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 10:10:2.0.1.1.4.0.62.1,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.1 Purpose.,NRC,,,"[72 FR 49560, Aug. 28, 2007]","This part governs the issuance of renewed operating licenses and renewed combined licenses for nuclear power plants licensed pursuant to Sections 103 or 104b of the Atomic Energy Act of 1954, as amended, and Title II of the Energy Reorganization Act of 1974 (88 Stat. 1242)." 10:10:2.0.1.1.4.0.62.10,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.17 Filing of application.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 62 FR 17690, Apr. 11, 1997; 72 FR 49560, Aug. 28, 2007; 89 FR 57721, July 16, 2024]","(a) The filing of an application for a renewed license must be in accordance with subpart A of 10 CFR part 2 and 10 CFR 50.4 and 50.30. (b) Any person who is a citizen, national, or agent of a foreign country, or any corporation, or other entity which the Commission knows or has reason to know is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government, is ineligible to apply for and obtain a renewed license. (c) An application for a renewed license may not be submitted to the Commission earlier than 20 years before the expiration of the operating license or combined license currently in effect. (d) An applicant may combine an application for a renewed license with applications for other kinds of licenses. (e) An application may incorporate by reference information contained in previous applications for licenses or license amendments, statements, correspondence, or reports filed with the Commission, provided that the references are clear and specific. (f) If the application contains Restricted Data or classified National Security Information, it must be prepared in such a manner that all Restricted Data and classified National Security Information are separated from unclassified information in accordance with 10 CFR 50.33(j). (g) As part of its application, and in any event before the receipt of Restricted Data or classified National Security Information or the issuance of a renewed license, the applicant shall agree in writing that it will not permit any individual to have access to or any facility to possess Restricted Data or classified National Security Information until the individual and/or facility has been approved for such access under the provisions of 10 CFR parts 25 and/or 95. The agreement of the applicant in this regard shall be deemed part of the renewed license, whether so stated therein or not." 10:10:2.0.1.1.4.0.62.11,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.19 Contents of application—general information.,NRC,,,,"(a) Each application must provide the information specified in 10 CFR 50.33 (a) through (e), (h), and (i). Alternatively, the application may incorporate by reference other documents that provide the information required by this section. (b) Each application must include conforming changes to the standard indemnity agreement, 10 CFR 140.92, Appendix B, to account for the expiration term of the proposed renewed license." 10:10:2.0.1.1.4.0.62.12,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.21 Contents of application—technical information.,NRC,,,,"Each application must contain the following information: (a) An integrated plant assessment (IPA). The IPA must— (1) For those systems, structures, and components within the scope of this part, as delineated in § 54.4, identify and list those structures and components subject to an aging management review. Structures and components subject to an aging management review shall encompass those structures and components— (i) That perform an intended function, as described in § 54.4, without moving parts or without a change in configuration or properties. These structures and components include, but are not limited to, the reactor vessel, the reactor coolant system pressure boundary, steam generators, the pressurizer, piping, pump casings, valve bodies, the core shroud, component supports, pressure retaining boundaries, heat exchangers, ventilation ducts, the containment, the containment liner, electrical and mechanical penetrations, equipment hatches, seismic Category I structures, electrical cables and connections, cable trays, and electrical cabinets, excluding, but not limited to, pumps (except casing), valves (except body), motors, diesel generators, air compressors, snubbers, the control rod drive, ventilation dampers, pressure transmitters, pressure indicators, water level indicators, switchgears, cooling fans, transistors, batteries, breakers, relays, switches, power inverters, circuit boards, battery chargers, and power supplies; and (ii) That are not subject to replacement based on a qualified life or specified time period. (2) Describe and justify the methods used in paragraph (a)(1) of this section. (3) For each structure and component identified in paragraph (a)(1) of this section, demonstrate that the effects of aging will be adequately managed so that the intended function(s) will be maintained consistent with the CLB for the period of extended operation. (b) CLB changes during NRC review of the application. Each year following submittal of the license renewal application and at least 3 months before scheduled completion of the NRC review, an amendment to the renewal application must be submitted that identifies any change to the CLB of the facility that materially affects the contents of the license renewal application, including the FSAR supplement. (c) An evaluation of time-limited aging analyses. (1) A list of time-limited aging analyses, as defined in § 54.3, must be provided. The applicant shall demonstrate that— (i) The analyses remain valid for the period of extended operation; (ii) The analyses have been projected to the end of the period of extended operation; or (iii) The effects of aging on the intended function(s) will be adequately managed for the period of extended operation. (2) A list must be provided of plant-specific exemptions granted pursuant to 10 CFR 50.12 and in effect that are based on time-limited aging analyses as defined in § 54.3. The applicant shall provide an evaluation that justifies the continuation of these exemptions for the period of extended operation. (d) An FSAR supplement. The FSAR supplement for the facility must contain a summary description of the programs and activities for managing the effects of aging and the evaluation of time-limited aging analyses for the period of extended operation determined by paragraphs (a) and (c) of this section, respectively." 10:10:2.0.1.1.4.0.62.13,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.22 Contents of application—technical specifications.,NRC,,,,Each application must include any technical specification changes or additions necessary to manage the effects of aging during the period of extended operation as part of the renewal application. The justification for changes or additions to the technical specifications must be contained in the license renewal application. 10:10:2.0.1.1.4.0.62.14,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.23 Contents of application—environmental information.,NRC,,,,Each application must include a supplement to the environmental report that complies with the requirements of subpart A of 10 CFR part 51. 10:10:2.0.1.1.4.0.62.15,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.25 Report of the Advisory Committee on Reactor Safeguards.,NRC,,,,"Each renewal application will be referred to the Advisory Committee on Reactor Safeguards for a review and report. Any report will be made part of the record of the application and made available to the public, except to the extent that security classification prevents disclosure." 10:10:2.0.1.1.4.0.62.16,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.27 Hearings.,NRC,,,"[77 FR 46600, Aug. 3, 2012]","A notice of an opportunity for a hearing will be published in the Federal Register in accordance with 10 CFR 2.105 and 2.309. In the absence of a request for a hearing filed within 60 days by a person whose interest may be affected, the Commission may issue a renewed operating license or renewed combined license without a hearing upon a 30-day notice and publication in the Federal Register of its intent to do so." 10:10:2.0.1.1.4.0.62.17,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.29 Standards for issuance of a renewed license.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 69 FR 2279, Jan. 14, 2004]","A renewed license may be issued by the Commission up to the full term authorized by § 54.31 if the Commission finds that: (a) Actions have been identified and have been or will be taken with respect to the matters identified in paragraphs (a)(1) and (a)(2) of this section, such that there is reasonable assurance that the activities authorized by the renewed license will continue to be conducted in accordance with the CLB, and that any changes made to the plant's CLB in order to comply with this paragraph are in accord with the Act and the Commission's regulations. These matters are: (1) managing the effects of aging during the period of extended operation on the functionality of structures and components that have been identified to require review under § 54.21(a)(1); and (2) time-limited aging analyses that have been identified to require review under § 54.21(c). (b) Any applicable requirements of subpart A of 10 CFR part 51 have been satisfied. (c) Any matters raised under § 2.335 have been addressed." 10:10:2.0.1.1.4.0.62.18,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.30 Matters not subject to a renewal review.,NRC,,,,"(a) If the reviews required by § 54.21 (a) or (c) show that there is not reasonable assurance during the current license term that licensed activities will be conducted in accordance with the CLB, then the licensee shall take measures under its current license, as appropriate, to ensure that the intended function of those systems, structures or components will be maintained in accordance with the CLB throughout the term of its current license. (b) The licensee's compliance with the obligation under Paragraph (a) of this section to take measures under its current license is not within the scope of the license renewal review." 10:10:2.0.1.1.4.0.62.19,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.31 Issuance of a renewed license.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 72 FR 49560, Aug. 28, 2007]","(a) A renewed license will be of the class for which the operating license or combined license currently in effect was issued. (b) A renewed license will be issued for a fixed period of time, which is the sum of the additional amount of time beyond the expiration of the operating license or combined license (not to exceed 20 years) that is requested in a renewal application plus the remaining number of years on the operating license or combined license currently in effect. The term of any renewed license may not exceed 40 years. (c) A renewed license will become effective immediately upon its issuance, thereby superseding the operating license or combined license previously in effect. If a renewed license is subsequently set aside upon further administrative or judicial appeal, the operating license or combined license previously in effect will be reinstated unless its term has expired and the renewal application was not filed in a timely manner. (d) A renewed license may be subsequently renewed in accordance with all applicable requirements." 10:10:2.0.1.1.4.0.62.2,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.3 Definitions.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 72 FR 49560, Aug. 28, 2007]","(a) As used in this part, Current licensing basis (CLB) is the set of NRC requirements applicable to a specific plant and a licensee's written commitments for ensuring compliance with and operation within applicable NRC requirements and the plant-specific design basis (including all modifications and additions to such commitments over the life of the license) that are docketed and in effect. The CLB includes the NRC regulations contained in 10 CFR parts 2, 19, 20, 21, 26, 30, 40, 50, 51, 52, 54, 55, 70, 72, 73, 100 and appendices thereto; orders; license conditions; exemptions; and technical specifications. It also includes the plant-specific design-basis information defined in 10 CFR 50.2 as documented in the most recent final safety analysis report (FSAR) as required by 10 CFR 50.71 and the licensee's commitments remaining in effect that were made in docketed licensing correspondence such as licensee responses to NRC bulletins, generic letters, and enforcement actions, as well as licensee commitments documented in NRC safety evaluations or licensee event reports. Integrated plant assessment (IPA) is a licensee assessment that demonstrates that a nuclear power plant facility's structures and components requiring aging management review in accordance with § 54.21(a) for license renewal have been identified and that the effects of aging on the functionality of such structures and components will be managed to maintain the CLB such that there is an acceptable level of safety during the period of extended operation. Nuclear power plant means a nuclear power facility of a type described in 10 CFR 50.21(b) or 50.22. Renewed combined license means a combined license originally issued under part 52 of this chapter for which an application for renewal is filed in accordance with 10 CFR 52.107 and issued under this part. Time-limited aging analyses, for the purposes of this part, are those licensee calculations and analyses that: (1) Involve systems, structures, and components within the scope of license renewal, as delineated in § 54.4(a); (2) Consider the effects of aging; (3) Involve time-limited assumptions defined by the current operating term, for example, 40 years; (4) Were determined to be relevant by the licensee in making a safety determination; (5) Involve conclusions or provide the basis for conclusions related to the capability of the system, structure, and component to perform its intended functions, as delineated in § 54.4(b); and (6) Are contained or incorporated by reference in the CLB. (b) All other terms in this part have the same meanings as set out in 10 CFR 50.2 or Section 11 of the Atomic Energy Act, as applicable." 10:10:2.0.1.1.4.0.62.20,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.33 Continuation of CLB and conditions of renewed license.,NRC,,,,"(a) Whether stated therein or not, each renewed license will contain and otherwise be subject to the conditions set forth in 10 CFR 50.54. (b) Each renewed license will be issued in such form and contain such conditions and limitations, including technical specifications, as the Commission deems appropriate and necessary to help ensure that systems, structures, and components subject to review in accordance with § 54.21 will continue to perform their intended functions for the period of extended operation. In addition, the renewed license will be issued in such form and contain such conditions and limitations as the Commission deems appropriate and necessary to help ensure that systems, structures, and components associated with any time-limited aging analyses will continue to perform their intended functions for the period of extended operation. (c) Each renewed license will include those conditions to protect the environment that were imposed pursuant to 10 CFR 50.36b and that are part of the CLB for the facility at the time of issuance of the renewed license. These conditions may be supplemented or amended as necessary to protect the environment during the term of the renewed license and will be derived from information contained in the supplement to the environmental report submitted pursuant to 10 CFR part 51, as analyzed and evaluated in the NRC record of decision. The conditions will identify the obligations of the licensee in the environmental area, including, as appropriate, requirements for reporting and recordkeeping of environmental data and any conditions and monitoring requirements for the protection of the nonaquatic environment. (d) The licensing basis for the renewed license includes the CLB, as defined in § 54.3(a); the inclusion in the licensing basis of matters such as licensee commitments does not change the legal status of those matters unless specifically so ordered pursuant to paragraphs (b) or (c) of this section." 10:10:2.0.1.1.4.0.62.21,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.35 Requirements during term of renewed license.,NRC,,,"[72 FR 49560, Aug. 28, 2007]","During the term of a renewed license, licensees shall be subject to and shall continue to comply with all Commission regulations contained in 10 CFR parts 2, 19, 20, 21, 26, 30, 40, 50, 51, 52, 54, 55, 70, 72, 73, and 100, and the appendices to these parts that are applicable to holders of operating licenses or combined licenses, respectively." 10:10:2.0.1.1.4.0.62.22,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.37 Additional records and recordkeeping requirements.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 72 FR 49560, Aug. 28, 2007]","(a) The licensee shall retain in an auditable and retrievable form for the term of the renewed operating license or renewed combined license all information and documentation required by, or otherwise necessary to document compliance with, the provisions of this part. (b) After the renewed license is issued, the FSAR update required by 10 CFR 50.71(e) must include any systems, structures, and components newly identified that would have been subject to an aging management review or evaluation of time-limited aging analyses in accordance with § 54.21. This FSAR update must describe how the effects of aging will be managed such that the intended function(s) in § 54.4(b) will be effectively maintained during the period of extended operation." 10:10:2.0.1.1.4.0.62.23,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.41 Violations.,NRC,,,,"(a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of the following acts— (1) The Atomic Energy Act of 1954, as amended. (2) Title II of the Energy Reorganization Act of 1974, as amended or (3) A regulation or order issued pursuant to those acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under Section 234 of the Atomic Energy Act— (1) For violations of the following— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under Section 186 of the Atomic Energy Act of 1954, as amended." 10:10:2.0.1.1.4.0.62.24,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.43 Criminal penalties.,NRC,,,,"(a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violations of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 54 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 54 that are not issued under Sections 161b, 161i, or 161o for the purposes of Section 223 are as follows: §§ 54.1, 54.3, 54.4, 54.5, 54.7, 54.9, 54.11, 54.15, 54.17, 54.19, 54.21, 54.22, 54.23, 54.25, 54.27, 54.29, 54.31, 54.41, and 54.43." 10:10:2.0.1.1.4.0.62.3,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.4 Scope.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 61 FR 65175, Dec. 11, 1996; 64 FR 72002, Dec. 23, 1999]","(a) Plant systems, structures, and components within the scope of this part are— (1) Safety-related systems, structures, and components which are those relied upon to remain functional during and following design-basis events (as defined in 10 CFR 50.49 (b)(1)) to ensure the following functions— (i) The integrity of the reactor coolant pressure boundary; (ii) The capability to shut down the reactor and maintain it in a safe shutdown condition; or (iii) The capability to prevent or mitigate the consequences of accidents which could result in potential offsite exposures comparable to those referred to in § 50.34(a)(1), § 50.67(b)(2), or § 100.11 of this chapter, as applicable. (2) All nonsafety-related systems, structures, and components whose failure could prevent satisfactory accomplishment of any of the functions identified in paragraphs (a)(1) (i), (ii), or (iii) of this section. (3) All systems, structures, and components relied on in safety analyses or plant evaluations to perform a function that demonstrates compliance with the Commission's regulations for fire protection (10 CFR 50.48), environmental qualification (10 CFR 50.49), pressurized thermal shock (10 CFR 50.61), anticipated transients without scram (10 CFR 50.62), and station blackout (10 CFR 50.63). (b) The intended functions that these systems, structures, and components must be shown to fulfill in § 54.21 are those functions that are the bases for including them within the scope of license renewal as specified in paragraphs (a) (1)-(3) of this section." 10:10:2.0.1.1.4.0.62.4,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.5 Interpretations.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 90 FR 55631, Dec. 3, 2025]","Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly." 10:10:2.0.1.1.4.0.62.5,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.7 Written communications.,NRC,,,,"All applications, correspondence, reports, and other written communications shall be filed in accordance with applicable portions of 10 CFR 50.4." 10:10:2.0.1.1.4.0.62.6,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.9 Information collection requirements: OMB approval.,NRC,,,"[60 FR 22491, May 8, 1995, as amended at 62 FR 52188, Oct. 6, 1997; 67 FR 67100, Nov. 4, 2002]","(a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501, et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0155. (b) The approved information requirements contained in this part appear in §§ 54.13, 54.15, 54.17, 54.19, 54.21, 54.22, 54.23, 54.33, and 54.37." 10:10:2.0.1.1.4.0.62.7,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.11 Public inspection of applications.,NRC,,,,Applications and documents submitted to the Commission in connection with renewal applications may be made available for public inspection in accordance with the provisions of the regulations contained in 10 CFR part 2. 10:10:2.0.1.1.4.0.62.8,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.13 Completeness and accuracy of information.,NRC,,,,"(a) Information provided to the Commission by an applicant for a renewed license or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant must be complete and accurate in all material respects. (b) Each applicant shall notify the Commission of information identified by the applicant as having, for the regulated activity, a significant implication for public health and safety or common defense and security. An applicant violates this paragraph only if the applicant fails to notify the Commission of information that the applicant has identified as having a significant implication for public health and safety or common defense and security. Notification must be provided to the Administrator of the appropriate regional office within 2 working days of identifying the information. This requirement is not applicable to information that is already required to be provided to the Commission by other reporting or updating requirements." 10:10:2.0.1.1.4.0.62.9,10,Energy,I,,54,PART 54—REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR POWER PLANTS,,,,§ 54.15 Specific exemptions.,NRC,,,,Exemptions from the requirements of this part may be granted by the Commission in accordance with 10 CFR 50.12. 21:21:1.0.1.1.21.0.98.1,21,Food and Drugs,I,A,54,PART 54—FINANCIAL DISCLOSURE BY CLINICAL INVESTIGATORS,,,,§ 54.1 Purpose.,FDA,,,,"(a) The Food and Drug Administration (FDA) evaluates clinical studies submitted in marketing applications, required by law, for new human drugs and biological products and marketing applications and reclassification petitions for medical devices. (b) The agency reviews data generated in these clinical studies to determine whether the applications are approvable under the statutory requirements. FDA may consider clinical studies inadequate and the data inadequate if, among other things, appropriate steps have not been taken in the design, conduct, reporting, and analysis of the studies to minimize bias. One potential source of bias in clinical studies is a financial interest of the clinical investigator in the outcome of the study because of the way payment is arranged (e.g., a royalty) or because the investigator has a proprietary interest in the product (e.g., a patent) or because the investigator has an equity interest in the sponsor of the covered study. This section and conforming regulations require an applicant whose submission relies in part on clinical data to disclose certain financial arrangements between sponsor(s) of the covered studies and the clinical investigators and certain interests of the clinical investigators in the product under study or in the sponsor of the covered studies. FDA will use this information, in conjunction with information about the design and purpose of the study, as well as information obtained through on-site inspections, in the agency's assessment of the reliability of the data." 21:21:1.0.1.1.21.0.98.2,21,Food and Drugs,I,A,54,PART 54—FINANCIAL DISCLOSURE BY CLINICAL INVESTIGATORS,,,,§ 54.2 Definitions.,FDA,,,"[63 FR 5250, Feb. 2, 1998, as amended at 63 FR 72181, Dec. 31, 1998]","For the purposes of this part: (a) Compensation affected by the outcome of clinical studies means compensation that could be higher for a favorable outcome than for an unfavorable outcome, such as compensation that is explicitly greater for a favorable result or compensation to the investigator in the form of an equity interest in the sponsor of a covered study or in the form of compensation tied to sales of the product, such as a royalty interest. (b) Significant equity interest in the sponsor of a covered study means any ownership interest, stock options, or other financial interest whose value cannot be readily determined through reference to public prices (generally, interests in a nonpublicly traded corporation), or any equity interest in a publicly traded corporation that exceeds $50,000 during the time the clinical investigator is carrying out the study and for 1 year following completion of the study. (c) Proprietary interest in the tested product means property or other financial interest in the product including, but not limited to, a patent, trademark, copyright or licensing agreement. (d) Clinical investigator means only a listed or identified investigator or subinvestigator who is directly involved in the treatment or evaluation of research subjects. The term also includes the spouse and each dependent child of the investigator. (e) Covered clinical study means any study of a drug or device in humans submitted in a marketing application or reclassification petition subject to this part that the applicant or FDA relies on to establish that the product is effective (including studies that show equivalence to an effective product) or any study in which a single investigator makes a significant contribution to the demonstration of safety. This would, in general, not include phase l tolerance studies or pharmacokinetic studies, most clinical pharmacology studies (unless they are critical to an efficacy determination), large open safety studies conducted at multiple sites, treatment protocols, and parallel track protocols. An applicant may consult with FDA as to which clinical studies constitute “covered clinical studies” for purposes of complying with financial disclosure requirements. (f) Significant payments of other sorts means payments made by the sponsor of a covered study to the investigator or the institution to support activities of the investigator that have a monetary value of more than $25,000, exclusive of the costs of conducting the clinical study or other clinical studies, (e.g., a grant to fund ongoing research, compensation in the form of equipment or retainers for ongoing consultation or honoraria) during the time the clinical investigator is carrying out the study and for 1 year following the completion of the study. (g) Applicant means the party who submits a marketing application to FDA for approval of a drug, device, or biologic product. The applicant is responsible for submitting the appropriate certification and disclosure statements required in this part. (h) Sponsor of the covered clinical study means the party supporting a particular study at the time it was carried out." 21:21:1.0.1.1.21.0.98.3,21,Food and Drugs,I,A,54,PART 54—FINANCIAL DISCLOSURE BY CLINICAL INVESTIGATORS,,,,§ 54.3 Scope.,FDA,,,,"The requirements in this part apply to any applicant who submits a marketing application for a human drug, biological product, or device and who submits covered clinical studies. The applicant is responsible for making the appropriate certification or disclosure statement where the applicant either contracted with one or more clinical investigators to conduct the studies or submitted studies conducted by others not under contract to the applicant." 21:21:1.0.1.1.21.0.98.4,21,Food and Drugs,I,A,54,PART 54—FINANCIAL DISCLOSURE BY CLINICAL INVESTIGATORS,,,,§ 54.4 Certification and disclosure requirements.,FDA,,,"[63 FR 5250, Feb. 2, 1998; 63 FR 35134, June 29, 1998, as amended at 64 FR 399, Jan. 5, 1999]","For purposes of this part, an applicant must submit a list of all clinical investigators who conducted covered clinical studies to determine whether the applicant's product meets FDA's marketing requirements, identifying those clinical investigators who are full-time or part-time employees of the sponsor of each covered study. The applicant must also completely and accurately disclose or certify information concerning the financial interests of a clinical investigator who is not a full-time or part-time employee of the sponsor for each covered clinical study. Clinical investigators subject to investigational new drug or investigational device exemption regulations must provide the sponsor of the study with sufficient accurate information needed to allow subsequent disclosure or certification. The applicant is required to submit for each clinical investigator who participates in a covered study, either a certification that none of the financial arrangements described in § 54.2 exist, or disclose the nature of those arrangements to the agency. Where the applicant acts with due diligence to obtain the information required in this section but is unable to do so, the applicant shall certify that despite the applicant's due diligence in attempting to obtain the information, the applicant was unable to obtain the information and shall include the reason. (a) The applicant (of an application submitted under sections 505, 506, 510(k), 513, or 515 of the Federal Food, Drug, and Cosmetic Act, or section 351 of the Public Health Service Act) that relies in whole or in part on clinical studies shall submit, for each clinical investigator who participated in a covered clinical study, either a certification described in paragraph (a)(1) of this section or a disclosure statement described in paragraph (a)(3) of this section. (1) Certification: The applicant covered by this section shall submit for all clinical investigators (as defined in § 54.2(d)), to whom the certification applies, a completed Form FDA 3454 attesting to the absence of financial interests and arrangements described in paragraph (a)(3) of this section. The form shall be dated and signed by the chief financial officer or other responsible corporate official or representative. (2) If the certification covers less than all covered clinical data in the application, the applicant shall include in the certification a list of the studies covered by this certification. (3) Disclosure Statement: For any clinical investigator defined in § 54.2(d) for whom the applicant does not submit the certification described in paragraph (a)(1) of this section, the applicant shall submit a completed Form FDA 3455 disclosing completely and accurately the following: (i) Any financial arrangement entered into between the sponsor of the covered study and the clinical investigator involved in the conduct of a covered clinical trial, whereby the value of the compensation to the clinical investigator for conducting the study could be influenced by the outcome of the study; (ii) Any significant payments of other sorts from the sponsor of the covered study, such as a grant to fund ongoing research, compensation in the form of equipment, retainer for ongoing consultation, or honoraria; (iii) Any proprietary interest in the tested product held by any clinical investigator involved in a study; (iv) Any significant equity interest in the sponsor of the covered study held by any clinical investigator involved in any clinical study; and (v) Any steps taken to minimize the potential for bias resulting from any of the disclosed arrangements, interests, or payments. (b) The clinical investigator shall provide to the sponsor of the covered study sufficient accurate financial information to allow the sponsor to submit complete and accurate certification or disclosure statements as required in paragraph (a) of this section. The investigator shall promptly update this information if any relevant changes occur in the course of the investigation or for 1 year following completion of the study. (c) Refusal to file application. FDA may refuse to file any marketing application described in paragraph (a) of this section that does not contain the information required by this section or a certification by the applicant that the applicant has acted with due diligence to obtain the information but was unable to do so and stating the reason." 21:21:1.0.1.1.21.0.98.5,21,Food and Drugs,I,A,54,PART 54—FINANCIAL DISCLOSURE BY CLINICAL INVESTIGATORS,,,,§ 54.5 Agency evaluation of financial interests.,FDA,,,,"(a) Evaluation of disclosure statement. FDA will evaluate the information disclosed under § 54.4(a)(2) about each covered clinical study in an application to determine the impact of any disclosed financial interests on the reliability of the study. FDA may consider both the size and nature of a disclosed financial interest (including the potential increase in the value of the interest if the product is approved) and steps that have been taken to minimize the potential for bias. (b) Effect of study design. In assessing the potential of an investigator's financial interests to bias a study, FDA will take into account the design and purpose of the study. Study designs that utilize such approaches as multiple investigators (most of whom do not have a disclosable interest), blinding, objective endpoints, or measurement of endpoints by someone other than the investigator may adequately protect against any bias created by a disclosable financial interest. (c) Agency actions to ensure reliability of data. If FDA determines that the financial interests of any clinical investigator raise a serious question about the integrity of the data, FDA will take any action it deems necessary to ensure the reliability of the data including: (1) Initiating agency audits of the data derived from the clinical investigator in question; (2) Requesting that the applicant submit further analyses of data, e.g., to evaluate the effect of the clinical investigator's data on overall study outcome; (3) Requesting that the applicant conduct additional independent studies to confirm the results of the questioned study; and (4) Refusing to treat the covered clinical study as providing data that can be the basis for an agency action." 21:21:1.0.1.1.21.0.98.6,21,Food and Drugs,I,A,54,PART 54—FINANCIAL DISCLOSURE BY CLINICAL INVESTIGATORS,,,,§ 54.6 Recordkeeping and record retention.,FDA,,,,"(a) Financial records of clinical investigators to be retained. An applicant who has submitted a marketing application containing covered clinical studies shall keep on file certain information pertaining to the financial interests of clinical investigators who conducted studies on which the application relies and who are not full or part-time employees of the applicant, as follows: (1) Complete records showing any financial interest or arrangement as described in § 54.4(a)(3)(i) paid to such clinical investigators by the sponsor of the covered study. (2) Complete records showing significant payments of other sorts, as described in § 54.4(a)(3)(ii), made by the sponsor of the covered clinical study to the clinical investigator. (3) Complete records showing any financial interests held by clinical investigators as set forth in § 54.4(a)(3)(iii) and (a)(3)(iv). (b) Requirements for maintenance of clinical investigators' financial records. (1) For any application submitted for a covered product, an applicant shall retain records as described in paragraph (a) of this section for 2 years after the date of approval of the application. (2) The person maintaining these records shall, upon request from any properly authorized officer or employee of FDA, at reasonable times, permit such officer or employee to have access to and copy and verify these records." 28:28:2.0.1.1.11.1.1.1,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.100 Purpose and effective date.,DOJ,,,,"The purpose of these Title IX regulations is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in these Title IX regulations. The effective date of these Title IX regulations shall be September 29, 2000." 28:28:2.0.1.1.11.1.1.2,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.105 Definitions.,DOJ,,,,"As used in these Title IX regulations, the term: Administratively separate unit means a school, department, or college of an educational institution (other than a local educational agency) admission to which is independent of admission to any other component of such institution. Admission means selection for part-time, full-time, special, associate, transfer, exchange, or any other enrollment, membership, or matriculation in or at an education program or activity operated by a recipient. Applicant means one who submits an application, request, or plan required to be approved by an official of the Federal agency that awards Federal financial assistance, or by a recipient, as a condition to becoming a recipient. Designated agency official means the Assistant Attorney General, Civil Rights Division. Educational institution means a local educational agency (LEA) as defined by 20 U.S.C. 8801(18), a preschool, a private elementary or secondary school, or an applicant or recipient that is an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education, as defined in this section. Federal financial assistance means any of the following, when authorized or extended under a law administered by the Federal agency that awards such assistance: (1) A grant or loan of Federal financial assistance, including funds made available for: (i) The acquisition, construction, renovation, restoration, or repair of a building or facility or any portion thereof; and (ii) Scholarships, loans, grants, wages, or other funds extended to any entity for payment to or on behalf of students admitted to that entity, or extended directly to such students for payment to that entity. (2) A grant of Federal real or personal property or any interest therein, including surplus property, and the proceeds of the sale or transfer of such property, if the Federal share of the fair market value of the property is not, upon such sale or transfer, properly accounted for to the Federal Government. (3) Provision of the services of Federal personnel. (4) Sale or lease of Federal property or any interest therein at nominal consideration, or at consideration reduced for the purpose of assisting the recipient or in recognition of public interest to be served thereby, or permission to use Federal property or any interest therein without consideration. (5) Any other contract, agreement, or arrangement that has as one of its purposes the provision of assistance to any education program or activity, except a contract of insurance or guaranty. Institution of graduate higher education means an institution that: (1) Offers academic study beyond the bachelor of arts or bachelor of science degree, whether or not leading to a certificate of any higher degree in the liberal arts and sciences; (2) Awards any degree in a professional field beyond the first professional degree (regardless of whether the first professional degree in such field is awarded by an institution of undergraduate higher education or professional education); or (3) Awards no degree and offers no further academic study, but operates ordinarily for the purpose of facilitating research by persons who have received the highest graduate degree in any field of study. Institution of professional education means an institution (except any institution of undergraduate higher education) that offers a program of academic study that leads to a first professional degree in a field for which there is a national specialized accrediting agency recognized by the Secretary of Education. Institution of undergraduate higher education means: (1) An institution offering at least two but less than four years of college-level study beyond the high school level, leading to a diploma or an associate degree, or wholly or principally creditable toward a baccalaureate degree; or (2) An institution offering academic study leading to a baccalaureate degree; or (3) An agency or body that certifies credentials or offers degrees, but that may or may not offer academic study. Institution of vocational education means a school or institution (except an institution of professional or graduate or undergraduate higher education) that has as its primary purpose preparation of students to pursue a technical, skilled, or semiskilled occupation or trade, or to pursue study in a technical field, whether or not the school or institution offers certificates, diplomas, or degrees and whether or not it offers full-time study. Recipient means any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is extended directly or through another recipient and that operates an education program or activity that receives such assistance, including any subunit, successor, assignee, or transferee thereof. Student means a person who has gained admission. Title IX means Title IX of the Education Amendments of 1972, Public Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-1688) (except sections 904 and 906 thereof), as amended by section 3 of Public Law 93-568, 88 Stat. 1855, by section 412 of the Education Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688). Title IX regulations means the provisions set forth at §§ 54.100 through 54.605. Transition plan means a plan subject to the approval of the Secretary of Education pursuant to section 901(a)(2) of the Education Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational institution operates in making the transition from being an educational institution that admits only students of one sex to being one that admits students of both sexes without discrimination." 28:28:2.0.1.1.11.1.1.3,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.110 Remedial and affirmative action and self-evaluation.,DOJ,,,,"(a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the designated agency official deems necessary to overcome the effects of such discrimination. (b) Affirmative action. In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirmative action consistent with law to overcome the effects of conditions that resulted in limited participation therein by persons of a particular sex. Nothing in these Title IX regulations shall be interpreted to alter any affirmative action obligations that a recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264. (c) Self-evaluation. Each recipient education institution shall, within one year of September 29, 2000: (1) Evaluate, in terms of the requirements of these Title IX regulations, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and non-academic personnel working in connection with the recipient's education program or activity; (2) Modify any of these policies and practices that do not or may not meet the requirements of these Title IX regulations; and (3) Take appropriate remedial steps to eliminate the effects of any discrimination that resulted or may have resulted from adherence to these policies and practices. (d) Availability of self-evaluation and related materials. Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph (c) of this section, and shall provide to the designated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this section and of any remedial steps taken pursuant to paragraph (c)(3) of this section." 28:28:2.0.1.1.11.1.1.4,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.115 Assurance required.,DOJ,,,,"(a) General. Either at the application stage or the award stage, Federal agencies must ensure that applications for Federal financial assistance or awards of Federal financial assistance contain, be accompanied by, or be covered by a specifically identified assurance from the applicant or recipient, satisfactory to the designated agency official, that each education program or activity operated by the applicant or recipient and to which these Title IX regulations apply will be operated in compliance with these Title IX regulations. An assurance of compliance with these Title IX regulations shall not be satisfactory to the designated agency official if the applicant or recipient to whom such assurance applies fails to commit itself to take whatever remedial action is necessary in accordance with § 54.110(a) to eliminate existing discrimination on the basis of sex or to eliminate the effects of past discrimination whether occurring prior to or subsequent to the submission to the designated agency official of such assurance. (b) Duration of obligation. (1) In the case of Federal financial assistance extended to provide real property or structures thereon, such assurance shall obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used to provide an education program or activity. (2) In the case of Federal financial assistance extended to provide personal property, such assurance shall obligate the recipient for the period during which it retains ownership or possession of the property. (3) In all other cases such assurance shall obligate the recipient for the period during which Federal financial assistance is extended. (c) Form. (1) The assurances required by paragraph (a) of this section, which may be included as part of a document that addresses other assurances or obligations, shall include that the applicant or recipient will comply with all applicable Federal statutes relating to nondiscrimination. These include but are not limited to: Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-1688). (2) The designated agency official will specify the extent to which such assurances will be required of the applicant's or recipient's subgrantees, contractors, subcontractors, transferees, or successors in interest." 28:28:2.0.1.1.11.1.1.5,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.120 Transfers of property.,DOJ,,,,"If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee that operates any education program or activity, and the Federal share of the fair market value of the property is not upon such sale or transfer properly accounted for to the Federal Government, both the transferor and the transferee shall be deemed to be recipients, subject to the provisions of §§ 54.205 through 54.235(a)." 28:28:2.0.1.1.11.1.1.6,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.125 Effect of other requirements.,DOJ,,,,"(a) Effect of other Federal provisions. The obligations imposed by these Title IX regulations are independent of, and do not alter, obligations not to discriminate on the basis of sex imposed by Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 of the Public Health Service Act (42 U.S.C. 295m, 298b-2); Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq. ); the Equal Pay Act of 1963 (29 U.S.C. 206); and any other Act of Congress or Federal regulation. (b) Effect of State or local law or other requirements. The obligation to comply with these Title IX regulations is not obviated or alleviated by any State or local law or other requirement that would render any applicant or student ineligible, or limit the eligibility of any applicant or student, on the basis of sex, to practice any occupation or profession. (c) Effect of rules or regulations of private organizations. The obligation to comply with these Title IX regulations is not obviated or alleviated by any rule or regulation of any organization, club, athletic or other league, or association that would render any applicant or student ineligible to participate or limit the eligibility or participation of any applicant or student, on the basis of sex, in any education program or activity operated by a recipient and that receives Federal financial assistance." 28:28:2.0.1.1.11.1.1.7,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.130 Effect of employment opportunities.,DOJ,,,,The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the other sex. 28:28:2.0.1.1.11.1.1.8,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.135 Designation of responsible employee and adoption of grievance procedures.,DOJ,,,,"(a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under these Title IX regulations, including any investigation of any complaint communicated to such recipient alleging its noncompliance with these Title IX regulations or alleging any actions that would be prohibited by these Title IX regulations. The recipient shall notify all its students and employees of the name, office address, and telephone number of the employee or employees appointed pursuant to this paragraph. (b) Complaint procedure of recipient. A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by these Title IX regulations." 28:28:2.0.1.1.11.1.1.9,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,A,Subpart A—Introduction,,§ 54.140 Dissemination of policy.,DOJ,,,,"(a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and parents of elementary and secondary school students, employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of sex in the educational programs or activities that it operates, and that it is required by Title IX and these Title IX regulations not to discriminate in such a manner. Such notification shall contain such information, and be made in such manner, as the designated agency official finds necessary to apprise such persons of the protections against discrimination assured them by Title IX and these Title IX regulations, but shall state at least that the requirement not to discriminate in education programs or activities extends to employment therein, and to admission thereto unless §§ 54.300 through 54.310 do not apply to the recipient, and that inquiries concerning the application of Title IX and these Title IX regulations to such recipient may be referred to the employee designated pursuant to § 54.135, or to the designated agency official. (2) Each recipient shall make the initial notification required by paragraph (a)(1) of this section within 90 days of September 29, 2000 or of the date these Title IX regulations first apply to such recipient, whichever comes later, which notification shall include publication in: (i) Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and (ii) Memoranda or other written communications distributed to every student and employee of such recipient. (b) Publications. (1) Each recipient shall prominently include a statement of the policy described in paragraph (a) of this section in each announcement, bulletin, catalog, or application form that it makes available to any person of a type, described in paragraph (a) of this section, or which is otherwise used in connection with the recruitment of students or employees. (2) A recipient shall not use or distribute a publication of the type described in paragraph (b)(1) of this section that suggests, by text or illustration, that such recipient treats applicants, students, or employees differently on the basis of sex except as such treatment is permitted by these Title IX regulations. (c) Distribution. Each recipient shall distribute without discrimination on the basis of sex each publication described in paragraph (b)(1) of this section, and shall apprise each of its admission and employment recruitment representatives of the policy of nondiscrimination described in paragraph (a) of this section, and shall require such representatives to adhere to such policy." 28:28:2.0.1.1.11.2.1.1,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.200 Application.,DOJ,,,,"Except as provided in §§ 54.205 through 54.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated by such recipient that receives Federal financial assistance." 28:28:2.0.1.1.11.2.1.2,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.205 Educational institutions and other entities controlled by religious organizations.,DOJ,,,,"(a) Exemption. These Title IX regulations do not apply to any operation of an educational institution or other entity that is controlled by a religious organization to the extent that application of these Title IX regulations would not be consistent with the religious tenets of such organization. (b) Exemption claims. An educational institution or other entity that wishes to claim the exemption set forth in paragraph (a) of this section shall do so by submitting in writing to the designated agency official a statement by the highest-ranking official of the institution, identifying the provisions of these Title IX regulations that conflict with a specific tenet of the religious organization." 28:28:2.0.1.1.11.2.1.3,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.210 Military and merchant marine educational institutions.,DOJ,,,,These Title IX regulations do not apply to an educational institution whose primary purpose is the training of individuals for a military service of the United States or for the merchant marine. 28:28:2.0.1.1.11.2.1.4,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.215 Membership practices of certain organizations.,DOJ,,,,"(a) Social fraternities and sororities. These Title IX regulations do not apply to the membership practices of social fraternities and sororities that are exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership of which consists primarily of students in attendance at institutions of higher education. (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. These Title IX regulations do not apply to the membership practices of the Young Men's Christian Association (YMCA), the Young Women's Christian Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire Girls. (c) Voluntary youth service organizations. These Title IX regulations do not apply to the membership practices of a voluntary youth service organization that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the membership of which has been traditionally limited to members of one sex and principally to persons of less than nineteen years of age." 28:28:2.0.1.1.11.2.1.5,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.220 Admissions.,DOJ,,,,"(a) Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations. (b) Administratively separate units. For the purposes only of this section, §§ 54.225 and 54.230, and §§ 54.300 through 54.310, each administratively separate unit shall be deemed to be an educational institution. (c) Application of §§ 54.300 through 54.310. Except as provided in paragraphs (d) and (e) of this section, §§ 54.300 through 54.310 apply to each recipient. A recipient to which §§ 54.300 through 54.310 apply shall not discriminate on the basis of sex in admission or recruitment in violation of §§ 54.300 through 54.310. (d) Educational institutions. Except as provided in paragraph (e) of this section as to recipients that are educational institutions, §§ 54.300 through 54.310 apply only to institutions of vocational education, professional education, graduate higher education, and public institutions of undergraduate higher education. (e) Public institutions of undergraduate higher education. §§ 54.300 through 54.310 do not apply to any public institution of undergraduate higher education that traditionally and continually from its establishment has had a policy of admitting students of only one sex." 28:28:2.0.1.1.11.2.1.6,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.225 Educational institutions eligible to submit transition plans.,DOJ,,,,"(a) Application. This section applies to each educational institution to which §§ 54.300 through 54.310 apply that: (1) Admitted students of only one sex as regular students as of June 23, 1972; or (2) Admitted students of only one sex as regular students as of June 23, 1965, but thereafter admitted, as regular students, students of the sex not admitted prior to June 23, 1965. (b) Provision for transition plans. An educational institution to which this section applies shall not discriminate on the basis of sex in admission or recruitment in violation of §§ 54.300 through 54.310." 28:28:2.0.1.1.11.2.1.7,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.230 Transition plans.,DOJ,,,,"(a) Submission of plans. An institution to which § 54.225 applies and that is composed of more than one administratively separate unit may submit either a single transition plan applicable to all such units, or a separate transition plan applicable to each such unit. (b) Content of plans. In order to be approved by the Secretary of Education, a transition plan shall: (1) State the name, address, and Federal Interagency Committee on Education Code of the educational institution submitting such plan, the administratively separate units to which the plan is applicable, and the name, address, and telephone number of the person to whom questions concerning the plan may be addressed. The person who submits the plan shall be the chief administrator or president of the institution, or another individual legally authorized to bind the institution to all actions set forth in the plan. (2) State whether the educational institution or administratively separate unit admits students of both sexes as regular students and, if so, when it began to do so. (3) Identify and describe with respect to the educational institution or administratively separate unit any obstacles to admitting students without discrimination on the basis of sex. (4) Describe in detail the steps necessary to eliminate as soon as practicable each obstacle so identified and indicate the schedule for taking these steps and the individual directly responsible for their implementation. (5) Include estimates of the number of students, by sex, expected to apply for, be admitted to, and enter each class during the period covered by the plan. (c) Nondiscrimination. No policy or practice of a recipient to which § 54.225 applies shall result in treatment of applicants to or students of such recipient in violation of §§ 54.300 through 54.310 unless such treatment is necessitated by an obstacle identified in paragraph (b)(3) of this section and a schedule for eliminating that obstacle has been provided as required by paragraph (b)(4) of this section. (d) Effects of past exclusion. To overcome the effects of past exclusion of students on the basis of sex, each educational institution to which § 54.225 applies shall include in its transition plan, and shall implement, specific steps designed to encourage individuals of the previously excluded sex to apply for admission to such institution. Such steps shall include instituting recruitment programs that emphasize the institution's commitment to enrolling students of the sex previously excluded." 28:28:2.0.1.1.11.2.1.8,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,B,Subpart B—Coverage,,§ 54.235 Statutory amendments.,DOJ,,,,"(a) This section, which applies to all provisions of these Title IX regulations, addresses statutory amendments to Title IX. (b) These Title IX regulations shall not apply to or preclude: (1) Any program or activity of the American Legion undertaken in connection with the organization or operation of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; (2) Any program or activity of a secondary school or educational institution specifically for: (i) The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or (ii) The selection of students to attend any such conference; (3) Father-son or mother-daughter activities at an educational institution or in an education program or activity, but if such activities are provided for students of one sex, opportunities for reasonably comparable activities shall be provided to students of the other sex; (4) Any scholarship or other financial assistance awarded by an institution of higher education to an individual because such individual has received such award in a single-sex pageant based upon a combination of factors related to the individual's personal appearance, poise, and talent. The pageant, however, must comply with other nondiscrimination provisions of Federal law. (c) Program or activity or program means: (1) All of the operations of any entity described in paragraphs (c)(1)(i) through (iv) of this section, any part of which is extended Federal financial assistance: (i)(A) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) The entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (ii)(A) A college, university, or other postsecondary institution, or a public system of higher education; or (B) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system; (iii)(A) An entire corporation, partnership, or other private organization, or an entire sole proprietorship— ( 1 ) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or ( 2 ) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (B) The entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (iv) Any other entity that is established by two or more of the entities described in paragraphs (c)(1)(i), (ii), or (iii) of this section. (2)(i) Program or activity does not include any operation of an entity that is controlled by a religious organization if the application of 20 U.S.C. 1681 to such operation would not be consistent with the religious tenets of such organization. (ii) For example, all of the operations of a college, university, or other postsecondary institution, including but not limited to traditional educational operations, faculty and student housing, campus shuttle bus service, campus restaurants, the bookstore, and other commercial activities are part of a “program or activity” subject to these Title IX regulations if the college, university, or other institution receives Federal financial assistance. (d)(1) Nothing in these Title IX regulations shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Medical procedures, benefits, services, and the use of facilities, necessary to save the life of a pregnant woman or to address complications related to an abortion are not subject to this section. (2) Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion. Accordingly, subject to paragraph (d)(1) of this section, no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, employment, or other educational program or activity operated by a recipient that receives Federal financial assistance because such individual has sought or received, or is seeking, a legal abortion, or any benefit or service related to a legal abortion." 28:28:2.0.1.1.11.3.1.1,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,C,Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited,,§ 54.300 Admission.,DOJ,,,,"(a) General. No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which §§ 54.300 through §§ 54.310 apply, except as provided in §§ 54.225 and §§ 54.230. (b) Specific prohibitions. (1) In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 54.300 through 54.310 apply shall not: (i) Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise; (ii) Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or (iii) Otherwise treat one individual differently from another on the basis of sex. (2) A recipient shall not administer or operate any test or other criterion for admission that has a disproportionately adverse effect on persons on the basis of sex unless the use of such test or criterion is shown to predict validly success in the education program or activity in question and alternative tests or criteria that do not have such a disproportionately adverse effect are shown to be unavailable. (c) Prohibitions relating to marital or parental status. In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 54.300 through 54.310 apply: (1) Shall not apply any rule concerning the actual or potential parental, family, or marital status of a student or applicant that treats persons differently on the basis of sex; (2) Shall not discriminate against or exclude any person on the basis of pregnancy, childbirth, termination of pregnancy, or recovery therefrom, or establish or follow any rule or practice that so discriminates or excludes; (3) Subject to § 54.235(d), shall treat disabilities related to pregnancy, childbirth, termination of pregnancy, or recovery therefrom in the same manner and under the same policies as any other temporary disability or physical condition; and (4) Shall not make pre-admission inquiry as to the marital status of an applicant for admission, including whether such applicant is “Miss” or “Mrs.” A recipient may make pre-admission inquiry as to the sex of an applicant for admission, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by these Title IX regulations." 28:28:2.0.1.1.11.3.1.2,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,C,Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited,,§ 54.305 Preference in admission.,DOJ,,,,"A recipient to which §§ 54.300 through 54.310 apply shall not give preference to applicants for admission, on the basis of attendance at any educational institution or other school or entity that admits as students only or predominantly members of one sex, if the giving of such preference has the effect of discriminating on the basis of sex in violation of §§ 54.300 through 54.310." 28:28:2.0.1.1.11.3.1.3,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,C,Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited,,§ 54.310 Recruitment.,DOJ,,,,"(a) Nondiscriminatory recruitment. A recipient to which §§ 54.300 through 54.310 apply shall not discriminate on the basis of sex in the recruitment and admission of students. A recipient may be required to undertake additional recruitment efforts for one sex as remedial action pursuant to § 54.110(a), and may choose to undertake such efforts as affirmative action pursuant to § 54.110(b). (b) Recruitment at certain institutions. A recipient to which §§ 54.300 through 54.310 apply shall not recruit primarily or exclusively at educational institutions, schools, or entities that admit as students only or predominantly members of one sex, if such actions have the effect of discriminating on the basis of sex in violation of §§ 54.300 through 54.310." 28:28:2.0.1.1.11.4.1.1,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.400 Education programs or activities.,DOJ,,,,"(a) General. Except as provided elsewhere in these Title IX regulations, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient that receives Federal financial assistance. Sections 54.400 through 54.455 do not apply to actions of a recipient in connection with admission of its students to an education program or activity of a recipient to which §§ 54.300 through 54.310 do not apply, or an entity, not a recipient, to which §§ 54.300 through 54.310 would not apply if the entity were a recipient. (b) Specific prohibitions. Except as provided in §§ 54.400 through 54.455, in providing any aid, benefit, or service to a student, a recipient shall not, on the basis of sex: (1) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of such aid, benefit, or service; (2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner; (3) Deny any person any such aid, benefit, or service; (4) Subject any person to separate or different rules of behavior, sanctions, or other treatment; (5) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition; (6) Aid or perpetuate discrimination against any person by providing significant assistance to any agency, organization, or person that discriminates on the basis of sex in providing any aid, benefit, or service to students or employees; (7) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity. (c) Assistance administered by a recipient educational institution to study at a foreign institution. A recipient educational institution may administer or assist in the administration of scholarships, fellowships, or other awards established by foreign or domestic wills, trusts, or similar legal instruments, or by acts of foreign governments and restricted to members of one sex, that are designed to provide opportunities to study abroad, and that are awarded to students who are already matriculating at or who are graduates of the recipient institution; Provided, that a recipient educational institution that administers or assists in the administration of such scholarships, fellowships, or other awards that are restricted to members of one sex provides, or otherwise makes available, reasonable opportunities for similar studies for members of the other sex. Such opportunities may be derived from either domestic or foreign sources. (d) Aids, benefits or services not provided by recipient. (1) This paragraph (d) applies to any recipient that requires participation by any applicant, student, or employee in any education program or activity not operated wholly by such recipient, or that facilitates, permits, or considers such participation as part of or equivalent to an education program or activity operated by such recipient, including participation in educational consortia and cooperative employment and student-teaching assignments. (2) Such recipient: (i) Shall develop and implement a procedure designed to assure itself that the operator or sponsor of such other education program or activity takes no action affecting any applicant, student, or employee of such recipient that these Title IX regulations would prohibit such recipient from taking; and (ii) Shall not facilitate, require, permit, or consider such participation if such action occurs." 28:28:2.0.1.1.11.4.1.10,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.445 Marital or parental status.,DOJ,,,,"(a) Status generally. A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status that treats students differently on the basis of sex. (b) Pregnancy and related conditions. (1) A recipient shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient. (2) A recipient may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation as long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician. (3) A recipient that operates a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section, shall ensure that the separate portion is comparable to that offered to non-pregnant students. (4) Subject to § 54.235(d), a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan, or policy that such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient's educational program or activity. (5) In the case of a recipient that does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence for as long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status that she held when the leave began." 28:28:2.0.1.1.11.4.1.11,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.450 Athletics.,DOJ,,,,"(a) General. No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person, or otherwise be discriminated against in any interscholastic, intercollegiate, club, or intramural athletics offered by a recipient, and no recipient shall provide any such athletics separately on such basis. (b) Separate teams. Notwithstanding the requirements of paragraph (a) of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a recipient operates or sponsors a team in a particular sport for members of one sex but operates or sponsors no such team for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex must be allowed to try out for the team offered unless the sport involved is a contact sport. For the purposes of these Title IX regulations, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact. (c) Equal opportunity. (1) A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for members of both sexes. In determining whether equal opportunities are available, the designated agency official will consider, among other factors: (i) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes; (ii) The provision of equipment and supplies; (iii) Scheduling of games and practice time; (iv) Travel and per diem allowance; (v) Opportunity to receive coaching and academic tutoring; (vi) Assignment and compensation of coaches and tutors; (vii) Provision of locker rooms, practice, and competitive facilities; (viii) Provision of medical and training facilities and services; (ix) Provision of housing and dining facilities and services; (x) Publicity. (2) For purposes of paragraph (c)(1) of this section, unequal aggregate expenditures for members of each sex or unequal expenditures for male and female teams if a recipient operates or sponsors separate teams will not constitute noncompliance with this section, but the designated agency official may consider the failure to provide necessary funds for teams for one sex in assessing equality of opportunity for members of each sex. (d) Adjustment period. A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the elementary school level shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. A recipient that operates or sponsors interscholastic, intercollegiate, club, or intramural athletics at the secondary or postsecondary school level shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000." 28:28:2.0.1.1.11.4.1.12,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.455 Textbooks and curricular material.,DOJ,,,,Nothing in these Title IX regulations shall be interpreted as requiring or prohibiting or abridging in any way the use of particular textbooks or curricular materials. 28:28:2.0.1.1.11.4.1.2,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.405 Housing.,DOJ,,,,"(a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations, impose different fees or requirements, or offer different services or benefits related to housing, except as provided in this section (including housing provided only to married students). (b) Housing provided by recipient. (1) A recipient may provide separate housing on the basis of sex. (2) Housing provided by a recipient to students of one sex, when compared to that provided to students of the other sex, shall be as a whole: (i) Proportionate in quantity to the number of students of that sex applying for such housing; and (ii) Comparable in quality and cost to the student. (c) Other housing. (1) A recipient shall not, on the basis of sex, administer different policies or practices concerning occupancy by its students of housing other than that provided by such recipient. (2)(i) A recipient which, through solicitation, listing, approval of housing, or otherwise, assists any agency, organization, or person in making housing available to any of its students, shall take such reasonable action as may be necessary to assure itself that such housing as is provided to students of one sex, when compared to that provided to students of the other sex, is as a whole: (A) Proportionate in quantity; and (B) Comparable in quality and cost to the student. (ii) A recipient may render such assistance to any agency, organization, or person that provides all or part of such housing to students of only one sex." 28:28:2.0.1.1.11.4.1.3,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.410 Comparable facilities.,DOJ,,,,"A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex." 28:28:2.0.1.1.11.4.1.4,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.415 Access to course offerings.,DOJ,,,,"(a) A recipient shall not provide any course or otherwise carry out any of its education program or activity separately on the basis of sex, or require or refuse participation therein by any of its students on such basis, including health, physical education, industrial, business, vocational, technical, home economics, music, and adult education courses. (b)(1) With respect to classes and activities in physical education at the elementary school level, the recipient shall comply fully with this section as expeditiously as possible but in no event later than one year from September 29, 2000. With respect to physical education classes and activities at the secondary and post-secondary levels, the recipient shall comply fully with this section as expeditiously as possible but in no event later than three years from September 29, 2000. (2) This section does not prohibit grouping of students in physical education classes and activities by ability as assessed by objective standards of individual performance developed and applied without regard to sex. (3) This section does not prohibit separation of students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, and other sports the purpose or major activity of which involves bodily contact. (4) Where use of a single standard of measuring skill or progress in a physical education class has an adverse effect on members of one sex, the recipient shall use appropriate standards that do not have such effect. (5) Portions of classes in elementary and secondary schools, or portions of education programs or activities, that deal exclusively with human sexuality may be conducted in separate sessions for boys and girls. (6) Recipients may make requirements based on vocal range or quality that may result in a chorus or choruses of one or predominantly one sex." 28:28:2.0.1.1.11.4.1.5,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.420 Access to schools operated by LEAs.,DOJ,,,,"A recipient that is a local educational agency shall not, on the basis of sex, exclude any person from admission to: (a) Any institution of vocational education operated by such recipient; or (b) Any other school or educational unit operated by such recipient, unless such recipient otherwise makes available to such person, pursuant to the same policies and criteria of admission, courses, services, and facilities comparable to each course, service, and facility offered in or through such schools." 28:28:2.0.1.1.11.4.1.6,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.425 Counseling and use of appraisal and counseling materials.,DOJ,,,,"(a) Counseling. A recipient shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants for admission. (b) Use of appraisal and counseling materials. A recipient that uses testing or other materials for appraising or counseling students shall not use different materials for students on the basis of their sex or use materials that permit or require different treatment of students on such basis unless such different materials cover the same occupations and interest areas and the use of such different materials is shown to be essential to eliminate sex bias. Recipients shall develop and use internal procedures for ensuring that such materials do not discriminate on the basis of sex. Where the use of a counseling test or other instrument results in a substantially disproportionate number of members of one sex in any particular course of study or classification, the recipient shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination in the instrument or its application. (c) Disproportion in classes. Where a recipient finds that a particular class contains a substantially disproportionate number of individuals of one sex, the recipient shall take such action as is necessary to assure itself that such disproportion is not the result of discrimination on the basis of sex in counseling or appraisal materials or by counselors." 28:28:2.0.1.1.11.4.1.7,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.430 Financial assistance.,DOJ,,,,"(a) General. Except as provided in paragraphs (b) and (c) of this section, in providing financial assistance to any of its students, a recipient shall not: (1) On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance that is of any particular type or source, apply different criteria, or otherwise discriminate; (2) Through solicitation, listing, approval, provision of facilities, or other services, assist any foundation, trust, agency, organization, or person that provides assistance to any of such recipient's students in a manner that discriminates on the basis of sex; or (3) Apply any rule or assist in application of any rule concerning eligibility for such assistance that treats persons of one sex differently from persons of the other sex with regard to marital or parental status. (b) Financial aid established by certain legal instruments. (1) A recipient may administer or assist in the administration of scholarships, fellowships, or other forms of financial assistance established pursuant to domestic or foreign wills, trusts, bequests, or similar legal instruments or by acts of a foreign government that require that awards be made to members of a particular sex specified therein; Provided, that the overall effect of the award of such sex-restricted scholarships, fellowships, and other forms of financial assistance does not discriminate on the basis of sex. (2) To ensure nondiscriminatory awards of assistance as required in paragraph (b)(1) of this section, recipients shall develop and use procedures under which: (i) Students are selected for award of financial assistance on the basis of nondiscriminatory criteria and not on the basis of availability of funds restricted to members of a particular sex; (ii) An appropriate sex-restricted scholarship, fellowship, or other form of financial assistance is allocated to each student selected under paragraph (b)(2)(i) of this section; and (iii) No student is denied the award for which he or she was selected under paragraph (b)(2)(i) of this section because of the absence of a scholarship, fellowship, or other form of financial assistance designated for a member of that student's sex. (c) Athletic scholarships. (1) To the extent that a recipient awards athletic scholarships or grants-in-aid, it must provide reasonable opportunities for such awards for members of each sex in proportion to the number of students of each sex participating in interscholastic or intercollegiate athletics. (2) A recipient may provide separate athletic scholarships or grants-in-aid for members of each sex as part of separate athletic teams for members of each sex to the extent consistent with this paragraph (c) and § 54.450." 28:28:2.0.1.1.11.4.1.8,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.435 Employment assistance to students.,DOJ,,,,"(a) Assistance by recipient in making available outside employment. A recipient that assists any agency, organization, or person in making employment available to any of its students: (1) Shall assure itself that such employment is made available without discrimination on the basis of sex; and (2) Shall not render such services to any agency, organization, or person that discriminates on the basis of sex in its employment practices. (b) Employment of students by recipients. A recipient that employs any of its students shall not do so in a manner that violates §§ 54.500 through 54.550." 28:28:2.0.1.1.11.4.1.9,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,D,Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited,,§ 54.440 Health and insurance benefits and services.,DOJ,,,,"Subject to § 54.235(d), in providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner that would violate §§ 54.500 through 54.550 if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service that may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient that provides full coverage health service shall provide gynecological care." 28:28:2.0.1.1.11.5.1.1,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.500 Employment.,DOJ,,,,"(a) General. (1) No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in employment, or recruitment, consideration, or selection therefor, whether full-time or part-time, under any education program or activity operated by a recipient that receives Federal financial assistance. (2) A recipient shall make all employment decisions in any education program or activity operated by such recipient in a nondiscriminatory manner and shall not limit, segregate, or classify applicants or employees in any way that could adversely affect any applicant's or employee's employment opportunities or status because of sex. (3) A recipient shall not enter into any contractual or other relationship which directly or indirectly has the effect of subjecting employees or students to discrimination prohibited by §§ 54.500 through 54.550, including relationships with employment and referral agencies, with labor unions, and with organizations providing or administering fringe benefits to employees of the recipient. (4) A recipient shall not grant preferences to applicants for employment on the basis of attendance at any educational institution or entity that admits as students only or predominantly members of one sex, if the giving of such preferences has the effect of discriminating on the basis of sex in violation of these Title IX regulations. (b) Application. The provisions of §§ 54.500 through 54.550 apply to: (1) Recruitment, advertising, and the process of application for employment; (2) Hiring, upgrading, promotion, consideration for and award of tenure, demotion, transfer, layoff, termination, application of nepotism policies, right of return from layoff, and rehiring; (3) Rates of pay or any other form of compensation, and changes in compensation; (4) Job assignments, classifications, and structure, including position descriptions, lines of progression, and seniority lists; (5) The terms of any collective bargaining agreement; (6) Granting and return from leaves of absence, leave for pregnancy, childbirth, false pregnancy, termination of pregnancy, leave for persons of either sex to care for children or dependents, or any other leave; (7) Fringe benefits available by virtue of employment, whether or not administered by the recipient; (8) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, selection for tuition assistance, selection for sabbaticals and leaves of absence to pursue training; (9) Employer-sponsored activities, including social or recreational programs; and (10) Any other term, condition, or privilege of employment." 28:28:2.0.1.1.11.5.1.10,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.545 Pre-employment inquiries.,DOJ,,,,"(a) Marital status. A recipient shall not make pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss” or “Mrs.” (b) Sex. A recipient may make pre-employment inquiry as to the sex of an applicant for employment, but only if such inquiry is made equally of such applicants of both sexes and if the results of such inquiry are not used in connection with discrimination prohibited by these Title IX regulations." 28:28:2.0.1.1.11.5.1.11,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.550 Sex as a bona fide occupational qualification.,DOJ,,,,"A recipient may take action otherwise prohibited by §§ 54.500 through 54.550 provided it is shown that sex is a bona fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section that is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one sex." 28:28:2.0.1.1.11.5.1.2,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.505 Employment criteria.,DOJ,,,,"A recipient shall not administer or operate any test or other criterion for any employment opportunity that has a disproportionately adverse effect on persons on the basis of sex unless: (a) Use of such test or other criterion is shown to predict validly successful performance in the position in question; and (b) Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable." 28:28:2.0.1.1.11.5.1.3,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.510 Recruitment.,DOJ,,,,"(a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the basis of sex in the recruitment and hiring of employees. Where a recipient has been found to be presently discriminating on the basis of sex in the recruitment or hiring of employees, or has been found to have so discriminated in the past, the recipient shall recruit members of the sex so discriminated against so as to overcome the effects of such past or present discrimination. (b) Recruitment patterns. A recipient shall not recruit primarily or exclusively at entities that furnish as applicants only or predominantly members of one sex if such actions have the effect of discriminating on the basis of sex in violation of §§ 54.500 through 54.550." 28:28:2.0.1.1.11.5.1.4,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.515 Compensation.,DOJ,,,,"A recipient shall not make or enforce any policy or practice that, on the basis of sex: (a) Makes distinctions in rates of pay or other compensation; (b) Results in the payment of wages to employees of one sex at a rate less than that paid to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions." 28:28:2.0.1.1.11.5.1.5,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.520 Job classification and structure.,DOJ,,,,"A recipient shall not: (a) Classify a job as being for males or for females; (b) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or (c) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements that classify persons on the basis of sex, unless sex is a bona fide occupational qualification for the positions in question as set forth in § 54.550." 28:28:2.0.1.1.11.5.1.6,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.525 Fringe benefits.,DOJ,,,,"(a) “Fringe benefits” defined. For purposes of these Title IX regulations, fringe benefits means: Any medical, hospital, accident, life insurance, or retirement benefit, service, policy or plan, any profit-sharing or bonus plan, leave, and any other benefit or service of employment not subject to the provision of § 54.515. (b) Prohibitions. A recipient shall not: (1) Discriminate on the basis of sex with regard to making fringe benefits available to employees or make fringe benefits available to spouses, families, or dependents of employees differently upon the basis of the employee's sex; (2) Administer, operate, offer, or participate in a fringe benefit plan that does not provide for equal periodic benefits for members of each sex and for equal contributions to the plan by such recipient for members of each sex; or (3) Administer, operate, offer, or participate in a pension or retirement plan that establishes different optional or compulsory retirement ages based on sex or that otherwise discriminates in benefits on the basis of sex." 28:28:2.0.1.1.11.5.1.7,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.530 Marital or parental status.,DOJ,,,,"(a) General. A recipient shall not apply any policy or take any employment action: (1) Concerning the potential marital, parental, or family status of an employee or applicant for employment that treats persons differently on the basis of sex; or (2) Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee's or applicant's family unit. (b) Pregnancy. A recipient shall not discriminate against or exclude from employment any employee or applicant for employment on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. (c) Pregnancy as a temporary disability. Subject to § 54.235(d), a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, recovery therefrom, and any temporary disability resulting therefrom as any other temporary disability for all job-related purposes, including commencement, duration, and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment. (d) Pregnancy leave. In the case of a recipient that does not maintain a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status that she held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment." 28:28:2.0.1.1.11.5.1.8,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.535 Effect of state or local law or other requirements.,DOJ,,,,"(a) Prohibitory requirements. The obligation to comply with §§ 54.500 through 54.550 is not obviated or alleviated by the existence of any State or local law or other requirement that imposes prohibitions or limits upon employment of members of one sex that are not imposed upon members of the other sex. (b) Benefits. A recipient that provides any compensation, service, or benefit to members of one sex pursuant to a State or local law or other requirement shall provide the same compensation, service, or benefit to members of the other sex." 28:28:2.0.1.1.11.5.1.9,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,E,Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited,,§ 54.540 Advertising.,DOJ,,,,"A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job in question." 28:28:2.0.1.1.11.6.1.1,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,F,Subpart F—Procedures,,§ 54.600 Notice of covered programs.,DOJ,,,,"Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the Federal Register a notice of the programs covered by these Title IX regulations. Each such Federal agency shall periodically republish the notice of covered programs to reflect changes in covered programs. Copies of this notice also shall be made available upon request to the Federal agency's office that enforces Title IX." 28:28:2.0.1.1.11.6.1.2,28,Judicial Administration,I,,54,PART 54—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE,F,Subpart F—Procedures,,§ 54.605 Enforcement procedures.,DOJ,,,"[Order No. 2320-2000, 65 FR 52881, Aug. 30, 2000]","The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (“Title VI”) are hereby adopted and applied to these Title IX regulations. These procedures may be found at 28 CFR 42.106 through 42.111." 33:33:1.0.1.2.23.0.1.1,33,Navigation and Navigable Waters,I,B,54,PART 54—ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT OBLIGATIONS,,,,§ 54.01 Purpose.,USCG,,,,"This part prescribes procedures for State officials to notify the Coast Guard that a member on active duty is delinquent in meeting an obligation for child support alone, or both child and spousal support, in an amount equal to the support payable for two months or longer. Under 42 U.S.C. 665, an allotment may be taken from the pay and allowances of the member in this situation." 33:33:1.0.1.2.23.0.1.2,33,Navigation and Navigable Waters,I,B,54,PART 54—ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT OBLIGATIONS,,,,§ 54.03 Persons authorized to give notices.,USCG,,,,"For the purpose of instituting an allotment under this part, notice that a Coast Guard member is delinquent in meeting support obligations may be given by: (a) Any agent or attorney of any State having in effect a plan approved under Part D of Title IV of the Social Security Act (42 U.S.C. 651-664), who has the duty or authority to seek recovery of any amounts owed as child or child and spousal support, including any official of a political subdivision when authorized under a State plan. (b) The court that has authority to issue an order against the member for the support and maintenance of a child, or any agent of that court." 33:33:1.0.1.2.23.0.1.3,33,Navigation and Navigable Waters,I,B,54,PART 54—ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT OBLIGATIONS,,,,§ 54.05 Form and contents of notice.,USCG,,,,"(a) The notice required to institute an allotment under this part must be given in the form of a court order, letters, or other document issued by a person specified in § 54.03. (b) The notice must: (1) Provide the full name, social security number, and duty station of the member who owes the support obligation; (2) Specify the amount of support due, and the period in which it has remained owing; (3) Be accompanied by a certified copy of an order directing the payment of this support issued: (i) By a court of competent jurisdiction, or; (ii) In accordance with an administrative procedure which is established by State law, affords substantial due process, and is subject to judicial review; (4) Provide the full name, social security number, and mailing address of the person to whom the allotment is to be paid; (5) Identify the period in which the allotment is to remain in effect; and (6) Identify the name and birth date of all children for whom support is to be provided under the allotment. (c) Each notice must be accompanied by the following information: (1) For each administrative order, a copy of all provisions of state law governing its issuance. (2) For each court order and for each administrative order, if not stated in the support order: (i) An explanation as to how personal jurisdiction was obtained over the member; and (ii) A statement on the age of majority in the state law, with appropriate legal citations." 33:33:1.0.1.2.23.0.1.4,33,Navigation and Navigable Waters,I,B,54,PART 54—ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT OBLIGATIONS,,,,§ 54.07 Service of notice upon designated Coast Guard official.,USCG,,,"[CGD 82-109, 48 FR 4285, Jan. 31, 1983, as amended by CGD 88-052, 53 FR 25119, July 1, 1988; CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286, 66 FR 33639, June 25, 2001]","The notice and all accompanying documentation must be sent to Commanding Officer, Coast Guard Human Resources Service and Information Center, Federal Building, 444 S.E. Quincy Street, Topeka, KS 66683-3591, telephone 785-339-3595, facsimile 785-339-3788." 40:40:6.0.1.1.2.0.1.1,40,Protection of Environment,I,C,54,PART 54—PRIOR NOTICE OF CITIZEN SUITS,,,,§ 54.1 Purpose.,EPA,,,,"Section 304 of the Clean Air Act, as amended, authorizes the commencement of civil actions to enforce the Act or to enforce certain requirements promulgated pursuant to the Act. The purpose of this part is to prescribe procedures governing the giving of notices required by subsection 304(b) of the Act (sec. 12, Pub. L. 91-604; 84 Stat. 1706) as a prerequisite to the commencement of such actions." 40:40:6.0.1.1.2.0.1.2,40,Protection of Environment,I,C,54,PART 54—PRIOR NOTICE OF CITIZEN SUITS,,,,§ 54.2 Service of notice.,EPA,,,,"(a) Notice to Administrator: Service of notice given to the Administrator under this part shall be accomplished by certified mail addressed to the Administrator, Environmental Protection Agency, Washington, DC 20460. Where notice relates to violation of an emission standard or limitation or to violation of an order issued with respect to an emission standard or limitation, a copy of such notice shall be mailed to the Regional Administrator of the Environmental Protection Agency for the Region in which such violation is alleged to have occurred. (b) Notice to State: Service of notice given to a State under this part regarding violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation shall be accomplished by certified mail addressed to an authorized representative of the State agency charged with responsibility for air pollution control in the State. A copy of such notice shall be mailed to the Governor of the State. (c) Notice to alleged violator: Service of notice given to an alleged violator under this part shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, or facility alleged to be in violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation. Where the alleged violator is a corporation, a copy of such notice shall be sent by certified mail to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred. (d) Notice served in accordance with the provisions of this part shall be deemed given on the postmark date, if served by mail, or on the date of receipt, if personally served." 40:40:6.0.1.1.2.0.1.3,40,Protection of Environment,I,C,54,PART 54—PRIOR NOTICE OF CITIZEN SUITS,,,,§ 54.3 Contents of notice.,EPA,,,,"(a) Failure to act. Notice regarding a failure of the Administrator to perform an act or duty which is not discretionary shall identify the provisions of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is claimed to constitute a failure to perform such act or duty, and shall state the full name and address of the person giving the notice. (b) Violation of standard, limitation or order. Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or limitation or an order issued with respect to an emission standard or limitation, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order which has allegedly been violated, the activity alleged to be in violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation, and the full name and address of the person giving the notice." 46:46:2.0.1.2.12.1.1.1,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-1 Incorporation by reference.,USCG,,,"[USCG-2003-16630, 73 FR 65164, Oct. 31, 2008, as amended by USCG-2009-0702, 74 FR 49228, Sept. 25, 2009; USCG-2012-0832, 77 FR 59777, Oct. 1, 2012; USCG-2012-0866, 78 FR 13249, Feb. 27, 2013; USCG-2013-0671, 78 FR 60148, Sept. 30, 2013]","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 document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the U.S. Coast Guard and the National Archives and Records Administration (NARA). Contact U.S. Coast Guard Headquarters at: Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; phone (202) 372-1375; email typeapproval@uscg.mil. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the following sources: (a) American Society of Mechanical Engineers ( ASME ), Two Park Avenue, New York, NY 10016-5990; 800-843-2763; CustomerCare@asme.org; www.asme.org. (1) ASME BPVC.VIII.1-2019, 2019 ASME Boiler and Pressure Vessel Code, Section VIII, Division 1, Rules for Construction of Pressure Vessels, 2019 Edition, issued July 1, 2019 (“Section VIII of the ASME BPVC”); IBR approved for §§ 54.01-2; 54.01-5 (c), (e), and table 2; 54.01-18(b); 54.01-25(a); 54.01-30; 54.01-35(a), (b), and (e); 54.03-1; 54.05-1; 54.10-1; 54.10-3(b); 54.10-5(a), (b), and table 1; 54.10-10(b) and (e); 54.10-15(c); 54.15-1(a); 54.15-5(a); 54.15-10(e) and (h); 54.15-13(a); 54.20-1(a); 54.20-3(b), (c), and (d); 54.25-1; 54.25-3; 54.25-8(b); 54.25-10(b) and (c); 54.25-15; 54.25-20(b), (c), and (e); 54.30-3(c); 54.30-5(a); 54.30-10(a). (2) [Reserved] (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; 610-832-9500; service@astm.org; www.astm.org. (1) ASTM A20/A20M-19, Standard Specification for General Requirements for Steel Plates for Pressure Vessels, approved May 1, 2019 (“ASTM A20/A20M”); IBR approved for §§ 54.05-10(a); 54.25-10(b). (2) ASTM A203/A203M-17, Standard Specification for Pressure Vessel Plates, Alloy Steel, Nickel, approved November 1, 2017 (“ASTM A203/A203M”); IBR approved for § 54.05-20(b). (3) ASTM A370-19, Standard Test Methods and Definitions for Mechanical Testing of Steel Products, approved July 1, 2019 (“ASTM A370”); IBR approved for § 54.25-20(b). (4) ASTM E23-18, Standard Test Methods for Notched Bar Impact Testing of Metallic Materials, approved June 1, 2018 (“ASTM E23”); IBR approved for § 54.05-5(a). (5) ASTM E208-19, Standard Test Method for Conducting Drop-Weight Test to Determine Nil-Ductility Transition Temperature of Ferritic Steels, approved October 1, 2019 (“ASTM E208”); IBR approved for § 54.05-5(b) and (c). (c) Compressed Gas Association (CGA), 8484 Westpark Drive, Suite 220, McLean, VA 22012; 703-788-2700; www.cganet.com. (1) CGA S-1.2-2009, Pressure Relief Device Standards—Part 2—Portable Containers for Compressed Gases, Ninth Edition, 2009 (“CGA S-1.2”); IBR approved for § 54.15-10(h). (2) [Reserved] (d) Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS), 127 Park Street NE, Vienna, VA 22180-4602; 703-281-6613; www.msshq.org. (1) ANSI/MSS SP-25-2018, Standard Marking System for Valves, Fittings, Flanges and Unions, published September 2018 (“MSS SP-25”); IBR approved for § 54.01-25(b). (2) [Reserved]" 46:46:2.0.1.2.12.1.1.10,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-35 Corrosion (modifies UG-25).,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGFR 72-59R, 37 FR 6189, Mar. 25, 1972; USCG-2003-16630, 73 FR 65167, Oct. 31, 2008]","(a) Vessels or portions of vessels subject to corrosion must be as required by UG-25 of Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1) except as noted otherwise in this section. (b) The pressure portions of pressure vessels must: (1) Normally have a corrosion allowance of one-sixth of the calculated thickness, or one-sixteenth inch, whichever is smaller, added to the calculated thickness as determined by the applicable design formula. (2) Be specifically evaluated in cases where unusually corrosive cargoes will be involved, for the possible increase of this corrosion allowance. (3) Have no additional thickness required when acceptable corrosion resistant materials are used. (4) Not normally need additional thickness allowance when the effective stress (either S or SE depending on the design formula used) is 80 percent or less of the allowable stress listed in Section VIII of the ASME BPVC for calculating thickness. (c) Telltale holes must not be permitted in pressure vessels containing dangerous fluids, such as acid, poison, corrosives, etc. (d) Exemption from these corrosion allowance requirements will be granted by the Commandant in those cases where: (1) The contents of the pressure vessel are judged to be sufficiently noncorrosive; and, (2) Where the external surface is also protected from corrosion. A suitable vapor barrier is adequate protection, while paint or other thin coatings exposed to weather or mechanical damage are not acceptable. (e) No applied linings except as provided in part UCL of Section VIII of the ASME BPVC are acceptable." 46:46:2.0.1.2.12.1.1.11,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-40 External pressure (modifies UG-28).,USCG,,,"[CGFR 70-143, 35 FR 19906, Dec. 30, 1970]","(a) The exemption from external pressure consideration provided by the note under UG-28(f) does not apply. (b) Vessels which may at times be subjected to partial vacuum due to nature of the contents, temperature, unloading operations, or other facet of employment must either have vacuum breaker protection or be designed for not less than one-half atmosphere of external pressure." 46:46:2.0.1.2.12.1.1.2,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-2 Adoption of Division 1 of Section VIII of the ASME BPVC.,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9976, June 17, 1970; CGFR 72-59R, 37 FR 6188, Mar. 25, 1972; CGD 72-206R, 38 FR 17226, June 29, 1973; CGD 73-254, 40 FR 40163, Sept. 2, 1975; CGD 77-147, 47 FR 21809, May 20, 1982; CGD 85-061, 54 FR 50963, Dec. 11, 1989. Redesignated by CGD 88-032, 56 FR 35822, July 29, 1991; USCG-2003-16630, 73 FR 65164, Oct. 31, 2008]","(a) Pressure vessels must be designed, constructed, and inspected in accordance with Section VIII of the ASME BPVC (incorporated by reference, see § 54.01-1), as limited, modified, or replaced by specific requirements in this part. The provisions in the appendices to Section VIII of the ASME BPVC are adopted and must be followed when the requirements in Section VIII make them mandatory. For general information, table 1 to § 54.01-2(a) lists the various paragraphs in Section VIII of the ASME BPVC that are limited, modified, or replaced by regulations in this part. Table 1 to § 54.01-2( a )—Limitations and Modifications in the Adoption of Section VIII of the ASME BPVC Note 1 to table § 54.01-2(a): The references to specific provisions in Section VIII of the ASME BPVC are coded. The first letter, such as “U,” refers to Division 1 of Section VIII. The second letter, such as “G,” refers to a subsection within Section VIII. The number refers to the paragraph within the subsection. (b) References to the ASME BPVC, such as paragraph UG-125, indicate: (1) U = Division 1 of Section VIII of the ASME BPVC. (2) G = Part containing general requirements. (3) 125 = Paragraph within part. (c) When a paragraph or a section of the regulations in this part relates to material in Section VIII of the ASME BPVC, the relationship with the code will be shown immediately following the heading of the section or at the beginning of the paragraph, as follows: (1) (Modifies U__.) This indicates that the material in U__ is generally applicable but is being altered, amplified or augmented. (2) (Replaces U__.) This indicates that U__ does not apply. (3) (Reproduces U__.) This indicates that U__ is being identically reproduced for convenience, not for emphasis." 46:46:2.0.1.2.12.1.1.3,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-5 Scope (modifies U-1 and U-2).,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9976, June 17, 1970; CGD 77-147, 47 FR 21809, May 20, 1982; 55 FR 696, Jan. 8, 1990; CGD 88-057, 55 FR 24236, June 15, 1990; CGD 85-061, 55 FR 41917, Oct. 16, 1990; CGD 95-027, 61 FR 26000, May 23, 1996; USCG-2000-7790, 65 FR 58460, Sept. 29, 2000; USCG-2003-16630, 73 FR 65165, Oct. 31, 2008]","(a) This part contains requirements for pressure vessels. Table 1 to § 54.01-5 gives a breakdown by parts in this subchapter of the regulations governing various types of pressure vessels, boilers, and thermal units. (b) Pressure vessels are divided into Classes I, I-L (low temperature), II, II-L (low temperature), and III. Table 2 to § 54.01-5 describes these classes and sets out additional requirements for welded pressure vessels. (c) The requirements for pressure vessels by class are as follows: (1) Class I-L and II-L pressure vessels must meet the applicable requirements in this part. (2) Pressure vessels containing hazardous materials as defined in § 150.115 of this chapter must meet the requirements of this part or, as applicable, the requirements in 49 CFR parts 171-177, or part 64 of this subchapter. (3) Except as provided in paragraph (c)(4) of this section, Classes I, II, and III pressure vessels not containing hazardous materials must be designed and constructed in accordance with the requirements in Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1) and must be stamped with the ASME “U” symbol. These pressure vessels must also comply with the requirements that are listed or prescribed in paragraphs (d) through (g) of this section. Compliance with other provisions in this part is not required. (4) Classes II and III pressure vessels that have a net internal volume of less than 0.14 cubic meters (5 cubic feet) and do not contain hazardous materials must be stamped with either the ASME “U” or “UM” symbol. Compliance with other provisions in this part is not required. (d) Pressure vessels described in paragraph (c)(3) of this section must— (1) Have detailed plans that include the information required by § 54.01-18; (2) Meet §§ 54.01-35, 54.20-3(c), and 54.25-3; (3) Have pressure relief devices required by subpart 54.15; (4) Meet the applicable requirements in §§ 54.10-3, 54.10-20, and 54.10-25 for inspection, reports, and stamping; (5) If welded, meet the post weld heat treatment and minimum joint and radiography requirement in table 2 to § 54.01-5; and (6) If a steam generating pressure vessel, meet § 54.01-10. (e) The plans required by paragraph (d)(1) of this section must be certified by a registered professional engineer to meet the design requirements in paragraph (d) of this section and in Section VIII of the ASME BPVC. The certification must appear on all drawings and analyses. The plans must be made available to the Coast Guard prior to the inspection required by § 54.10-3(c). (f) If a pressure vessel has more than one independent chamber and the chambers have different classifications, each chamber must, as a minimum, meet the requirements for its classification. If a single classification for the entire pressure vessel is preferred, the classification selected must be one that is required to meet all of the regulations applicable to the classification that is not selected. For example, if one chamber is Class I and one chamber is Class II-L, the only single classification that can be selected is Class I-L. (g) The design pressure for each interface between two chambers in a multichambered pressure vessel must be— (1) The maximum allowable working pressure (gauge) in the chamber with the higher pressure; or (2) If one chamber is a vacuum chamber, the maximum allowable working pressure (absolute) in the other chamber minus the least operating pressure (absolute) in the vacuum chamber. Table 1 to § 54.01-5—Regulation Reference for Boilers, Pressure Vessels, and Thermal Units 1 Including exhaust gas types. 2 Boilers with heat input ratings ≥12,500,000 Btu/hr. must have controls that meet part 62 of this subchapter. Boilers with heat input ratings <12,500,000 Btu/hr. must have controls that meet part 63 of this subchapter. 3 Temperature of working fluid. 4 Relief device is required even if designed for less than 103 kPa (15 psig). Table 2 to § 54.01-5—Pressure Vessel Classification 1 Welded joint categories are defined under UW-3 of Section VIII of the ASME BPVC. Joint types are described in table UW-12 of Section VIII of the ASME BPVC, and numbered (1), (2), etc. 2 See § 54.20-2. 3 See §§ 54.25-8(c) and 54.25-10(d). 4 See §§ 54.01-15 and 54.10-3 for exemptions. 5 Specific requirements modifying table UCS-56 of Section VIII of the ASME BPVC appear in § 54.25-7. 6 See § 54.20-3(c) and (f). 7 Applies only to welded pressure vessels. Note 1 to table 2 to § 54.01-5: All classes of pressure vessels are subject to shop inspection and plan approval. See §§ 54.01-15 and 54.10-3 for exemptions." 46:46:2.0.1.2.12.1.1.4,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-10 Steam-generating pressure vessels (modifies U-1(g)).,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGD 81-79, 50 FR 9436, Mar. 8, 1985; CGD 95-012, 60 FR 48044, Sept. 18, 1995; USCG-2003-16630, 73 FR 65166, Oct. 31, 2008]","(a) Pressure vessels in which steam is generated are classed as “Unfired Steam Boilers” except as required otherwise by paragraph (b) of this section. Unfired steam boilers must be fitted with an efficient water level indicator, a pressure gage, a blowdown valve, and an approved safety valve as required by § 54.15-15. Unfired steam boilers must be constructed in accordance with this part other than when the pressures are more than 206 kPa (30 psig) or the temperatures of the working fluid are more than 454 °C (850 °F) when such boilers must be constructed in accordance with part 52 of this subchapter. (b) Vessels known as “Evaporators” or “Heat Exchangers” are not classified as unfired steam boilers. They must be fitted with an approved safety device as required under § 54.15-15 and constructed in accordance with this part. (c) An evaporator in which steam is generated must be fitted with an efficient water level indicator, a pressure gage, and a blowdown valve." 46:46:2.0.1.2.12.1.1.5,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-15 Exemptions from shop inspection and plan approval (modifies U-1(c)(2)).,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9977, June 17, 1970; CGFR 70-143, 35 FR 19906, Dec. 30, 1970; CGD 77-147, 47 FR 21810, May 20, 1982; USCG-2003-16630, 73 FR 65166, Oct. 31, 2008; USCG-2010-0759, 75 FR 60002, Sept. 29, 2010]","(a) The following classifications are exempt from shop inspection and plan approval requirements of this part: (1) Vessels containing water at a pressure not greater than 689 kPa (100 psig), and at a temperature not above 93 °C (200 °F) including those containing air, the compression of which serves only as a cushion. Air-charging lines may be permanently attached if the air pressure does not exceed 103 kPa (15 psig). (2)(i) Hot water supply storage tanks heated by steam or any other indirect means when none of the following limitations is exceeded: (A) A heat input of 58 kW (200,000 Btu per hour); (B) A water temperature of 93 °C (200 °F); (C) A nominal water-containing capacity of 454 liters (120 gallons); or (D) A pressure of 689 kPa (100 psig). (ii) The exemption of any tank under this paragraph (a)(2) requires that it must be fitted with a safety relief valve of at least 1-inch diameter, set to relieve below the maximum allowable working pressure of the tank. (3)(i) Vessels having an internal operating pressure not exceeding 103 kPa (15 psig) with no limitation on size. (ii) Cargo tanks of pressure vessel configuration are not included in the exemption in paragraph (a)(3)(i) of this section. (4) Class I, II, and III pressure vessels that meet the requirements of § 54.01-5(c)(3) and (4). (5) Condensers and heat exchangers, regardless of size, when the design is such that the liquid phase is not greater than 689 kPa (100 psig) and 200 °F (93 °C) and the vapor phase is not greater than 103 kPa (15 psig) provided that the Officer in Charge, Marine Inspection is satisfied that system overpressure conditions are addressed by the owner or operator. (b) For fluid conditioner fittings see § 56.15-1 of this subchapter." 46:46:2.0.1.2.12.1.1.6,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-17 Pressure vessel for human occupancy (PVHO).,USCG,,,"[CGD 76-009, 43 FR 53683, Nov. 16, 1978]",Pressure vessels for human occupancy (PVHOs) must meet the requirements of subpart B (Commercial Diving Operations) of part 197 of this chapter. 46:46:2.0.1.2.12.1.1.7,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-18 Plan approval.,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65166, Oct. 31, 2008]","(a) Manufacturers intending to fabricate pressure vessels, heat exchangers, evaporators, and similar appurtenances, covered by the regulations in this part must submit detailed plans in accordance with subpart 50.20 of this subchapter except as provided in paragraph (c) of this section. (b) The following information must be submitted: (1) Calculations for all pressure containment components including the maximum allowable working pressure, the hydrostatic or pneumatic test pressure, and the intended safety device setting. (2) Joint design and methods of attachment of all pressure containment components. (3) Foundations and supports (design and attachment). (4) Pertinent calculations for pressure vessel foundations and/or supports. (5) A bill of material meeting the requirements of Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1), as modified by this part. (6) A diagrammatic arrangement drawing of the assembled unit indicating location of internal and external components. (c) Plans for Class I, II, and III pressure vessels with the ASME “U” stamp that do not contain hazardous materials are not required to be submitted for approval (see § 54.01-5(e))." 46:46:2.0.1.2.12.1.1.8,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-25 Miscellaneous pressure components (modifies UG-11).,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9977, June 17, 1970; USCG-2003-16630, 73 FR 65167, Oct. 31, 2008]","(a) Pressure components for pressure vessels must be as required by UG-11 of Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1) except as noted otherwise in this section. (b) All pressure components conforming to an accepted ANSI (American National Standards Institute) Standard referred to in an adopted code, specification or standard or in this subchapter must also be marked in accordance with MSS SP-25 (incorporated by reference; see § 54.01-1)." 46:46:2.0.1.2.12.1.1.9,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.01,Subpart 54.01—General Requirements,,§ 54.01-30 Loadings (modifies UG-22).,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65167, Oct. 31, 2008]","(a) The loadings for pressure vessels must be as required by UG-22 of Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1) except as noted otherwise in this section. (b) In evaluating loadings for certain pressure vessel applications, the Commandant may require consideration of the following loads in addition to those listed in UG-22 of Section VIII of the ASME BPVC: (1) Loading imposed by vessel's attitude in roll, list, pitch and trim. (2) Dynamic forces due to ship motions." 46:46:2.0.1.2.12.2.1.1,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.03,Subpart 54.03—Low Temperature Operation,,§ 54.03-1 Scope.,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65167, Oct. 31, 2008]",The pressure vessels for low temperature operation must be as required by Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1) as modified by this subpart. 46:46:2.0.1.2.12.2.1.2,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.03,Subpart 54.03—Low Temperature Operation,,§ 54.03-5 General.,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9977, June 17, 1970]","(a) Requirements for ferritic steels, high alloy steels, and heat-treated ferritic steels are contained in §§ 54.25-10, 54.25-15, and 54.25-20, respectively. (b) Requirements for toughness testing of material product forms and weldments (including weld procedure qualification and production toughness tests) are contained in subpart 54.05. (c) Materials suitable for a given minimum service temperature may be used in warmer service. Steels differing in chemical composition, mechanical properties, or heat treatments from those specified may be specially approved by the Commandant. Similarly, aluminum alloys and other nonferrous materials not intended to be covered by these sections may be specially considered by the Commandant for service at any low temperature." 46:46:2.0.1.2.12.3.1.1,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.05,Subpart 54.05—Toughness Tests,,§ 54.05-1 Scope (replaces UG-84).,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by USCG-2003-16630, 73 FR 65167, Oct. 31, 2008]",The toughness tests of materials used in pressure vessels must be as required by this subpart in lieu of requirements in UG-84 of Section VIII of the ASME BPVC (incorporated by reference; see § 54.01-1). 46:46:2.0.1.2.12.3.1.10,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.05,Subpart 54.05—Toughness Tests,,§ 54.05-25 [Reserved],USCG,,,, 46:46:2.0.1.2.12.3.1.11,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.05,Subpart 54.05—Toughness Tests,,§ 54.05-30 Allowable stress values at low temperatures.,USCG,,,"[CGD 73-133R, 39 FR 9179, Mar. 8, 1974, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 95-072, 60 FR 50462, Sept. 29, 1995; CGD 96-041, 61 FR 50727, 50728, Sept. 27, 1996; USCG-2009-0702, 74 FR 49228, Sept. 25, 2009; USCG-2012-0832, 77 FR 59777, Oct. 1, 2012; USCG-2013-0671, 78 FR 60148, Sept. 30, 2013]","(a) The Coast Guard will give consideration to the enhanced yield and tensile strength properties of ferrous and nonferrous materials at low temperature for the purpose of establishing allowable stress values for service temperature below 0 °F. (b) The use of such allowable stress values must be specially approved by the Coast Guard for each application. Further information may be obtained by writing to the Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593. (c) Submittals must include information and calculations specified by the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG) to demonstrate that the allowable stress for the material cannot be exceeded under any possible combination of vessel loads and metal temperature." 46:46:2.0.1.2.12.3.1.2,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.05,Subpart 54.05—Toughness Tests,,§ 54.05-3 Tests required.,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGFR 69-127, 35 FR 9977, June 17, 1970]","(a) Where material or welding toughness tests are required by §§ 54.25-10, 54.25-15, 54.25-20, and subpart 57.03 or 57.06 of this subchapter, the following requirements apply: (1) Additional requirements for ferritic steels with properties enhanced by heat treatment are in § 54.25-20. (2) Certified reports of toughness tests by the material manufacturer will be acceptable evidence provided the specimens taken are representative of the material delivered and that the material is not subject to treatment during or following fabrication that will reduce its impact properties. If such treatment is subsequently applied to the material, test specimens must be so taken and treated as to be representative of the material in the finished vessel. (b) The requirements of this subpart are also applicable to nonpressure vessel type low temperature tanks and associated secondary barriers, as defined in § 38.05-4 of subchapter D of this chapter." 46:46:2.0.1.2.12.3.1.3,46,Shipping,I,F,54,PART 54—PRESSURE VESSELS,54.05,Subpart 54.05—Toughness Tests,,§ 54.05-5 Toughness test specimens.,USCG,,,"[CGFR 68-82, 33 FR 18828, Dec. 18, 1968, as amended by CGD 73-254, 40 FR 40163, Sept. 2, 1975; USCG-2000-7790, 65 FR 58460, Sept. 29, 2000]","(a) Charpy V-notch impact tests. Where required, Charpy V-notch tests must be conducted in accordance with ASTM E23 (incorporated by reference, see § 54.01-1), using the Type A specimen shown in ASTM E23—Figure 4. Special attention is drawn to the fact that the Charpy Keyhole and U-notch specimens are not acceptable substitutes for the Charpy V-notch specimen and must not be used to qualify materials within the scope of this subpart. Each set of Charpy impact tests must consist of three specimens. For materials 1/2 -inch thick or less, the largest possible Charpy specimens for that thickness must be cut centered at the material's mid-thickness. For materials thicker than 1/2 -inch, full size Charpy specimens must be cut centered at a location as near as practicable to a point midway between the material's surface and half-thickness. Except where otherwise specified, transversely oriented specimens must be used. When longitudinal specimens are used, the required energy values may not be less than 1.5 times the values required for transversely oriented specimens. In all cases, the notch must be cut normal to the material's surface. Test specimens must be taken at least one “t” from any heat-treated edge (where “t” is the material's nominal thickness). (b) Drop weight tests. Where required, drop weight tests must be conducted for no-break performance in accordance with ASTM E208 (incorporated by reference, see § 54.01-1). For material thicknesses between 1/2 -inch and 5/8 -inch, the ASTM E208 specimen P-3, machined to 1/2 -inch thickness, must be used with a stop distance of 0.090-inch. In preparing weld specimens for drop weight testing, weld reinforcement must be ground flush, the hard facing bead centered on and transverse to the weld, and the notch centered on and parallel to the weld axis. (c) Retest procedures. (1) When Charpy V-notch impact specimens are used and the average value of the three initial specimens fails to meet the stated requirements by an amount not exceeding 15 percent, or the value for more than one specimen is below the required average value of when the value for one specimen is below the minimum value permitted for a single specimen by an amount not exceeding 15 percent, three additional specimens from the same material may be tested and the results combined with those previously obtained to form a new average. This new average of six specimens must exceed the specified minimum average. In the event the Charpy retests fail, the material may still be qualified by exhibiting a no-break performance when tested in accordance with the drop weight procedure, if applicable. Two drop weight specimens must be tested for each Charpy V-notch set of three initial specimens which failed to qualify. Failure of either or both of these drop weight specimens will constitute rejection of the material or weldments represented, except as outlined in paragraph (c)(3) of this section. (2) When drop weight specimens are used, retests are permitted only within the limits prescribed in ASTM E208, except as outlined in paragraph (c)(3) of this section. (3) If, for heat treated base material, the required toughness results are not obtained in the initial test or in the retest, the material may be reheat treated one time and tested again in accordance with the initial requirements for the material. (d) Alternate toughness tests. The Charpy V-notch impact values of §§ 54.05-20(a) and 54.05-25(a) are representative of those which correlate with the nil-ductility transition temperature determined by the drop-weight tests for the steels specified in § 54.25-10. For materials for which there are other data showing suitable correlation between Charpy V-notch and drop-weight tests, V-notch acceptance limits different from those tabulated herein may be specially approved by the Commandant, based upon the actual correlation. In the case of steels for which the tabulated Charpy V-notch values can be shown to be inapplicable or in the case of specially considered steels, or as an alternative to complying with the tabulated impact requirements, acceptance may be based upon the material exhibiting a no-break performance when tested in accordance with the drop-weight procedure. Whenever the drop-weight test is used as an alternative to the Charpy V-notch test, two drop-weight specimens must be tested for each set of three Charpy V-notch specimens otherwise required. If the drop-weight test cannot be performed because of material thickness limitations (less than one-half inch) or product shape, or is otherwise inapplicable (because of heat treatment, chemistry, etc.), other tests and/or test criteria will be specified by the Commandant to assure the adequacy of the material for the intended application."