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 10:10:2.0.1.1.8.1.91.1,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,A,Subpart A—General Provisions,,§ 62.1 Purpose and scope.,NRC,,,,"(a) The regulations in this part establish for specific low-level radioactive waste: (1) Criteria and procedures for granting emergency access under section 6 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 2021) to any non-Federal or regional low-level radioactive waste (LLW) disposal facility or to any non-Federal disposal facility within a State that is not a member of a Compact, and (2) The terms and conditions upon which the Commission will grant this emergency access. (b) The regulations in this part apply to all persons as defined by this regulation, who have been denied access to existing regional or non-Federal low-level radioactive waste disposal facilities and who submit a request to the Commission for a determination pursuant to this part. (c) The regulations in this part apply only to the LLW that the States have the responsibility to dispose of pursuant to section 3(1)(a) of the Act." 10:10:2.0.1.1.8.1.91.2,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,A,Subpart A—General Provisions,,§ 62.2 Definitions.,NRC,,,"[54 FR 5420, Feb. 3, 1989, as amended at 72 FR 55933, Oct. 1, 2007]","As used in this part: Act means the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Pub. L. 99-240). Agreement State means a State that— (1) Has entered into an agreement with the Nuclear Regulatory Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021); and (2) Has authority to regulate the disposal of low-level radioactive waste under such agreement. Commission means the Nuclear Regulatory Commission or its duly authorized representatives. Compact means a Compact entered into by two or more States pursuant to the Low-Level Radioactive Waste Policy Amendments Act of 1985. Compact Commission means the regional commission, committee, or board established in a Compact to administer such Compact. Disposal means the permanent isolation of low-level radioactive waste pursuant to the requirements established by the Nuclear Regulatory Commission under applicable laws, or by an Agreement State if such isolation occurs in this Agreement State. Emergency access means access to an operating non-Federal or regional low-level radioactive waste disposal facility or facilities for a period not to exceed 180 days, which is granted by NRC to a generator of low-level radioactive waste who has been denied the use of those facilities. Extension of emergency access means an extension of the access that had been previously granted by NRC to an operating non-Federal or regional low-level radioactive waste disposal facility or facilities for a period not to exceed 180 days. Low-level radioactive waste (LLW) means radioactive material that— (1) Is not high-level radioactive waste, spent nuclear fuel, or byproduct material (as defined in paragraphs (2), (3), and (4) of the definition of Byproduct Material set forth in § 20.1003 of this chapter); and (2) The NRC, consistent with existing law and in accordance with paragraph (1) of this definition, classifies as low-level radioactive waste. Non-Federal disposal facility means a low-level radioactive waste disposal facility that is commercially operated or is operated by a State. Person means any individual, corporation, partnership, firm, association, trust, State, public or private institution, group or agency who is an NRC or NRC Agreement State licensed generator of low-level radioactive waste within the scope of § 62.1(c) of this part; any Governor (or for any State without a Governor, the chief executive officer of the State ) on behalf of any NRC or NRC Agreement State licensed generator or generators of low-level radioactive waste within the scope of § 62.1(c) of this part located in his or her State ; or their duly authorized representative, legal successor, or agent. Regional disposal facility means a non-Federal low-level radioactive waste disposal facility in operation on January 1, 1985, or subsequently established and operated under a compact. State means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. Temporary emergency access means access that is granted at NRC's discretion under § 62.23 of this part upon determining that access is necessary to eliminate an immediate and serious threat to the public health and safety or the common defense and security. Such access expires 45 days after the granting and cannot be extended." 10:10:2.0.1.1.8.1.91.3,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,A,Subpart A—General Provisions,,§ 62.3 Communications.,NRC,,,"[73 FR 5725, Jan. 31, 2008, as amended at 74 FR 62683, Dec. 1, 2009; 79 FR 75740, Dec. 19, 2014; 80 FR 74980, Dec. 1, 2015]","Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html ; by e-mail to MSHD.Resource@nrc.gov ; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information." 10:10:2.0.1.1.8.1.91.4,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,A,Subpart A—General Provisions,,§ 62.4 Interpretations.,NRC,,,"[54 FR 5420, Feb. 3, 1989, 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 considered binding on 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." 10:10:2.0.1.1.8.1.91.5,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,A,Subpart A—General Provisions,,§ 62.5 Specific exemptions.,NRC,,,,"The Commission may, upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the regulations in this part that it determines is authorized by law and will not endanger life or property or the common defense and security and is otherwise in the public interest." 10:10:2.0.1.1.8.1.91.6,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,A,Subpart A—General Provisions,,§ 62.8 Information collection requirements: OMB approval.,NRC,,,"[54 FR 5420, Feb. 3, 1989, as amended at 62 FR 52188, Oct. 6, 1997; 85 FR 65663, Oct. 16, 2020]","(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 3150-0143. (b) The approved information collection requirements contained in this part appear in §§ 62.5, 62.11, 62.12, 62.13, 62.14, and 62.15." 10:10:2.0.1.1.8.2.91.1,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.11 Filing and distribution of a determination request.,NRC,,,"[54 FR 5420, Feb. 3, 1989, as amended at 64 FR 48954, Sept. 9, 1999; 68 FR 58814, Oct. 10, 2003]","(a) The person submitting a request for a Commission determination shall file a signed original of the request with the Commission at the address specified in § 62.3 of this part, with a copy also provided to the appropriate Regional Administrator at the address specified in appendix D to part 20 of this chapter. The request must be signed by the person requesting the determination or the person's authorized representative under oath or affirmation. (b) Upon receipt of a request for a determination, the Secretary of the Commission shall publish a notice acknowledging receipt of the request in the Federal Register. The notice must require that public comment on the request be submitted within 10 days of the publication date of the notice. A copy of the request will be made available for inspection or copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. The Secretary of the Commission shall also transmit a copy of the request to the U.S. Department of Energy, to the Governors of the States of the Compact region where the waste is generated, to the Governors of the States with operating non-Federal low-level radioactive waste disposal facilities, to the Compact Commissions with operating regional low-level radioactive waste disposal facilities, and to the Governors of the States in the Compact Commissions with operating disposal facilities. (c) Upon receipt of a request for a determination based on a serious and immediate threat to the common defense and security, the Commission will notify DOD and/or DOE and provide a copy of the request as needed for their consideration. (d) Fees applicable to a request for a Commission determination under this part will be determined in accordance with the procedures set forth for special projects under category 12 of § 170.31 of this chapter. (e) In the event that the allocations or limitations established in section 5(b) or 6(h) of the Act are met at all operating non-Federal or regional LLW disposal facilities, the Commission may suspend the processing or acceptance of requests for emergency access determinations until additional LLW disposal capacity is authorized by Congress." 10:10:2.0.1.1.8.2.91.2,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.12 Contents of a request for emergency access: General information.,NRC,,,,"A request for a Commission determination under this part must include the following information for each generator to which the request applies: (a) Name and address of the person making the request; (b) Name and address of the person(s) or company(ies) generating the low-level radioactive waste for which the determination is sought; (c) A statement indicating whether the generator is basing the request on the grounds of a serious and immediate threat to the public health and safety or the common defense and security; (d) Certification that the radioactive waste for which emergency access is requested is low-level radioactive waste within § 62.1(c) of this part; (e) The low-level waste generation facility(ies) producing the waste for which the request is being made; (f) A description of the activity that generated the waste; (g) Name of the disposal facility or facilities which had been receiving the waste stream of concern before the generator was denied access; (h) A description of the low-level radioactive waste for which emergency access is requested, including— (1) The characteristics and composition of the waste, including, but not limited to— (i) Type of waste (e.g. solidified oil, scintillation fluid, failed equipment); (ii) Principal chemical composition; (iii) Physical state (solid, liquid, gas); (iv) Type of solidification media; and (v) Concentrations and percentages of any hazardous or toxic chemicals, chelating agents, or infectious or biological agents associated with the waste; (2) The radiological characteristics of the waste such as— (i) The classification of the waste in accordance with 61.55; (ii) A list of the radionuclides present or potentially present in the waste, their concentration or contamination levels, and total quantity; (iii) Distribution of the radionuclides within the waste (surface or volume distribution); (iv) Amount of transuranics (nanocuries/gram); (3) The minimum volume of the waste requiring emergency access to eliminate the threat to the public health and safety or the common defense and security; (4) The time duration for which emergency access is requested (not to exceed 180 days); (5) Type of disposal container or packaging (55 gallon drum, box, liner, etc.); and (6) Description of the volume reduction and waste minimization techniques applied to the waste which assure that it is reduced to the maximum extent practicable, and the actual reduction in volume that occurred; (i) Basis for requesting the determination set out in this part, including— (1) The circumstances that led to the denial of access to existing low-level radioactive waste disposal facilities; (2) A description of the situation that is responsible for creating the serious and immediate threat to the public health and safety or the common defense and security, including the date when the need for emergency access was identified; (3) A chronology and description of the actions taken by the person requesting emergency access to prevent the need for making such a request, including consideration of all alternatives set forth in § 62.13 of this part, and any supporting documentation as appropriate; (4) An explanation of the impacts of the waste on the public health and safety or the common defense and security if emergency access is not granted, and the basis for concluding that these impacts constitute a serious and immediate threat to the public health and safety or the common defense and security. The impacts to the public health and safety or the common defense and security should also be addressed if the generator's services, including research activities, were to be curtailed, either for a limited period of time or indefinitely; (5) Other consequences if emergency access is not granted; (j) Steps taken by the person requesting emergency access to correct the situation requiring emergency access and the person's plans to eliminate the need for additional or future emergency access requests; (k) Documentation certifying that access has been denied; (l) Documentation that the waste for which emergency access is requested could not otherwise qualify for disposal pursuant to the Unusual Volumes provision (Section 5(c)(5) of the Act) or is not simultaneously under consideration by the Department of Energy (DOE) for access through the Unusual Volumes allocation; (m) Date by which access is required; (n) Any other information which the Commission should consider in making its determination." 10:10:2.0.1.1.8.2.91.3,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.13 Contents of a request for emergency access: Alternatives.,NRC,,,,"(a) A request for emergency access under this part must include information on alternatives to emergency access. The request shall include a discussion of the consideration given to any alternatives, including, but not limited to, the following: (1) Storage of low-level radioactive waste at the site of generation; (2) Storage of low-level radioactive waste in a licensed storage facility; (3) Obtaining access to a disposal facility by voluntary agreement; (4) Purchasing disposal capacity available for assignment pursuant to the Act; (5) Requesting disposal at a Federal low-level radioactive waste disposal facility in the case of a Federal or defense related generator of LLW; (6) Reducing the volume of the waste; (7) Ceasing activities that generate low-level radioactive waste; and (8) Other alternatives identified under paragraph (b) of this section. (b) The request must identify all of the alternatives to emergency access considered, including any that would require State or Compact action, or any others that are not specified in paragraph (a) of this section. The request should also include a description of the process used to identify the alternatives, a description of the factors that were considered in identifying and evaluating them, a chronology of actions taken to identify and implement alternatives during the process, and a discussion of any actions that were considered, but not implemented. (c) The evaluation of each alternative must consider: (1) Its potential for mitigating the serious and immediate threat to public health and safety or the common defense and security posed by lack of access to disposal; (2) The adverse effects on public health and safety and the common defense and security, if any, of implementing each alternative, including the curtailment or cessation of any essential services affecting the public health and safety or the common defense and security; (3) The technical and economic feasibility of each alternative including the person's financial capability to implement the alternatives; (4) Any other pertinent societal costs and benefits; (5) Impacts to the environment; (6) Any legal impediments to implementation of each alternative, including whether the alternatives will comply with applicable NRC and NRC Agreement States regulatory requirements; and (7) The time required to develop and implement each alternative. (d) The request must include the basis for: (1) Rejecting each alternative; and (2) Concluding that no alternative is available." 10:10:2.0.1.1.8.2.91.4,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.14 Contents of a request for an extension of emergency access.,NRC,,,,"A request for an extension of emergency access must include: (a) Updates of the information required in §§ 62.12 and 62.13; and (b) Documentation that the generator of the low-level radioactive waste granted emergency access and the State in which the low-level radioactive waste was generated have diligently, though unsuccessfully, acted during the period of the initial grant to eliminate the need for emergency access. Documentation must include: (1) An identification of additional alternatives that have been evaluated during the period of the initial grant, and (2) A discussion of any reevaluation of previously considered alternatives, including verification of continued attempts to gain access to a disposal facility by voluntary agreement." 10:10:2.0.1.1.8.2.91.5,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.15 Additional information.,NRC,,,,"(a) The Commission may require additional information from a person making a request for a Commission determination under this part concerning any portion of the request. (b) The Commission shall deny a request for a Commission determination under this part if the person making the request fails to respond to a request for additional information under paragraph (a) of this section within ten (10) days from the date of the request for additional information, or any other time that the Commission may specify. This denial will not prejudice the right of the person making the request to file another request for a Commission determination under this part." 10:10:2.0.1.1.8.2.91.6,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.16 Withdrawal of a determination request.,NRC,,,,"(a) A person may withdraw a request for a Commission determination under this part without prejudice at any time prior to the issuance of an initial determination under § 62.21 of this part. (b) The Secretary of the Commission will cause to be published in the Federal Register a notice of the withdrawal of a request for a Commission determination under this part." 10:10:2.0.1.1.8.2.91.7,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.17 Elimination of repetition.,NRC,,,,"In any request under this part, the person making the request may incorporate by reference information contained in a previous application, Statement, or report filed with the Commission provided that these references are updated, clear, and specific." 10:10:2.0.1.1.8.2.91.8,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,B,Subpart B—Request for a Commission Determination,,§ 62.18 Denial of request.,NRC,,,,"If a request for a determination is based on circumstances that are too remote and speculative to allow an informed determination, the Commission may deny the request." 10:10:2.0.1.1.8.3.91.1,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,C,Subpart C—Issuance of a Commission Determination,,§ 62.21 Determination for granting emergency access.,NRC,,,,"(a) Not later than (45) days after the receipt of a request for a Commission determination under this part from any generator of low-level radioactive waste, or any Governor on behalf of any generator or generators located in his or her State, the Commission shall determine whether— (1) Emergency access to a regional disposal facility or a non-Federal disposal facility within a State that is not a member of a Compact for specific low-level radioactive waste is necessary because of an immediate and serious threat— (i) To the public health and safety or (ii) The common defense and security; and (2) The threat cannot be mitigated by any alternative consistent with the public health and safety, including those identified in § 62.13. (b) In making a determination under this section, the Commission shall be guided by the criteria set forth in § 62.25 of this part. (c) A determination under this section must be in writing and contain a full explanation of the facts upon which the determination is based and the reasons for granting or denying the request. An affirmative determination must designate an appropriate non-Federal or regional LLW disposal facility or facilities for the disposal of wastes, specifically describe the low-level radioactive waste as to source, physical and radiological characteristics, and the minimum volume and duration (not to exceed 180 days) necessary to eliminate the immediate threat to public health and safety or the common defense and security. It may also contain conditions upon which the determination is dependent." 10:10:2.0.1.1.8.3.91.2,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,C,Subpart C—Issuance of a Commission Determination,,§ 62.22 Notice of issuance of a determination.,NRC,,,"[54 FR 5420, Feb. 3, 1989, as amended at 64 FR 48954, Sept. 9, 1999]","(a) Upon the issuance of a Commission determination the Secretary of the Commission will notify in writing the following persons of the final determination: The person making the request, the Governor of the State in which the low-level radioactive waste requiring emergency access was generated, the Governor of the State in which the designated disposal facility is located, and if pertinent, the appropriate Compact Commission for such approval as is specified as necessary in section 6(g) of the Act. For the Governor of the State in which the designated disposal facility is located and for the appropriate Compact Commission, the notification must set forth the reasons that emergency access was granted and specifically describe the low-level radioactive waste as to source, physical and radiological characteristics, and the minimum volume and duration (not to exceed 180 days) necessary to alleviate the immediate and serious threat to public health and safety or the common defense and security. For the Governor of the State in which the low-level waste was generated, the notification must indicate that no extension of emergency access will be granted under § 62.24 of this part absent diligent State and generator action during the period of the initial grant. (b) The Secretary of the Commission will cause to be published in the Federal Register a notice of the issuance of the determination. (c) The Secretary of the Commission shall make a copy of the final determination available for inspection at the NRC Web site, http://www.nrc.gov." 10:10:2.0.1.1.8.3.91.3,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,C,Subpart C—Issuance of a Commission Determination,,§ 62.23 Determination for granting temporary emergency access.,NRC,,,,"(a) The Commission may grant temporary emergency access to an appropriate non-Federal or regional disposal facility or facilities provided that the determination required under § 62.21(a)(1) of this part is made; (b) The notification procedures under § 62.22 of this part are complied with; and (c) The temporary emergency access duration will not exceed forty-five (45) days." 10:10:2.0.1.1.8.3.91.4,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,C,Subpart C—Issuance of a Commission Determination,,§ 62.24 Extension of emergency access.,NRC,,,,"(a) After the receipt of a request from any generator of low-level waste, or any Governor on behalf of any generator or generators in his or her State, for an extension of emergency access that was initially granted under § 62.21, the Commission shall make an initial determination of whether— (1) Emergency access continues to be necessary because of an immediate and serious threat to the public health and safety or the common defense and security; (2) The threat cannot be mitigated by any alternative that is consistent with public health and safety; and (3) The generator of low-level waste and the State have diligently though unsuccessfully acted during the period of the initial grant to eliminate the need for emergency access. (b) After making a determination pursuant to paragraph (a) of this section, the requirements specified in §§ 62.21(c) and 62.22 of this part, must be followed." 10:10:2.0.1.1.8.3.91.5,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,C,Subpart C—Issuance of a Commission Determination,,§ 62.25 Criteria for a Commission determination.,NRC,,,,"(a) In making the determination required by § 62.21(a) of this part, the Commission will determine whether the circumstances described in the request for emergency access create a serious and immediate threat to the public health and safety or the common defense and security. (b) In making the determination that a serious and immediate threat exists to the public health and safety, the Commission will consider, notwithstanding the availability of any alternative identified in § 62.13 of this part: (1) The nature and extent of the radiation hazard that would result from the denial of emergency access, including consideration of— (i) The standards for radiation protection contained in part 20 of this chapter; (ii) Any standards governing the release of radioactive materials to the general environment that are applicable to the facility that generated the low level waste; and (iii) Any other Commission requirements specifically applicable to the facility or activity that is the subject of the emergency access request; and (2) The extent to which essential services affecting the public health and safety (such as medical, therapeutic, diagnostic, or research activities) will be disrupted by the denial of emergency access. (c) For purposes of granting temporary emergency access under § 62.23 of this part, the Commission will consider the criteria contained in the Commission's Policy Statement (45 FR 10950, February 24, 1977) for determining whether an event at a facility or activity licensed or otherwise regulated by the Commission is an abnormal occurrence within the purview of section 208 of the Energy Reorganization Act of 1974. (d) In making the determination that a serious and immediate threat to the common defense and security exists, the Commission will consider, notwithstanding the availability of any alternative identified in § 62.13 of this part: (1) Whether the activity generating the wastes is necessary to the protection of the common defense and security, and (2) Whether the lack of access to a disposal site would result in a significant disruption in that activity that would seriously threaten the common defense and security. The Commission will consider the views of the Department of Defense (DOD) and or the Department of Energy (DOE) regarding the importance of the activities responsible for generating the LLW to the common defense and security, when evaluating requests based all, or in part, on a serious and immediate threat to the common defense and security. (e) In making the determination required by § 62.21(a)(2) of this part, the Commission will consider whether the person submitting the request— (1) Has identified and evaluated any alternative that could mitigate the need for emergency access; and (2) Has considered all pertinent factors in its evaluation of alternatives including state-of-the-art technology and impacts on public health and safety. (f) In making the determination required by § 62.21(a)(2) of this part, the Commission will consider implementation of an alternative to be unreasonable if: (1) It adversely affects public health and safety, the environment, or the common defense and security; or (2) It results in a significant curtailment or cessation of essential services, affecting public health and safety or the common defense and security; or (3) It is beyond the technical and economic capabilities of the person requesting emergency access; or (4) Implementation of the alternative would conflict with applicable State or local or Federal laws and regulations; or (5) It cannot be implemented in a timely manner. (g) The Commission shall make an affirmative determination under § 62.21(a) of this part only if all of the alternatives that were considered are found to be unreasonable. (h) As part of its mandated evaluation of the alternatives that were considered by the generator, the Commission shall consider the characteristics of the wastes (including: physical properties, chemical properties, radioactivity, pathogenicity, infectiousness, and toxicity, pyrophoricity, and explosive potential); condition of current container; potential for contaminating the disposal site; the technologies or combination of technologies available for treatment of the waste (including incinerators; evaporators-crystallizers; fluidized bed dryers; thin film evaporators; extruders, evaporators; and Compactors); the suitability of volume reduction equipment to the circumstances (specific activity considerations, actual volume reduction factors, generation of secondary wastes, equipment contamination, effluent releases, worker exposure, and equipment availability); and the administrative controls which could be applied, in making a determination whether waste to be delivered for disposal under this part has been reduced in volume to the maximum extent practicable using available technology." 10:10:2.0.1.1.8.3.91.6,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,C,Subpart C—Issuance of a Commission Determination,,§ 62.26 Criteria for designating a disposal facility.,NRC,,,,"(a) The Commission shall designate an appropriate non-Federal or regional disposal facility if an affirmative determination is made pursuant to §§ 62.21, 62.23, or 62.24 of this part. (b) The Commission will exclude a disposal facility from consideration if: (1) The low-level radioactive wastes of the generator do not meet the criteria established by the license agreement or the license agreement of the facility; or (2) The disposal facility is in excess of its approved capacity; or (3) Granting emergency access would delay the closing of the disposal facility pursuant to plans established before the receipt of the request for emergency access; or (4) The volume of waste requiring emergency access exceeds 20 percent of the total volume of low-level radioactive waste accepted for disposal at the facility during the previous calendar year. (c) If, after applying the exclusionary criteria in paragraph (b) of this section, more than one disposal facility is identified as appropriate for designation, the Commission will then consider additional factors in designating a facility or facilities including— (1) Type of waste and its characteristics, (2) Previous disposal practices, (3) Transportation (4) Radiological effects, (5) Site capability for handling waste, (6) The volume of emergency access waste previously accepted by each site both for the particular year and overall, and (7) Any other considerations deemed appropriate by the Commission. (d) The Commission, in making its designation, will also consider any information submitted by the operating non-Federal or regional LLW disposal sites, or any information submitted by the public in response to a Federal Register notice requesting comment, as provided in paragraph (b) of § 62.11 of this part." 10:10:2.0.1.1.8.4.91.1,10,Energy,I,,62,PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES,D,Subpart D—Termination of Emergency Access,,§ 62.31 Termination of emergency access.,NRC,,,,"(a) The Commission may terminate a grant of emergency access when emergency access is no longer necessary to eliminate an immediate threat to public health and safety or the common defense and security. (b) The Commission may terminate a grant of emergency access if an applicant has provided inaccurate information in its application for emergency access or if the applicant has failed to comply with this part or any conditions set by the Commission pursuant to this part." 33:33:1.0.1.3.26.1.1.1,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,A,Subpart A—General,,§ 62.1 Purpose.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998; USCG-2024-1103, 90 FR 52876, Nov. 24, 2025]","(a) The Coast Guard administers the U.S. Aids to Navigation System. The system consists of Federal aids to navigation operated by the Coast Guard, aids to navigation operated by the other armed services, and private aids to navigation operated by other persons. (b) This part describes the general characteristics of the U.S. Aids to Navigation System, and the details, policies and procedures employed by the Coast Guard in establishing, maintaining, operating, changing or discontinuing Federal aids to navigation. Regulations concerning the marking of wrecks, structures, and other obstructions are found in 33 CFR part 64. Regulations concerning private aids are found in 33 CFR part 66. Regulations concerning the marking of artificial islands and structures which are erected on or over the seabed and subsoil of the Outer Continental Shelf of the United States or its possessions are found in 33 CFR part 67. Regulations concerning the marking of bridges are found in 33 CFR part 118. Regulations concerning aids to navigation at deepwater ports are found in subchapter NN of this chapter. (c) The Coast Guard maintains systems of marine aids to navigation consisting of visual, audible, and electronic signals which are designed to assist the prudent mariner in the process of navigation. The aids to navigation system is not intended to identify every shoal or obstruction to navigation which exists in the navigable waters of the United States, but rather provides for reasonable marking of marine features as resources permit. The primary objective of the aids to navigation system is to mark navigable channels and waterways, obstructions adjacent to these waterways, and obstructions in areas of general navigation which may not be anticipated. Other waters, even if navigable, are generally not marked." 33:33:1.0.1.3.26.1.1.2,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,A,Subpart A—General,,§ 62.3 Definition of terms.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2001-9044, 68 FR 42601, July 18, 2003]","Certain terms as used in this subchapter are defined as follows: (a) Aid to Navigation. The term aid to navigation means any device external to a vessel or aircraft intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation. (b) Commerce. The term commerce, in addition to general, national and international trade and commerce of the United States, includes trade and travel by seasonal passenger craft (marine and air), yachts, houseboats, fishing boats, motor boats, and other craft, whether or not operated for hire or profit. (c) Commandant. The term Commandant means the Commandant of the Coast Guard. (d) District Commander. The term District Commander means the commander of a Coast Guard District. Coast Guard Districts are listed in Part 3 of this chapter. (e) Corps of Engineers. The term Corps of Engineers means the Corps of Engineers, Department of the Army. (f) Person. The term person imparts both singular or plural, as the case demands, and includes any Federal Agency, State, Territory, possession, or public subdivision thereof, the District of Columbia, and any corporation, company, association, club, or other instrumentality. (g) Navigable waters of the United States. The term navigable waters of the United States is defined in § 2.36(a) of this chapter." 33:33:1.0.1.3.26.1.1.3,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,A,Subpart A—General,,§ 62.5 Marking of marine parades and regattas.,USCG,,,,"(a) The Coast Guard may establish aids to navigation to mark marine parades and regattas which are regulated by the Coast Guard for the purpose of protecting life and property, or to assist in the observance and enforcement of special regulations. For marine parade and regatta regulations, see Part 100 of this chapter. (b) [Reserved]" 33:33:1.0.1.3.26.2.1.1,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.21 General.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998; USCG-2001-9286, 66 FR 33640, June 25, 2001; USCG-2015-0433, 80 FR 44279, July 27, 2015; USCG-2024-1103, 90 FR 52876, Nov. 24, 2025]","(a) The navigable waters of the United States and non-navigable State waters after December 31, 2003, are marked to assist navigation using the U.S. Aids to Navigation System, a system consistent with the International Association of Lighthouse Authorities (IALA) Maritime Buoyage System. The IALA Maritime Buoyage System is followed by most of the world's maritime nations and will improve maritime safety by encouraging conformity in buoyage systems worldwide. IALA buoyage is divided into two regions made up of Region A and Region B. All navigable waters of the United States follow IALA Region B, except U.S. possessions west of the International Date Line and south of 10 degrees north latitude, which follow IALA Region A. Lateral aids to navigation in Region A vary from those described throughout this Subpart. Non-lateral aids to navigation are the same as those used in Region B. See § 62.25. Appropriate nautical charts and publications should be consulted to determine whether the Region A or Region B marking schemes are in effect for a given area. (b) The U.S. Aids to Navigation System is designed for use with nautical charts. Nautical charts portray the physical features of the marine environment, including soundings and other submarine features, landmarks, and other aids necessary for the proper navigation of a vessel. This crucial information cannot be obtained from other sources, even ones such as topographic maps, aeronautical charts, or atlases. The exact meaning of an aid to navigation may not be clear to the mariner unless the appropriate chart is consulted, as the chart illustrates the relationship of the individual aid to navigation to channel limits, obstructions, hazards to navigation, and to the total aids to navigation system. (c) The navigator should maintain and consult suitable publications and instruments for navigation depending on the vessel's requirements. This shipboard equipment is separate from the aids to navigation system, but is often essential to its use. The following publications are available from the U.S. Government to assist the navigator: (1) The Light List, published by the Coast Guard and available for viewing on the Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov lists federal and private aids to navigation. It includes all major Federal aids to navigation and those private aids to navigation that have been deemed to be important to general navigation, and includes a physical description of these aids and their locations. (2) The United States Coast Pilot, published by the National Ocean Service and available from NOAA Certified Printer Partners listed at www.nauticalcharts.noaa.gov/enconline/enconline.html. Free on-line versions and weekly updates supplement the information shown on nautical charts and are available directly from NOAA at distribution.charts.noaa.gov/weekly_updates/. Subjects such as local navigation regulations, channel and anchorage peculiarities, dangers, climatological data, routes, and port facilities are covered. (3) Local Notices to Mariners are published by local Coast Guard District Commanders. Persons may view Local Notices to Mariners on the Coast Guard Navigation Center Web site at http://www.navcen.uscg.gov. Changes to aids to navigation, reported dangers, scheduled construction or other disruptions, chart corrections and similar useful marine information is made available through this publication. (4) The Notice to Mariners is a national publication, similar to the Local Notice to Mariners, published by the National Geospatial-Intelligence Agency. The notices may be viewed on the National Geospatial-Intelligence Agency's Web site at http://msi.nga.mil/NGAPortal/MSI.portal. This publication provides oceangoing vessels significant information on national and international navigation and safety. (5) The mariner should also listen to Coast Guard Broadcast Notices to Mariners. These broadcasts update the Local Notice to Mariners with more timely information. Mariners should monitor VHF-FM channel 16 to locate Coast Guard Marine Information Broadcasts. (d) The U.S. Aids to Navigation System is primarily a lateral system which employs a simple arrangement of colors, shapes, numbers, and light characteristics to mark the limits of navigable routes. This lateral system is supplemented by nonlateral aids to navigation where appropriate. (e) Generally, lateral aids to navigation indicate on which side of a vessel an aid to navigation should be passed when the vessel is proceeding in the Conventional Direction of Buoyage. Normally, the Conventional Direction of Buoyage is the direction in which a vessel enters navigable channels from seaward and proceeds towards the head of navigation. In the absence of a route leading from seaward, the Conventional Direction of Buoyage generally follows a clockwise direction around land masses. For example, proceeding southerly along the Atlantic Coast, from Florida to Texas along the Gulf Coast, and northerly along the Pacific Coast are considered as proceeding in the Conventional Direction of Buoyage. In some instances, this direction must be arbitrarily assigned. Where doubt exists, the mariner should consult charts and other nautical publications. (f) Although aids to navigation are maintained to a reasonable degree of reliability, the rigors of the marine environment and various equipment failures do cause discrepancies on occasion. (g) The Coast Guard makes reasonable efforts to inform the navigator of known discrepancies, and to correct them within a reasonable period of time, depending upon resources available. Occasionally, a temporary aid to navigation, which provides different but similar service, is deployed until permanent repairs can be made to the original aid. Notification of such temporary changes is made through the notice to mariners system. (h) Mariners should exercise caution when using private aids to navigation because private aids are often established to serve the needs of specific users rather than general navigation and their purpose may not be obvious to casual users; and, discrepancies to private aids are often detected, reported, and corrected less promptly than discrepancies to Coast Guard aids to navigation." 33:33:1.0.1.3.26.2.1.10,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.37 Lighthouses.,USCG,,,,"Lighthouses are prominent beacons of varying size, color, and appearance employed to mark headlands, landfalls, harbor entrances, channel edges, hazards, and other features. While normally identified by their distinctive appearance, some lighthouses display diamond shaped, checkered daymarks to facilitate recognition." 33:33:1.0.1.3.26.2.1.11,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.41 Ranges.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 1987]","Ranges are aids to navigation systems employing dual beacons which, when the structures appear to be in line, assist the mariner in maintaining a safe course. The appropriate nautical chart must be consulted when using ranges to determine whether the range marks the centerline of the navigable channel and also to ascertain what section of the range may be safety traversed. Ranges are generally, but not always, lighted, and display rectangular daymarks of various colors." 33:33:1.0.1.3.26.2.1.12,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.43 Numbers and letters.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24, 1989]","(a) All solid red and solid green aids are numbered, with red aids bearing even numbers and green aids bearing odd numbers. The numbers for each increase in the Conventional Direction of Buoyage. Numbers are kept in approximately sequence on both sides of the channel by omitting numbers where necessary. (b) Only sidemarks are numbered. However, aids other than those mentioned above may be lettered to assist in their identification, or to indicate their purpose. Sidemarks may carry letters in addition to numbers to identify the first aid to navigation in a waterway, or when new aids to navigation are added to channels with previously completed numerical sequences. Letters on sidemarks will follow alphabetical order from seaward and proceeding toward the Conventional Direction of Buoyage and will be added to numbers as suffixes. (c) Aids to navigation may be fitted with light-reflecting material to increase their visibility in darkness. The colors of this material may convey the same significance as the aid except that letters and numbers may be white. (d) Exceptions to the provisions of this section will be found on the Western Rivers System. See § 62.51. (e) The guidelines for the display of numbers and letters on aids to navigation are identical for both Region A and Region B; red aids to navigation display even numbers, and green aids display odd numbers." 33:33:1.0.1.3.26.2.1.13,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.45 Light characteristics.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, June 19, 1998]","(a) Lights on aids to navigation are differentiated by color and rhythm. Lighthouses and range lights may display distinctive light characteristics to facilitate recognition. No special significance should be attached to the color or rhythm of such lights. Other lighted aids to navigation employ light characteristics to convey additional information. (b) When proceeding in the Conventional Direction of Buoyage, aids to navigation, if lighted, display light characteristics as follows: (1) Green lights mark port (left) sides of channels and locations of wrecks or obstructions which are to be passed by keeping these lights on the port (left) hand of a vessel. Green lights are also used on Preferred Channel Marks where the topmost band is green. (2) Red lights mark starboard (right) sides of channels and locations of wrecks or obstructions which are to be passed by keeping these lights on the starboard (right) hand of a vessel. Red lights are also used on Preferred Channel Marks where the topmost band is red. (3) Certain lights marking the Intracoastal Waterway may display reversed lateral significance. See § 62.49. (c) Yellow lights have no lateral significance. Except on the Western Rivers, see § 62.51, white lights have no lateral significance. The purpose of aids exhibiting white or yellow lights may be determined by their shape, color, letters or numbers, and the light rhythm employed. (d) Light rhythms, except as noted in § 62.51 for the Western Rivers, are employed as follows: (1) Aids with lateral significance display regularly flashing or regularly occulting light rhythms. Ordinarily, flashing lights (frequency not exceeding 30 flashes per minute) will be used. (2) Preferred Channel Marks display a composite group flashing light rhythm (groups of two flashes followed by one flash). (3) Safe Water Marks display a white Morse Code “A” rhythm (short-long flash). (4) Isolated Danger Marks display a white group flashing two. (5) Special Marks display yellow lights with fixed or slow flashing rhythm preferred. (6) Mooring Buoys and Information and Regulatory Marks display white lights of various rhythms. (7) For situations where lights require a distinct cautionary significance, as at sharp turns, sudden channel constrictions, wrecks, or obstructions, a quick flashing light rhythm (60 flashes per minute) may be used. (e) Occasionally lights use sectors to mark shoals or warn mariners of other dangers. Lights so equipped show one color from most directions and a different color or colors over definite arcs of the horizon as indicated on the appropriate nautical chart. These sectors provide approximate bearing information since the observer should note a change of color as the boundary between the sectors is crossed. As sector bearings are not precise, they should be considered a warning only and not used to determine exact bearing to the light. (f) Aids to navigation may be fitted with light-reflecting material to increase their visibility in darkness. Green or red reflective material is used only on marks which, if lighted, would exhibit a light of that color. Yellow reflective material is used on special marks and on Intracoastal Waterway marks. No significance is attached to white reflective material." 33:33:1.0.1.3.26.2.1.14,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.47 Sound signals.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2024-1103, 90 FR 52876, Nov. 24, 2025]","(a) Often sound signals are located on or adjacent to aids to navigation. When visual signals are obscured, sound signals warn mariners of the proximity of danger. (1) Sound signals are distinguished by their tone and phase characteristics. (i) Tones are determined by the devices producing the sound (i.e., diaphones, diaphragm horns, reed horns, sirens, whistles, bells and gongs). (ii) Phase characteristics are defined by the signal's sound pattern, i.e., the number of blasts and silent periods per minute and their durations. Sound signals emanating from fixed structures generally produce a specific number of blasts and silent periods each minute when operating. Buoy sound signals are generally actuated by the motion of the sea and therefore do not emit a regular signal characteristic. (2) Where no live watch is maintained, sound signals are normally operated continuously. However, most are equipped with Mariner Radio Activated Sound Systems (MRASS) that are activated by the mariner by keying their VHF radio microphone five (5) times on the designated charted frequency. Channels 81a (157.075 MHz) and channel 83a (157.175 MHz) are the two most common frequencies, but others may be designated and charted. (Mariners may consult the appropriate U.S. Coast Guard Light List volume or local notice to mariners for specific activation frequencies and instructions.) Activated signals will normally operate for 45 minutes after the signal is triggered. (b) Mariners should not rely solely on sound signals to determine their positions for the following reasons: (1) Distance cannot be accurately determined by sound intensity. (2) Occasionally sound signals may not be heard in areas close to their location. (3) Signals may not sound in cases where fog exists close to, but not at, the location of the sound signal. (4) As buoy signals are generally activated by sea motion, they may produce no signals when seas are calm. (5) As previously noted, buoy positions are not always reliable. Therefore their sound signals cannot be assumed to be emanating from a fixed position." 33:33:1.0.1.3.26.2.1.15,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.49 Intracoastal Waterway identification.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 1987]","(a) In addition to the conventional signals, aids to navigation marking the Intracoastal Waterway exhibit unique yellow symbols to distinguish them from aids marking other waters. (1) Yellow triangles indicate that aids to navigation so marked should be passed keeping them on the starboard (right) hand of a vessel, regardless of the aid's number, color, or light color. (2) Yellow squares indicate that aids to navigation so marked should be passed keeping them on the port (left) hand of a vessel, regardless of the aid's number, color, or light color. (3) A horizontal yellow band provides no lateral information, but simply identifies aids to navigation as marking the Intracoastal Waterway. (b) The above guidelines apply for vessels traversing the Intracoastal Waterway in a southerly direction on the Atlantic Coast, in a westerly direction on the Okeechobee Waterway, or in a westerly direction along the Gulf Coast." 33:33:1.0.1.3.26.2.1.16,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.51 Western Rivers Marking System.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD-94-091, 61 FR 27782, June 3, 1996; USCG-2001-9286, 66 FR 33640, June 25, 2001]","(a) A variation of the standard U.S. aids to navigation system described above is employed on the Mississippi River and tributaries above Baton Rouge, LA and on certain other rivers which flow toward the Gulf of America. (b) The Western Rivers System varies from the standard U.S. system as follows: (1) Buoys are not numbered. (2) Numbers on beacons do not have odd/even lateral significance but, rather, indicate mileage from a fixed point (normally the river mouth). (3) Diamond-shaped non-lateral dayboards, checkered red-and-white or green-and-white, similar to those used in the U.S. Aids to Navigation System, as appropriate, are used as crossing dayboards where the river channel crosses from one bank to the other. (4) Lights on green buoys and on beacons with green daymarks show a single flash which may be green or white. (5) Lights on red buoys and on beacons with red daymarks show a double flash [Group Flashing (2)] which may be red or white. (6) Isolated danger marks are not used." 33:33:1.0.1.3.26.2.1.17,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.52 Automatic Identification System Aids to Navigation (AIS AtoN).,USCG,,,"[USCG-2005-21869, 80 FR 5329, Jan. 30, 2015, as amended by USCG-2021-0348, 87 FR 3223, Jan. 21, 2022]","(a) Aids to Navigation (AtoN) may be enhanced by the use of an automatic identification system (AIS). AIS is a maritime navigation safety communications protocol standardized by the International Telecommunication Union and adopted by the International Maritime Organization for the broadcast or exchange of navigation information between vessels, aircraft, and shore stations. AIS AtoN can autonomously and at fixed intervals broadcast the name, position, dimensions, type, characteristics and status from or concerning an aid to navigation. (b) AIS AtoN can be either physical (fitted to the AtoN), synthetic (physically fitted somewhere other than to the AtoN) or virtual (physically nonexistent, but capable of being portrayed on AIS-capable displays). (c) AIS AtoN can also be used to broadcast both laterally ( e.g., Port Hand Mark) and non-laterally significant marine safety information ( e.g., environmental data, tidal information, and navigation warnings)." 33:33:1.0.1.3.26.2.1.18,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.53 Racons.,USCG,,,,"(a) Aids to navigation may be enhanced by the use of radar beacons (racons). Racons, when triggered by a radar signal, will transmit a coded reply to the interrogating radar. This reply serves to identify the aid station by exhibiting a series of dots and dashes which appear on the radar display in a line emanating radially from just beyond the echo of the aid station. Although racons may be used on both laterally significant and non-laterally significant aids alike, the racon signal itself is for identification purposes only, and therefore carries no lateral significance. (b) Racons are also used as bridge marks to mark the best point of passage." 33:33:1.0.1.3.26.2.1.19,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.54 Ownership identification.,USCG,,,"[CGD 97-018, 63 FR 33573, June 19, 1998]",Ownership identification on private or state aids to navigation is permitted so long as it does not change or hinder an understanding of the meaning of the aid to navigation. 33:33:1.0.1.3.26.2.1.2,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.23 Beacons and buoys.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, 1987]","(a) Aids to navigation are placed on shore or on marine sites to assist a navigator to determine his position or safe course. They may mark limits of navigable channels, or warn of dangers or obstructions to navigation. The primary components of the U.S. Aids to Navigation System are beacons and buoys. (b) Beacons are aids to navigation structures which are permanently fixed to the earth's surface. They range from large lighthouses to small, single-pile structures and may be located on land or in the water. Lighted beacons are called lights; unlighted beacons are called daybeacons. (1) Beacons exhibit a daymark. For small structures these are colored geometric shapes which make an aid to navigation readily visible and easily identifiable against background conditions. Generally, the daymark conveys to the mariner, during daylight hours, the same significance as does the aid's light or reflector at night. The daymark of large lighthouses and towers, however, consists of the structure itself. As a result, these daymarks do not infer lateral significance. (2) Vessels should not pass beacons close aboard due to the danger of collision with rip-rap or structure foundations, or the obstruction or danger that the aid marks. (c) Buoys are floating aids to navigation used extensively throughout U.S. waters. They are moored to the seabed by sinkers with chain or other moorings of various lengths. (1) The daymark of a buoy is the color and shape of the buoy and, if so equipped, of the topmark. (i) Can buoys have a cylindrical shape. (ii) Nun buoys have a tapered, conical shape. (iii) Pillar buoys have a wide cylindrical base supporting a narrower superstructure. They may be surmounted by colored shapes called topmarks. (iv) Spherical buoys have a round shape. (2) Mariners attempting to pass a buoy close aboard risk collision with a yawing buoy, the buoy's mooring, or with the obstruction which the buoy marks. (3) Mariners should not rely on buoys alone for determining their positions due to factors limiting their reliability. Prudent mariners will use bearings or angles from beacons or other landmarks, soundings, and various methods of electronic navigation. Buoys vary in reliability because: (i) Buoy positions represented on nautical charts are approximate positions only, due to practical limitations in positioning and maintaining buoys and their sinkers in precise geographical locations. (ii) Buoy moorings vary in length. The mooring lengths define a “watch circle”, and buoys can be expected to move within this circle. Actual watch circles do not coincide with the dots or circles representing them on charts. (iii) Buoy positions are normally verified during periodic maintenance visits. Between visits, environmental conditions, including atmospheric and sea conditions, and seabed slope and composition, may shift buoys off their charted positions. Also buoys may be dragged off station, sunk, or capsized by a collision with a vessel." 33:33:1.0.1.3.26.2.1.3,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.25 Lateral marks.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24, 1989]","(a) Lateral marks define the port and starboard sides of a route to be followed. They may be either beacons or buoys. (b) Sidemarks are lateral marks which advise the mariner to stay to one side of the mark. Their most frequent use is to mark the sides of channels; however, they may be used individually to mark obstructions outside of clearly defined channels. Sidemarks are not always placed directly on a channel edge and may be positioned outside the channel as indicated on charts and nautical publications. (1) Port hand marks indicate the left side of channels when proceeding in the Conventional Direction of Buoyage. Beacons have green square daymarks, while buoys are green can or pillar buoys. (2) Starboard hand marks indicate the right side of channels when proceeding in the Conventional Direction of Buoyage. Beacons have red triangular daymarks, while buoys are red nun or pillar buoys. (c) Preferred channel marks indicate channel junctions or bifurcations and may also mark wrecks or obstructions which the mariner, after consulting a chart to ascertain the location of the obstruction relative to the aid, may pass on either side. Preferred channel marks have red and green horizontal bands with the color of the topmost band indicating the preferred channel. If the topmost band is green, the mark serves as a port hand mark for vessels following the preferred channel proceeding in the Conventional Direction of Buoyage, and as a starboard hand mark for the other channel. Beacons would have square daymarks, while buoys would be can or pillar buoys. If the topmost band is red, the mark serves as a starboard hand mark for vessels following the preferred channel proceeding in the Conventional Direction of Buoyage, and a port hand mark for the other channel. Beacons would have triangular daymarks, while buoys would be nun or pillar buoys. (d) The above color schemes apply to IALA Region B. Marks located in the IALA Region A exhibit reversed color significance: port hand marks will be red when following the Conventional Direction of Buoyage, and starboard hand marks will be green. The meaning of daymark and buoy shapes is identical in both regions. (e) Certain marks on the Intracoastal Waterway may exhibit reversed lateral significance. See § 62.49." 33:33:1.0.1.3.26.2.1.4,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.27 Safe water marks.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24, 1989]","Safe water marks indicate that there is navigable water all around the mark. They are often used to indicate fairways or midchannels, or the seaward end of channels. Safe water marks are colored with red and white vertical stripes. Beacons have an octagonal daymark; red and white buoys are spherical or display a red spherical topmark." 33:33:1.0.1.3.26.2.1.5,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.29 Isolated danger marks.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24, 1989]","Isolated danger marks indicate an isolated danger which may be passed on all sides. As these marks are erected or moored on or near dangers, they should not be approached closely without special caution. These marks are colored black with one or more broad horizontal red bands and are equipped with a topmark of two black spheres, one above the other." 33:33:1.0.1.3.26.2.1.6,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.31 Special marks.,USCG,,,,"Special marks are not primarily intended to assist safe navigation, but to indicate special areas or features referred to in charts or other nautical publications. They may be used, for example, to mark anchorages, cable or pipeline areas, traffic separation schemes, military exercise zones, ocean data acquisition systems, etc. Special marks are colored solid yellow." 33:33:1.0.1.3.26.2.1.7,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.32 Inland waters obstruction mark.,USCG,,,"[CGD 97-018, 63 FR 33573, June 19, 1998]","(a) On inland waters designated by the Commandant as State waters in accordance with § 66.05-5 of this chapter and on non-navigable internal waters of a State which have no defined head of navigation, a buoy showing alternate vertical black and white stripes may be used to indicate to a vessel operator that an obstruction to navigation extends from the nearest shore to the buoy. (b) The black and white buoy's meaning is “do not pass between the buoy and the shore”. The number of white and black stripes is discretionary, provided that the white stripes are twice the width of the black stripes. Prior to December 31, 2003, this aid shall not be used on a waterway which has a red and white striped obstruction marker defined in § 66.10-15(e)(3) of this chapter, unless all obstruction markers are replaced." 33:33:1.0.1.3.26.2.1.8,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.33 Information and regulatory marks.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 97-018, 63 FR 33573, June 19, 1998]","(a) Information and Regulatory Marks are used to alert the mariner to various warnings or regulatory matters. These marks have orange geometric shapes against a white background. The meanings associated with the orange shapes are as follows: (1) A vertical open-faced diamond signifies danger. (2) A vertical diamond shape having a cross centered within indicates that vessels are excluded from the marked area. (3) A circular shape indicates that certain operating restrictions are in effect within the marked area. (4) A square or rectangular shape will contain directions or instructions lettered within the shape. (b) When a buoy is used as an information or regulatory mark it shall be white with two horizontal orange bands placed completely around the buoy circumference. One band shall be near the top of the buoy body, with a second band placed just above the waterline of the buoy so that both bands are clearly visible." 33:33:1.0.1.3.26.2.1.9,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,B,Subpart B—The U.S. Aids to Navigation System,,§ 62.35 Mooring buoys.,USCG,,,,Mooring Buoys are white with a blue horizontal band. This distinctive color scheme is recommended to facilitate identification and to avoid confusion with aids to navigation. 33:33:1.0.1.3.26.4.1.1,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,D,Subpart D—Public Participation in the Aids to Navigation System,,§ 62.63 Recommendations.,USCG,,,"[, as amended by USCG-2024-1103, 90 FR 52876, Nov. 24, 2025]","(a) The public may recommend changes to existing aids to navigation, request new aids or the discontinuation of existing aids, and report aids no longer necessary for maritime safety. These recommendations should be sent to the appropriate District Commander. (b) Recommendations, requests and reports should be documented with as much information as possible to justify the proposed action. Desirable information includes: (1) Nature of the vessels which transit the area(s) in the question, including type, displacement, draft, and number of passengers and crew. (2) Where practicable, the kinds of navigating devices used aboard such vessels (e.g, magnetic or gyro compasses, radio direction finders, radar, electronic charting systems, and searchlights). (3) A chartlet or sketch describing the actual or proposed location of the aid(s), and a description of the action requested or recommended." 33:33:1.0.1.3.26.4.1.2,33,Navigation and Navigable Waters,I,C,62,PART 62—UNITED STATES AIDS TO NAVIGATION SYSTEM,D,Subpart D—Public Participation in the Aids to Navigation System,,§ 62.65 Procedure for reporting defects and discrepancies.,USCG,,,"[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by USCG-2000-7223, 65 FR 40054, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; USCG-2001-10714, 69 FR 24982, May 5, 2004; USCG-2008-0179, 73 FR 35002, June 19, 2008]","(a) Mariners should notify the nearest Coast Guard facility immediately of any observed aids to navigation defects or discrepancies. (b) The Coast Guard cannot monitor the many thousands of aids in the U.S. Aids to Navigation System simultaneously and continuously. As a result, it is not possible to maintain every aid operating properly and on its charted position at all times. Marine safety will be enhanced if persons finding aids missing, sunk, capsized, damaged, off station, or showing characteristics other than those advertised in the Light List, or other publication, promptly inform the Coast Guard. When making the report to the Coast Guard the mariner should consult the Light List to ensure the correct geographical information is used due to the similarity of names and geographical areas. (c) Procedures for reporting defects and discrepancies: (1) Radio messages should be prefixed “Coast Guard” and transmitted directly to a Government shore radio station listed in Chapter three of Radio Navigation Aids Publication, 117, for relay to the relevant District Commander. (2) Telephone, e-mail, or facsimile messages may also be used to advise the nearest Coast Guard unit of defects or discrepancies in aids to navigation. (3) Via our Web portal at http://www.navcen.uscg.gov." 38:38:2.0.1.1.26.0.360.1,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.1 Purpose.,VA,,,,"This part implements the Supportive Services for Veteran Families Program, which provides supportive services grants to eligible entities to facilitate the provision of supportive services to very low-income veteran families who are occupying permanent housing." 38:38:2.0.1.1.26.0.360.10,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.25 Selecting grantees for renewal of supportive services grants.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 82 FR 41526, Sept. 1, 2017]","VA will use the following process to select grantees applying for renewal of supportive services grants: (a) So long as the grantee continues to meet the threshold requirements set forth in § 62.21, VA will score the grantee using the scoring criteria set forth in § 62.24. (b) VA will rank those grantees who receive at least the minimum amount of total points and points per category set forth in the Notice of Fund Availability. The grantees will be ranked in order from highest to lowest scores. (c) VA will use the grantee's ranking as the basis for selection for funding. VA will fund the highest-ranked grantees for which funding is available. (d) At its discretion, VA may award any non-renewed funds to an applicant or existing grantee. If VA chooses to award non-renewed funds to an applicant or existing grantee, funds will be awarded as follows: (1) VA will first offer to award the non-renewed funds to the applicant or grantee with the highest grant score under the relevant Notice of Fund Availability that applies for, or is awarded a renewal grant in, the same community as, or a proximate community to, the affected community. Such applicant or grantee must have the capacity and agree to provide prompt services to the affected community. Under this § 62.25, the relevant Notice of Fund Availability is the most recently published Notice of Fund Availability which covers the geographic area that includes the affected community, or for multi-year grant awards, the Notice of Fund Availability for which the grantee, who is offered the additional funds, received the multi-year award. (2) If the first such applicant or grantee offered the non-renewed funds refuses the funds, VA will offer to award the funds to the next highest-ranked such applicant or grantee, per the criteria in paragraph (d)(1) of this section, and continue on in rank order until the non-renewed funds are awarded." 38:38:2.0.1.1.26.0.360.11,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.30 Supportive service: Outreach services.,VA,,,,"(a) Grantees must provide outreach services and use their best efforts to ensure that hard-to-reach very low-income veteran families occupying permanent housing are found, engaged, and provided supportive services. (b) Outreach services must include active liaison with local VA facilities, State, local, tribal (if any), and private agencies and organizations providing supportive services to very low-income veteran families in the area or community to be served by the grantee." 38:38:2.0.1.1.26.0.360.12,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.31 Supportive service: Case management services.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9611, Feb. 24, 2015]","Grantees must provide case management services that prioritize housing stability as the primary goal of SSVF services and include, at a minimum: (a) Performing a careful assessment of participant functions and developing and monitoring case plans in coordination with a formal assessment of supportive services needed, including necessary follow-up activities, to ensure that the participant's needs are adequately addressed; (b) Establishing linkages with appropriate agencies and service providers in the area or community to help participants obtain needed supportive services; (c) Providing referrals to participants and related activities (such as scheduling appointments for participants) to help participants obtain needed supportive services, such as medical, social, and educational assistance or other supportive services to address participants' identified needs and goals; (d) Deciding how resources are allocated to participants on the basis of need; (e) Educating participants on issues, including, but not limited to, supportive services availability and participant rights; and (f) Assisting participants in locating, obtaining, and retaining suitable permanent housing. Such activities may include: Identifying appropriate permanent housing and landlords willing to work with homeless veteran families; tenant counseling; mediation with landlords; and outreach to landlords." 38:38:2.0.1.1.26.0.360.13,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.32 Supportive service: Assistance in obtaining VA benefits.,VA,,,,"(a) Grantees must assist participants in obtaining any benefits from VA for which the participants are eligible. Such benefits include, but are not limited to: (1) Vocational and rehabilitation counseling; (2) Employment and training service; (3) Educational assistance; and (4) Health care services. (b) Grantees are not permitted to represent participants before VA with respect to a claim for VA benefits unless they are recognized for that purpose pursuant to 38 U.S.C. 5902. Employees and members of grantees are not permitted to provide such representation unless the individual providing representation is accredited pursuant to 38 U.S.C. chapter 59." 38:38:2.0.1.1.26.0.360.14,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.33 Supportive service: Assistance in obtaining and coordinating other public benefits.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9611, Feb. 24, 2015]","Grantees must assist participants to obtain and coordinate the provision of other public benefits, including at a minimum those listed in paragraphs (a) through (i) below, that are being provided by Federal, State, local, or tribal agencies, or any eligible entity in the area or community served by the grantee by referring the participant to and coordinating with such entity. If a public benefit is not being provided by Federal, State, local, or tribal agencies, or any eligible entity in the area or community, the grantee is not required to obtain, coordinate, or provide such public benefit. Grantees may also elect to provide directly to participants the public benefits identified in paragraphs (c) through (i) below. When grantees directly provide such benefits, the grantees must comply with the same requirements as a third party provider of such benefits. (a) Health care services, which include: (1) Health insurance; and (2) Referral to a governmental or eligible entity that provides any of the following services: (i) Hospital care, nursing home care, out-patient care, mental health care, preventive care, habilitative and rehabilitative care, case management, respite care, and home care; (ii) The training of any very low-income veteran family member in the care of any very low-income veteran family member; and (iii) The provision of pharmaceuticals, supplies, equipment, devices, appliances, and assistive technology. (b) Daily living services, which may consist of the referral of a participant, as appropriate, to an entity that provides services relating to the functions or tasks for self-care usually performed in the normal course of a day, including, but not limited to, eating, bathing, grooming, dressing, and home management activities. (c) Personal financial planning services, which include, at a minimum, providing recommendations regarding day-to-day finances and achieving long-term budgeting and financial goals. SSVF funds may pay for credit counseling and other services necessary to assist participants with critical skills related to household budgeting, managing money, accessing a free personal credit report, and resolving credit problems. (d) Transportation services. (1) The grantee may provide temporary transportation services directly to participants if the grantee determines such assistance is necessary; however, the preferred method of direct provision of transportation services is the provision of tokens, vouchers, or other appropriate instruments so that participants may use available public transportation options. (2) If public transportation options are not sufficient within an area or community, costs related to the lease of vehicle(s) may be included in a supportive services grant application if the applicant or grantee, as applicable, agrees that: (i) The vehicle(s) will be safe, accessible, and equipped to meet the needs of the participants; (ii) The vehicle(s) will be maintained in accordance with the manufacturer's recommendations; and (iii) All transportation personnel (employees and subcontractors) will be trained in managing any special needs of participants and handling emergency situations. (3) The grantee may make payments on behalf of a participant needing car repairs or maintenance required to operate the vehicle if the payment will allow the participant to remain in permanent housing or obtain permanent housing, subject to the following: (i) Payments for car repairs or maintenance on behalf of the participant may not exceed $1,200 during a 3-year period, such period beginning on the date the grantee first pays for any car repairs or maintenance on behalf of the participant. (ii) Payments for car repairs or maintenance must be reasonable and must be paid by the grantee directly to the third party that repairs or maintains the car. (iii) Grantees may require participants to share in the cost of car repairs or maintenance as a condition of receiving assistance with car repairs or maintenance. (e) Income support services, which may consist of providing assistance in obtaining other Federal, State, tribal and local assistance, in the form of, but not limited to, mental health benefits, employment counseling, medical assistance, veterans' benefits, and income support assistance. (f) Fiduciary and representative payee services, which may consist of acting on behalf of a participant by receiving the participant's paychecks, benefits or other income, and using those funds for the current and foreseeable needs of the participant and saving any remaining funds for the participant's future use in an interest bearing account or saving bonds. (g) Legal services, including court filing fees, to assist a participant with issues that interfere with the participant's ability to obtain or retain permanent housing or supportive services, including issues that affect the participant's employability and financial security (such as the lack of a driver's license). However, SSVF funds may not be used to pay for court-ordered judgments or fines, pursuant to § 62.38. (h) Child care for children under the age of 13, unless disabled. Disabled children must be under the age of 18. Child care includes the: (1) Referral of a participant, as appropriate, to an eligible child care provider that provides child care with sufficient hours of operation and serves appropriate ages, as needed by the participant; and (2) Payment by a grantee on behalf of a participant for child care by an eligible child care provider. (i) Payments for child care services must be paid by the grantee directly to an eligible child care provider and cannot exceed a maximum of 6 months in a 12-month period, and 10 months during a 2-year period, such period beginning on the date that the grantee first pays for child care services on behalf of the participant. For extremely low-income veteran families, payments for child care services on behalf of that participant cannot exceed 9 months in a 12-month period and 12 months during a 2-year period, such period beginning on the date that the grantee first pays for child care services on behalf of the participant. (iii) Payments for child care services cannot be provided on behalf of participants for the same period of time and for the same cost types that are being provided through another Federal, State or local subsidy program. (iv) As a condition of providing payments for child care services, the grantee must help the participant develop a reasonable plan to address the participant's future ability to pay for child care services. Grantees must assist the participant to implement such plan by providing any necessary assistance or helping the participant to obtain any necessary public or private benefits or services. (i) Housing counseling, which includes the provision of counseling relating to the stabilization of a participant's residence in permanent housing. At a minimum, housing counseling includes providing referrals to appropriate local, tribal, State, and Federal resources, and providing counseling, education and outreach directly to participants on the following topics, as appropriate: (1) Housing search assistance, including the location of vacant units, the scheduling of appointments, viewing apartments, reviewing tenant leases, and negotiating with landlords on behalf of a participant; (2) Rental and rent subsidy programs; (3) Federal, State, tribal, or local assistance; (4) Fair housing; (5) Landlord tenant laws; (6) Lease terms; (7) Rent delinquency; (8) Resolution or prevention of mortgage delinquency, including, but not limited to, default and foreclosure, loss mitigation, budgeting, and credit; and (9) Home maintenance and financial management." 38:38:2.0.1.1.26.0.360.15,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.34 Other supportive services.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9611, Feb. 24, 2015; 84 FR 45077, Aug. 28, 2019; 86 FR 62485, Nov. 10, 2021]","Grantees may provide the following services which are necessary for maintaining independent living in permanent housing and housing stability: (a) Rental assistance. Payment of rent, penalties or fees to help the participant remain in permanent housing or obtain permanent housing. (1) A participant may receive rental assistance for a maximum of 10 months during a 2-year period (consecutive or nonconsecutive), such period beginning on the date that the grantee first pays rent on behalf of the participant; however, a participant cannot receive rental assistance for more than 6 months in any 12-month period beginning on the date that the grantee first pays rent on behalf of the participant. For extremely low-income veteran families, payments for rent cannot exceed 9 months in any 12-month period and 12 months during a 2-year period, such period beginning on the date that the grantee first pays rent on behalf of the participant. The rental assistance may be for rental payments that are currently due or are in arrears, and for the payment of penalties or fees incurred by a participant and required to be paid by the participant under an existing lease or court order. In all instances, rental assistance may only be provided if the payment of such rental assistance will directly allow the participant to remain in permanent housing or obtain permanent housing. (2) Rental assistance must be paid by the grantee directly to the third party to whom rent is owed. (3) As a condition of providing rental assistance, the grantee must help the participant develop a reasonable plan to address the participant's future ability to pay rent. Grantees must assist the participant to implement such plan by providing any necessary assistance or helping the participant to obtain any necessary public or private benefits or services. (4) The rental assistance paid by a grantee must be in compliance with the following “rent reasonableness” standard. “Rent reasonableness” means the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the property owner during the same time period for comparable non-luxury unassisted units. To make this determination, the grantee should consider: (i) The location, quality, size, type, and age of the unit; and (ii) Any amenities, housing services, maintenance, and utilities to be provided by the property owner. Comparable rents can be checked by using a market study, by reviewing comparable units advertised for rent, or using a note from the property owner verifying the comparability of charged rents to other units owned by the property owner. Prior to providing rental assistance in the form of payment of penalties or fees incurred by a participant, the grantee must determine that such penalties or fees are reasonable. (5) With respect to shared housing arrangements, the rent charged for a participant must be in relation to the size of the private space for that participant in comparison to other private space in the shared unit, excluding common space. A participant may be assigned a pro rata portion based on the ratio derived by dividing the number of bedrooms in their private space by the number of bedrooms in the unit. Participation in shared housing arrangements must be voluntary. (6) Rental assistance payments cannot be provided on behalf of participants for the same period of time and for the same cost types that are being provided through another Federal housing subsidy program; however, such payments may be provided even though the participant is receiving State and local housing subsidy funds as long as the total subsidy received (including payments under this section) does not exceed the rent. (7) Grantees may require participants to share in the cost of rent as a condition of receiving rental assistance. (8) Extremely low-income veteran families and very low-income veteran families who meet the criteria of § 62.11 may be eligible to receive a rental subsidy as follows: (i) For a 2-year period without recertification. (ii) The applicable counties will be published annually in the Federal Register. A family must live in one of these applicable counties to be eligible for this subsidy. The counties will be chosen based on the cost and availability of affordable housing for both individuals and families within that county. (iii) The maximum amount of this rental subsidy is 50 percent of reasonable rent as defined by paragraph (a)(4) of this section. Grantees must collaborate with their local Continuum of Care (CoC) as defined at 24 CFR 578.3 to determine the proper subsidy amounts to be used by all grantees in each applicable county. (iv) Grantees must provide a letter of support from their local CoC to the Supportive Services for Veteran Families (SSVF) Program Office when requesting VA approval of this subsidy. The SSVF Program Office must approve all subsidy requests before the subsidy is used. (v) Very low-income veteran families may receive this subsidy for a period of two years before recertification minus the number of months in which the recipient received the rental assistance provided under paragraph (a)(1) of this section. (vi) Extremely low-income veteran families may receive this subsidy for up to a 2-year period before recertification following receipt of rental assistance under paragraph (a)(1) of this section. (vii) For any month, the total rental payments provided to a family under this paragraph (a)(8) cannot be more than the total amount of rent. Payment of this subsidy by a grantee must conform to the requirements set forth in paragraphs (a)(2) through (7) of this section. The rental subsidy amount will not change for the veteran family in the second year of the two-year period, even if the annual amount published changes. (viii) A veteran family will not need to be recertified as a very low-income veteran family as provided for by § 62.36(a) during the initial two-year period. After an initial two-year period, a family receiving this subsidy, or a combination of the rental assistance under paragraph (a)(1) of this section and this subsidy, may continue to receive rental payments under this section, but would require recertification at that time and once every two years. (b) Utility-fee payment assistance. Payment of utility fees to help the participant to remain in permanent housing or obtain permanent housing. (1) A participant may receive payments for utilities for a maximum of 10 months during a 2-year period, such period beginning on the date that the grantee first pays utility fees on behalf of the participant; provided, however, that a participant cannot receive payments for utilities for more than 6 months in any 12-month period beginning on the date that the grantee first pays a utility payment on behalf of the participant. For extremely low-income veteran families, payments for utilities cannot exceed 9 months in any 12-month period and 12 months during a 2-year period, such periods beginning on the date that the grantee first pays a utility payment on behalf of the participant. The payment for utilities may be for utility payments that are currently due or are in arrears, provided that the payment of such utilities will allow the participant to remain in permanent housing or obtain permanent housing. (2) Payments for utilities must be paid by the grantee directly to a utility company. Payments for utilities only will be available if a participant, a legal representative of the participant, or a member of his/her household, has an account in his/her name with a utility company or proof of responsibility to make utility payments, such as cancelled checks or receipts in his/her name from a utility company. (3) As a condition of providing payments for utilities, the grantee must help the participant develop a reasonable plan to address the participant's future ability to pay utility payments. Grantees must assist the participant to implement such plan by providing any necessary assistance or helping the participant to obtain any necessary public or private benefits or services. (4) Payments for utilities cannot be provided on behalf of participants for the same period of time and for the same cost types that are being provided through another Federal, State, or local program. (5) Grantees may require participants to share in the cost of utility payments as a condition of receiving payments for utilities. (c) Deposits. Payment of security deposits or utility deposits to help the participant remain in permanent housing or obtain permanent housing. (1) A participant may receive assistance with the payment of a security deposit a maximum of one time in every 2-year period, such period beginning on the date the grantee pays a security deposit on behalf of a participant. (2) A participant may receive assistance with the payment of a utility deposit a maximum of one time in every 2-year period, such period beginning on the date the grantee pays a utility deposit on behalf of a participant. (3) Any security deposit or utility deposit must be paid by the grantee directly to the third party to whom the security deposit or utility deposit is owed. The payment of such deposit must allow the participant to remain in the participant's existing permanent housing or help the participant to obtain and remain in permanent housing selected by the participant. (4) As a condition of providing a security deposit payment or a utility deposit payment, the grantee must help the participant develop a reasonable plan to address the participant's future housing stability. Grantees must assist the participant to implement such plan by providing any necessary assistance or helping the participant to obtain any necessary public or private benefits or services. (5) Security deposits and utility deposits covering the same period of time in which assistance is being provided through another housing subsidy program are eligible, as long as they cover separate cost types. (6) Grantees may require participants to share in the cost of the security deposit or utility deposit as a condition of receiving assistance with such deposit. (d) Moving costs. Payment of moving costs to help the participant to obtain permanent housing. (1) A participant may receive assistance with moving costs a maximum of one time in every 3-year period, such period beginning on the date the grantee pays moving costs on behalf of a participant. (2) Moving costs assistance must be paid by the grantee directly to a third party. Moving costs assistance includes reasonable moving costs, such as truck rental, hiring a moving company, or short-term storage fees for a maximum of 3 months or until the participant is in permanent housing, whichever is shorter. (3) As a condition of providing moving costs assistance, the grantee must help the participant develop a reasonable plan to address the participant's future housing stability. Grantees must assist the participant to implement such plan by providing any necessary assistance or helping the participant to obtain any necessary public or private benefits or services. (4) Moving costs assistance payments cannot be provided on behalf of participants for the same period of time and for the same cost types that are being provided through another Federal, State, or local program. (5) Grantees may require participants to share in the cost of moving as a condition of receiving assistance with moving costs. (e) General housing stability assistance. (1) A grantee may provide to a participant items necessary for a participant's life or safety on a temporary basis, in order to address a participant's emergency situation. (2) A grantee may pay directly to a third party (and not to a participant), in an amount not to exceed $1,800, per participant during any 2-year period, beginning on the date that the grantee first submits a payment to a third party. This cap will be adjusted annually based on the Consumer Price Index for all Urban Consumers (CPI-U). This amount is for the following types of expenses: (i) Expenses associated with gaining or keeping employment, such as obtaining uniforms, tools, certifications, and licenses. (ii) Expenses associated with moving into permanent housing, such as obtaining basic kitchen utensils, bedding, and other supplies. (iii) Expenses necessary for securing appropriate permanent housing, such as fees for housing applications, housing inspections, or background checks. (3) A grantee may pay directly to a third party (and not to a participant) a reasonable amount for a broker's fee when such a third party has assisted in identifying permanent housing. The reasonableness of a fee will be determined based on conditions in the local housing market. (f) Emergency housing assistance. If permanent housing, appropriate shelter beds and transitional housing are not available and subsequent rental housing has been identified generally but is not immediately available for move-in by the participant, then a grantee may place a participant in emergency housing, subject to the following limitations: (1) Placement for a single veteran may not exceed 72 hours, unless the grantee can certify that appropriate shelter beds and transitional housing are still unavailable at the end of the 72 hour period. (2) Placement for a veteran and his or her spouse with dependent(s) may not exceed 60 days. (3) A participant may be placed in emergency housing only once during any 2-year period, beginning on the date that the grantee first pays for emergency housing on behalf of the participant. (4) Permanent housing will be available before the end of the period during which the participant is placed in emergency housing. (5) The cost of the emergency housing must be reasonable in relation to the costs charged for other available emergency housing considering the location, quality, size, and type of the emergency housing. (g) Other. Other services as set forth in the Notice of Fund Availability or as approved by VA that are consistent with the Supportive Services for Veteran Families Program. Applicants may propose additional services in their supportive services grant application, and grantees may propose additional services by submitting a written request to modify the supportive services grant in accordance with § 62.60." 38:38:2.0.1.1.26.0.360.16,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.35 Limitations on and continuations of the provision of supportive services to certain participants.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9612, Feb. 24, 2015]","(a) Extremely low-income veteran families. A participant classified as an extremely low-income veteran family will retain that designation as long as the participant continues to meet all other eligibility requirements. (b) Limitations on the provision of supportive services to participants classified under § 62.11(c). (1) A grantee may provide supportive services to a participant classified under § 62.11(c) until the earlier of the following dates: (i) The participant commences receipt of other housing services adequate to meet the participant's needs; or (ii) Ninety days from the date the participant exits permanent housing. (2) Supportive services provided to participants classified under § 62.11(c) must be designed to support the participants in their choice to transition into housing that is responsive to their individual needs and preferences. (c) Continuation of supportive services to veteran family member(s). If a veteran becomes absent from a household or dies while other members of the veteran family are receiving supportive services, then such supportive services must continue for a grace period following the absence or death of the veteran. The grantee must establish a reasonable grace period for continued participation by the veteran's family member(s), but that period may not exceed 1 year from the date of absence or death of the veteran, subject to the requirements of paragraphs (a) and (b) of this section. The grantee must notify the veteran's family member(s) of the duration of the grace period. (d) Referral for other assistance. If a participant becomes ineligible to receive supportive services under this section, the grantee must provide the participant with information on other available programs or resources. (e) Families fleeing domestic violence. Notwithstanding the limitations in § 62.34 concerning the maximum amount of assistance a family can receive during defined periods of time, a household may receive additional assistance if it otherwise qualifies for assistance under this Part and is fleeing from a domestic violence situation. A family may qualify for assistance even if the veteran is the aggressor or perpetrator of the domestic violence. Receipt of assistance under this provision resets the tolling period for the limitations on the maximum amount of support that can be provided in a given amount of time under § 62.34." 38:38:2.0.1.1.26.0.360.17,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.36 General operation requirements.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9612, Feb. 24, 2015; 82 FR 41526, Sept. 1, 2017]","(a) Eligibility documentation. Prior to providing supportive services, grantees must verify and document each participant's eligibility for supportive services and classify the participant under one of the categories set forth in § 62.11. Grantees must recertify the participant's eligibility as a very low-income veteran family at least once every 3 months. (b) Confidentiality. Grantees must maintain the confidentiality of records kept on participants. Grantees that provide family violence prevention or treatment services must establish and implement procedures to ensure the confidentiality of: (1) Records pertaining to any individual provided services, and (2) The address or location where the services are provided. (c) Notifications to participants. (1) Prior to initially providing supportive services to a participant, the grantee must notify each participant of the following: (i) The supportive services are being paid for, in whole or in part, by VA; (ii) The supportive services available to the participant through the grantee's program; and (iii) Any conditions or restrictions on the receipt of supportive services by the participant. (2) The grantee must provide each participant with a satisfaction survey, which the participant can submit directly to VA, within 30 days of such participant's pending exit from the grantee's program. (d) Assessment of funds. Grantees must regularly assess how supportive services grant funds can be used in conjunction with other available funds and services to assist participants. (e) Administration of supportive services grants. Grantees must ensure that supportive services grants are administered in accordance with the requirements of this part, the supportive services grant agreement, and other applicable laws and regulations. Grantees are responsible for ensuring that any subcontractors carry out activities in compliance with this part. (f) Habitability standards. (1) Grantees using supportive services grant funds to provide rental assistance, payments of utilities fees, security deposits, or utilities deposits, as set forth under § 62.34, on behalf of a participant moving into a new (different) housing unit will be required to conduct initial and any appropriate follow-up inspections of the housing unit into which the participant will be moving. Such inspections shall ensure that the housing unit meets the conditions set forth in 24 CFR 583.300(b) and do not require the use of a certified inspector. Inspections should occur no later than three (3) working days after the housing unit has been identified to the SSVF grantee, unless the Alternative Inspection Method is used to meet the requirements of this paragraph. (2) Alternative inspection method. An inspection of a property will be valid for purposes of this paragraph if: (i) The inspection was conducted pursuant to the requirements of a Federal, State, or local housing program (including, but not limited to, the Home investment partnership program under title II of the Cranston-Gonzalez National Affordable Housing Act or the low-income housing tax credit program under section 42 of the Internal Revenue Code of 1986); (ii) If the inspection was not conducted pursuant to the requirements of a Federal housing program, the public housing agency has certified to the Secretary that such standard or requirement provides the same (or greater) protection to occupants of inspected dwelling units; (iii) Pursuant to the inspection, the property was determined to meet the requirements regarding housing quality or safety applicable to properties assisted under such program; and (iv) The inspection was conducted within the past 2 years. (g) Continuum of Care coordinated assessment. Grantees must participate in the development, implementation, and ongoing operations of their local Continuum of Care's coordinated assessment system, or equivalent, as described in the McKinney-Vento Act, as amended by the HEARTH Act (42 U.S.C. 11302)." 38:38:2.0.1.1.26.0.360.18,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.37 Fee prohibition.,VA,,,,Grantees must not charge a fee to very low-income veteran families for providing supportive services that are funded with amounts from a supportive services grant. 38:38:2.0.1.1.26.0.360.19,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.38 Ineligible activities.,VA,,,"[80 FR 9613, Feb. 24, 2015]","Notwithstanding any other section in this part, grantees are not authorized to use supportive services grant funds to pay for the following: (a) Mortgage costs or costs needed by homeowners to assist with any fees, taxes, or other costs of refinancing. (b) Construction or rehabilitation of buildings. (c) Home care and home health aides typically used to provide care in support of daily living activities. This includes care that is focused on treatment for an injury or illness, rehabilitation, or other assistance generally required to assist those with handicaps or other physical limitations. (d) Credit card bills or other consumer debt. (e) Medical or dental care and medicines. (f) Direct cash assistance to participants. (g) Court-ordered judgments or fines, except for those supported under § 62.34(a)(1). (h) Pet care. (i) Entertainment activities." 38:38:2.0.1.1.26.0.360.2,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.2 Definitions.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9610, Feb. 24, 2015; 82 FR 51160, Nov. 3, 2017]","For purposes of this part and any Notice of Fund Availability issued under this part: Applicant means an eligible entity that submits an application for a supportive services grant announced in a Notice of Fund Availability. Area or community means a political subdivision or contiguous political subdivisions (such as a precinct, ward, borough, city, county, State, Congressional district or tribal reservation) with an identifiable population of very low-income veteran families. Consumer cooperative has the meaning given such term in section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). Date of completion means the earliest of the following dates: (1) The date on which all required work is completed; (2) The date specified in the supportive services grant agreement, or any supplement or amendment thereto; or (3) The effective date of a supportive services grant termination under § 62.80(c). Disallowed costs means costs charged by a grantee that VA determines to be unallowable based on applicable Federal cost principles, or based on this part or the supportive services grant agreement. Eligible child care provider means a provider of child care services for compensation, including a provider of care for a school-age child during non-school hours, that— (1) Is licensed, regulated, registered, or otherwise legally operating, under state and local law; and (2) Satisfies the state and local requirements, applicable to the child care services the provider provides. Eligible entity means a: (1) Private non-profit organization, or (2) Consumer cooperative. Emergency housing means temporary housing provided under § 62.34(f) that does not require the participant to sign a lease or occupancy agreement. Extremely low-income veteran family means a veteran family whose annual income, as determined in accordance with 24 CFR 5.609, does not exceed 30 percent of the median income for an area or community. General housing stability assistance means the provision of goods or payment of expenses that are directly related to supporting a participant's housing stability and are authorized under § 62.34(e). Grantee means an eligible entity that is awarded a supportive services grant under this part. Homeless has the meaning given that term in 24 CFR 576.2. Notice of Fund Availability means a Notice of Fund Availability published in the Federal Register in accordance with § 62.40. Occupying permanent housing means meeting any of the conditions set forth in § 62.11. Participant means a very low-income veteran family occupying permanent housing who is receiving supportive services from a grantee. Permanent housing means community-based housing without a designated length of stay where an individual or family has a lease in accord with state and Federal law that is renewable and terminable only for cause. Examples of permanent housing include, but are not limited to, a house or apartment with a month-to-month or annual lease term or home ownership. Private non-profit organization means any of the following: (1) An incorporated private institution or foundation that: (i) Has no part of the net earnings that inure to the benefit of any member, founder, contributor, or individual; (ii) Has a governing board that is responsible for the operation of the supportive services provided under this part; and (iii) Is approved by VA as to financial responsibility. (2) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of paragraphs (1)(i), (ii) and (iii) of this definition. (3) A corporation wholly owned and controlled by an organization meeting the requirements of paragraphs (1)(i), (ii), and (iii) of this definition. (4) A tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)). Rapid re-housing means an intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Rapid re-housing assistance is offered without preconditions (such as employment, income, absence of criminal record, or sobriety) and the resources and services provided are typically tailored to the unique needs of the household. The three core components of rapid re-housing include housing identification, rent and move-in financial assistance, and rapid re-housing case management and services. While a rapid re-housing program must have all three core components available, it is not required that a single entity provide all three services nor that a household utilize them all. State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State exclusive of local governments. The term does not include any public and Indian housing agency under the United States Housing Act of 1937. Subcontractor means any third party contractor, of any tier, working directly for an eligible entity. Supportive services means any of the following provided to address the needs of a participant: (1) Outreach services as specified under § 62.30. (2) Case management services as specified under § 62.31. (3) Assisting participants in obtaining VA benefits as specified under § 62.32. (4) Assisting participants in obtaining and coordinating other public benefits as specified under § 62.33. (5) Other services as specified under § 62.34. Supportive services grant means a grant awarded under this part. Supportive services grant agreement means the agreement executed between VA and a grantee as specified under § 62.50. Suspension means an action by VA that temporarily withdraws VA funding under a supportive services grant, pending corrective action by the grantee or pending a decision to terminate the supportive services grant by VA. Suspension of a supportive services grant is a separate action from suspension under VA regulations implementing Executive Orders 12549 and 12689, “Debarment and Suspension.” VA means the Department of Veterans Affairs. Very low-income veteran family means a veteran family whose annual income, as determined in accordance with 24 CFR 5.609, does not exceed 50 percent of the median income for an area or community, as will be adjusted by VA based on family size and as may be adjusted and announced by VA in the Notice of Fund Availability based on residency within an area with unusually high or low construction costs, fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)), or family incomes. Unless VA announces otherwise in the Notice of Fund Availability, the median income for an area or community will be determined using the income limits most recently published by the Department of Housing and Urban Development for programs under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). Veteran means a person who served in the active military, naval, or air service, regardless of length of service, and who was discharged or released therefrom. Veteran excludes a person who received a dishonorable discharge from the Armed Forces or was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial. The length of service restrictions under 38 U.S.C. 5303A do not apply. Veteran family means a veteran who is a single person or a family in which the head of household, or the spouse of the head of household, is a veteran. Withholding means that payment of a supportive services grant will not be paid until such time as VA determines that the grantee provides sufficiently adequate documentation and/or actions to correct a deficiency for the supportive services grant. Costs for supportive services provided by grantees under the supportive services grant from the date of the withholding letter would be reimbursed only if the grantee is able to submit the documentation or actions that the deficiency has been corrected to the satisfaction of VA." 38:38:2.0.1.1.26.0.360.20,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.40 Notice of Fund Availability.,VA,,,,"When funds are available for supportive services grants, VA will publish a Notice of Fund Availability in the Federal Register. The notice will identify: (a) The location for obtaining supportive services grant applications; (b) The date, time, and place for submitting completed supportive services grant applications; (c) The estimated amount and type of supportive services grant funding available; (d) Any priorities for or exclusions from funding to meet the statutory mandates of 38 U.S.C. 2044 and VA goals for the Supportive Services for Veteran Families Program; (e) The length of term for the supportive services grant award; (f) The minimum number of total points and points per category that an applicant or grantee, as applicable, must receive in order for a supportive services grant to be funded; (g) Any maximum uses of supportive services grant funds for specific supportive services; (h) The timeframes and manner for payments under the supportive services grant; and (i) Other information necessary for the supportive services grant application process as determined by VA." 38:38:2.0.1.1.26.0.360.21,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.50 Supportive services grant agreements.,VA,,,,"(a) After an applicant is selected for a supportive services grant in accordance with § 62.23, VA will draft a supportive services grant agreement to be executed by VA and the applicant. Upon execution of the supportive services grant agreement, VA will obligate supportive services grant funds to cover the amount of the approved supportive services grant, subject to the availability of funding. The supportive services grant agreement will provide that the grantee agrees, and will ensure that each subcontractor agrees, to: (1) Operate the program in accordance with the provisions of this part and the applicant's supportive services grant application; (2) Comply with such other terms and conditions, including recordkeeping and reports for program monitoring and evaluation purposes, as VA may establish for purposes of carrying out the Supportive Services for Veteran Families Program, in an effective and efficient manner; and (3) Provide such additional information as deemed appropriate by VA. (b) After a grantee is selected for renewal of a supportive services grant in accordance with § 62.25, VA will draft a supportive services grant agreement to be executed by VA and the grantee. Upon execution of the supportive services grant agreement, VA will obligate supportive services grant funds to cover the amount of the approved supportive services grant, subject to the availability of funding. The supportive services grant agreement will contain the same provisions described in paragraph (a) of this section. (c) No funds provided under this part may be used to replace Federal, State, tribal, or local funds previously used, or designated for use, to assist very low-income veteran families." 38:38:2.0.1.1.26.0.360.22,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.51 Payments under the supportive services grant.,VA,,,,Grantees are to be paid in accordance with the timeframes and manner set forth in the Notice of Fund Availability. 38:38:2.0.1.1.26.0.360.23,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.60 Program or budget changes and corrective action plans.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9613, Feb. 24, 2015]","(a) A grantee must submit to VA a written request to modify a supportive services grant for any proposed significant change that will alter the supportive services grant program. If VA approves such change, VA will issue a written amendment to the supportive services grant agreement. A grantee must receive VA's approval prior to implementing a significant change. Significant changes include, but are not limited to, a change in the grantee or any subcontractors identified in the supportive services grant agreement; a change in the area or community served by the grantee; additions or deletions of supportive services provided by the grantee; a change in category of participants to be served; and a change in budget line items that are more than 10 percent of the total supportive services grant award. (1) VA's approval of changes is contingent upon the grantee's amended application retaining a high enough rank to have been competitively selected for funding in the year that the application was granted. (2) Each supportive services grant modification request must contain a description of the revised proposed use of supportive services grant funds. (b) VA may require that the grantee initiate, develop and submit to VA for approval a Corrective Action Plan (CAP) if, on a quarterly basis, actual supportive services grant expenditures vary from the amount disbursed to a grantee for that same quarter or actual supportive services grant activities vary from the grantee's program description provided in the supportive services grant agreement. (1) The CAP must identify the expenditure or activity source that has caused the deviation, describe the reason(s) for the variance, provide specific proposed corrective action(s), and provide a timetable for accomplishment of the corrective action. (2) After receipt of the CAP, VA will send a letter to the grantee indicating that the CAP is approved or disapproved. If disapproved, VA will make beneficial suggestions to improve the proposed CAP and request resubmission, or take other actions in accordance with this part. (c) Grantees must inform VA in writing of any key personnel changes (e.g., new executive director, supportive services grant program director, or chief financial officer) and grantee address changes within 30 days of the change." 38:38:2.0.1.1.26.0.360.24,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.61 Procedural error.,VA,,,,"If an applicant would have been selected but for a procedural error committed by VA, VA may select that applicant for funding when sufficient funds become available if there is no material change in the information that would have resulted in the applicant's selection. A new application will not be required for this purpose." 38:38:2.0.1.1.26.0.360.25,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.62 Faith-based organizations.,VA,,,"[85 FR 82145, Dec. 17, 2020, as amended at 89 FR 15721, Mar. 4, 2024]","(a) Organizations that are faith-based are eligible, on the same basis as any other organization, to participate in the Supportive Services for Veteran Families Program under this part. Decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not on the basis of religion or religious belief or lack thereof. (b)(1) No organization may use direct financial assistance from VA under this part to pay for any of the following: (i) Explicitly religious activities such as, religious worship, instruction, or proselytization; or (ii) Equipment or supplies to be used for any of those activities. (2) For purposes of this section, “indirect Federal financial assistance” means Federal financial assistance in which a service provider receives program funds through a voucher, certificate, agreement, or other form of disbursement, wholly as a result of the genuinely independent and private choice of a beneficiary, not a choice of the Government. The availability of adequate secular alternatives is a significant factor in determining whether a program affords true private choice. “Direct Federal financial assistance” means Federal financial assistance received by an entity selected by the Government or a pass-through entity as defined in 38 CFR 50.1(d) to provide or carry out a service ( e.g., by contract, grant, or cooperative agreement). References to “financial assistance” will be deemed to be references to direct Federal financial assistance, unless the referenced assistance meets the definition of “indirect Federal financial assistance” in this paragraph (b)(2). (c) Organizations that engage in explicitly religious activities, such as worship, religious instruction, or proselytization, must offer those services separately in time or location from any programs or services funded with direct financial assistance from VA under this part, and participation in any of the organization's explicitly religious activities must be voluntary for the beneficiaries of a program or service funded by direct financial assistance from VA under this part. (d) A faith-based organization that participates in the Supportive Services for Veteran Families Program under this part will retain its independence from Federal, State, or local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct financial assistance from VA under this part to support any explicitly religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities to provide VA-funded services under this part, without concealing, removing, or altering religious art, icons, scripture, or other religious symbols. In addition, a VA-funded faith-based organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members and otherwise govern itself on a religious basis, and include religious reference in its organization's mission statements and other governing documents. (e) An organization that participates in a VA program under this part shall not, in providing direct program assistance, discriminate against a program beneficiary or prospective program beneficiary regarding housing, supportive services, or technical assistance, on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. (f) If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, this provision applies to all of the commingled funds. (g) To the extent otherwise permitted by Federal law, the restrictions on explicitly religious activities set forth in this section do not apply where VA funds are provided to faith-based organizations through indirect assistance wholly as a result of a genuinely independent and private choice of a beneficiary, provided the faith-based organizations otherwise satisfy the requirements of this part. A faith-based organization may receive such funds as the result of a beneficiary's genuine and independent choice if, for example, a beneficiary redeems a voucher, coupon, or certificate, allowing the beneficiary to direct where funds are to be paid, or a similar funding mechanism provided to that beneficiary and designed to give that beneficiary a choice among providers." 38:38:2.0.1.1.26.0.360.26,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.63 Visits to monitor operations and compliance.,VA,,,,"(a) VA has the right, at all reasonable times, to make visits to all grantee locations where a grantee is using supportive services grant funds in order to review grantee accomplishments and management control systems and to provide such technical assistance as may be required. VA may conduct inspections of all program locations and records of a grantee at such times as are deemed necessary to determine compliance with the provisions of this part. In the event that a grantee delivers services in a participant's home, or at a location away from the grantee's place of business, VA may accompany the grantee. If the grantee's visit is to the participant's home, VA will only accompany the grantee with the consent of the participant. If any visit is made by VA on the premises of the grantee or a subcontractor under the supportive services grant, the grantee must provide, and must require its subcontractors to provide, all reasonable facilities and assistance for the safety and convenience of the VA representatives in the performance of their duties. All visits and evaluations will be performed in such a manner as will not unduly delay services. (b) The authority to inspect carries with it no authority over the management or control of any applicant or grantee under this part." 38:38:2.0.1.1.26.0.360.27,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.70 Financial management and administrative costs.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 43323, July 22, 2015]","(a) Grantees must comply with applicable requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR part 200. (b) Grantees must use a financial management system that provides adequate fiscal control and accounting records and meets the requirements set forth in 2 CFR part 200. (c) Payment up to the amount specified in the supportive services grant must be made only for allowable, allocable, and reasonable costs in conducting the work under the supportive services grant. The determination of allowable costs must be made in accordance with the applicable Federal Cost Principles set forth in 2 CFR part 200. (d) Grantees are subject to the Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations, codified at 38 CFR Part 49. (e) Costs for administration by a grantee must not exceed 10 percent of the total amount of the supportive services grant. Administrative costs will consist of all direct and indirect costs associated with the management of the program. These costs will include the administrative costs, both direct and indirect, of subcontractors." 38:38:2.0.1.1.26.0.360.28,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.71 Grantee reporting requirements.,VA,,,,"(a) VA may require grantees to provide, in such form as may be prescribed, such reports or answers in writing to specific questions, surveys, or questionnaires as VA determines necessary to carry out the Supportive Services for Veteran Families Program. (b) If, on a quarterly basis, actual supportive services grant expenditures vary from the amount disbursed to a grantee for that same quarter or actual supportive services grant activities vary from the grantee's program description provided in the supportive services grant agreement, grantees must report the deviation to VA. For information on corrective action plans, which may be required in this circumstance, see § 62.60. (c) At least once per year, or at the frequency set by VA, each grantee must submit to VA a report containing information relating to operational effectiveness, fiscal responsibility, supportive services grant agreement compliance, and legal and regulatory compliance, including a description of the use of supportive services grant funds, the number of participants assisted, the types of supportive services provided, and any other information that VA may request. (d) Grantees must relate financial data to performance data and develop unit cost information whenever practical. (e) All pages of the reports must cite the assigned supportive services grant number and be submitted in a timely manner. (f) Grantees must provide VA with consent to post information from reports on the Internet and use such information in other ways deemed appropriate by VA. Grantees shall clearly mark information that is confidential to individual participants." 38:38:2.0.1.1.26.0.360.29,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.72 Recordkeeping.,VA,,,,Grantees must ensure that records are maintained for at least a 3-year period to document compliance with this part. Grantees must produce such records at VA's request. 38:38:2.0.1.1.26.0.360.3,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.10 Supportive services grants—general.,VA,,,,"(a) VA provides supportive services grants to eligible entities as described in this part. (b) Grantees must use at least 90 percent of supportive services grant funds to provide and coordinate the provision of supportive services to very low-income veteran families who are occupying permanent housing. (c) Grantees may use up to 10 percent of supportive services grant funds for administrative costs identified in § 62.70." 38:38:2.0.1.1.26.0.360.30,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.73 Technical assistance.,VA,,,,"VA will provide technical assistance, as necessary, to eligible entities to meet the requirements of this part. Such technical assistance will be provided either directly by VA or through grants or contracts with appropriate public or non-profit private entities." 38:38:2.0.1.1.26.0.360.31,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,"§ 62.80 Withholding, suspension, deobligation, termination, and recovery of funds by VA.",VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 82 FR 41526, Sept. 1, 2017]","(a) Recovery of funds. VA will recover from the grantee any supportive services grant funds that are not used in accordance with the requirements of this part. VA will issue to the grantee a notice of intent to recover supportive services grant funds. The grantee will then have 30 days to submit documentation demonstrating why the supportive services grant funds should not be recovered. After review of all submitted documentation, VA will determine whether action will be taken to recover the supportive services grant funds. (b) VA actions when grantee fails to comply. When a grantee fails to comply with the terms, conditions, or standards of the supportive services grant, VA may, on 7-days notice to the grantee, withhold further payment, suspend the supportive services grant, or prohibit the grantee from incurring additional obligations of supportive services grant funds, pending corrective action by the grantee or a decision to terminate in accordance with paragraph (c) of this section. VA will allow all necessary and proper costs that the grantee could not reasonably avoid during a period of suspension if such costs meet the provisions of the applicable Federal Cost Principles. (c) Termination. Supportive services grants may be terminated in whole or in part only if paragraphs (c)(1), (2), or (3) of this section apply. (1) By VA, if a grantee materially fails to comply with the terms and conditions of a supportive services grant award and this part. (2) By VA with the consent of the grantee, in which case VA and the grantee will agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. (3) By the grantee upon sending to VA written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if VA determines in the case of partial termination that the reduced or modified portion of the supportive services grant will not accomplish the purposes for which the supportive services grant was made, VA may terminate the supportive services grant in its entirety under either paragraphs (c)(1) or (2) of this section. (d) Deobligation of funds. (1) VA may deobligate all or a portion of the amounts approved for use by a grantee if: (i) The activity for which funding was approved is not provided in accordance with the approved application and the requirements of this part; (ii) Such amounts have not been expended within a 1-year period from the date of the signing of the supportive services grant agreement; (iii) Other circumstances set forth in the supportive services grant agreement authorize or require deobligation. (2) At its discretion, VA may re-advertise in a Notice of Fund Availability the availability of funds that have been deobligated under this section or award deobligated funds to an applicant or existing grantee. If VA chooses to award deobligated funds to an applicant or existing grantee, funds will be awarded as follows: (i) VA will first offer to award the deobligated funds to the applicant or grantee with the highest grant score under the relevant Notice of Fund Availability that applied for or was awarded funds in the same community as, or proximate community to, the affected community. Such applicant or grantee must have the capacity and agree to provide prompt services to the affected community. Under this section the relevant Notice of Fund Availability is the most recently published Notice of Fund Availability which covers the geographic area that includes the affected community, or for multi-year grant awards, the most recently published Notice of Fund Availability which covers the geographic area that includes the affected community for which the grantee, who is offered the additional funds, received the multi-year award. (ii) If the first such applicant or grantee offered the deobligated funds refuses the funds, VA will offer to award funds to the next highest-ranked such applicant or grantee, per to the criteria in paragraph (d)(2)(i) of this section, and continue on in rank order until all deobligated funds are awarded." 38:38:2.0.1.1.26.0.360.32,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.81 Supportive services grant closeout procedures.,VA,,,,"Supportive services grants will be closed out in accordance with the following procedures upon the date of completion: (a) No later than 90 days after the date of completion, the grantee must refund to VA any unobligated (unencumbered) balance of supportive services grant funds that are not authorized by VA to be retained by the grantee. (b) No later than 90 days after the date of completion, the grantee must submit all financial, performance and other reports required by VA to closeout the supportive services grant. VA may authorize extensions when requested by the grantee. (c) If a final audit has not been completed prior to the date of completion, VA retains the right to recover an appropriate amount after considering the recommendations on disallowed costs once the final audit has been completed." 38:38:2.0.1.1.26.0.360.4,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.11 Participants—occupying permanent housing.,VA,,,"[80 FR 9610, Feb. 24, 2015]","A very low-income veteran family will be considered to be occupying permanent housing if the very low-income veteran family: (a) Is residing in permanent housing and at risk of becoming homeless, per conditions in paragraph (b)(1) of this section, but for the grantee's assistance; (b)(1) Is lacking a fixed, regular, and adequate nighttime residence, meaning: (i) That the veteran family's primary nighttime residence is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned bus or train station, airport, or camping ground; (ii) That the veteran family is living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or (iii) That the veteran family is exiting an institution where the veteran family resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; (2) Are at risk to remain in the situation described in paragraph (b)(1) of this section but for the grantee's assistance; and (3) Scheduled to become a resident of permanent housing within 90 days pending the location or development of housing suitable for permanent housing; or (c) Has met any of the conditions described in paragraph (b)(1) of this section after exiting permanent housing within the previous 90 days to seek other housing that is responsive to the very low-income veteran family's needs and preferences. For limitations on the provision of supportive services to participants classified under paragraph (c) of this section, see § 62.35." 38:38:2.0.1.1.26.0.360.5,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.20 Applications for supportive services grants.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9611, Feb. 24, 2015]","(a) To apply for a supportive services grant, an applicant must submit to VA a complete supportive services grant application package, as described in the Notice of Fund Availability. A complete supportive services grant application package includes the following: (1) A description of the supportive services to be provided by the applicant and the identified need for such supportive services among very low-income veteran families; (2) A description of how the applicant will ensure that services are provided to very low-income veteran families for whom: (i) No appropriate housing options have been identified for the veteran family; and (ii) The veteran family lacks the financial resources and/or support networks to obtain or remain in permanent housing; (3) A description of the characteristics of very low-income veteran families occupying permanent housing who will be provided supportive services by the applicant; (4) An estimate with supporting documentation of the number of very low-income veteran families occupying permanent housing who will be provided supportive services by the applicant and a description of the area or community where such very low-income veteran families are located, including an estimate of the total number of very low-income veteran families occupying permanent housing in such area or community; (5) Documentation evidencing the experience of the applicant and any identified subcontractors in providing supportive services to very low-income veteran families and very low-income families; (6) Documentation relating to the applicant's ability to coordinate with any identified subcontractors; (7) Documentation of the managerial capacity of the applicant to: (i) Coordinate the provision of supportive services with the provision of permanent housing by the applicant or by other organizations; (ii) Assess continuously the needs of participants for supportive services; (iii) Coordinate the provision of supportive services with services provided by VA; (iv) Customize supportive services to the needs of participants; (v) Continuously seek new sources of assistance to ensure the long-term provision of supportive services to very low-income veteran families occupying permanent housing; (vi) Comply with and implement the requirements of this part throughout the term of the supportive services grant; and (8) Any additional information as deemed appropriate by VA. (b) Grantees may submit an application for renewal of a supportive services grant if the grantee's program will remain substantially the same. To apply for renewal of a supportive services grant, a grantee must submit to VA a complete supportive services grant renewal application package, as described in the Notice of Fund Availability. (c) VA may request in writing that an applicant or grantee, as applicable, submit other information or documentation relevant to the supportive services grant application." 38:38:2.0.1.1.26.0.360.6,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.21 Threshold requirements prior to scoring supportive services grant applicants.,VA,,,,"VA will only score applicants that meet the following threshold requirements: (a) The application is filed within the time period established in the Notice of Fund Availability, and any additional information or documentation requested by VA under § 62.20(c) is provided within the time frame established by VA; (b) The application is completed in all parts; (c) The applicant is an eligible entity; (d) The activities for which the supportive services grant is requested are eligible for funding under this part; (e) The applicant's proposed participants are eligible to receive supportive services under this part; (f) The applicant agrees to comply with the requirements of this part; (g) The applicant does not have an outstanding obligation to the Federal government that is in arrears and does not have an overdue or unsatisfactory response to an audit; and (h) The applicant is not in default by failing to meet the requirements for any previous Federal assistance." 38:38:2.0.1.1.26.0.360.7,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.22 Scoring criteria for supportive services grant applicants.,VA,,,"[75 FR 68979, Nov. 10, 2010, as amended at 80 FR 9611, Feb. 24, 2015]","VA will use the following criteria to score applicants who are applying for a supportive services grant: (a) VA will award up to 35 points based on the background, qualifications, experience, and past performance, of the applicant, and any subcontractors identified by the applicant in the supportive services grant application, as demonstrated by the following: (1) Background and organizational history. (i) Applicant's, and any identified subcontractors', background and organizational history are relevant to the program. (ii) Applicant, and any identified subcontractors, maintain organizational structures with clear lines of reporting and defined responsibilities. (iii) Applicant, and any identified subcontractors, have a history of complying with agreements and not defaulting on financial obligations. (2) Staff qualifications. (i) Applicant's staff, and any identified subcontractors' staff, have experience working with very low-income families. (ii) Applicant's staff, and any identified subcontractors' staff, have experience administering programs similar to the Supportive Services for Veteran Families Program. (3) Organizational qualifications and past performance. (i) Applicant, and any identified subcontractors, have organizational experience providing supportive services to very low-income families. (ii) Applicant, and any identified subcontractors, have organizational experience coordinating services for very low-income families among multiple organizations, Federal, State, local and tribal governmental entities. (iii) Applicant, and any identified subcontractors, have organizational experience administering a program similar in type and scale to the Supportive Services for Veteran Families Program to very low-income families. (4) Experience working with veterans. (i) Applicant's staff, and any identified subcontractors' staff, have experience working with veterans. (ii) Applicant, and any identified subcontractors, have organizational experience providing supportive services to veterans. (iii) Applicant, and any identified subcontractors, have organizational experience coordinating services for veterans among multiple organizations, Federal, State, local and tribal governmental entities. (b) VA will award up to 25 points based on the applicant's program concept and supportive services plan, as demonstrated by the following: (1) Need for program. (i) Applicant has shown a need amongst very low-income veteran families occupying permanent housing in the area or community where the program will be based. (ii) Applicant understands the unique needs for supportive services of very low-income veteran families. (2) Outreach and screening plan. (i) Applicant has a feasible outreach and referral plan to identify and assist very low-income veteran families occupying permanent housing that may be eligible for supportive services and are most in need of supportive services. The plan ensures that the applicant's program will assist very low-income families who also meet the requirements of § 62.20(a)(2). (ii) Applicant has a plan to process and receive participant referrals. (iii) Applicant has a plan to assess and accommodate the needs of incoming participants. (3) Program concept. (i) Applicant's program concept, size, scope, and staffing plan are feasible. (ii) Applicant's program is designed to meet the needs of very low-income veteran families occupying permanent housing. (4) Program implementation timeline. (i) Applicant's program will be implemented in a timely manner and supportive services will be delivered to participants as quickly as possible and within a specified timeline. (ii) Applicant has a hiring plan in place to meet the applicant's program timeline or has existing staff to meet such timeline. (5) Collaboration and communication with VA. Applicant has a plan to coordinate outreach and services with local VA facilities. (6) Ability to meet VA's requirements, goals and objectives for the Supportive Services for Veteran Families Program. Applicant is committed to ensuring that its program meets VA's requirements, goals and objectives for the Supportive Services for Veteran Families Program as identified in this part and the Notice of Fund Availability. (7) Capacity to undertake program. Applicant has sufficient capacity, including staff resources, to undertake the program. (c) VA will award up to 15 points based on the applicant's quality assurance and evaluation plan, as demonstrated by the following: (1) Program evaluation. (i) Applicant has created clear, realistic, and measurable goals that reflect the Supportive Services for Veteran Families Program's aim of reducing and preventing homelessness among very low-income veteran families against which the applicant's program performance can be evaluated. (ii) Applicant plans to continually assess the program. (2) Monitoring. (i) Applicant has adequate controls in place to regularly monitor the program, including any subcontractors, for compliance with all applicable laws, regulations, and guidelines. (ii) Applicant has adequate financial and operational controls in place to ensure the proper use of supportive services grant funds. (iii) Applicant has a plan for ensuring that the applicant's staff and any subcontractors are appropriately trained and stays informed of industry trends and the requirements of this part. (3) Remediation. Applicant has a plan to establish a system to remediate non-compliant aspects of the program if and when they are identified. (4) Management and reporting. Applicant's program management team has the capability and a system in place to provide to VA timely and accurate reports at the frequency set by VA. (d) VA will award up to 15 points based on the applicant's financial capability and plan, as demonstrated by the following: (1) Organizational finances. Applicant, and any identified subcontractors, are financially stable. (2) Financial feasibility of program. (i) Applicant has a realistic plan for obtaining all funding required to operate the program for the time period of the supportive services grant. (ii) Applicant's program is cost-effective and can be effectively implemented on-budget. (e) VA will award up to 10 points based on the applicant's area or community linkages and relations, as demonstrated by the following: (1) Area or community linkages. Applicant has a plan for developing or has existing linkages with Federal (including VA), State, local, and tribal government agencies, and private entities for the purposes of providing additional services to participants. (2) Past working relationships. Applicant (or applicant's staff), and any identified subcontractors (or subcontractors' staff), have fostered successful working relationships and linkages with public and private organizations providing services to veterans or very low-income families in need of services similar to the supportive services. (3) Local presence and knowledge. (i) Applicant has a presence in the area or community to be served by the applicant. (ii) Applicant understands the dynamics of the area or community to be served by the applicant. (4) Integration of linkages and program concept. Applicant's linkages to the area or community to be served by the applicant enhance the effectiveness of the applicant's program." 38:38:2.0.1.1.26.0.360.8,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.23 Selecting applicants to receive supportive services grants.,VA,,,,"VA will use the following process to select applicants to receive supportive services grants: (a) VA will score all applicants that meet the threshold requirements set forth in § 62.21 using the scoring criteria set forth in § 62.22. (b) VA will group applicants within the applicable funding priorities if funding priorities are set forth in the Notice of Fund Availability. (c) VA will rank those applicants who receive at least the minimum amount of total points and points per category set forth in the Notice of Fund Availability, within their respective funding priority group, if any. The applicants will be ranked in order from highest to lowest scores, within their respective funding priority group, if any. (d) VA will use the applicant's ranking as the primary basis for selection for funding. However, VA will also use the following considerations to select applicants for funding: (1) VA will give preference to applicants that provide, or coordinate the provision of, supportive services for very low-income veteran families transitioning from homelessness to permanent housing; and (2) To the extent practicable, VA will ensure that supportive services grants are equitably distributed across geographic regions, including rural communities and tribal lands. (e) Subject to paragraph (d) of this section, VA will fund the highest-ranked applicants for which funding is available, within the highest funding priority group, if any. If funding priorities have been established, to the extent funding is available and subject to paragraph (d) of this section, VA will select applicants in the next highest funding priority group based on their rank within that group." 38:38:2.0.1.1.26.0.360.9,38,"Pensions, Bonuses, and Veterans' Relief",I,,62,PART 62—SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM,,,,§ 62.24 Scoring criteria for grantees applying for renewal of supportive services grants.,VA,,,,"VA will use the following criteria to score grantees applying for renewal of a supportive services grant: (a) VA will award up to 55 points based on the success of the grantee's program, as demonstrated by the following: (1) Participants made progress in achieving housing stability. (2) Participants were satisfied with the supportive services provided by the grantee. (3) The grantee implemented the program and delivered supportive services to participants in a timely manner. (4) The grantee prevented homelessness among very low-income veteran families occupying permanent housing that were most at risk of homelessness. (5) The grantee's program reduced homelessness among very low-income veteran families occupying permanent housing in the area or community served by the grantee. (b) VA will award up to 30 points based on the cost-effectiveness of the grantee's program, as demonstrated by the following: (1) The cost per participant household was reasonable. (2) The grantee's program was effectively implemented on-budget. (c) VA will award up to 15 points based on the extent to which the grantee's program complies with Supportive Services for Veteran Families Program goals and requirements, as demonstrated by the following: (1) The grantee's program was administered in accordance with VA's goals for the Supportive Services for Veteran Families Program. (2) The grantee's program was administered in accordance with all applicable laws, regulations, and guidelines. (3) The grantee's program was administered in accordance with the grantee's supportive services grant agreement." 40:40:10.0.1.1.2.1.537.1,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.01 Definitions.,EPA,,,,"As used in this part, all terms not defined herein shall have the meaning given to them in the Clean Air Act and in part 60 of this chapter." 40:40:10.0.1.1.2.1.537.10,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.10 Submission to Administrator.,EPA,,,"[43 FR 51393, Nov. 3, 1978, as amended at 62 FR 1834, Jan. 14, 1997; 68 FR 35729, June 17, 2003; 73 FR 24871, May 6, 2008; 74 FR 66923, Dec. 17, 2009; 75 FR 69352, Nov. 12, 2010; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34069, July 17, 2019; 84 FR 44230, Aug. 23, 2019; 84 FR 45657, Aug. 30, 2019]","Except as otherwise provided in § 60.23 of this chapter, all requests, reports, applications, submittals, and other communications to the Administrator pursuant to this part shall be submitted in duplicate and addressed to the appropriate Regional office of the Environmental Protection Agency.” The Regional offices are as follows: Table 1 to § 62.10" 40:40:10.0.1.1.2.1.537.11,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.11 Severability.,EPA,,,,"The provisions promulgated in this part and the various applications thereof are distinct and severable. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of such provision to other persons or circumstances which can be given effect without the invalid provision or application." 40:40:10.0.1.1.2.1.537.12,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.12 Availability of applicable plans.,EPA,,,"[43 FR 51393, Nov. 3, 1978, as amended at 84 FR 45658, Aug. 30, 2019]","Copies of the applicable plans will be available for public inspection at the following locations: (a) EPA Docket Center, Room 3334, WJC West Building, 1301 Constitution Avenue NW, Washington, DC. (b) The applicable EPA Regional office, at the address listed in § 62.10." 40:40:10.0.1.1.2.1.537.13,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.13 Federal plans.,EPA,,,"[63 FR 63201, Nov. 12, 1998, as amended at 65 FR 49881, Aug. 15, 2000; 68 FR 5158, Jan. 31, 2003; 68 FR 57539, Oct. 3, 2003; 86 FR 27769, May 21, 2021]","The Federal plans apply to owners and operators of affected facilities that are not covered by an EPA approved and currently effective State or Tribal plan. This Federal plan, or portions thereof, also applies to each affected facility located in any State or portion of Indian country whose approved State or Tribal plan for that area is subsequently vacated in whole or in part. Affected facilities are defined in each Federal plan. (a) The substantive requirements of the municipal waste combustor Federal plan are contained in subpart FFF of this part. These requirements include emission limits, compliance schedules, testing, monitoring, and reporting and recordkeeping requirements. (b) The substantive requirements of the municipal solid waste landfills Federal plan that implements 40 CFR part 60, subpart Cc of this chapter, are contained in subpart GGG of this part. These requirements include emission limits, compliance schedules, testing, monitoring, and reporting and recordkeeping requirements. After June 21, 2021, per paragraph (j) of this section, the substantive requirements of the municipal solid waste landfills Federal plan are contained in subpart OOO of this part and owners and operators of municipal solid waste landfills must comply with subpart OOO of this part or a state/tribal plan implementing 40 CFR part 60, subpart Cf of this chapter, instead of subpart GGG of this part. (c) The substantive requirements of the hospital/ medical/infectious waste incinerator Federal plan are contained in subpart HHH of this part. These requirements include emission limits, compliance schedules, testing, monitoring and reporting and recordkeeping requirements. (d) The substantive requirements of the commercial and industrial solid waste incineration units Federal plan are contained in subpart III of this part. These requirements include emission limits, compliance schedules, testing, monitoring, and reporting and recordkeeping requirements. (e) The substantive requirements of the small municipal waste combustion unit Federal plan are contained in subpart JJJ of this part. These requirements include emission limits, compliance schedules, testing, monitoring, and reporting and recordkeeping requirements. (f) [Reserved] (g) The substantive requirements of the sewage sludge incineration units Federal plan are contained in subpart LLL of this part. These requirements include emission limits, compliance schedules, testing, monitoring, and reporting and recordkeeping requirements. (h)-(i) [Reserved] (j) The substantive requirements of the municipal solid waste landfills Federal plan that implements 40 CFR part 60, subpart Cf of this chapter, are contained in subpart OOO of this part. These requirements include emission limits, compliance schedules, testing, monitoring, and reporting and recordkeeping requirements." 40:40:10.0.1.1.2.1.537.2,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.02 Introduction.,EPA,,,"[43 FR 51393, Nov. 3, 1978, as amended at 63 FR 63201, Nov. 12, 1998; 68 FR 5158, Jan. 31, 2003; 84 FR 45657, Aug. 30, 2019]","(a) This part sets forth the Administrator's approval and disapproval of State plans for the control of pollutants and facilities under section 111(d), and section 129 as applicable, of the Act, and the Administrator's promulgation of such plans or portions of plans thereof. Approval of a plan or any portion of a plan is based on a determination by the Administrator that it meets the requirements of section 111(d), and section 129 as applicable, of the Act and provisions of part 60 of this chapter. (b)(1) If a State does not submit a complete, approvable plan, the Administrator may then promulgate a substitute plan or part of a plan. The promulgated provision, plus the approved parts of the State plan, constitute the applicable plan for purposes of the act. (2) The part 60 subpart A of this chapter general provisions and appendices to part 60 apply to part 62, except as follows: 40 CFR 60.7(a)(1), 60.7(a)(3), and 60.8(a) and where special provisions set forth under the applicable subpart of this part shall apply instead of any conflicting provisions. (c) The Administrator will promulgate substitute provisions for the disapproved regulatory provisions only. If a nonregulatory provision is disapproved, however, it will be noted in this part and a detailed explanation will be sent to the State. (d) Section 62.12 provides information on availability of applicable plans. The Administrator and state and local agencies shall enforce (1) Regulatory provisions of a plan approved or promulgated by the Administrator, and (2) All permit conditions or denials issued in carrying out the approved or promulgated regulations for the review of designated facilities. (e) Each State's plan is dealt with in a separate subpart, with separate headings for different pollutants and facilities. The plans shall include an introductory section identifying the plan by name and the date of its submittal. Additional sections are included as necessary to specifically identify disapproved provisions, to set forth reasons for disapproval, and to set forth provisions of the plan promulgated by the Administrator. Except as otherwise specified, all supplemental information submitted to the Administrator with respect to any plan has been submitted by the Governor of the State. (f) Revisions to applicable plans will be included in this part when approved or promulgated by the Administrator. (g) Substitute plans promulgated by the Administrator for States that do not have approved plans are contained in separate subparts that appear after the subparts for States. These Federal plans include sections identifying the applicability of the plan, emission limits, compliance schedules, recordkeeping and reporting, performance testing, and monitoring requirements." 40:40:10.0.1.1.2.1.537.3,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.03 Extensions.,EPA,,,,"The Administrator may, whenever he determines necessary, extend the period for submission of any plan or plan revision or portion thereof." 40:40:10.0.1.1.2.1.537.4,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.04 Approval status.,EPA,,,,"The approval status of each State's plan or portions thereof, are set forth in each subpart. All plans are approved unless specifically disapproved in the appropriate subpart." 40:40:10.0.1.1.2.1.537.5,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.05 Legal authority.,EPA,,,,"(a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set forth in each subpart. This includes the legal authority of local agencies and State governmental agencies other than an air pollution control agency if such other agencies are assigned responsibility for carrying out a plan or portion thereof. (b) No legal authority as such is promulgated by the Administrator. Where required regulatory provisions are not included in the plan by the State because of inadequate authority, substitute provisions are promulgated by the Administrator." 40:40:10.0.1.1.2.1.537.6,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.06 Negative declarations.,EPA,,,,A State may submit to the Administrator a letter certifying that no designated facilities exist in the State if such is the case. The negative declaration will be in lieu of a plan. 40:40:10.0.1.1.2.1.537.7,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,"§ 62.07 Emission standards, compliance schedules.",EPA,,,,"(a) In each subpart, emission standards and compliance schedules which have been disapproved by the Administrator are identified, and those promulgated by the Administrator are set forth. (b) The Administrator's approval or promulgation of any compliance schedule shall not affect the responsibility of the owner or operator to comply with any applicable emission limitation on or after the date for final compliance specified in the applicable schedule." 40:40:10.0.1.1.2.1.537.8,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.08 Emission inventories and source surveillance.,EPA,,,,"(a) Each subpart identifies the plan provisions for source surveillance which are disapproved, and sets forth the Administrator's promulgation of necessary provisions for requiring designated sources to maintain records, make reports, and submit information. (b) The Administrator will not promulgate provisions for disapproved State or local agency procedures for testing, inspection, investigation, or detection. However, detailed critiques of such portions will be provided to the State." 40:40:10.0.1.1.2.1.537.9,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,A,Subpart A—General Provisions,,§ 62.09 Revision of plans by Administrator.,EPA,,,,"After notice and opportunity for public hearing in each affected State, the Administrator may revise any provision of an applicable plan if: (a) The provision was promulgated by the Administrator and (b) The plan, as revised, will be consistent with the Act and with the requirements of part 60, subpart B of this chapter." 40:40:10.0.1.1.2.10.598.1,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2100 Identification of plan—negative declaration.,EPA,,,"[45 FR 43412, June 27, 1980]","The Department of Environmental Services submitted on December 12, 1977 a letter certifying that there are no existing phosphate fertilizer plants in the District subject to part 60, subpart B of this chapter." 40:40:10.0.1.1.2.10.599.2,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2101 Identification of plan—negative declaration.,EPA,,,"[46 FR 41783, Aug. 18, 1981]","The Director, Department of Environmental Services submitted on March 7, 1978 a letter certifying there are no existing sulfuric acid production units in the District subject to part 60, subpart B of this chapter." 40:40:10.0.1.1.2.10.600.3,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2110 Identification of plan—negative declaration.,EPA,,,"[46 FR 41783, Aug. 18, 1981]","The Mayor of the District of Columbia submitted on July 16, 1980 a letter certifying there are no existing primary kraft pulp mills in the District subject to part 60, subpart B of this chapter." 40:40:10.0.1.1.2.10.601.4,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2120 Identification of plan—negative declaration.,EPA,,,"[46 FR 41783, Aug. 18, 1981]","The Mayor of the District of Columbia submitted on May 29, 1980 a letter certifying there are no existing primary aluminum plants in the District subject to part 60, subpart B of this chapter." 40:40:10.0.1.1.2.10.602.5,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2130 Identification of plan—negative declaration.,EPA,,,"[65 FR 33466, May 24, 2000]","Letter from the Department of Consumer and Regulatory Affairs submitted July 6, 1992 certifying that there are no existing municipal waste combustor units in the District of Columbia that are subject to part 60, subpart Cb, of this chapter." 40:40:10.0.1.1.2.10.603.6,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2140 Identification of plan—negative declaration.,EPA,,,"[85 FR 74890, Nov. 24, 2020]","Letter from the District of Columbia, Department of Energy and Environment, submitted November 15, 2019, certifying that there are no existing municipal solid waste landfills in the District of Columbia that are subject to 40 CFR part 60, subpart Cf." 40:40:10.0.1.1.2.10.604.7,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2145 Identification of plan—negative declaration.,EPA,,,"[68 FR 51, Jan. 2, 2003]","Letter from the District of Columbia Department of Health, Environmental Health Administration, submitted November 27, 2001, certifying that there are no existing small municipal waste combustion units within the District of Columbia that are subject to 40 CFR part 60, subpart BBBB." 40:40:10.0.1.1.2.10.605.8,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2150 Identification of plan—negative declaration.,EPA,,,"[68 FR 53, Jan. 2, 2003, as amended at 78 FR 40017, July 3, 2013]","(a) Letter from the Department of Health, Environmental Health Administration, submitted to EPA on June 25, 1999, certifying that there are no known existing HMIWI units in the District of Columbia. (b) Letter from the District Department of the Environment, submitted to EPA on July 26, 2012, certifying that there are no known existing HMIWI units in the District of Columbia." 40:40:10.0.1.1.2.10.606.9,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2155 Identification of plan—negative declaration.,EPA,,,"[82 FR 20278, May 1, 2017]","(a) Letter from the District of Columbia Department of Health, Environmental Health Administration, submitted November 27, 2001, certifying that there are no existing commercial/industrial solid waste incineration units within the District of Columbia that are subject to 40 CFR part 60, subpart DDDD. (b) Letter from the District of Columbia, District Department of Energy & Environment, submitted November 8, 2013, certifying that there are no existing commercial/industrial solid waste incineration units within the District of Columbia that are subject to 40 CFR part 60, subpart DDDD." 40:40:10.0.1.1.2.10.607.10,40,Protection of Environment,I,C,62,PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS,J,Subpart J—District of Columbia,,§ 62.2160 Identification of plan—negative declaration.,EPA,,,"[79 FR 39336, July 10, 2014]","Letter from the District Department of the Environment, submitted to EPA on July 26, 2012, certifying that there are no known existing sewage sludge incineration units in the District of Columbia."