is divided into compartments, a separate system shall be provided for each compartment. (b) Each interior heater system shall be hydrostatically tested at not less than 13.79 bar (200 psig) and shall hold the pressure for 10 minutes without leakage or evidence of distress." 49:49:3.1.1.1.2.2.1.4,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.13 Tank car capacity and gross weight limitation.,PHMSA,,,"[74 FR 1802, Jan. 13, 2009, as amended at 75 FR 27216, May 14, 2010; 77 FR 37985, June 25, 2012; 81 FR 35545, June 2, 2016]","Except as provided in this section, tank cars, built after November 30, 1970, or any existing tank cars that are converted, may not exceed 34,500 gallons (130,597 L) capacity or 263,000 pounds (119,295 kg) gross weight on rail. (a) For other than tank cars containing poisonous-by-inhalation material, a tank car may be loaded to a gross weight on rail of up to 286,000 pounds (129,727 kg) upon approval by the Associate Administrator for Safety, Federal Railroad Administration (FRA). Tank cars must conform to the conditions of the approval and must be operated only under controlled interchange conditions agreed to by participating railroads. (b) Tank cars containing poisonous-by-inhalation material meeting the applicable authorized tank car specifications listed in § 173.244(a)(2) or (3) or § 173.314(c) or (d) of this subchapter may have a gross weight on rail of up to 286,000 pounds (129,727 kg). Tank cars containing poisonous-by-inhalation material not meeting the specifications listed in § 173.244(a)(2) or (3) or § 173.314(c) or (d) may be loaded to a gross weight on rail of up to 286,000 pounds (129,727 kg) only upon approval of the Associate Administrator for Safety, Federal Railroad Administration (FRA). Any increase in weight above 263,000 pounds may not be used to increase the quantity of the contents of the tank car." 49:49:3.1.1.1.2.2.1.5,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.14 Coupler vertical restraint system.,PHMSA,,,"[Amdt. 179-42, 54 FR 38797, Sept. 20, 1989]","(a) Performance standard. Each tank car shall be equipped with couplers capable of sustaining, without disengagement or material failure, vertical loads of at least 200,000 pounds (90,718.5 kg) applied in upward and downward directions in combination with buff loads of 2,000 pounds (907.2 kg), when coupled to cars which may or may not be equipped with couplers having this vertical restraint capability. (b) Test verification. Except as provided in paragraph (d) of this section, compliance with the requirements of paragraph (a) of this section shall be achieved by verification testing of the coupler vertical restraint system in accordance with paragraph (c) of this section. (c) Coupler vertical restraint tests. A coupler vertical restraint system shall be tested under the following conditions: (1) The test coupler shall be tested with a mating coupler (or simulated coupler) having only frictional vertical force resistance at the mating interface; or a mating coupler (or simulated coupler) having the capabilities described in paragraph (a) of this section; (2) The testing apparatus shall simulate the vertical coupler performance at the mating interface and may not interfere with coupler failure or otherwise inhibit failure due to force applications and reactions; and (3) The test shall be conducted as follows: (i) A minimum of 200,000 pounds (90,718.5 kg) vertical downward load shall be applied continuously for at least 5 minutes to the test coupler head simultaneously with the application of a nominal 2,000 pounds (907.2 kg) buff load; (ii) The procedures prescribed in paragraph (c)(3)(i) of this section, shall be repeated with a minimum vertical upward load of 200,000 pounds (90,718.5 kg); and (iii) A minimum of three consecutive successful tests shall be performed for each load combination prescribed in paragraphs (c)(3) (i) and (ii) of this section. A test is successful when a vertical disengagement or material failure does not occur during the application of any of the loads prescribed in this paragraph. (d) Authorized couplers. As an alternative to the test verifications in paragraph (c) of this section, the following couplers are authorized: (1) E double shelf couplers designated by the Association of American Railroads' Catalog Nos., SE60CHT, SE60CC, SE60CHTE, SE60CE, SE60DC, SE60DE, SE67CC, SE67CE, SE67BHT, SE67BC, SE67BHTE, SE67BE, SE68BHT, SE68BC, SE68BHTE, SE68BE, SE69AHTE, and SE69AE. (2) F double shelf couplers designated by the Association of American Railroads' Catalog Nos., SF70CHT, SF70CC, SF70CHTE, SF70CE, SF73AC, SF73AE, SF73AHT, SF73AHTE, SF79CHT, SF79CC, SF79CHTE, and SF79CE." 49:49:3.1.1.1.2.2.1.6,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.15 Pressure relief devices.,PHMSA,,,"[Amdt. 179-52, 61 FR 28678, June 5, 1996, as amended by Amdt. 179-52, 61 FR 50255, Sept. 25, 1996; 62 FR 51561, Oct. 1, 1997; 64 FR 51919, Sept. 27, 1999; 66 FR 45390, Aug. 28, 2001; 68 FR 75759, Dec. 31, 2003]","Except for DOT Class 106, 107, 110, and 113 tank cars, tanks must have a pressure relief device, made of material compatible with the lading, that conforms to the following requirements: (a) Performance standard. Each tank must have a pressure relief device, made of materials compatible with the lading, having sufficient flow capacity to prevent pressure build-up in the tank to no more than the flow rating pressure of the pressure relief device in fire conditions as defined in appendix A of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter). (b) Settings for reclosing pressure relief devices. (1) Except as provided in paragraph (b)(2) of this section, a reclosing pressure relief valve must have a minimum start-to-discharge pressure equal to the sum of the static head and gas padding pressure and the lading vapor pressure at the following reference temperatures: (i) 46 °C (115 °F) for noninsulated tanks; (ii) 43 °C (110 °F) for tanks having a thermal protection system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and (iii) 41 °C (105 °F) for insulated tanks. (2)(i) The start-to-discharge pressure of a pressure relief device may not be lower than 5.17 Bar (75 psig) or exceed 33 percent of the minimum tank burst pressure. (ii) Tanks built prior to October 1, 1997 having a minimum tank burst pressure of 34.47 Bar (500 psig) or less may be equipped with a reclosing pressure relief valve having a start-to-discharge pressure of not less than 14.5 percent of the minimum tank burst pressure but no more than 33 percent of the minimum tank burst pressure. (3) The vapor tight pressure of a reclosing pressure relief valve must be at least 80 percent of the start-to-discharge pressure. (4) The flow rating pressure must be 110 percent of the start-to-discharge pressure for tanks having a minimum tank burst pressure greater than 34.47 Bar (500 psig) and from 110 percent to 130 percent for tanks having a minimum tank burst pressure less than or equal to 34.47 Bar (500 psig). (5) The tolerance for a reclosing pressure relief valve is ±3 psi for valves with a start-to-discharge pressure of 6.89 Bar (100 psig) or less and ±3 percent for valves with a start-to-discharge pressure greater than 6.89 Bar (100 psig). (c) Flow capacity of pressure relief devices. The total flow capacity of each reclosing and nonreclosing pressure relief device must conform to appendix A of the AAR Specifications for Tank Cars. (d) Flow capacity tests. The manufacturer of any reclosing or nonreclosing pressure relief device must design and test the device in accordance with appendix A of the AAR Specifications for Tank Cars. (e) Combination pressure relief systems. A non-reclosing pressure relief device may be used in series with a reclosing pressure relief valve. The pressure relief valve must be located outboard of the non-reclosing pressure relief device. (1) When a breaking pin device is used in combination with a reclosing pressure relief valve, the breaking pin must be designed to fail at the start-to-discharge pressure specified in paragraph (b) of this section, and the reclosing pressure relief valve must be designed to discharge at not greater than 95 percent of the start-to-discharge pressure. (2) When a rupture disc is used in combination with a reclosing pressure relief valve, the rupture disc must be designed to burst at the pressure specified in paragraph (b) of this section, and the reclosing pressure relief valve must be designed to discharge at not greater than 95 percent of the pressure. A device must be installed to detect any accumulation of pressure between the rupture disc and the reclosing pressure relief valve. The detection device must be a needle valve, trycock, or tell-tale indicator. The detection device must be closed during transportation. (3) The vapor tight pressure and the start-to-discharge tolerance is based on the discharge setting of the reclosing pressure relief device. (f) Nonreclosing pressure relief device. In addition to paragraphs (a), (b)(4), (c), and (d) of this section, a nonreclosing pressure relief device must conform to the following requirements: (1) A non-reclosing pressure relief device must incorporate a rupture disc designed to burst at a pressure equal to the greater of 100% of the tank test pressure, or 33% of the tank burst pressure. (2) The approach channel and the discharge channel may not reduce the required minimum flow capacity of the pressure relief device. (3) The non-reclosing pressure relief device must be designed to prevent interchange with other fittings installed on the tank car, must have a structure that encloses and clamps the rupture disc in position (preventing any distortion or damage to the rupture disc when properly applied), and must have a cover, with suitable means of preventing misplacement, designed to direct any discharge of the lading downward. (4) The non-reclosing pressure relief device must be closed with a rupture disc that is compatible with the lading and manufactured in accordance with Appendix A of the AAR Specifications for Tank Cars. The tolerance for a rupture disc is + 0 to −15 percent of the burst pressure marked on the disc. (g) Location of relief devices. Each pressure relief device must communicate with the vapor space above the lading as near as practicable on the longitudinal center line and center of the tank. (h) Marking of pressure relief devices. Each pressure relief device and rupture disc must be permanently marked in accordance with the appendix A of the AAR Specifications for Tank Cars." 49:49:3.1.1.1.2.2.1.7,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.16 Tank-head puncture-resistance systems.,PHMSA,,,"[Amdt. 179-50, 60 FR 49077, Sept. 21, 1995, as amended by Amdt. 179-50, 61 FR 33255, June 26, 1996; 66 FR 45390, Aug. 28, 2001; 68 FR 75759, Dec. 31, 2003]","(a) Performance standard. When the regulations in this subchapter require a tank-head puncture-resistance system, the system shall be capable of sustaining, without any loss of lading, coupler-to-tank-head impacts at relative car speeds of 29 km/hour (18 mph) when: (1) The weight of the impact car is at least 119,295 kg (263,000 pounds); (2) The impacted tank car is coupled to one or more backup cars that have a total weight of at least 217,724 kg (480,000 pounds) and the hand brake is applied on the last “backup” car; and (3) The impacted tank car is pressurized to at least 6.9 Bar (100 psig). (b) Verification by testing. Compliance with the requirements of paragraph (a) of this section shall be verified by full-scale testing according to appendix A of this part. (c) Alternative compliance by other than testing. As an alternative to requirements prescribed in paragraph (b) of this section, compliance with the requirements of paragraph (a) of this section may be met by installing full-head protection (shields) or full tank-head jackets on each end of the tank car conforming to the following: (1) The full-head protection (shields) or full tank-head jackets must be at least 1.27 cm (0.5 inch) thick, shaped to the contour of the tank head and made from steel having a tensile strength greater than 379.21 N/mm 2 (55,000 psi). (2) The design and test requirements of the full-head protection (shields) or full tank-head jackets must meet the impact test requirements in Section 5.3 of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter). (3) The workmanship must meet the requirements in Section C, Part II, Chapter 5, of the AAR Specifications for Design, Fabrication, and Construction of Freight Cars (IBR, see § 171.7 of this subchapter)." 49:49:3.1.1.1.2.2.1.8,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.18 Thermal protection systems.,PHMSA,,,"[Amdt. 179-50, 60 FR 49077, Sept. 21, 1995, as amended by Amdt. 179-50, 61 FR 33256, June 26, 1996; 66 FR 45390, Aug. 28, 2001; 70 FR 56099, Sept. 23, 2005; 72 FR 55696, Oct. 1, 2007]","(a) Performance standard. When the regulations in this subchapter require thermal protection on a tank car, the tank car must have sufficient thermal resistance so that there will be no release of any lading within the tank car, except release through the pressure release device, when subjected to: (1) A pool fire for 100 minutes; and (2) A torch fire for 30 minutes. (b) Thermal analysis. (1) Compliance with the requirements of paragraph (a) of this section shall be verified by analyzing the fire effects on the entire surface of the tank car. The analysis must consider the fire effects on and heat flux through tank discontinuities, protective housings, underframes, metal jackets, insulation, and thermal protection. A complete record of each analysis shall be made, retained, and upon request, made available for inspection and copying by an authorized representative of the Department. The procedures outlined in “Temperatures, Pressures, and Liquid Levels of Tank Cars Engulfed in Fires,” DOT/FRA/OR&D-84/08.11, (1984), Federal Railroad Administration, Washington, DC (available from the National Technical Information Service, Springfield, VA) shall be deemed acceptable for analyzing the fire effects on the entire surface of the tank car. (2) When the analysis shows the thermal resistance of the tank car does not conform to paragraph (a) of this section, the thermal resistance of the tank car must be increased by using a system listed by the Department under paragraph (c) of this section or by testing a new or untried system and verifying it according to appendix B of this part. (c) Systems that no longer require test verification. The Department maintains a list of thermal protection systems that comply with the requirements of appendix B of this part and that no longer require test verification. Information necessary to equip tank cars with one of these systems is available in the PHMSA Records Center, Pipeline and Hazardous Materials Safety Administration, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001." 49:49:3.1.1.1.2.2.1.9,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,B,Subpart B—General Design Requirements,,§ 179.20 Service equipment; protection systems.,PHMSA,,,"[68 FR 75759, Dec. 31, 2003]","If an applicable tank car specification authorizes location of filling or discharge connections in the bottom shell, the connections must be designed, constructed, and protected according to paragraphs E9.00 and E10.00 of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter)." 49:49:3.1.1.1.2.3.1.1,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.100 General specifications applicable to pressure tank car tanks.,PHMSA,,,, 49:49:3.1.1.1.2.3.1.10,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,"§ 179.100-12 Manway nozzle, cover and protective housing.",PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21345, Nov. 6, 1971; 68 FR 75760, Dec. 31, 2003]","(a) Manway nozzles must be of approved design of forged or rolled steel for steel tanks or of fabricated aluminum alloy for aluminum tanks, with an access opening of at least 18 inches inside diameter, or at least 14 inches by 18 inches around or oval. Each nozzle must be welded to the tank and the opening reinforced in an approved manner in compliance with the requirements of AAR Specifications for Tank Cars, appendix E, Figure E10 (IBR, see § 171.7 of this subchapter). (b) Manway cover shall be machined to approved dimensions and be of forged or rolled carbon or alloy steel, rolled aluminum alloy or nickel when required by the lading. Minimum thickness is listed in § 179.101. Manway cover shall be attached to manway nozzle by through or stud bolts not entering tank, except as provided in § 179.103-2(a). (c) Except as provided in § 179.103, protective housing of cast, forged or fabricated approved materials must be bolted to manway cover with not less than twenty 3/4 -inch studs. The shearing value of the bolts attaching protective housing to manway cover must not exceed 70 percent of the shearing value of bolts attaching manway cover to manway nozzle. Housing must have steel sidewalls not less than three-fourths inch in thickness and must be equipped with a metal cover not less than one-fourth inch in thickness that can be securely closed. Housing cover must have suitable stop to prevent cover striking loading and unloading connections and be hinged on one side only with approved riveted pin or rod with nuts and cotters. Openings in wall of housing must be equipped with screw plugs or other closures." 49:49:3.1.1.1.2.3.1.11,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,"§ 179.100-13 Venting, loading and unloading valves, measuring and sampling devices.",PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21345, Nov. 6, 1971; Amdt. 179-40, 52 FR 13046, Apr. 20, 1987; Amdt. 179-42, 54 FR 38798, Sept. 20, 1989; 65 FR 58632, Sept. 29, 2000; 68 FR 48571, Aug. 14, 2003; 68 FR 75760, Dec. 31, 2003]","(a) Venting, loading and unloading valves must be of approved design, made of metal not subject to rapid deterioration by the lading, and must withstand the tank test pressure without leakage. The valves shall be bolted to seatings on the manway cover, except as provided in § 179.103. Valve outlets shall be closed with approved screw plugs or other closures fastened to prevent misplacement. (b) The interior pipes of the loading and unloading valves shall be anchored and, except as prescribed in §§ 173.314(j), 179.102 or 179.103, may be equipped with excess flow valves of approved design. (c) Gauging device, sampling valve and thermometer well are not specification requirements. When used, they shall be of approved design, made of metal not subject to rapid deterioration by the lading, and shall withstand the tank test pressure without leakage. Interior pipes of the gauging device and sampling valve, except as prescribed in §§ 173.314(j), 179.102 or 179.103, may be equipped with excess flow valves of approved design. Interior pipe of the thermometer well shall be anchored in an approved manner to prevent breakage due to vibration. The thermometer well shall be closed by an approved valve attached close to the manway cover, or other approved location, and closed by a screw plug. Other approved arrangements that permit testing thermometer well for leaks without complete removal of the closure may be used. (d) An excess flow valve as referred to in this specification, is a device which closes automatically against the outward flow of the contents of the tank in case the external closure valve is broken off or removed during transit. Excess flow valves may be designed with a by-pass to allow the equalization of pressures. (e) Bottom of tank shell may be equipped with a sump or siphon bowl, or both, welded or pressed into the shell. Such sumps or siphon bowls, if applied, are not limited in size and must be made of cast, forged or fabricated metal. Each sump or siphon bowl must be of good welding quality in conjunction with the metal of the tank shell. When the sump or siphon bowl is pressed in the bottom of the tank shell, the wall thickness of the pressed section must not be less than that specified for the shell. The section of a circular cross section tank to which a sump or siphon bowl is attached need not comply with the out-of-roundness requirement specified in AAR Specifications for Tank Cars, appendix W, W14.06 (IBR, see § 171.7 of this subchapter). Any portion of a sump or siphon bowl not forming a part of cylinder of revolution must have walls of such thickness and be so reinforced that the stresses in the walls caused by a given internal pressure are no greater than the circumferential stress that would exist under the same internal pressure in the wall of a tank of circular cross section designed in accordance with § 179.100-6(a), but in no case shall the wall thickness be less than that specified in § 179.101-1." 49:49:3.1.1.1.2.3.1.12,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.100-14 Bottom outlets.,PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21345, Nov. 6, 1971; Amdt. 179-40, 52 FR 13046, Apr. 20, 1987; 66 FR 45186, Aug. 28, 2001; 68 FR 75760, Dec. 31, 2003]","(a) Bottom outlets for discharge of lading is prohibited, except as provided in § 179.103-3. If indicated in § 179.101, tank may be equipped with a bottom washout of approved construction. If applied, bottom washout shall be in accordance with the following requirements; (1) The extreme projection of the bottom washout equipment may not be more than that allowed by appendix E of the AAR Specifications for Tank Cars (IBR, see § 171.7 of this subchapter). (2) Bottom washout shall be of cast, forged or fabricated metal and shall be fusion-welded to the tank. It shall be of good weldable quality in conjunction with metal of tank. (3) If the bottom washout nozzle extends 6 inches or more from shell of tank, a V-shaped breakage groove shall be cut (not cast) in the upper part of the outlet nozzle at a point immediately below the lowest part of the inside closure seat or plug. In no case may the nozzle wall thickness at the root of the “V” be more than 1/4 -inch. Where the nozzle is not a single piece, provision shall be made for the equivalent of the breakage groove. The nozzle must be of a thickness to insure that accidental breakage will occur at or below the “V” groove or its equivalent. On cars without continuous center sills, the breakage groove or its equivalent may not be more than 15 inches below the tank shell. On cars with continuous center sills, the breakage groove or its equivalent must be above the bottom of the center sill construction. (4) The closure plug and seat shall be readily accessible or removable for repairs. (5) The closure of the washout nozzle must be equipped with a 3/4 -inch solid screw plug. Plug must be attached by at least a 1/4 -inch chain. (6) Joints between closures and their seats may be gasketed with suitable material. (b) [Reserved]" 49:49:3.1.1.1.2.3.1.13,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.100-16 Attachments.,PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21346, Nov. 6, 1971]","(a) Reinforcing pads must be used between external brackets and shells if the attachment welds exceed 6 linear inches of 1/4 -inch fillet or equivalent weld per bracket or bracket leg. When reinforcing pads are used, they must not be less than one-fourth inch in thickness, have each corner rounded to a 1-inch minimum radius, and be attached to the tank by continuous fillet welds except for venting provisions. The ultimate shear strength of the bracket-to-reinforcing pad weld must not exceed 85 percent of the ultimate shear strength of the reinforcing pad-to-tank weld. (b) Attachments not otherwise specified shall be applied by approved means." 49:49:3.1.1.1.2.3.1.14,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.100-17 Closures for openings.,PHMSA,,,,"(a) Closures shall be of approved design and made of metal not subject to rapid deterioration by the lading. Plugs, if used, shall be solid, with NPT threads, and shall be of a length which will screw at least six threads inside the face of fitting or tank. (b) [Reserved]" 49:49:3.1.1.1.2.3.1.15,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.100-18 Tests of tanks.,PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967; 66 FR 45186, Aug. 28, 2001; 68 FR 75760, Dec. 31, 2003]","(a) Each tank shall be tested by completely filling tank and manway nozzle with water or other liquid having similar viscosity, at a temperature which shall not exceed 100 °F during the test; and applying the pressure prescribed in § 179.101. The tank shall hold the prescribed pressure for at least 10 minutes without leakage or evidence of distress. (b) Insulated tanks shall be tested before insulation is applied. (c) Caulking of welded joints to stop leaks developed during the foregoing test is prohibited. Repairs in welded joints shall be made as prescribed in AAR Specifications for Tank Cars, appendix W (IBR, see § 171.7 of this subchapter). (d) Testing of exterior heaters is not a specification requirement." 49:49:3.1.1.1.2.3.1.16,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.100-19 Tests of safety relief valves.,PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, as amended at 62 FR 51561, Oct. 1, 1997]","(a) Each valve shall be tested by air or gas for compliance with § 179.15 before being put into service. (b) [Reserved]" 49:49:3.1.1.1.2.3.1.17,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.100-20 Stamping.,PHMSA,,,"[29 FR 18995, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 179-10, 36 FR 21346, Nov. 6, 1971; Amdt. 179-52, 61 FR 28679, June 5, 1996; 65 FR 50463, Aug. 18, 2000; 77 FR 37985, June 25, 2012]","(a) To certify that the tank complies with all specification requirements, each tank shall be plainly and permanently stamped in letters and figures at least 3/8 inch high into the metal near the center of both outside heads as follows: (b) After July 25, 2012, newly constructed DOT tank cars must have their DOT specification and other required information stamped plainly and permanently on stainless steel identification plates in conformance with the applicable requirements prescribed in § 179.24(a). Tank cars built before July 25, 2012, may have the identification plates instead of or in addition to the head stamping." 49:49:3.1.1.1.2.3.1.18,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.101 Individual specification requirements applicable to pressure tank car tanks.,PHMSA,,,, 49:49:3.1.1.1.2.3.1.19,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.101-1 Individual specification requirements.,PHMSA,,,"[Amdt. 179-52, 61 FR 28679, June 5, 1996, as amended at 66 FR 45390, Aug. 28, 2001; 68 FR 75760, Dec. 31, 2003]","In addition to § 179.100, the individual specification requirements are as follows: 1 When steel of 65,000 to 81,000 p.s.i. minimum tensile strength is used, the thickness of plates shall be not less than 5/8 inch, and when steel of 81,000 p.s.i. minimum tensile strength is used, the minimum thickness of plate shall be not less than 9/16 inch. 2 When approved material other than aluminum alloys are used, the thickness shall be not less than 2 1/4 inches. 3 When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than 1/2 inch. 4 Tank cars not equipped with a thermal protection or an insulation system used for the transportation of a Class 2 (compressed gas) material must have at least the upper two-thirds of the exterior of the tank, including manway nozzle and all appurtenances in contact with this area, finished with a reflective coat of white paint. 5 For inside diameter of 87 inches or less, the thickness of plates shall be not less than 1/2 inch. 6 See AAR Specifications for Tank Cars, appendix E, E4.01 (IBR, see § 171.7 of this subchapter), and § 179.103-2. 7 When the use of nickel is required by the lading, the thickness shall not be less than two inches." 49:49:3.1.1.1.2.3.1.2,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,"§ 179.100-1 Tanks built under these specifications shall comply with the requirements of §§ 179.100, 179.101 and when applicable, §§ 179.102 and 179.103.",PHMSA,,,, 49:49:3.1.1.1.2.3.1.20,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.102 Special commodity requirements for pressure tank car tanks.,PHMSA,,,,"(a) In addition to §§ 179.100 and 179.101 the following requirements are applicable: (b) [Reserved]" 49:49:3.1.1.1.2.3.1.21,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,"§ 179.102-1 Carbon dioxide, refrigerated liquid.",PHMSA,,,"[29 FR 18995, Dec. 29, 1964]","(a) Tank cars used to transport carbon dioxide, refrigerated liquid must comply with the following special requirements: (1) All plates for tank, manway nozzle and anchorage of tanks must be made of carbon steel conforming to ASTM A 516/A 516M (IBR, see § 171.7 of this subchapter), Grades 55, 60, 65, or 70, or AAR Specification TC 128-78, Grade B. The ASTM A 516/A 516M plate must also meet the Charpy V-Notch test requirements of ASTM A 20/A 20M (see table 16) (IBR, see § 171.7 of this subchapter) in the longitudinal direction of rolling. The TC 128 plate must also meet the Charpy V-Notch energy absorption requirements of 15 ft.-lb. minimum average for 3 specimens, and 10 ft.-lb. minimum for one specimen, at minus 50 °F in the longitudinal direction of rolling in accord with ASTM A 370 (IBR, see § 171.7 of this subchapter). Production-welded test plates prepared as required by W4.00 of AAR Specifications for Tank Cars, appendix W (IBR, see § 171.7 of this subchapter), must include impact test specimens of weld metal and heat-affected zone. As an alternate, anchor legs may be fabricated of stainless steel, ASTM A 240/A 240M Types 304, 304L, 316 or 316L, for which impact tests are not required. (2)-(6) [Reserved] (b) [Reserved]" 49:49:3.1.1.1.2.3.1.22,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.102-2 Chlorine.,PHMSA,,,"[Amdt. 179-7, 36 FR 14697, Aug. 10, 1971; Amdt. 179-10, 36 FR 21346, Nov. 6, 1971, as amended by Amdt. 179-25, 44 FR 20433, Apr. 5, 1979; Amdt. 179-40, 52 FR 13046, Apr. 20, 1987; Amdt. 179-45, 55 FR 52728, Dec. 21, 1990; Amdt. 179-52, 61 FR 28680, June 5, 1996; 68 FR 75760, Dec. 31, 2003]","(a) Each tank car used to transport chlorine must comply with all of the following: (1) Tanks must be fabricated from carbon steel complying with ASTM Specification A 516 (IBR, see § 171.7 of this subchapter), Grade 70, or AAR Specification TC 128, Grade A or B. (2)-(3) [Reserved] (b) [Reserved]" 49:49:3.1.1.1.2.3.1.23,49,Transportation,I,C,179,PART 179—SPECIFICATIONS FOR TANK CARS,C,"Subpart C—Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114 and 120)",,§ 179.102-3 Materials poisonous by inhalation.,PHMSA,,,"[74 FR 1802, Jan. 13, 2009]","(a) Each tank car built after March 16, 2009 for the transportation of a material poisonous by inhalation must, in addition to the requirements prescribed in § 179.100-12(c), enclose the service equipment within a protective housing and cover. (1) Tank cars must be equipped with a top fitting protection system and nozzle capable of sustaining, without failure, a rollover accident at a speed of 9 miles per hour, in which the rolling protective housing strikes a stationary surface assumed to be flat, level and rigid and the speed is determined as a linear velocity, measured at the geometric center of the loaded tank car as a transverse vector. Failure is deemed to occur when the deformed protective housing contacts any of the service equipment or when the tank retention capability is compromised. (2) As an alternative to the tank car top fitting protection system requirements in paragraph (a)(1) of this section, the tank car may be equipped with a system that prevents the release of product from any top fitting in the case of an accident where any top fitting would be sheared off. The tank nozzle must meet the performance standard in paragraph (a)(1) of this section and only mechanically operated excess flow devices are authorized. (b) An application for approval of a tank car built in accordance with § 173.244(a)(3) or § 173.314(d) must include a demonstration, through engineering analysis, that the tank jacket and support structure system, including any anchors and support devices, is capable of withstanding a 6 mile per hour coupling without jacket shift such that results in damage to the nozzle."