section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 14:14:2.0.1.2.10.1.1.1,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",A,Subpart A—General,,§ 77.1 Purpose.,FAA,,,,"This part establishes: (a) The requirements to provide notice to the FAA of certain proposed construction, or the alteration of existing structures; (b) The standards used to determine obstructions to air navigation, and navigational and communication facilities; (c) The process for aeronautical studies of obstructions to air navigation or navigational facilities to determine the effect on the safe and efficient use of navigable airspace, air navigation facilities or equipment; and (d) The process to petition the FAA for discretionary review of determinations, revisions, and extensions of determinations." 14:14:2.0.1.2.10.1.1.2,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",A,Subpart A—General,,§ 77.3 Definitions.,FAA,,,,"For the purpose of this part: Non-precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved, or planned, and for which no precision approach facilities are planned, or indicated on an FAA planning document or military service military airport planning document. Planned or proposed airport is an airport that is the subject of at least one of the following documents received by the FAA: (1) Airport proposals submitted under 14 CFR part 157. (2) Airport Improvement Program requests for aid. (3) Notices of existing airports where prior notice of the airport construction or alteration was not provided as required by 14 CFR part 157. (4) Airport layout plans. (5) DOD proposals for airports used only by the U.S. Armed Forces. (6) DOD proposals on joint-use (civil-military) airports. (7) Completed airport site selection feasibility study. Precision instrument runway means a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airport layout plan; a military service approved military airport layout plan; any other FAA planning document, or military service military airport planning document. Public use airport is an airport available for use by the general public without a requirement for prior approval of the airport owner or operator. Seaplane base is considered to be an airport only if its sea lanes are outlined by visual markers. Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA by competent authority." 14:14:2.0.1.2.10.2.1.1,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",B,Subpart B—Notice Requirements,,§ 77.5 Applicability.,FAA,,,,"(a) If you propose any construction or alteration described in § 77.9, you must provide adequate notice to the FAA of that construction or alteration. (b) If requested by the FAA, you must also file supplemental notice before the start date and upon completion of certain construction or alterations that are described in § 77.9. (c) Notice received by the FAA under this subpart is used to: (1) Evaluate the effect of the proposed construction or alteration on safety in air commerce and the efficient use and preservation of the navigable airspace and of airport traffic capacity at public use airports; (2) Determine whether the effect of proposed construction or alteration is a hazard to air navigation; (3) Determine appropriate marking and lighting recommendations, using FAA Advisory Circular 70/7460-1, Obstruction Marking and Lighting; (4) Determine other appropriate measures to be applied for continued safety of air navigation; and (5) Notify the aviation community of the construction or alteration of objects that affect the navigable airspace, including the revision of charts, when necessary." 14:14:2.0.1.2.10.2.1.2,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",B,Subpart B—Notice Requirements,,§ 77.7 Form and time of notice.,FAA,,,,"(a) If you are required to file notice under § 77.9, you must submit to the FAA a completed FAA Form 7460-1, Notice of Proposed Construction or Alteration. FAA Form 7460-1 is available at FAA regional offices and on the Internet. (b) You must submit this form at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest. (c) If you propose construction or alteration that is also subject to the licensing requirements of the Federal Communications Commission (FCC), you must submit notice to the FAA on or before the date that the application is filed with the FCC. (d) If you propose construction or alteration to an existing structure that exceeds 2,000 ft. in height above ground level (AGL), the FAA presumes it to be a hazard to air navigation that results in an inefficient use of airspace. You must include details explaining both why the proposal would not constitute a hazard to air navigation and why it would not cause an inefficient use of airspace. (e) The 45-day advance notice requirement is waived if immediate construction or alteration is required because of an emergency involving essential public services, public health, or public safety. You may provide notice to the FAA by any available, expeditious means. You must file a completed FAA Form 7460-1 within 5 days of the initial notice to the FAA. Outside normal business hours, the nearest flight service station will accept emergency notices." 14:14:2.0.1.2.10.2.1.3,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",B,Subpart B—Notice Requirements,,§ 77.9 Construction or alteration requiring notice.,FAA,,,,"If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of: (a) Any construction or alteration that is more than 200 ft. AGL at its site. (b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes: (1) 100 to 1 for a horizontal distance of 20,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 3,200 ft. in actual length, excluding heliports. (2) 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports. (3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section. (c) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) or (b) of this section. (d) Any construction or alteration on any of the following airports and heliports: (1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications; (2) A military airport under construction, or an airport under construction that will be available for public use; (3) An airport operated by a Federal agency or the DOD. (4) An airport or heliport with at least one FAA-approved instrument approach procedure. (e) You do not need to file notice for construction or alteration of: (1) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation; (2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose; (3) Any construction or alteration for which notice is required by any other FAA regulation. (4) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure." 14:14:2.0.1.2.10.2.1.4,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",B,Subpart B—Notice Requirements,,§ 77.11 Supplemental notice requirements.,FAA,,,,"(a) You must file supplemental notice with the FAA when: (1) The construction or alteration is more than 200 feet in height AGL at its site; or (2) Requested by the FAA. (b) You must file supplemental notice on a prescribed FAA form to be received within the time limits specified in the FAA determination. If no time limit has been specified, you must submit supplemental notice of construction to the FAA within 5 days after the structure reaches its greatest height. (c) If you abandon a construction or alteration proposal that requires supplemental notice, you must submit notice to the FAA within 5 days after the project is abandoned. (d) If the construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed." 14:14:2.0.1.2.10.3.1.1,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",C,Subpart C—Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities,,§ 77.13 Applicability.,FAA,,,,"This subpart describes the standards used for determining obstructions to air navigation, navigational aids, or navigational facilities. These standards apply to the following: (a) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus. (b) The alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein." 14:14:2.0.1.2.10.3.1.2,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",C,Subpart C—Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities,,§ 77.15 Scope.,FAA,,,,"(a) This subpart describes standards used to determine obstructions to air navigation that may affect the safe and efficient use of navigable airspace and the operation of planned or existing air navigation and communication facilities. Such facilities include air navigation aids, communication equipment, airports, Federal airways, instrument approach or departure procedures, and approved off-airway routes. (b) Objects that are considered obstructions under the standards described in this subpart are presumed hazards to air navigation unless further aeronautical study concludes that the object is not a hazard. Once further aeronautical study has been initiated, the FAA will use the standards in this subpart, along with FAA policy and guidance material, to determine if the object is a hazard to air navigation. (c) The FAA will apply these standards with reference to an existing airport facility, and airport proposals received by the FAA, or the appropriate military service, before it issues a final determination. (d) For airports having defined runways with specially prepared hard surfaces, the primary surface for each runway extends 200 feet beyond each end of the runway. For airports having defined strips or pathways used regularly for aircraft takeoffs and landings, and designated runways, without specially prepared hard surfaces, each end of the primary surface for each such runway shall coincide with the corresponding end of the runway. At airports, excluding seaplane bases, having a defined landing and takeoff area with no defined pathways for aircraft takeoffs and landings, a determination must be made as to which portions of the landing and takeoff area are regularly used as landing and takeoff pathways. Those determined pathways must be considered runways, and an appropriate primary surface as defined in § 77.19 will be considered as longitudinally centered on each such runway. Each end of that primary surface must coincide with the corresponding end of that runway. (e) The standards in this subpart apply to construction or alteration proposals on an airport (including heliports and seaplane bases with marked lanes) if that airport is one of the following before the issuance of the final determination: (1) Available for public use and is listed in the Airport/Facility Directory, Supplement Alaska, or Supplement Pacific of the U.S. Government Flight Information Publications; or (2) A planned or proposed airport or an airport under construction of which the FAA has received actual notice, except DOD airports, where there is a clear indication the airport will be available for public use; or, (3) An airport operated by a Federal agency or the DOD; or, (4) An airport that has at least one FAA-approved instrument approach." 14:14:2.0.1.2.10.3.1.3,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",C,Subpart C—Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities,,§ 77.17 Obstruction standards.,FAA,,,,"(a) An existing object, including a mobile object, is, and a future object would be an obstruction to air navigation if it is of greater height than any of the following heights or surfaces: (1) A height of 499 feet AGL at the site of the object. (2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet. (3) A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (4) A height within an en route obstacle clearance area, including turn and termination areas, of a Federal Airway or approved off-airway route, that would increase the minimum obstacle clearance altitude. (5) The surface of a takeoff and landing area of an airport or any imaginary surface established under § 77.19, 77.21, or 77.23. However, no part of the takeoff or landing area itself will be considered an obstruction. (b) Except for traverse ways on or near an airport with an operative ground traffic control service furnished by an airport traffic control tower or by the airport management and coordinated with the air traffic control service, the standards of paragraph (a) of this section apply to traverse ways used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by: (1) 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance. (2) 15 feet for any other public roadway. (3) 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road. (4) 23 feet for a railroad. (5) For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it." 14:14:2.0.1.2.10.3.1.4,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",C,Subpart C—Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities,,§ 77.19 Civil airport imaginary surfaces.,FAA,,,,"The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach procedure existing or planned for that runway end. (a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of a specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is: (1) 5,000 feet for all runways designated as utility or visual; (2) 10,000 feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface. (b) Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (c) Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is: (1) 250 feet for utility runways having only visual approaches. (2) 500 feet for utility runways having non-precision instrument approaches. (3) For other than utility runways, the width is: (i) 500 feet for visual runways having only visual approaches. (ii) 500 feet for non-precision instrument runways having visibility minimums greater than three-fourths statute mile. (iii) 1,000 feet for a non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways. (iv) The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. (d) Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. (1) The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of: (i) 1,250 feet for that end of a utility runway with only visual approaches; (ii) 1,500 feet for that end of a runway other than a utility runway with only visual approaches; (iii) 2,000 feet for that end of a utility runway with a non-precision instrument approach; (iv) 3,500 feet for that end of a non-precision instrument runway other than utility, having visibility minimums greater that three-fourths of a statute mile; (v) 4,000 feet for that end of a non-precision instrument runway, other than utility, having a non-precision instrument approach with visibility minimums as low as three-fourths statute mile; and (vi) 16,000 feet for precision instrument runways. (2) The approach surface extends for a horizontal distance of: (i) 5,000 feet at a slope of 20 to 1 for all utility and visual runways; (ii) 10,000 feet at a slope of 34 to 1 for all non-precision instrument runways other than utility; and (iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a slope of 40 to 1 for all precision instrument runways. (3) The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. (e) Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline." 14:14:2.0.1.2.10.3.1.5,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",C,Subpart C—Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities,,§ 77.21 Department of Defense (DOD) airport imaginary surfaces.,FAA,,,,"(a) Related to airport reference points. These surfaces apply to all military airports. For the purposes of this section, a military airport is any airport operated by the DOD. (1) Inner horizontal surface. A plane that is oval in shape at a height of 150 feet above the established airfield elevation. The plane is constructed by scribing an arc with a radius of 7,500 feet about the centerline at the end of each runway and interconnecting these arcs with tangents. (2) Conical surface. A surface extending from the periphery of the inner horizontal surface outward and upward at a slope of 20 to 1 for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. (3) Outer horizontal surface. A plane, located 500 feet above the established airfield elevation, extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet. (b) Related to runways. These surfaces apply to all military airports. (1) Primary surface. A surface located on the ground or water longitudinally centered on each runway with the same length as the runway. The width of the primary surface for runways is 2,000 feet. However, at established bases where substantial construction has taken place in accordance with a previous lateral clearance criteria, the 2,000-foot width may be reduced to the former criteria. (2) Clear zone surface. A surface located on the ground or water at each end of the primary surface, with a length of 1,000 feet and the same width as the primary surface. (3) Approach clearance surface. An inclined plane, symmetrical about the runway centerline extended, beginning 200 feet beyond each end of the primary surface at the centerline elevation of the runway end and extending for 50,000 feet. The slope of the approach clearance surface is 50 to 1 along the runway centerline extended until it reaches an elevation of 500 feet above the established airport elevation. It then continues horizontally at this elevation to a point 50,000 feet from the point of beginning. The width of this surface at the runway end is the same as the primary surface, it flares uniformly, and the width at 50,000 is 16,000 feet. (4) Transitional surfaces. These surfaces connect the primary surfaces, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface or other transitional surfaces. The slope of the transitional surface is 7 to 1 outward and upward at right angles to the runway centerline." 14:14:2.0.1.2.10.3.1.6,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",C,Subpart C—Standards for Determining Obstructions to Air Navigation or Navigational Aids or Facilities,,§ 77.23 Heliport imaginary surfaces.,FAA,,,,"(a) Primary surface. The area of the primary surface coincides in size and shape with the designated take-off and landing area. This surface is a horizontal plane at the elevation of the established heliport elevation. (b) Approach surface. The approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1 for civil heliports and 10 to 1 for military heliports. (c) Transitional surfaces. These surfaces extend outward and upward from the lateral boundaries of the primary surface and from the approach surfaces at a slope of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces." 14:14:2.0.1.2.10.4.1.1,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",D,Subpart D—Aeronautical Studies and Determinations,,§ 77.25 Applicability.,FAA,,,,"(a) This subpart applies to any aeronautical study of a proposed construction or alteration for which notice to the FAA is required under § 77.9. (b) The purpose of an aeronautical study is to determine whether the aeronautical effects of the specific proposal and, where appropriate, the cumulative impact resulting from the proposed construction or alteration when combined with the effects of other existing or proposed structures, would constitute a hazard to air navigation. (c) The obstruction standards in subpart C of this part are supplemented by other manuals and directives used in determining the effect on the navigable airspace of a proposed construction or alteration. When the FAA needs additional information, it may circulate a study to interested parties for comment." 14:14:2.0.1.2.10.4.1.2,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",D,Subpart D—Aeronautical Studies and Determinations,,§ 77.27 Initiation of studies.,FAA,,,,"The FAA will conduct an aeronautical study when: (a) Requested by the sponsor of any proposed construction or alteration for which a notice is submitted; or (b) The FAA determines a study is necessary." 14:14:2.0.1.2.10.4.1.3,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",D,Subpart D—Aeronautical Studies and Determinations,,§ 77.29 Evaluating aeronautical effect.,FAA,,,,"(a) The FAA conducts an aeronautical study to determine the impact of a proposed structure, an existing structure that has not yet been studied by the FAA, or an alteration of an existing structure on aeronautical operations, procedures, and the safety of flight. These studies include evaluating: (1) The impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules; (2) The impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules; (3) The impact on existing and planned public use airports; (4) Airport traffic capacity of existing public use airports and public use airport development plans received before the issuance of the final determination; (5) Minimum obstacle clearance altitudes, minimum instrument flight rules altitudes, approved or planned instrument approach procedures, and departure procedures; (6) The potential effect on ATC radar, direction finders, ATC tower line-of-sight visibility, and physical or electromagnetic effects on air navigation, communication facilities, and other surveillance systems; (7) The aeronautical effects resulting from the cumulative impact of a proposed construction or alteration of a structure when combined with the effects of other existing or proposed structures. (b) If you withdraw the proposed construction or alteration or revise it so that it is no longer identified as an obstruction, or if no further aeronautical study is necessary, the FAA may terminate the study." 14:14:2.0.1.2.10.4.1.4,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",D,Subpart D—Aeronautical Studies and Determinations,,§ 77.31 Determinations.,FAA,,,,"(a) The FAA will issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation, and will advise all known interested persons. (b) The FAA will make determinations based on the aeronautical study findings and will identify the following: (1) The effects on VFR/IFR aeronautical departure/arrival operations, air traffic procedures, minimum flight altitudes, and existing, planned, or proposed airports listed in § 77.15(e) of which the FAA has received actual notice prior to issuance of a final determination. (2) The extent of the physical and/or electromagnetic effect on the operation of existing or proposed air navigation facilities, communication aids, or surveillance systems. (c) The FAA will issue a Determination of Hazard to Air Navigation when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard and would have a substantial aeronautical impact. (d) A Determination of No Hazard to Air Navigation will be issued when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard but would not have a substantial aeronautical impact to air navigation. A Determination of No Hazard to Air Navigation may include the following: (1) Conditional provisions of a determination. (2) Limitations necessary to minimize potential problems, such as the use of temporary construction equipment. (3) Supplemental notice requirements, when required. (4) Marking and lighting recommendations, as appropriate. (e) The FAA will issue a Determination of No Hazard to Air Navigation when a proposed structure does not exceed any of the obstruction standards and would not be a hazard to air navigation." 14:14:2.0.1.2.10.4.1.5,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",D,Subpart D—Aeronautical Studies and Determinations,,§ 77.33 Effective period of determinations.,FAA,,,"[Docket FAA-2006-25002, 75 FR 42303, July 21, 2010, as amended by Amdt. 77-13-A, 76 FR 2802, Jan. 18, 2011]","(a) The effective date of a determination not subject to discretionary review under 77.37(b) is the date of issuance. The effective date of all other determinations for a proposed or existing structure is 40 days from the date of issuance, provided a valid petition for review has not been received by the FAA. If a valid petition for review is filed, the determination will not become final, pending disposition of the petition. (b) Unless extended, revised, or terminated, each Determination of No Hazard to Air Navigation issued under this subpart expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. (c) A Determination of Hazard to Air Navigation has no expiration date." 14:14:2.0.1.2.10.4.1.6,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",D,Subpart D—Aeronautical Studies and Determinations,,"§ 77.35 Extensions, terminations, revisions and corrections.",FAA,,,,"(a) You may petition the FAA official that issued the Determination of No Hazard to Air Navigation to revise or reconsider the determination based on new facts or to extend the effective period of the determination, provided that: (1) Actual structural work of the proposed construction or alteration, such as the laying of a foundation, but not including excavation, has not been started; and (2) The petition is submitted at least 15 days before the expiration date of the Determination of No Hazard to Air Navigation. (b) A Determination of No Hazard to Air Navigation issued for those construction or alteration proposals not requiring an FCC construction permit may be extended by the FAA one time for a period not to exceed 18 months. (c) A Determination of No Hazard to Air Navigation issued for a proposal requiring an FCC construction permit may be granted extensions for up to 18 months, provided that: (1) You submit evidence that an application for a construction permit/license was filed with the FCC for the associated site within 6 months of issuance of the determination; and (2) You submit evidence that additional time is warranted because of FCC requirements; and (3) Where the FCC issues a construction permit, a final Determination of No Hazard to Air Navigation is effective until the date prescribed by the FCC for completion of the construction. If an extension of the original FCC completion date is needed, an extension of the FAA determination must be requested from the Obstruction Evaluation Service (OES). (4) If the Commission refuses to issue a construction permit, the final determination expires on the date of its refusal." 14:14:2.0.1.2.10.5.1.1,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",E,Subpart E—Petitions for Discretionary Review,,§ 77.37 General.,FAA,,,,"(a) If you are the sponsor, provided a substantive aeronautical comment on a proposal in an aeronautical study, or have a substantive aeronautical comment on the proposal but were not given an opportunity to state it, you may petition the FAA for a discretionary review of a determination, revision, or extension of a determination issued by the FAA. (b) You may not file a petition for discretionary review for a Determination of No Hazard that is issued for a temporary structure, marking and lighting recommendation, or when a proposed structure or alteration does not exceed obstruction standards contained in subpart C of this part." 14:14:2.0.1.2.10.5.1.2,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",E,Subpart E—Petitions for Discretionary Review,,§ 77.39 Contents of a petition.,FAA,,,,"(a) You must file a petition for discretionary review in writing and it must be received by the FAA within 30 days after the issuance of a determination under § 77.31, or a revision or extension of the determination under § 77.35. (b) The petition must contain a full statement of the aeronautical basis on which the petition is made, and must include new information or facts not previously considered or presented during the aeronautical study, including valid aeronautical reasons why the determination, revisions, or extension made by the FAA should be reviewed. (c) In the event that the last day of the 30-day filing period falls on a weekend or a day the Federal government is closed, the last day of the filing period is the next day that the government is open. (d) The FAA will inform the petitioner or sponsor (if other than the petitioner) and the FCC (whenever an FCC-related proposal is involved) of the filing of the petition and that the determination is not final pending disposition of the petition." 14:14:2.0.1.2.10.5.1.3,14,Aeronautics and Space,I,E,77,"PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE",E,Subpart E—Petitions for Discretionary Review,,§ 77.41 Discretionary review results.,FAA,,,,"(a) If discretionary review is granted, the FAA will inform the petitioner and the sponsor (if other than the petitioner) of the issues to be studied and reviewed. The review may include a request for comments and a review of all records from the initial aeronautical study. (b) If discretionary review is denied, the FAA will notify the petitioner and the sponsor (if other than the petitioner), and the FCC, whenever a FCC-related proposal is involved, of the basis for the denial along with a statement that the determination is final. (c) After concluding the discretionary review process, the FAA will revise, affirm, or reverse the determination." 28:28:2.0.1.1.30.0.1.1,28,Judicial Administration,I,,77,PART 77—ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT,,,,§ 77.1 Purpose and authority.,DOJ,,,,"(a) The Department of Justice is committed to ensuring that its attorneys perform their duties in accordance with the highest ethical standards. The purpose of this part is to implement 28 U.S.C. 530B and to provide guidance to attorneys concerning the requirements imposed on Department attorneys by 28 U.S.C. 530B. (b) Section 530B requires Department attorneys to comply with state and local federal court rules of professional responsibility, but should not be construed in any way to alter federal substantive, procedural, or evidentiary law or to interfere with the Attorney General's authority to send Department attorneys into any court in the United States. (c) Section 530B imposes on Department attorneys the same rules of professional responsibility that apply to non-Department attorneys, but should not be construed to impose greater burdens on Department attorneys than those on non-Department attorneys or to alter rules of professional responsibility that expressly exempt government attorneys from their application. (d) The regulations set forth in this part seek to provide guidance to Department attorneys in determining the rules with which such attorneys should comply." 28:28:2.0.1.1.30.0.1.2,28,Judicial Administration,I,,77,PART 77—ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT,,,,§ 77.2 Definitions.,DOJ,,,"[Order No. 2216-99, 64 FR 19275, Apr. 20, 1999, as amended by Order No. 2650-2003, 68 FR 4929, Jan. 31, 2003]","As used in this part, the following terms shall have the following meanings, unless the context indicates otherwise: (a) The phrase attorney for the government means the Attorney General; the Deputy Attorney General; the Solicitor General; the Assistant Attorneys General for, and any attorney employed in, the Antitrust Division, Civil Division, Civil Rights Division, Criminal Division, Environment and Natural Resources Division, and Tax Division; the Chief Counsel for the DEA and any attorney employed in that office; the Chief Counsel for ATF and any attorney employed in that office; the General Counsel of the FBI and any attorney employed in that office or in the (Office of General Counsel) of the FBI; any attorney employed in, or head of, any other legal office in a Department of Justice agency; any United States Attorney; any Assistant United States Attorney; any Special Assistant to the Attorney General or Special Attorney duly appointed pursuant to 28 U.S.C. 515; any Special Assistant United States Attorney duly appointed pursuant to 28 U.S.C. 543 who is authorized to conduct criminal or civil law enforcement investigations or proceedings on behalf of the United States; and any other attorney employed by the Department of Justice who is authorized to conduct criminal or civil law enforcement proceedings on behalf of the United States. The phrase attorney for the government also includes any independent counsel, or employee of such counsel, appointed under chapter 40 of title 28, United States Code. The phrase attorney for the government does not include attorneys employed as investigators or other law enforcement agents by the Department of Justice who are not authorized to represent the United States in criminal or civil law enforcement litigation or to supervise such proceedings. (b) The term case means any proceeding over which a state or federal court has jurisdiction, including criminal prosecutions and civil actions. This term also includes grand jury investigations and related proceedings (such as motions to quash grand jury subpoenas and motions to compel testimony), applications for search warrants, and applications for electronic surveillance. (c) The phrase civil law enforcement investigation means an investigation of possible civil violations of, or claims under, federal law that may form the basis for a civil law enforcement proceeding. (d) The phrase civil law enforcement proceeding means a civil action or proceeding before any court or other tribunal brought by the Department of Justice under the authority of the United States to enforce federal laws or regulations, and includes proceedings related to the enforcement of an administrative subpoena or summons or civil investigative demand. (e) The terms conduct and activity means any act performed by a Department attorney that implicates a rule governing attorneys, as that term is defined in paragraph (h) of this section. (f) The phrase Department attorney[s] is synonymous with the phrase “attorney[s] for the government” as defined in this section. (g) The term person means any individual or organization. (h) The phrase state laws and rules and local federal court rules governing attorneys means rules enacted or adopted by any State or Territory of the United States or the District of Columbia or by any federal court, that prescribe ethical conduct for attorneys and that would subject an attorney, whether or not a Department attorney, to professional discipline, such as a code of professional responsibility. The phrase does not include: (1) Any statute, rule, or regulation which does not govern ethical conduct, such as rules of procedure, evidence, or substantive law, whether or not such rule is included in a code of professional responsibility for attorneys; (2) Any statute, rule, or regulation that purports to govern the conduct of any class of persons other than attorneys, such as rules that govern the conduct of all litigants and judges, as well as attorneys; or (3) A statute, rule, or regulation requiring licensure or membership in a particular state bar. (i) The phrase state of licensure means the District of Columbia or any State or Territory where a Department attorney is duly licensed and authorized to practice as an attorney. This term shall be construed in the same manner as it has been construed pursuant to the provisions of Pub. L. 96-132, 93 Stat. 1040, 1044 (1979), and Sec. 102 of the Departments of Commerce, Justice and State, the Judiciary, and Related Agency Appropriations Act, 1999, Pub. L. 105-277. (j)(1) The phrase where such attorney engages in that attorney's duties identifies which rules of ethical conduct a Department attorney should comply with, and means, with respect to particular conduct: (i) If there is a case pending, the rules of ethical conduct adopted by the local federal court or state court before which the case is pending; or (ii) If there is no case pending, the rules of ethical conduct that would be applied by the attorney's state of licensure. (2) A Department attorney does not “engage[] in that attorney's duties” in any states in which the attorney's conduct is not substantial and continuous, such as a jurisdiction in which an attorney takes a deposition (related to a case pending in another court) or directs a contact to be made by an investigative agent, or responds to an inquiry by an investigative agent. Nor does the phrase include any jurisdiction that would not ordinarily apply its rules of ethical conduct to particular conduct or activity by the attorney. (k) The phrase to the same extent and in the same manner as other attorneys means that Department attorneys shall only be subject to laws and rules of ethical conduct governing attorneys in the same manner as such rules apply to non-Department attorneys. The phrase does not, however, purport to eliminate or otherwise alter state or federal laws and rules and federal court rules that expressly exclude some or all government attorneys from particular limitations or prohibitions." 28:28:2.0.1.1.30.0.1.3,28,Judicial Administration,I,,77,PART 77—ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT,,,,§ 77.3 Application of 28 U.S.C. 530B.,DOJ,,,,"In all criminal investigations and prosecutions, in all civil investigations and litigation (affirmative and defensive), and in all civil law enforcement investigations and proceedings, attorneys for the government shall conform their conduct and activities to the state rules and laws, and federal local court rules, governing attorneys in each State where such attorney engages in that attorney's duties, to the same extent and in the same manner as other attorneys in that State, as these terms are defined in § 77.2 of this part." 28:28:2.0.1.1.30.0.1.4,28,Judicial Administration,I,,77,PART 77—ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT,,,,§ 77.4 Guidance.,DOJ,,,,"(a) Rules of the court before which a case is pending. A government attorney shall, in all cases, comply with the rules of ethical conduct of the court before which a particular case is pending. (b) Inconsistent rules where there is a pending case. (1) If the rule of the attorney's state of licensure would prohibit an action that is permissible under the rules of the court before which a case is pending, the attorney should consider: (i) Whether the attorney's state of licensure would apply the rule of the court before which the case is pending, rather than the rule of the state of licensure; (ii) Whether the local federal court rule preempts contrary state rules; and (iii) Whether application of traditional choice-of-law principles directs the attorney to comply with a particular rule. (2) In the process of considering the factors described in paragraph (b)(1) of this section, the attorney is encouraged to consult with a supervisor or Professional Responsibility Officer to determine the best course of conduct. (c) Choice of rules where there is no pending case. (1) Where no case is pending, the attorney should generally comply with the ethical rules of the attorney's state of licensure, unless application of traditional choice-of-law principles directs the attorney to comply with the ethical rule of another jurisdiction or court, such as the ethical rule adopted by the court in which the case is likely to be brought. (2) In the process of considering the factors described in paragraph (c)(1) of this section, the attorney is encouraged to consult with a supervisor or Professional Responsibility Officer to determine the best course of conduct. (d) Rules that impose an irreconcilable conflict. If, after consideration of traditional choice-of-law principles, the attorney concludes that multiple rules may apply to particular conduct and that such rules impose irreconcilable obligations on the attorney, the attorney should consult with a supervisor or Professional Responsibility Officer to determine the best course of conduct. (e) Supervisory attorneys. Each attorney, including supervisory attorneys, must assess his or her ethical obligations with respect to particular conduct. Department attorneys shall not direct any attorney to engage in conduct that violates section 530B. A supervisor or other Department attorney who, in good faith, gives advice or guidance to another Department attorney about the other attorney's ethical obligations should not be deemed to violate these rules. (f) Investigative Agents. A Department attorney shall not direct an investigative agent acting under the attorney's supervision to engage in conduct under circumstances that would violate the attorney's obligations under section 530B. A Department attorney who in good faith provides legal advice or guidance upon request to an investigative agent should not be deemed to violate these rules." 28:28:2.0.1.1.30.0.1.5,28,Judicial Administration,I,,77,PART 77—ETHICAL STANDARDS FOR ATTORNEYS FOR THE GOVERNMENT,,,,§ 77.5 No private remedies.,DOJ,,,,"The principles set forth herein, and internal office procedures adopted pursuant hereto, are intended solely for the guidance of attorneys for the government. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other person, whether or not a party to litigation with the United States, or their counsel; and shall not be a basis for dismissing criminal or civil charges or proceedings or for excluding relevant evidence in any judicial or administrative proceeding. Nor are any limitations placed on otherwise lawful litigative prerogatives of the Department of Justice as a result of this part." 34:34:1.1.1.1.23.0.113.1,34,Education,,,77,PART 77—DEFINITIONS THAT APPLY TO DEPARTMENT REGULATIONS,,,,§ 77.1 Definitions that apply to all Department programs.,ED,,,"[45 FR 22529, Apr. 3, 1980, as amended at 45 FR 37442, June 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86298, Dec. 30, 1980; 54 FR 21776, May 19, 1989; 57 FR 30342, July 8, 1992; 59 FR 34739, July 6, 1994; 64 FR 50392, Sept. 16, 1999; 77 FR 18679, Mar. 28, 2012; 78 FR 49355, Aug. 13, 2013; 79 FR 76094, Dec. 19, 2014; 80 FR 2608, Jan. 20, 2015; 82 FR 35449, July 31, 2017; 83 FR 18421, Apr. 27, 2018; 85 FR 62611, Oct. 5, 2020; 89 FR 70340, Aug. 29, 2024]","(a) [Reserved] (b) Unless a statute or regulation provides otherwise, the following definitions in 2 CFR part 200 apply to the regulations in subtitles A and B of this title. The following terms have the definitions given those terms in 2 CFR 200.1. Phrasing given in parentheses references the term or terms used in title 34 that are consistent with the term defined in title 2. Contract. (See definition in 2 CFR 200.1.) Equipment. (See definition in 2 CFR 200.1.) Federal award. (See definition in 2 CFR 200.1.) (The terms “award,” “grant,” and “subgrant”, as defined in paragraph (c) of this section, have the same meaning, depending on the context, as “Federal award” in 2 CFR 200.1.). Period of performance. (See definition in 2 CFR 200.1.) (For discretionary grants, the Department uses the term “project period,” as defined in paragraph (c) of this section, instead of “period of performance,” to describe the period during which funds can be obligated by the grantee.). Personal property. (See definition in 2 CFR 200.1.) Real property. (See definition in 2 CFR 200.1.) Recipient. (See definition in 2 CFR 200.1.) Subaward. (See definition in 2 CFR 200.1.) (The term “subgrant,” as defined in paragraph (c) of this section, has the same meaning as “subaward” in 2 CFR 200.1). Supplies. (See definition in 2 CFR 200.1.) (c) Unless a statute or regulation provides otherwise, the following definitions also apply to the regulations in subtitles A and B of this title: Acquisition means taking ownership of property, receiving the property as a gift, entering into a lease-purchase arrangement, or leasing the property. The term includes processing, delivery, and installation of property. Ambitious means promoting continued, meaningful improvement for program participants or for other individuals or entities affected by the grant, or representing a significant advancement in the field of education research, practices, or methodologies. When used to describe a performance target, whether a performance target is ambitious depends upon the context of the relevant performance measure and the baseline for that measure. Applicant means a party applying for a grant or subgrant under a program of the Department. Application means a request for a grant or subgrant under a program of the Department. Award has the same meaning as “Grant” in this paragraph (c). Baseline means the starting point from which performance is measured and targets are set. Budget means a recipient's financial plan for carrying out the project or program. Budget period means an interval of time into which a project period is divided for budgetary purposes. Construction means the preparation of drawings and specifications for a facilities project; erecting, building, demolishing, acquiring, renovating, major remodeling of, or extending a facilities project; or inspecting and supervising the construction of a facilities project. Construction does not include minor remodeling. Continuous improvement means using plans for collecting and analyzing data about a project component's implementation and outcomes (including the pace and extent to which project outcomes are being met) to inform necessary changes throughout the project. These plans may include strategies to gather ongoing feedback from participants and stakeholders on the implementation of the project component. Demonstrates a rationale means that there is a key project component included in the project's logic model that is supported by citations of high-quality research or evaluation findings that suggest that the project component is likely to significantly improve relevant outcomes. Department means the U.S. Department of Education. Director of the Institute of Education Sciences means the Director of the Institute of Education Sciences or an officer or employee of the Institute of Education Sciences acting for the Director under a delegation of authority. ED means the U.S. Department of Education. EDGAR means the Education Department General Administrative Regulations (34 CFR parts 75, 76, 77, 79, 81, 82, 84, 86, 97, 98, and 99). Elementary school means a day or residential school that provides elementary education, as determined under State law. Evaluation means an assessment using systematic data collection and analysis of one or more programs, policies, practices, and organizations intended to assess their implementation, outcomes, effectiveness, or efficiency. Evidence-based, for the purposes of 34 CFR part 75 means the proposed project component is supported by one or more of strong evidence, moderate evidence, promising evidence, or evidence that demonstrates a rationale. Evidence-building means a systematic plan for identifying and answering questions relevant to programs and policies through performance measurement, exploratory studies, or program evaluation. Experimental study means a study that is designed to compare outcomes between two groups of individuals (such as students) that are otherwise equivalent except for their assignment to either a treatment group receiving a project component or a control group that does not. Randomized controlled trials, regression discontinuity design studies, and single-case design studies are the specific types of experimental studies that, depending on their design and implementation ( e.g., sample attrition in randomized controlled trials and regression discontinuity design studies), can meet What Works Clearinghouse (WWC) standards without reservations as described in the WWC Handbooks: (i) A randomized controlled trial employs random assignment of, for example, students, teachers, classrooms, or schools to receive the project component being evaluated (the treatment group) or not to receive the project component (the control group). (ii) A regression discontinuity design study assigns the project component being evaluated using a measured variable ( e.g., assigning students reading below a cutoff score to tutoring or developmental education classes) and controls for that variable in the analysis of outcomes. (iii) A single-case design study uses observations of a single case ( e.g., a student eligible for a behavioral intervention) over time in the absence and presence of a controlled treatment manipulation to determine whether the outcome is systematically related to the treatment. Facilities means one or more structures in one or more locations. Fiscal year means the Federal fiscal year—a period beginning on October 1 and ending on the following September 30. GEPA means the General Education Provisions Act. Grant means financial assistance, including cooperative agreements, that provides support or stimulation to accomplish a public purpose. 2 CFR part 200, as adopted in 2 CFR part 3474, uses the broader, undefined term “Award” to cover grants, subgrants, and other agreements in the form of money or property, in lieu of money, by the Federal Government to an eligible recipient. The term does not include— (i) Technical assistance, which provides services instead of money; (ii) Other assistance in the form of loans, loan guarantees, interest subsidies, or insurance; (iii) Direct payments of any kind to individuals; and (iv) Contracts that are required to be entered into and administered under procurement laws and regulations. Grantee means the legal entity to which a grant is awarded and that is accountable to the Federal Government for the use of the funds provided. The grantee is the entire legal entity even if only a particular component of the entity is designated in the grant award notice (GAN). For example, a GAN may name as the grantee one school or campus of a university. In this case, the granting agency usually intends, or actually intends, that the named component assume primary or sole responsibility for administering the grant-assisted project or program. Nevertheless, the naming of a component of a legal entity as the grantee in a grant award document shall not be construed as relieving the whole legal entity from accountability to the Federal Government for the use of the funds provided. (This definition is not intended to affect the eligibility provision of grant programs in which eligibility is limited to organizations that may be only components of a legal entity.) The term “grantee” does not include any secondary recipients, such as subgrantees and contractors, that may receive funds from a grantee pursuant to a subgrant or contract. Grant period means the period for which funds have been awarded. Independent evaluation means an evaluation of a project component that is designed and carried out independently of, but in coordination with, the entities that develop or implement the project component. Local educational agency means: (i) A public board of education or other public authority legally constituted within a State for either administrative control of or direction of, or to perform service functions for, public elementary or secondary schools in: (A) A city, county, township, school district, or other political subdivision of a State; or (B) Such combination of school districts or counties a State recognizes as an administrative agency for its public elementary or secondary schools; or (ii) Any other public institution or agency that has administrative control and direction of a public elementary or secondary school. (iii) As used in 34 CFR parts 400, 408, 525, 526 and 527 (vocational education programs), the term also includes any other public institution or agency that has administrative control and direction of a vocational education program. Logic model (also referred to as a theory of action) means a framework that identifies key project components of the proposed project ( i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the theoretical and operational relationships among the key project components and relevant outcomes. Minor remodeling means minor alterations in a previously completed facilities project. The term also includes the extension of utility lines, such as water and electricity, from points beyond the confines of the space in which the minor remodeling is undertaken but within the confines of the previously completed facility. The term may also include related designs and drawings for these projects. The term does not include construction or renovation, structural alterations to buildings, facilities maintenance, or repairs. Moderate evidence means evidence of effectiveness of a key project component in improving a relevant outcome for a sample that overlaps with the populations or settings proposed to receive that component, based on a relevant finding from one of the following: (i) A practice guide prepared by the WWC using version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks reporting “strong evidence” or “moderate evidence” for the corresponding practice guide recommendation; (ii) An intervention report prepared by the WWC using version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks reporting “Tier 1 strong evidence” of effectiveness or “Tier 2 moderate evidence” of effectiveness or a “positive effect” on a relevant outcome based on a sample including at least 20 students or other individuals from more than one site (such as a State, county, city, local educational agency (LEA), school, or postsecondary campus), or a “potentially positive effect” on a relevant outcome based on a sample including at least 350 students or other individuals from more than one site (such as a State, county, city, LEA, school, or postsecondary campus), with no reporting of a “negative effect” or “potentially negative effect” on a relevant outcome; or (iii) A single experimental study or quasi-experimental design study reviewed and reported by the WWC most recently using version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks, or otherwise assessed by the Department using version 5.0 of the WWC Handbook, as appropriate, and that— (A) Meets WWC standards with or without reservations; (B) Includes at least one statistically significant and positive ( i.e., favorable) effect on a relevant outcome; (C) Includes no overriding statistically significant and negative effects on relevant outcomes reported in the study or in a corresponding WWC intervention report prepared under version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks; and (D) Is based on a sample from more than one site (such as a State, county, city, LEA, school, or postsecondary campus) and includes at least 350 students or other individuals across sites. Multiple studies of the same project component that each meet the requirements in paragraphs (iii)(A) through (C) of this definition may together satisfy the requirement in this paragraph (iii)(D). National level means the level of scope or effectiveness of a project component that is able to be effective in a wide variety of communities, including rural and urban areas, as well as groups with different characteristics (such as socioeconomic status, race, ethnicity, gender, disability, language, and migrant status), populations, and settings. Nonprofit, as applied to an agency, organization, or institution, means that it is owned and operated by one or more corporations or associations whose net earnings do not benefit, and cannot lawfully benefit, any private shareholder or entity. Nonpublic, as applied to an agency, organization, or institution, means that the agency, organization, or institution is nonprofit and is not under Federal or public supervision or control. Peer-reviewed scholarly publication means a final peer-reviewed manuscript accepted for publication, that arises from research funded, either fully or partially, by Federal funds awarded through a Department-managed grant, contract, or other agreement. A final peer-reviewed manuscript is defined as an author's final manuscript of a peer-reviewed scholarly paper accepted for publication, including all modifications resulting from the peer review process. The final peer-reviewed manuscript is not the same as the final published article, which is defined as a publisher's authoritative copy of the paper including all modifications from the publishing peer review process, copyediting, stylistic edits, and formatting changes. However, the content included in both the final peer-reviewed manuscript and the final published article, including all findings, tables, and figures should be identical. Performance measure means any quantitative indicator, statistic, or metric used to gauge program or project performance. Performance target means a level of performance that an applicant would seek to meet during the course of a project or as a result of a project. Preschool means the educational level from a child's birth to the time at which the State provides elementary education. Private, as applied to an agency, organization, or institution, means that it is not under Federal or public supervision or control. Project means the activity described in an application. Project component means an activity, strategy, intervention, process, product, practice, or policy included in a project. Evidence may pertain to an individual project component or to a combination of project components ( e.g., training teachers on instructional practices for English learners and follow-on coaching for these teachers). Project period means the period established in the award document during which Federal sponsorship begins and ends (See, 2 CFR 200.1 Period of performance). Promising evidence means evidence of the effectiveness of a key project component in improving a relevant outcome, based on a relevant finding from one of the following: (i) A practice guide prepared by the WWC reporting “strong evidence”, “moderate evidence”, or “promising evidence” for the corresponding practice guide recommendation; (ii) An intervention report prepared by the WWC reporting “Tier 1 strong evidence” of effectiveness, or “Tier 2 moderate evidence” of effectiveness, or “Tier 3 promising evidence” of effectiveness, or a “positive effect,” or “potentially positive effect” on a relevant outcome, with no reporting of a “negative effect” or “potentially negative effect” on a relevant outcome; or (iii) A single study assessed by the Department, as appropriate, that— (A) Is an experimental study, a quasi-experimental design study, or a well-designed and well-implemented correlational study with statistical controls for selection bias (such as a study using regression methods to account for differences between a treatment group and a comparison group); (B) Includes at least one statistically significant and positive ( i.e., favorable) effect on a relevant outcome; and (C) Includes no overriding statistically significant and negative effects on relevant outcomes reported in the study or in a corresponding WWC intervention report. Public, as applied to an agency, organization, or institution, means that the agency, organization, or institution is under the administrative supervision or control of a government other than the Federal Government. Quality data encompasses utility, objectivity, and integrity of the information. “Utility” refers to how the data will be used, either for its intended use or other uses. “Objectivity” refers to data being accurate, complete, reliable, and unbiased. “Integrity” refers to the protection of data from being manipulated. Quasi-experimental design study means a study using a design that attempts to approximate an experimental study by identifying a comparison group that is similar to the treatment group in important respects. This type of study, depending on design and implementation ( e.g., establishment of baseline equivalence of the groups being compared), can meet WWC standards with reservations, but cannot meet WWC standards without reservations, as described in the WWC Handbooks. Regional level means the level of scope or effectiveness of a project component that is able to serve a variety of communities within a State or multiple States, including rural and urban areas, as well as groups with different characteristics (such as socioeconomic status, race, ethnicity, gender, disability, language, and migrant status). For an LEA-based project, to be considered a regional-level project, a project component must serve students in more than one LEA, unless the project component is implemented in a State in which the State educational agency is the sole educational agency for all schools. Relevant outcome means the student outcome(s) or other outcome(s) the key project component is designed to improve, consistent with the specific goals of the program. Scientific data include the recorded factual material commonly accepted in the scientific community as of sufficient quality to validate and replicate research findings. Such scientific data do not include laboratory notebooks, preliminary analyses, case report forms, drafts of scientific papers, plans for future research, peer reviews, communications with colleagues, or physical objects and materials, such as laboratory specimens, artifacts, or field notes. Secondary school means a day or residential school that provides secondary education as determined under State law. In the absence of State law, the Secretary may determine, with respect to that State, whether the term includes education beyond the twelfth grade. Secretary means the Secretary of the Department of Education or an official or employee of the Department acting for the Secretary under a delegation of authority. Service function, with respect to a local educational agency: (i) Means an educational service that is performed by a legal entity—such as an intermediate agency: (A)( 1 ) Whose jurisdiction does not extend to the whole State; and ( 2 ) That is authorized to provide consultative, advisory, or educational services to public elementary or secondary schools; or (B) That has regulatory functions over agencies having administrative control or direction of public elementary or secondary schools. (ii) The term does not include a service that is performed by a cultural or educational resource. State means any of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. State educational agency means the State board of education or other agency or officer primarily responsible for the supervision of public elementary and secondary schools in a State. In the absence of this officer or agency, it is an officer or agency designated by the Governor or State law. Strong evidence means evidence of the effectiveness of a key project component in improving a relevant outcome for a sample that overlaps with the populations and settings proposed to receive that component, based on a relevant finding from one of the following: (i) A practice guide prepared by the WWC using version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks reporting “strong evidence” for the corresponding practice guide recommendation; (ii) An intervention report prepared by the WWC using version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks reporting “Tier 1 strong evidence” of effectiveness or a “positive effect” on a relevant outcome based on a sample including at least 350 students or other individuals across more than one site (such as a State, county, city, local educational agency (LEA), school, or postsecondary campus), with no reporting of a “negative effect” or “potentially negative effect” on a relevant outcome; or (iii) A single experimental study reviewed and reported by the WWC most recently using version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks, or otherwise assessed by the Department using version 5.0 of the WWC Handbook, as appropriate, and that— (A) Meets WWC standards without reservations; (B) Includes at least one statistically significant and positive ( i.e., favorable) effect on a relevant outcome; (C) Includes no overriding statistically significant and negative effects on relevant outcomes reported in the study or in a corresponding WWC intervention report prepared under version 2.1, 3.0, 4.0, 4.1, or 5.0 of the WWC Handbooks; and (D) Is based on a sample from more than one site (such as a State, county, city, LEA, school, or postsecondary campus) and includes at least 350 students or other individuals across sites. Multiple studies of the same project component that each meet the requirements in paragraphs (iii)(A) through (C) of this definition may together satisfy the requirement in this paragraph (iii)(D). Subgrant means an award of financial assistance in the form of money, or property in lieu of money, made under a grant by a grantee to an eligible subgrantee. The term includes financial assistance when provided by contractual or any other form of legal agreement, but does not include procurement purchases, nor does it include any form of assistance that is excluded from the definitions of “Grant or Award” in this part (See 2 CFR 200.92, “Subaward”). Subgrantee means the government or other legal entity to which a subgrant is awarded and that is accountable to the grantee for the use of the funds provided. What Works Clearinghouse (WWC) Handbooks (WWC Handbooks) means the standards and procedures set forth in the WWC Procedures and Standards Handbook, Version 5.0, or in the WWC Standards Handbook, Version 4.0 or 4.1, or in the WWC Procedures Handbook, Version 4.0 or 4.1, the WWC Procedures and Standards Handbook, Version 3.0 or Version 2.1 (all incorporated by reference; see § 77.2). Study findings eligible for review under WWC standards can meet WWC standards without reservations, meet WWC standards with reservations, or not meet WWC standards. WWC practice guides and intervention reports include findings from systematic reviews of evidence as described in the WWC Handbooks documentation. Work of art means an item that is incorporated into a facility primarily because of its aesthetic value." 34:34:1.1.1.1.23.0.113.2,34,Education,,,77,PART 77—DEFINITIONS THAT APPLY TO DEPARTMENT REGULATIONS,,,,§ 77.2 Incorporation by reference.,ED,,,"[89 FR 70343, Aug. 29, 2024]","Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Department of Education (the Department) and the National Archives and Records Administration (NARA). Contact the Department at: Institute of Education Sciences, National Center for Education Evaluation and Regional Assistance, 550 12th Street SW, PCP-4158, Washington, DC, 20202-5900; phone: (202) 245-6940; email: Contact.WWC@ed.gov . For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov . The following material may be obtained from Institute of Education Sciences, 550 12th Street SW, Washington, DC, 20202; phone: (202) 245-6940; website: http://ies.ed.gov/ncee/wwc/Handbooks . (a) What Works Clearinghouse Procedures and Standards Handbook, WWC 2022008REV, Version 5.0, August 2022; Revised December 2022; IBR approved for § 77.1. (b) What Works Clearinghouse Standards Handbook, Version 4.1, January 2020, IBR approved for § 77.1. (c) What Works Clearinghouse Procedures Handbook, Version 4.1, January 2020, IBR approved for § 77.1. (d) What Works Clearinghouse Standards Handbook, Version 4.0, October 2017, IBR approved for § 77.1. (e) What Works Clearinghouse Procedures Handbook, Version 4.0, October 2017, IBR approved for § 77.1. (f) What Works Clearinghouse Procedures and Standards Handbook, Version 3.0, March 2014, IBR approved for § 77.1. (g) What Works Clearinghouse Procedures and Standards Handbook, Version 2.1, September 2011, IBR approved for § 77.1." 38:38:2.0.1.1.34.0.364.1,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.1 Purpose and scope.,VA,,,,"This section establishes the Grants for Adaptive Sports Programs for Disabled Veterans and Disabled Members of the Armed Forces program. Under this program, VA may provide grants to eligible entities to plan, develop, manage, and implement programs to provide adaptive sports activities for disabled veterans and disabled members of the Armed Forces." 38:38:2.0.1.1.34.0.364.10,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.10 Peer review methods.,VA,,,,"(a) VA may subject both pre-applications and formal applications to a peer review process. For both competitive and noncompetitive applications, peer review will normally consist of written comments based on the selection criteria established in § 77.5 and any weighting factors identified in the NOFA or conveyed in writing to the noncompetitive applicant, together with the assignment of numerical values. Peer review may occur at meetings of peer reviewers that are held under VA oversight, through mail reviews, or a combination of both. When advisable, site visits may also be employed. The method of peer review anticipated for each announced competitive program, including the weighting factors to be used by peer reviewers, will be specified in each NOFA. (b) When formal applications are required in response to a NOFA, an initial review will be conducted by qualified VA staff, in order to eliminate from peer review consideration applications which do not meet minimum program requirements. Such requirements as listed in § 77.5 and weighting factors will be specified in the NOFA. Applications determined to be qualified and eligible for further consideration may then be considered under the peer review process." 38:38:2.0.1.1.34.0.364.11,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.11 Outreach required.,VA,,,,"(a) As a condition of receiving a grant under this part, an eligible entity must agree to conduct a joint outreach campaign with VA to inform all eligible veterans and separating members of the Armed Forces with physical disabilities about the existence of the adaptive sports activities funded by the grant, as appropriate, and shall provide for, facilitate, and encourage participation of such veterans and separating members of the Armed Forces in programs under this part to the extent possible. (b) For grantees conducting adaptive sports activities at the community level, outreach must include active liaison with local VA and DoD facilities; State, local, and tribal governments; and VSOs, private agencies, and organizations providing adaptive sport activities to disabled veterans and disabled members of the Armed Forces to be served by the grantee. (c) For grantees conducting adaptive sports activities occurring at the national and regional levels, outreach must include active liaison with VA and DoD, State governments, VSOs, and private agencies and organizations providing adaptive sport services to disabled veterans and disabled members of the Armed Forces to be served by the grantee and tailored as appropriate to the deliverables of the grant." 38:38:2.0.1.1.34.0.364.12,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.12 Notice of funding availability.,VA,,,,"When funds are available for grants, VA will publish a NOFA in the OMB-designated government-wide Web site. The notice will identify: (a) The information required to be in notices of funding opportunities in 2 CFR Part 200; (b) The location for obtaining grant applications; (c) The date, time, and place for submitting completed grant applications; (d) The estimated amount and type of grant funding available; (e) The length of term for the grant award, covering the amount of time the award remains in effect through date of completion; (f) The minimum scores and scores per mandatory evaluation criteria area in § 77.5 that an applicant must receive in order for a grant to be considered for funding; and (g) The timeframe and manner for payments under the grant." 38:38:2.0.1.1.34.0.364.13,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.13 Applications for noncompetitive adaptive sports grants.,VA,,,"[79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015]","(a) When VA identifies that an eligible entity is the only entity capable of providing an adaptive sports activity for disabled veterans and disabled members of the Armed Forces, and VA determines that the award of a grant to this entity is warranted to enable adaptive sports activities for disabled veterans and disabled members of the Armed Forces, VA may request that entity to submit a grant application. To verify that only one entity is capable of providing an adaptive sports activity: (1) VA must determine that the adaptive sports activity is available only from one eligible entity; (2) VA must receive a written statement from an entity which verifies that a particular adaptive sports activity is only available from a named non-Federal entity; or (3) After VA attempts to find competition for a grant by issuing a NOFA, VA receives only one application to provide the adaptive sports activity sought under the NOFA or having received no applications, engages a qualified adaptive sport entity to negotiate provision of the adaptive sports activity sought. (b) To submit an application for a noncompetitive adaptive sports grant, an applicant must obtain from VA an adaptive sports grant application package and submit to VA the information called for in the adaptive sports grant application package within the time period established in the NOFA. (c) The noncompetitive adaptive sports grant application must include: (1) Information regarding the program design and supporting evidence directly linking the program to the achievement of the program's objectives; (2) Documentation on the eligibility of the applicant to receive an adaptive sports grant and on why the award of a noncompetitive grant is warranted; (3) Description of the type of adaptive sports activities that would be provided; (4) Documentation concerning the estimated operating costs and operating budget for the adaptive sports activities for which a grant is sought; (5) Documentation that the applicant has the technical expertise needed; and (6) Reasonable assurances that if the applicant receives an adaptive sports grant under this part: (i) It will provide adequate financial and administrative support for providing the services set forth in the adaptive sports grant application and will actually provide such services; and (ii) It will keep records and submit reports as VA may reasonably require, within the time frames required; and give VA, upon demand, access to the records upon which such information is based." 38:38:2.0.1.1.34.0.364.14,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.14 Grant agreements.,VA,,,,"(a) General. After a grant is approved for award, VA will draft a grant agreement to be executed by VA and the grantee. Upon execution of the grant agreement, VA will obligate the grant amount. The grant agreement will include a provision requiring that the grantee will operate the program in accordance with the provisions of this part, 2 CFR Part 200, and the grant application. (b) Equipment. If grant funds will be used to procure or operate adaptive sports equipment to directly provide adaptive sports activities, the grant agreement must provide that: (1) Title to the adaptive sports equipment vests solely in the grantee, or, for leased equipment, in an identified lessor; (2) The grantee will at a minimum, provide liability insurance for the adaptive sports equipment to the same extent they would insure adaptive sports equipment procured with their own funds; and (3) Adaptive sports equipment will be safe to use and maintained in accordance with the manufacturer's recommendations. (c) Use of funds for administrative and personnel expenses. (1) An eligible entity that receives a grant under this part may use a portion of the grant for administrative expenses and personnel expenses of the eligible entity. The amount that may be used for such expenses may not exceed: (i) In the case of a grant made for adaptive sports activities taking place during fiscal year 2014, 10 percent of the total amount of the grant; (ii) In the case of a grant made for adaptive sports activities taking place during fiscal year 2015, 7.5 percent of the total amount of the grant; and (iii) In the case of a grant made for adaptive sports activities taking place during any subsequent fiscal year, 5 percent of the total amount of the grant. (2) For purposes of § 77.14(c), personnel expenses include any costs associated with an employee of the eligible entity other than reimbursement for time spent by such an employee directly providing coaching or training for participants. (d) Use of grant funds for individuals who are not veterans or members of the Armed Forces. The grant agreement may authorize grantees to support or provide services (including adaptive sports activities) to individuals with disabilities who are not veterans or members of the Armed Forces, or both, but will prohibit grant funds from being used to support or provide services (including adaptive sports activities) to those individuals. (e) Restrictions on the participation of certain veterans and former servicemembers. The grant agreement will prohibit grant funds from being used to support or provide services (including adaptive sports activities) to veterans or former servicemembers who are barred from receiving VA benefits based on their service (see 38 U.S.C. 5303-5303A) and to veterans or former servicemembers who, if otherwise eligible, would be barred from receiving VA pension, compensation or dependency and indemnity compensation based on the character of their discharge from military service (see 38 CFR 3.12)." 38:38:2.0.1.1.34.0.364.15,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.15 Payments under the grant.,VA,,,,"(a) Payments to grantees. Grantees are to be paid in accordance with the timeframes and manner set forth in the NOFA. (b) Payments to subgrantees. Payments of grant funds by grantees to subgrantees (including entities with which the grantee has entered into a partnership) for instruction, participation, and competition in sports may only be made for instruction, participation, and competition in Paralympic sports." 38:38:2.0.1.1.34.0.364.16,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.16 Grantee reporting requirements.,VA,,,"[79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015]","(a) Annual report. All grantees must submit to VA, not later than 60 days after the last day of the Federal fiscal year for which a grant is provided under this part, an annual report which sets forth the following information for that fiscal year: (1) A detailed record of the time involved in providing adaptive sports activities through direct personal interaction with participants and time expended in adaptive sports activities that do not involve direct personal interaction with participants; (2) A detailed record of the individual adaptive sports activities conducted; (3) A detailed record of the adaptive sports programs carried out at the national and local levels through partnerships with VA, DoD, VSOs, and other adaptive sports entities; (4) The number of veterans and the number of participants in the adapted sports activities funded by the grant including those who participated in any programs carried out through a partnership under this part; (5) The locations where adaptive sports activities were conducted; and (6) A detailed accounting of how the grant funds were used including the administrative and personnel expenses incurred by the grantee in carrying out the program and such expenses paid for using grant funds. (b) Quarterly report. All grantees must submit to VA a quarterly report 30 days after the close of each Federal fiscal quarter of the grant period which includes the same information required for annual reports, as well as projected change requests if applicable. (c) Program variations. Any changes in a grantee's program activities which result in deviations from the grant agreement must be reported to VA. (d) Additional reporting. Additional reporting requirements may be requested by VA to allow VA to fully assess program effectiveness. (e) Annual report compliance. If a grantee does not submit the annual report required under this section for any fiscal year, the grantee shall not be eligible to receive a grant under this part for the subsequent fiscal year." 38:38:2.0.1.1.34.0.364.17,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.17 Recovery of funds by VA.,VA,,,,"(a) Recovery of funds. VA may recover from the grantee any funds that are not used in accordance with a grant agreement. If VA decides to recover funds, VA will issue to the grantee a notice of intent to recover grant funds, and grantee will then have 30 days to submit documentation demonstrating why the grant funds should not be recovered. After review of all submitted documentation, VA will determine whether action will be taken to recover the grant funds. (b) Prohibition of additional adaptive sports grant payments. When VA makes a final decision that action will be taken to recover grant funds from the grantee, VA must stop further payments of grant funds under this part until the grant funds are recovered and the condition that led to the decision to recover grant funds has been resolved." 38:38:2.0.1.1.34.0.364.18,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.18 Visits to monitor operations and compliance.,VA,,,,"VA has the right, at all reasonable times, to make visits to all grantee locations where a grantee is using adaptive sports 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 at a location away from the grantee's place of business, VA may accompany the grantee. If any visit is made by VA on the premises of the grantee or a subcontractor under the adaptive sports 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 as manner as will not unduly delay services." 38:38:2.0.1.1.34.0.364.19,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.19 Financial management.,VA,,,"[79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015]","(a) All recipients will comply with applicable requirements of the Single Audit Act Amendments of 1996, as implemented by 2 CFR part 200. (b) All grantees must use a financial management system that complies with 2 CFR Part 200. Grantees must meet the applicable requirements of OMB's regulations on Cost Principles at 2 CFR part 200." 38:38:2.0.1.1.34.0.364.2,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.2 Definitions.,VA,,,,"For the purposes of this part and any Notice of Funding Availability (NOFA) issued pursuant to this part: Adaptive sports means a sport that has either been adapted specifically for persons with a disability or created specifically for persons with a disability. Adaptive sports activities means: (1) Instruction, participation, and competition in adaptive sports; (2) Training and technical assistance to program administrators, coaches, recreational therapists, instructors, Department employees, and other appropriate individuals; and (3) Coordination, Paralympic classification of athletes, athlete assessment, sport-specific training techniques, program development (including programs at the local level), sports equipment, supplies, program evaluation, and other activities related to the implementation and operation of the program. Adaptive sports grant means a grant awarded or to be awarded under this part. Adaptive sports grant agreement means the agreement executed between VA and a grantee as specified under § 77.17. Applicant means an eligible entity that submits an application for an adaptive sports grant announced in a NOFA. DoD means the Department of Defense. Eligible entity means a Non-Federal Government entity with significant experience in managing a large-scale adaptive sports program for persons with disabilities if those disabilities are those that many disabled veterans and disabled members of the Armed Forces have. To demonstrate significant experience, all the key personnel identified in the adaptive sports grant application of the entity must have experience implementing the adaptive sports activities to be provided and have experience working with persons with disabilities that many disabled veterans and disabled members of the Armed Forces to be served through the adaptive sports grant have. The experience must be for two continuous years immediately prior to the date of submission to VA of the grant application. When more than one entity would be engaged in the provision of the adaptive sport activities, the entity applying for the adaptive sports grant must provide documentation that verifies that through the partnership, it has the experience necessary to implement all of the adaptive sports activities proposed in the adaptive sports grant application. Grantee means an entity that is awarded an adaptive sports grant under this part. International Paralympic Committee (IPC) means the global governing body of the Paralympic movement. Large-scale adaptive sports program means (1) An adaptive sports program of a National Paralympic Committee (NPC) or of a National Governing Body (NGB) that is authorized to provide Paralympic sports programs in one or more States; (2) An adaptive sports program of a NGB that has been recognized by an external validating authority if the programs validated by that authority would meet the requirements of paragraph (3) of this definition if considered one program; and (3) An adaptive sports program in which at least 50 persons with disabilities participate or in which the persons with disabilities who participate in the program reside in at least five different congressional districts. National Governing Body (NGB) means an organization that looks after all aspects of a sport and is responsible for training, competition and development for their sports. National Paralympic Committee (NPC) means the national organization recognized by the International Paralympic Committee (IPC) as the sole representative of athletes with disabilities from their respective jurisdiction. Notice of funding availability (NOFA) means a Notice of Funding Availability published in the OMB-designated government-wide Web site in accordance with § 77.13 and 2 CFR Part 200. Paralympics means a series of international contests for athletes with a range of physical and intellectual disabilities, including mobility disabilities, amputations, blindness, and traumatic brain injury, that are associated with and held following the summer and winter Olympic Games. Participant means a disabled veteran or disabled member of the Armed Forces who is receiving adaptive sport activities from a grantee. Partnership means any type of arrangement in which the parties agree to cooperate and is not limited to a legal partnership. Peer review means the technical and programmatic evaluation by a group of experts qualified by training and experience to give expert advice, based on selection criteria established under § 77.13 or in a program announcement, on the technical and programmatic merit of adaptive sports grant applications. Persons with a disability includes persons with physical and intellectual disabilities. Sport means a usually competitive individual or group physical activity governed by a set of rules or customs, which, through casual or organized participation, aim to use, maintain or improve physical ability and skills while normally providing entertainment to participants. VA means the Department of Veterans Affairs. Veteran means a person described in § 3.1 of this title. Veterans Service Organization (VSO) means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code, a subgroup of such an organization, or a nonprofit entity registered with the U.S. Government that has a primary mission to provide services to veterans and members of the Armed Services." 38:38:2.0.1.1.34.0.364.20,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.20 Recordkeeping.,VA,,,,Grantees must ensure that records are maintained in accordance with 2 CFR part 200. Grantees must produce such records at VA's request. 38:38:2.0.1.1.34.0.364.21,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.21 Application of other regulations.,VA,,,,"For purposes of this part, the requirements in 38 CFR parts 43 and 49 are superseded by those in 2 CFR part 200." 38:38:2.0.1.1.34.0.364.3,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.3 Grants—general.,VA,,,,"(a) Grants. VA may award adaptive sports grants to eligible entities. (b) Maximum amount. The maximum grant amounts to be awarded will be specified in the NOFA. (c) No matching requirement. A grantee will not be required to provide matching funds as a condition of receiving such grant. (d) Participants will not be charged. A grantee may not charge participants a fee for providing adaptive sports activities that were outlined in their adaptive sports grant application. (e) Grant is not veteran's benefit. The grant offered by this chapter is not a veteran's benefit. As such, the decisions of the Secretary are final and not subject to the same appeal rights as decisions related to veterans benefits." 38:38:2.0.1.1.34.0.364.4,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.4 Applications.,VA,,,"[79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015]","(a) Initial application. To apply for an initial grant, an applicant must submit to VA a complete grant application package, as described in the NOFA. (b) Renewal application. After receiving an initial grant, grantees may apply for a renewal grant if the grantee's program will remain substantially the same. The grantee must submit to VA a complete renewal application as described in the NOFA. Because evaluations of renewal applications rely on performance data related to the initial grant, the application and supporting documentation may vary from the initial application; however, renewal applications are competitive grants and will be evaluated under competitive grant selection processes. (c) Noncompetitive application. When a condition exists for a noncompetitive grant as outlined in § 77.15, the adaptive sports entity may submit a noncompetitive application that meets the same format as outlined for competitive grants set forth in the NOFA." 38:38:2.0.1.1.34.0.364.5,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.5 Selection criteria.,VA,,,,"(a) VA will review all applications for adaptive sports grants using the following selection criteria: (1) The adaptive sports activities to be provided by the program are clearly stated; (2) The objectives of the proposed program are clearly defined; (3) The program design is based on facts, good reasoning, sound judgment, and logic, and contains program elements directly linked to the achievement of program objectives; (4) The program management structure is adequate to the successful conduct of the program; (5) The applicant's capability (including support provided by any partnership or partnerships) is demonstrated at a level sufficient to successfully support the program; (6) Budgeted costs are reasonable, allowable and produce good value for the amount of funds paid for the activities proposed to be undertaken; (7) The proposed program provides adaptive sports opportunities in geographic regions where VA has identified limited sports opportunities for disabled veterans and disabled members of the Armed Forces; (8) The proposed program provides an adaptive sports activity or adaptive sports activities that meet the current needs and priorities for disabled veterans and disabled members of the Armed Forces; and (9) Inclusion of all required information in the grant application as specified by 38 U.S.C. 521A(c). (b) NOFA announcements may also clarify the selection criteria in paragraph (a) of this section. The relative weight (point value) for each selection criterion will be specified in the NOFA." 38:38:2.0.1.1.34.0.364.6,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.6 Amendments to grant applications.,VA,,,"[79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015]","An applicant seeking to amend its grant application must submit a revised Standard Forms 424 (Application for Federal Assistance) and 424C (Budget Information) with a narrative description of, and justification for, the amendment. An applicant may submit an amendment after the deadline for submission of applications and prior to grant award if the amendment does not change the scope of the application. In addition, amendments submitted after the deadline and prior to grant award cannot increase the amount of the grant requested by more than a total of 10 percent." 38:38:2.0.1.1.34.0.364.7,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.7 Withdrawal of grant application.,VA,,,,An applicant may withdraw its application by submitting to VA a written document that withdraws the application. 38:38:2.0.1.1.34.0.364.8,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.8 Additional requirements and procedures for applications.,VA,,,"[79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015]","(a) Application for grants. An applicant may submit, on or before the submission deadline date established in a NOFA, an application in accordance with the instructions in the NOFA and including the forms specified in the NOFA. Such application must be signed by the applicant or an official or representative of the applicant duly authorized to make such application and to assume on behalf of the applicant the obligations imposed by law, applicable regulations, and any additional terms and conditions of the grant. VA may require in the NOFA for applicants to submit a pre-application for review and approval prior to the submission of an application. (b) Partnerships. (1) Eligible entities may enter into partnerships with other eligible entities, including those in other States, and submit joint applications for adaptive sports grants. (2) A joint application made by two or more applicants may have separate budgets corresponding to the programs, services and activities performed by each of the joint applicants or may have a combined budget. If a joint application presents separate budgets, VA may make separate awards, or may award a single award authorizing separate amounts for each joint applicant. (c) Evaluation of applications submitted. All applications submitted shall be evaluated. After the initial internal or peer review, additional internal evaluations and/or peer reviews may be used. (d) Applicant's performance on prior award. When the applicant has previously received an award from VA or another Federal agency, the applicant's noncompliance with requirements applicable to such prior award as reflected in past written evaluation reports and memoranda on performance, and the completeness of required prior submissions, may be considered by VA. In any case where VA proposes to deny a grant based upon the applicant's noncompliance with requirements applicable to the prior award, VA shall do so only after affording the applicant notice and a reasonable opportunity to rebut the proposed basis for denial of a grant. (e) Applicant's fiscal integrity. Applicants must meet and maintain standards of fiscal integrity for participation in Federal grant programs as reflected in 2 CFR part 200. (f) Disposition of applications. Upon review of an application and dependent on availability of funds, VA will: (1) Approve the application for funding, in whole or in part, for such amount of funds, and subject to such conditions that VA deems necessary or desirable; (2) Determine that the application is of acceptable quality for funding, in that it meets minimum criteria, but disapprove the application for funding because it did not rank sufficiently high in relation to other applications to qualify for an award based on the level of funding available; (3) Disapprove the application for failure to meet the applicable selection criteria at a sufficiently high level in comparison to other applications to justify an award of funds, or for another reason as provided in the documentation of the decision; or (4) Defer action on the application for such reasons as lack of funds or a need for further review. (g) Notification of disposition. VA will notify the applicant in writing of the disposition of the application. A signed grant agreement form will be issued to the applicant of an approved application. (h) Availability of grant funds. Federal financial assistance is normally available only with respect to obligations incurred subsequent to the effective date of the grant. The effective date of grant will be set forth in the grant agreement. Recipients may be reimbursed for costs resulting from obligations incurred before the effective date of the grant, if such costs are authorized by VA in the NOFA, the grant agreement or subsequently by VA in writing, and otherwise would be allowable as costs of the grant under applicable guidelines, regulations, and terms and conditions of the grant agreement." 38:38:2.0.1.1.34.0.364.9,38,"Pensions, Bonuses, and Veterans' Relief",I,,77,PART 77—GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES,,,,§ 77.9 Use of pre-applications.,VA,,,"[79 FR 37217, July 1, 2014, as amended at 80 FR 25235, May 4, 2015]",VA may request pre-applications for competitive and noncompetitive grant applications. Such request would be made in a NOFA. 40:40:18.0.1.1.6.0.1.1,40,Protection of Environment,I,C,77,PART 77—EXCESS EMISSIONS,,,,§ 77.1 Purpose and scope.,EPA,,,,"(a) This part sets forth the excess emissions offset planning and offset penalty requirements under section 411 of the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Public Law 101-549 (November 15, 1990). These requirements shall apply to the owners and operators and, to the extent applicable, the designated representative of each affected unit and affected source under the Acid Rain Program. (b) Nothing in this part shall limit or otherwise affect the application of sections 112(r)(9), 113, 114, 120, 303, 304, or 306 of the Act, as amended. Any allowance deduction, excess emission penalty, or interest required under this part shall not affect the liability of the affected unit's and affected source's owners and operators for any additional fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violation, as ordered under the Act." 40:40:18.0.1.1.6.0.1.2,40,Protection of Environment,I,C,77,PART 77—EXCESS EMISSIONS,,,,§ 77.2 General.,EPA,,,,"Part 72 of this chapter, including §§ 72.2 (definitions), 72.3 (measurements, abbreviations, and acronyms), 72.4 (Federal authority), 72.5 (State authority), 72.6 (applicability), 72.7 (new units exemption), 72.8 (retired units exemption), 72.9 (standard requirements), 72.10 (availability of information), and 72.11 (computation of time), shall apply to this part. The procedures for appeals of decisions of the Administrator under this part are contained in part 78 of this chapter." 40:40:18.0.1.1.6.0.1.3,40,Protection of Environment,I,C,77,PART 77—EXCESS EMISSIONS,,,,§ 77.3 Offset plans for excess emissions of sulfur dioxide.,EPA,,,"[58 FR 3757, Jan. 11, 1993, as amended at 62 FR 55487, Oct. 24, 1997; 70 FR 25337, May 12, 2005]","(a) Applicability. The owners and operators of any affected source that has excess emissions of sulfur dioxide in any calendar year shall be liable to offset the amount of such excess emissions by an equal amount of allowances from the source's compliance account. (b) Deadline. Not later than 60 days after the end of any calendar year during which an affected source had excess emissions of sulfur dioxide (except for any increase in excess emissions under § 72.91(b) of this chapter), the designated representative for the source shall submit to the Administrator a complete proposed offset plan to offset those emissions. Each day after the 60-day deadline that the designated representative fails to submit a complete proposed offset plan shall be a separate violation of this part. (c) Number of Plans. The designated representative shall submit a proposed offset plan for each affected source with excess emissions of sulfur dioxide. (d) Contents of plan. A complete proposed offset plan shall include the following elements in a format prescribed by the Administrator for the source and for the calendar year for which the plan is submitted: (1) Identification of the source. (2) If the source had excess emissions for the calendar year prior to the year for which the plan is submitted, an explanation of how and why the excess emissions occurred for the year for which the plan is submitted and a description of any measures that were or will be taken to prevent excess emissions in the future. (3) At the designated representative's option, the number of allowances to be deducted from the source's compliance account's to offset the excess emissions for the year for which the plan is submitted. (4) At the designated representative's option, the serial numbers of the allowances that are to be deducted from the source's compliance account's. (5) A statement either that allowances to offset the excess emissions are to be deducted immediately from the source's compliance account or that they are to be deducted on a specified date in a subsequent year. (6) If the proposed offset plan does not propose an immediate deduction of allowances under paragraph (d)(5) of this section, a demonstration that such a deduction will interfere with electric reliability." 40:40:18.0.1.1.6.0.1.4,40,Protection of Environment,I,C,77,PART 77—EXCESS EMISSIONS,,,,§ 77.4 Administrator's action on proposed offset plans.,EPA,,,"[58 FR 3757, Jan. 11, 1993, as amended at 62 FR 55487, Oct. 24, 1997; 62 FR 66279, Dec. 18, 1997; 70 FR 25337, May 12, 2005]","(a) Determination of completeness. The Administrator will determine whether the proposed offset plan is complete within 30 days of receipt by the Administrator. The offset plan shall be deemed complete if the Administrator fails to notify the designated representative to the contrary within 30 days of receipt or when the Administrator approves the offset plan and deducts allowances in accordance with paragraph (b)(1) of this section. (b) Review of proposed offset plans. (1) If the designated representative submits a complete proposed offset plan for immediate deduction, from the source's compliance account, of allowances required to offset excess emissions of sulfur dioxide, the Administrator will approve the proposed offset plan without further review and will serve written notice of any approval on the designated representative. The Administrator will also give notice of any approval in the Federal Register. The plans will be incorporated in the unit's Acid Rain permit in accordance with § 72.84 of this chapter (automatic permit amendment) and will not be subject to the requirements of paragraphs (d) through (k) of this section. (2) Notwithstanding paragraph (b)(1) of this section, the Administrator may, in his or her discretion, require that the proposed offset plan under paragraph (b)(1) of this section be reviewed under paragraphs (c) through (k) of this section. The Administrator may exercise such discretion where he or she determines that review of the plan is necessary to ensure compliance with the emissions limitation and reduction goals or other purposes of title IV of the Act. (3) If the designated representative submits a complete proposed offset plan that does not meet the requirements of paragraph (b)(1) of this section, the Administrator will review the plan under paragraphs (c) through (k) of this section. (c) Supplemental information. (1)(i) Regardless of whether the proposed offset plan is complete under paragraph (a) of this section, the Administrator may require submission of any additional information that the Administrator determines is necessary to approve an offset plan. (ii) Such supplemental information may include, but is not limited to: (A) A description of the measures that are proposed to be taken to ensure that the source will have sufficient allowances to offset the excess emissions and to prevent excess emissions in future years; (B) A schedule of compliance with appropriate increments of progress for the proposed measures; and (C) A schedule for the submission of progress reports, and supporting documentation, describing actions taken and actions remaining to be taken under the schedule of compliance and any proposed adjustments to the schedule of compliance. (2)(i) The designated representative shall submit the information required under paragraph (c)(1) of this section within a reasonable period determined by the Administrator. (ii) If the designated representative fails to submit the supplemental information within the required time period, the Administrator may disapprove the proposed offset plan. (d) Draft offset plan. (1) After the Administrator receives a complete proposed offset plan and any supplemental information, the Administrator will prepare a draft offset plan that incorporates in whole, in part, or with changes or conditions as appropriate, the proposed offset plan or disapprove a draft offset plan for the affected source. Regardless of whether the Administrator required the submission of the information set forth in paragraph (c)(1)(ii) of this section, the draft offset plan may include, among other requirements and conditions as determined to be appropriate by the Administrator, the submission of schedules of compliance, progress reports, and monitoring and other information. (2) The draft offset plan will be based on the information submitted by the designated representative for the affected source and other relevant information. (3) The Administrator will serve a copy of the draft offset plan and the statement of basis on the designated representative of the affected source. (4) The Administrator will provide a 30-day period for public comment, and opportunity to request a public hearing, on the draft offset plan or disapproval of a draft offset plan in accordance with the public notice required under paragraph (g)(1)(i)(A) of this section. (e) Offset plan administrative record. (1) The Administrator will prepare an administrative record for an offset plan or disapproval of an offset plan. The administrative record will contain: (i) The proposed offset plan and any supporting or supplemental information submitted by the designated representative; (ii) The draft offset plan; (iii) The statement of basis; (iv) Copies of all documents relied on by the Administrator in approving or disapproving the draft offset plan (including any records of discussions or conferences with owners, operators or the designated representative of the source or interested persons regarding the draft offset plan) or, for any such documents that are readily available, a statement of their location; (v) Copies of all written public comments submitted on the draft offset plan or disapproval of a draft offset plan; (vi) The record of any public hearing on the draft offset plan or disapproval of a draft offset plan; (vii) The offset plan approved by the Administrator; and (viii) Any response to public comments submitted on the draft offset plan or disapproval of a draft offset plan, including any documents cited in the response and any other documents relied on by the Administrator or, for any such documents that are readily available, a statement of their location. (2) The Administrator will approve or disapprove an offset plan within 6 months of receipt of a complete proposed offset plan. (f) Statement of basis. (1) The statement of basis will briefly set forth significant factual, legal, and policy considerations on which the Administrator relied in approving or disapproving the draft offset plan. (2) The statement of basis will include: (i) The reasons, and supporting authority, for approval or disapproval of any proposed offset plan that does not require immediate deduction of allowances, including references to applicable statutory or regulatory provisions and to the administrative record; and (ii) The name, address, and telephone and facsimile number of the EPA office processing the approval or disapproval of the offset plan. (g) Opportunities for Public Comment on Draft Offset Plans —(1) Generally. (i) The Administrator will give public notice of the following: (A) The draft offset plan or disapproval of a draft offset plan and the opportunity for public comment and to request a public hearing; and (B) Date, time, location, and procedures for any scheduled hearing on the draft offset plan or the disapproval of a draft offset plan. (ii) Any public notice given under this section may be for the approval or disapproval of one or more draft offset plans. (2) Methods. The Administrator will give the public notice required by this section by: (i) Serving written notice on the following persons (except to the extent any such person has waived his or her right to receive such notice): (A) The designated representative; (B) The air pollution control agencies of affected States; and (C) Any interested person. (ii) Giving notice by publication in the Federal Register and in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice. (3) Contents. All public notices issued under this part will contain the following information: (i) Identification of the EPA office processing the approval or disapproval of the draft offset plan for which the notice is being given. (ii) Identification of the designated representative for the affected source. (iii) Identification of each affected source covered by the proposed offset plan. (iv) The amount of excess emissions that must be offset and the date on which the allowances are proposed to be deducted. (v) The address and office hours of a public location where the administrative record is available for public inspection and a statement that all information submitted by the designated representative and not protected as confidential pursuant to section 114(c) of the Act is available for public inspections as part of the administrative record. (vi) For public notice under paragraph (g)(1)(i)(A) of this section, a brief description of the public comment procedures, including: (A) A 30-day public comment period beginning the date of publication of the notice or, in the case of an extension or reopening of the public comment period, such period as the Administrator deems appropriate; (B) The address where public comments should be sent; (C) Required formats and contents for public comment; (D) An opportunity to request a public hearing to occur not earlier than 15 days after public notice is given and the location, date, time, and procedures of any scheduled public hearing; and (E) Any other means by which the public may participate. (4) Extensions and Reopenings of the Public Comment Period. On the Administrator's own motion, or on the request for any person, the Administrator may, at his or her discretion, extend or reopen the public comment period where he or she finds that doing so will contribute to the decision-making process by clarifying one or more significant issues affecting the draft offset plan or disapproval of a draft offset plan. Notice of any such extension or reopening will be given under paragraph (g)(1)(i)(A) of this section. (h) Public comments —(1) General. During the public comment period, any person may submit written comments on the draft offset plan or disapproval of a draft offset plan. (2) Form. (i) Comments shall be submitted in duplicate. (ii) The submission shall clearly indicate the draft offset plan approval or disapproval to which the comments apply. (iii) The submission shall clearly indicate the name of the commenter, his or her interest, and his or her affiliation, if any, to owners and operators of any unit covered by the proposed offset plan. (3) Contents. Timely comments on any aspect of a draft offset plan or disapproval of a draft offset plan will be considered unless they concern issues that are not relevant, such as: (i) The environmental effects of acid rain, acid deposition, sulfur dioxide, or nitrogen oxides generally; and (ii) Offset plan approval procedures or actions on other proposed offset plans that are not relevant to approval or disapproval of the draft offset plan in question. (4) Persons who do not wish to raise issues on the draft offset plan or denial of a draft offset plan, but who wish to be notified of any subsequent actions concerning such matter, may so indicate during the public comment period or at any other time. The Administrator will place their names on a list of interested persons. (i) Opportunity for Public Hearing. (1) During the public comment period, any person may request a public hearing. A request for a public hearing shall be made in writing and shall state the issues proposed to be raised in the hearing. (2) On the Administrator's own motion or on the request of any person, the Administrator may, at his or her discretion, hold a public hearing whenever the Administrator finds that such a hearing will contribute to the decision-making process by clarifying one or more significant issues affecting the draft offset plan or disapproval of a draft offset plan. Public hearings will not be held on issues under paragraphs (h)(3) (i) and (ii) of this section. (3) During a public hearing under this section, any person may submit oral or written comments concerning the draft offset plan or disapproval of a draft offset plan. The Administrator may set reasonable limits on the time allowed for oral statements and will require the submission of written summaries of each oral statement. (4) The Administrator will assure that a record is made of the hearing. (j) Response to Comments. (1) The Administrator will consider comments on the draft offset plan or disapproval of a draft offset plan received during the public comment period and any public hearing. The Administrator is not required to consider comments otherwise received. (2) In approving or disapproving an offset plan, the Administrator will: (i) Identify any draft offset plan provision or portion of the statement of basis that has been changed and the reasons for the change; and (ii) Briefly describe and respond to relevant comments under paragraph (j)(1) of this section. (k) Approval and Effective Date of Excess Emissions Offset Plans. (1) After the close of the public comment period, the Administrator will approve an offset plan requiring allowance deductions in an amount equal to the unit's tons of excess emissions or disapprove an offset plan. The Administrator will serve a copy of any approved offset plan and the response to comments on the designated representative for the affected unit involved and serve written notice of the approval or disapproval of the offset plan on any persons who are entitled to written notice under paragraphs (g)(2)(i) (B) and (C) of this section or who submitted written or oral comments on the approval or disapproval of the draft offset plan. The Administrator will also give notice in the Federal Register. (2) The Administrator will approve an offset plan requiring immediate deduction from the source's compliance account of all allowances necessary to offset the excess emissions except to the extent the designated representative of the source demonstrates that such a deduction will interfere with electric reliability. (3) Upon approval of the offset plan by the Administrator, the offset plan will be incorporated into the Acid Rain permit in accordance with § 72.84 (automatic permit amendment) and shall supersede any inconsistent provision of the permit." 40:40:18.0.1.1.6.0.1.5,40,Protection of Environment,I,C,77,PART 77—EXCESS EMISSIONS,,,,§ 77.5 Deduction of allowances to offset excess emissions of sulfur dioxide.,EPA,,,"[58 FR 3757, Jan. 11, 1993, as amended at 70 FR 25337, May 12, 2005]","(a) The Administrator will deduct allowances to offset excess emissions in accordance with the offset plan approved under § 77.4(b) (1) or (k) or in accordance with § 72.91(b) of this chapter. (b) The designated representative shall hold enough allowances in the appropriate compliance account to cover the deductions to be made in accordance with paragraph (a) or paragraph (c) of this section. (c) If the designated representative does not submit a timely and complete proposed offset plan, or if the Administrator disapproves a proposed offset plan under § 77.4 (c) or (k), the Administrator will immediately deduct allowances allocated for the year after the year in which the source has excess emissions, from the source's compliance account on a first-in, first-out basis in accordance with § 73.35(c)(2) of this chapter, equal to the amount of the source's excess emissions of sulfur dioxide." 40:40:18.0.1.1.6.0.1.6,40,Protection of Environment,I,C,77,PART 77—EXCESS EMISSIONS,,,,§ 77.6 Penalties for excess emissions of sulfur dioxide and nitrogen oxides.,EPA,,,"[58 FR 3757, Jan. 11, 1993, as amended at 60 FR 17131, Apr. 4, 1995; 62 FR 55487, Oct. 24, 1997; 70 FR 25337, May 12, 2005]","(a)(1) If excess emissions of sulfur dioxide occur at the affected source or nitrogen oxide occur at an affected unit during any year, the owners and operators respectively of the affected source and the affected units at the source or of the affected unit shall pay, without demand, an excess emissions penalty, as calculated under paragraph (b) of this section. (2) If one or more affected units governed by an approved NO X averaging plan under § 76.11 of this chapter fail (after applying § 76.11(d)(1)(ii)(C) of this chapter) to meet their respective alternative contemporaneous emission limitations or annual heat input limits, then excess emissions of nitrogen oxides occur during the year at each such unit. The sum of the excess emissions of nitrogen oxides of such units shall equal the amount determined under § 76.13(b) of this chapter. The owners and operators of such units shall pay an excess emissions penalty, as calculated under paragraph (b) of this section using the sum of the excess emissions of nitrogen oxides of such units. (3) Except as otherwise provided in this paragraph (a)(3), payment under paragraphs (a) (1) or (2) of this section shall be submitted to the Administrator by 30 days after the date on which the Administrator serves the designated representative a notice that the process of recordation set forth in § 73.34(a) of this chapter is completed or by July 1 of the year after the year in which the excess emissions occurred, whichever date is earlier. Payment under paragraph (a)(1) of this section for any increase in excess emissions of sulfur dioxide determined after adjustments made under § 72.91(b) of this chapter shall be submitted to the Administrator by 30 days after the date on which the Administrator serves the designated representative a notice that process set forth in § 72.91(b) of this chapter is completed. (b) Penalty formula. (1) The following formulas shall be used to determine the excess emissions penalty: Penalty for excess emissions of sulfur dioxide = $2000/ton × annual adjustment factor × tons of excess emissions of sulfur dioxide. Penalty for excess emissions of nitrogen oxides = $2000/ton × annual adjustment factor × tons of excess emissions of nitrogen oxides. (i) The annual adjustment factor will be calculated as follows: Annual adjustment factor = 1 + {[CPI(year) − CPI(1990)] / CPI(1990)} where: (A) “CPI(year)” is the Consumer Price Index as defined in § 72.2 of this chapter and “year” is the year in which the source or unit as appropriate had excess emissions. (B) “CPI(1990)” is the Consumer Price Index for 1990, as defined in § 72.2 of this chapter. (ii) The Administrator will publish the annual adjustment factor in the Federal Register by October 15 of each year beginning in 1995. (2) The penalty may be rounded to the nearest dollar after completing the calculation in paragraph (b)(1)(i) of this section. (3) The penalty for excess emissions of sulfur dioxide shall be paid separately from the payment for excess emissions of nitrogen oxides. Each payment shall be accompanied by a document, in a format prescribed by the Administrator, indicating the source or unit as appropriate for which the payment is made, whether the payment is for excess emissions of sulfur dioxide or nitrogen oxides, the number of tons of excess emissions, the penalty amount, and the check or money order number of the payment. (c) If an excess emissions penalty due under this part is not paid on or before the applicable deadline under paragraph (a) of this section, the penalty shall be subject to interest charges in accordance with the Debt Collection Act (31 U.S.C. 3717). Interest shall begin to accrue on the date on which the Administrator mails, to the designated representative of the source or unit as appropriate with excess emissions, a demand notice for the payment. (d)(1) Except for wire transfers made in accordance with paragraph (d)(2) of this section, payments of penalties shall be made by money order, cashier's check, certified check, or U.S. Treasury check made payable to the “U.S. EPA.” (2) Payments made under paragraph (c)(1) of this section shall be mailed to the following address, unless the Administrator has notified the designated representative of a different address: U.S. EPA: Headquarters Accounting Operations Branch, Acid Rain Excess Emissions Penalties, P.O. Box 952491, St. Louis, MO 63195-2491. (3) Payments of penalties of $25,000 or more may be made by wire transfer to the U.S. Treasury at the Federal Reserve Bank of New York. (e) If the Administrator determines that overpayment has been made, he or she will refund the overpayment without interest, as promptly as administratively possible. (f) Excess emissions in any year resulting directly from an order issued in that year under section 110(f) of the Act shall not be subject to the penalty payment requirements of this section; provided that the designated representative of any source or unit as appropriate subject to such order shall advise the Administrator within 30 days of issuance of the order that the order will result in such excess emissions." 44:44:1.0.1.2.42.0.10.1,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.1 Purpose and applicability.,FEMA,,,,"(a) The purpose of this part is to prescribe actions, procedures, and requirements for administration of the Flood Mitigation Assistance (FMA) grant program made available under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq. The purpose of the FMA program is to assist States, Indian Tribal governments, and communities for planning and carrying out mitigation activities designed to reduce the risk of flood damage to structures insured under the National Flood Insurance Program (NFIP). (b) This part applies to the administration of funds under the FMA program for which the application period opens on or after October 12, 2021." 44:44:1.0.1.2.42.0.10.2,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.2 Definitions.,FEMA,,,,"(a) Except as otherwise provided in this part, the definitions set forth in § 59.1 of this subchapter are applicable to this part. (b) Applicant means the entity, such as a State or Indian Tribal government, applying to FEMA for a Federal award under the FMA program. Once funds have been awarded, the applicant becomes the recipient and may also be a pass-through entity. (c) Closeout means the process by which FEMA or the pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in 2 CFR 200.344, “Closeout.” (d) Community means: (1) A political subdivision, including any Indian Tribe, authorized Tribal organization, Alaska Native village or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and is participating in the NFIP; or (2) A political subdivision of a State or other authority that is designated by political subdivisions, all of which meet the requirements of paragraph (d)(1) of this section, to administer grants for mitigation activities for such political subdivisions. (e) Federal award means the Federal financial assistance a recipient or subrecipient receives directly from FEMA or indirectly from a pass-through entity. The terms “award” and “grant” may also be used to describe a Federal award under this part. (f) Indian Tribal government means any Federally recognized governing body of an Indian or Alaska Native Tribe, band, nation, pueblo, village, or community that the Secretary of Interior acknowledges to exist as an Indian Tribe under the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5131. This does not include Alaska Native corporations, the ownership of which is vested in private individuals. (g) Pass-through entity means a recipient that provides a subaward to a subrecipient to carry out part of the FMA program. (h) Recipient means the State or Indian Tribal government that receives a Federal award directly from FEMA. A recipient may also be a pass-through entity. The term recipient does not include subrecipients. (i) Repetitive loss structure means a structure covered under an NFIP flood insurance policy that: (1) Has incurred flood-related damage on 2 occasions, in which the cost of repair, on average, equaled or exceeded 25% of the value of the structure at the time of each such flood event; and (2) At the time of the second incidence of flood related damage, the contract for flood insurance contains increased cost of compliance coverage. (j) Severe repetitive loss structure means a structure that is covered under an NFIP flood insurance policy and has incurred flood-related damage: (1) For which 4 or more separate claims payments have been made under flood insurance coverage under subchapter B of this chapter, with the amount of each claim (including building and contents payments) exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or (2) For which at least 2 separate flood insurance claims payments (building payments only) have been made, with cumulative amount of such claims exceeding the value of the insured structure. (k) State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (l) Subaward means an award provided by a pass-through entity to a subrecipient, for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. (m) Subapplicant means a State agency, community, or Indian Tribal government submitting a subapplication to the applicant for assistance under the FMA program. Upon grant award, the subapplicant is referred to as the subrecipient. (n) Subrecipient means the State agency, community, or Indian Tribal government that receives a subaward from a pass-through entity for the subrecipient to carry out an activity under the FMA program. (o) Administrator means the head of the Federal Emergency Management Agency, or his/her designated representative. (p) Regional Administrator means the head of a Federal Emergency Management Agency regional office, or his/her designated representative." 44:44:1.0.1.2.42.0.10.3,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.3 Responsibilities.,FEMA,,,,"(a) Federal Emergency Management Agency (FEMA). Administer and provide oversight to all FEMA-related hazard mitigation programs and grants, including: (1) Issue program implementation procedures, as necessary, which will include information on availability of funding; (2) Award all grants to the recipient after evaluating subaward applications for eligibility and ensuring compliance with applicable Federal laws, giving priority to such properties, or to the subset of such properties, as the Administrator may determine are in the best interest of the NFIF; (3) Provide technical assistance and training to State, local and Indian Tribal governments regarding the mitigation and grants management process; (4) Review and approve State, Indian Tribal, and local mitigation plans in accordance with part 201 of this chapter; (5) Comply with applicable Federal statutory, regulatory, and Executive Order requirements related to environmental and historic preservation compliance, including reviewing and supplementing, if necessary, the environmental analyses conducted by the State and subrecipient in accordance with applicable laws, regulations, and agency policy; (6) Monitor implementation of awards through quarterly reports; and (7) Review all closeout documentation for compliance and sending the recipient a request for additional supporting documentation, if needed. (b) Recipient. The recipient must have working knowledge of NFIP goals, requirements, and processes and ensure that the program is coordinated with other mitigation activities. Recipients will: (1) Have a FEMA approved Mitigation Plan in accordance with part 201 of this chapter; (2) Provide technical assistance and training to communities on mitigation planning, mitigation project activities, developing subaward applications, and implementing approved subawards; (3) Prioritize and recommend subaward applications to be approved by FEMA, based on the applicable mitigation plan(s), other evaluation criteria, and the eligibility criteria described in § 77.6; (4) Award FEMA-approved subawards; (5) Monitor and evaluate the progress of the mitigation activity in accordance with the approved original scope of work and budget through quarterly reports; (6) Closeout the subaward in accordance with 2 CFR 200.344 and 200.345, and applicable FEMA guidance; and (7) Comply with program requirements under this part, grant management requirements identified under 2 CFR parts 200 and 3002, the grant agreement articles, and other applicable Federal, State, Tribal and local laws and regulations. (c) Subrecipient. The subrecipient (or subapplicant, as applicable) will: (1) Complete and submit subaward applications to the recipient for FMA planning and project subawards; (2) Implement all approved subawards; (3) Monitor and evaluate the progress of the mitigation activity in accordance with the approved original scope of work and budget through quarterly reports; (4) Comply with program requirements under this part, grant management requirements identified under 2 CFR parts 200 and 3002, the grant agreement articles, and other applicable Federal, State, Tribal and local laws and regulations; and (5) Closeout the subaward in accordance with 2 CFR 200.344 and 200.345, and applicable FEMA guidance." 44:44:1.0.1.2.42.0.10.4,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.4 Availability of funding.,FEMA,,,,"(a) Allocation. (1) For the amount made available for the FMA program, the Administrator will allocate the available funds based upon criteria established for each application period. The criteria may include the number of NFIP policies, severe repetitive loss structures, repetitive loss structures, and any other factors the Administrator determines are in the best interests of the NFIF. (2) The amount of FMA funds used may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan of a community. (b) Cost share. All mitigation activities approved under the grant will be subject to the following cost share provisions: (1) For each severe repetitive loss structure, FEMA may contribute either: (i) Up to 100 percent of all eligible costs if the activities are technically feasible and cost effective; or (ii) Up to the amount of the expected savings to the NFIP for acquisition or relocation activities; (2) For repetitive loss structures, FEMA may contribute up to 90 percent of the eligible costs; (3) For all other mitigation activities, FEMA may contribute up to 75 percent of all eligible costs. (4) For projects that contain a combination of severe repetitive loss, repetitive loss, and/or other insured structures, the cost share will be calculated as appropriate for each type of structure submitted in the project subapplication. (c) Failure to make award within 5 years. Any FMA application or subapplication that does not receive a Federal award within 5 years of the application/subapplication submission date is considered to be denied, and any funding amounts allocated for such applications/subapplications will be made available for other FMA awards and subawards." 44:44:1.0.1.2.42.0.10.5,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.5 Application process.,FEMA,,,,"(a) Applicant. (1) Applicants will be notified of the availability of funding for the FMA program pursuant to 2 CFR 200.203 and 200.204. (2) The applicant is responsible for soliciting applications from eligible communities, or subapplicants, and for reviewing and prioritizing applications prior to forwarding them to FEMA for review and award. (b) Subapplicant. Communities or other subapplicants who choose to apply must develop subapplications within the timeframes and requirements established by FEMA and must submit subapplications to the applicant." 44:44:1.0.1.2.42.0.10.6,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.6 Eligibility.,FEMA,,,,"(a) NFIP requirements. (1) States, Indian Tribal governments, and communities must be participating in the NFIP and may not be suspended or withdrawn under the program. (2) For projects that impact individual structures, for example, acquisitions and elevations, an NFIP policy for the structure must be in effect prior to the opening of the application period and be maintained for the life of the structure. (b) Plan requirement —(1) Applicants. States must have a FEMA-approved mitigation plan meeting the requirements of § 201.4 of this chapter that provides for reduction of flood losses to structures for which NFIP coverage is available. Indian Tribal governments must have a FEMA-approved mitigation plan meeting the requirements of § 201.7 of this chapter that provides for reduction of flood losses to structures for which NFIP coverage is available. The FEMA-approved mitigation plan is required at the time of application and award. (2) Subapplicants. To be eligible for FMA project grants, subapplicants must have an approved mitigation plan in accordance with part 201 of this chapter that provides for reduction of flood losses to structures for which NFIP coverage is available. The FEMA-approved mitigation plan is required at the time of application and award. (c) Eligible activities —(1) Planning. FMA planning grants may be used to develop or update State, Indian Tribal and/or local mitigation plans that meet the planning criteria outlined in part 201 of this chapter and provide for reduction of flood losses to structures for which NFIP coverage is available. (2) Projects. Projects funded under the FMA program are limited to activities that reduce flood damages to properties insured under the NFIP. Applications involving any activities for which implementation has already been initiated or completed are not eligible for funding, and will not be considered. Eligible activities are: (i) Acquisition of real property from property owners, and demolition or relocation of buildings and/or structures to areas outside of the floodplain to convert the property to open space use in perpetuity, in accordance with part 80 of this subchapter; (ii) Elevation of existing structures to at least base flood levels or higher, if required by FEMA or if required by any State or local ordinance, and in accordance with criteria established by the Administrator; (iii) Floodproofing of existing non-residential structures in accordance with the requirements of the NFIP or higher standards if required by FEMA or if required by any State or local ordinance, and in accordance with criteria established by the Administrator; (iv) Floodproofing of historic structures as defined in § 59.1 of this subchapter; (v) Demolition and rebuilding of properties to at least base flood levels or higher, if required by FEMA or if required by any State or local ordinance, and in accordance with criteria established by the Administrator; (vi) Localized flood risk reduction projects that lessen the frequency or severity of flooding and decrease predicted flood damages, and that do not duplicate the flood prevention activities of other Federal agencies. Non-localized flood risk reduction projects such as dikes, levees, floodwalls, seawalls, groins, jetties, dams and large-scale waterway channelization projects are not eligible unless the Administrator specifically determines in approving a mitigation plan that such activities are the most cost-effective mitigation activities for the National Flood Mitigation Fund; (vii) Elevation, relocation, or floodproofing of utilities; and (viii) Other mitigation activities not described or identified in (c)(2)(i) through (vii) of this section that are described in the State, Tribal or local mitigation plan. (3) Technical assistance. If a recipient applied for and was awarded at least $1 million in the prior fiscal year, that recipient may be eligible to receive a technical assistance grant for up to $50,000. (4) Project scoping. Activities that enable subapplicants to develop complete subapplications for eligible mitigation activities including but not limited to data development. (d) Minimum project criteria. In addition to being an eligible project type, mitigation grant projects must also: (1) Be in conformance with State, Tribal and/or local mitigation plans approved under part 201 of this chapter for the jurisdiction where the project is located; (2) Be in conformance with applicable environmental and historic preservation laws, regulations, and agency policy, including parts 9 and 60 of this chapter, and other applicable Federal, State, Tribal, and local laws and regulations; (3) Be technically feasible and cost-effective; or, eliminate future payments from the NFIF for severe repetitive loss structures through an acquisition or relocation activity; (4) Solve a problem independently, or constitute a functional portion of a long-term solution where there is assurance that the project as a whole will be completed. This assurance will include documentation identifying the remaining funds necessary to complete the project, and the timeframe for completing the project; (5) Consider long-term changes to the areas and entities it protects, and have manageable future maintenance and modification requirements. The subrecipient is responsible for the continued maintenance needed to preserve the hazard mitigation benefits of these measures; and (6) Not duplicate benefits available from another source for the same purpose or assistance that another Federal agency or program has more primary authority to provide." 44:44:1.0.1.2.42.0.10.7,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.7 Allowable costs.,FEMA,,,,"(a) General. General policies for allowable costs for implementing awards and subawards are addressed in 2 CFR 200.101, 200.102, 200.400-200.476. (1) Eligible management costs —(i) Recipient. Recipients are eligible to receive management costs (direct and indirect administrative costs pursuant to 2 CFR part 200 subpart E) consisting of a maximum of 10 percent of the planning and project activities awarded to the recipient, each fiscal year under FMA. These costs must be included in the application to FEMA. (ii) Subrecipient. Subapplicants may include a maximum of 5 percent of the total funds requested for their subapplication for management costs to support the implementation of their planning or project activity. These costs must be included in the subapplication to the recipient. (2) Indirect costs. Indirect costs of administering the FMA program are eligible as part of the 10 percent management costs for the recipient or the 5 percent management costs of the subrecipient, but in no case do they make the recipient eligible for additional management costs that exceed the caps identified in paragraph (a)(1) of this section. In addition, all costs must be in accordance with the provisions of 2 CFR parts 200 and 3002. (b) Pre-award costs. FEMA may fund eligible pre-award costs related to developing the application or subapplication at its discretion and as funds are available. Recipients and subrecipients may be reimbursed for eligible pre-award costs for activities directly related to the development of the project or planning proposal. Costs associated with implementation of the activity but incurred prior to award are not eligible. Therefore, activities where implementation is initiated or completed prior to award are not eligible and will not be reimbursed. (c) Duplication of benefits. Grant funds may not duplicate benefits received by or available to applicants, subapplicants and project participants from insurance, other assistance programs, legal awards, or any other source to address the same purpose. Such individual or entity must notify the recipient and FEMA of all benefits that it receives or anticipates from other sources for the same purpose. FEMA will reduce the subaward by the amounts available for the same purpose from another source. (d) Negligence or other tortious conduct. FEMA grant funds are not available where an applicant, subapplicant, other project participant, or third party's negligence or intentional actions contributed to the conditions to be mitigated. If the applicant, subapplicant, or project participant suspects negligence or other tortious conduct by a third party for causing such condition, they are responsible for taking all reasonable steps to recover all costs attributable to the tortious conduct of the third party. FEMA generally considers such amounts to be duplicated benefits available for the same purpose, and will treat them consistent with paragraph (c) of this section. (e) Legal obligations. FEMA grant funds are not available to satisfy or reimburse for legal obligations, such as those imposed by a legal settlement, court order, or State law." 44:44:1.0.1.2.42.0.10.8,44,Emergency Management and Assistance,I,B,77,PART 77—FLOOD MITIGATION GRANTS,,,,§ 77.8 Grant administration.,FEMA,,,,"(a) General. Recipients must comply with the requirements contained in 2 CFR parts 200 and 3002 and FEMA award requirements, including submission of performance and financial status reports. Recipients must also ensure that subrecipients are aware of and comply with 2 CFR parts 200 and 3002. (b) Cost overruns. (1) During the implementation of an approved grant, the recipient may find that actual costs are exceeding the approved award amount. While there is no guarantee of additional funding, FEMA will only consider requests made by the recipient to pay for such overruns if: (i) Funds are available to meet the requested increase in funding; and (ii) The amended grant award meets the eligibility requirements, including cost share requirements, identified in this section. (2) Recipients may use cost underruns from ongoing subawards to offset overruns incurred by another subaward(s) awarded under the same award. All costs for which funding is requested must have been included in the original subapplication's cost estimate. In cases where an underrun is not available to cover an overrun, the Administrator may, with justification from the recipient and subrecipient, use other available FMA funds to cover the cost overrun. (3) For all cost overruns that exceed the amount approved under the award, and which require additional Federal funds, the recipient must submit a written request with a recommendation, including a justification for the additional funding to the Regional Administrator for a determination. If approved, the Regional Administrator will increase the award through an amendment to the original award document. (c) Recapture. At the time of closeout, FEMA will recapture any funds provided to a State or a community under this part if the applicant has not provided the appropriate matching funds, the approved project has not been completed within the timeframes specified in the grant agreement, or the completed project does not meet the criteria specified in this part. (d) Remedies for noncompliance. FEMA may terminate an award or take other remedies for noncompliance in accordance with 2 CFR 200.339 through 200.343. (e) Reconsideration. FEMA will reconsider determinations of noncompliance, additional award conditions, or its decision to terminate a Federal award. Requests for reconsideration must be made in writing to FEMA within 60 calendar days after receipt of a notice of the action, and in accordance with submission procedures set out in guidance. FEMA will notify the requester of the disposition of the request for reconsideration. If the decision is to grant the request for reconsideration, FEMA will take appropriate implementing action." 46:46:3.0.1.1.5.1.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.01,Subpart 77.01—Application,,§ 77.01-1 General.,USCG,,,,"(a) The provisions of this part shall apply to all vessels except as specifically noted. (b) [Reserved]" 46:46:3.0.1.1.5.1.1.2,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.01,Subpart 77.01—Application,,§ 77.01-3 Incorporation by reference.,USCG,,,"[CGD 82-042, 53 FR 17704, May 18, 1988, as amended by CGD 95-072, 60 FR 50463, Sept. 29, 1995; CGD 96-041, 61 FR 50729, Sept. 27, 1996; CGD 97-057, 62 FR 51045, Sept. 30, 1997; USCG-1999-5151, 64 FR 67181, Dec. 1, 1999; USCG-2009-0702, 74 FR 49231, Sept. 25, 2009; USCG-2012-0832, 77 FR 59779, Oct. 1, 2012; USCG-2013-0671, 78 FR 60150, Sept. 30, 2013]","(a) Certain materials are incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than the one listed in paragraph (b) of this section, notice of the change must be published in the Federal Register and the material made available to the public. All approved material is on file at the Office of the Federal Register, Washington, DC 20408, and at Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue, SE., Washington, DC 20593-7509. The material is also available from the address indicated in paragraph (b). (b) The material approved for incorporation by reference in this part, and the sections affected is: American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM F 1014-92, Standard Specification for Flashlights on Vessels—77.35-5 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM F 1014-92, Standard Specification for Flashlights on Vessels—77.35-5" 46:46:3.0.1.1.5.10.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.35,Subpart 77.35—Fireman's Outfit,,§ 77.35-1 Application.,USCG,,,"[CGD 86-036, 57 FR 48325, Oct. 23, 1992]","This subpart, except § 77.35-90, applies to each vessel that is on an international voyage and is contracted for on or after November 23, 1992. Each vessel that is on an international voyage and is contracted for before November 23, 1992, must satisfy § 77.35-90." 46:46:3.0.1.1.5.10.1.2,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.35,Subpart 77.35—Fireman's Outfit,,§ 77.35-5 General.,USCG,,,"[CGFR 65-50, 30 FR 16953, Dec. 30, 1965, as amended by CGFR 67-87, 32 FR 19181, Dec. 20, 1967; CGD 82-042, 53 FR 17704, May 18, 1988; CGD 86-036, 57 FR 48325, Oct. 23, 1992; USCG-1999-5151, 64 FR 67181, Dec. 1, 1999; USCG-2014-0688, 79 FR 58282, Sept. 29, 2014]","(a) All flame safety lamps shall be of an approved type, constructed in accordance with subpart 160.016 of subchapter Q (Specifications) of this chapter. (b) Each self-contained breathing apparatus must be of the pressure-demand, open-circuit type, approved by the Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH), and have at a minimum a 30-minute air supply and a full facepiece. (c) Flashlights shall be Type II or Type III, constructed and marked in accordance with ASTM F 1014 (incorporated by reference, see § 77.01-3). (d) All lifelines shall be of steel or bronze wire rope. Steel wire ropes shall be either inherently corrosion resistant, or made so by galvanizing or tinning. Each end shall be fitted with a hook with keeper having throat opening which can be readily slipped over a 5/8 -inch bolt. The total length of the lifeline shall be dependent upon the size and arrangement of the vessel, and more than one line may be hooked together to achieve the necessary length. No individual length of lifeline may be less than 50 feet in length. The assembled lifeline shall have a minimum breaking strength of 1,500 pounds. (e) All equipment shall be maintained in an operative condition, and it shall be the responsibility of the master and chief engineer to ascertain that a sufficient number of the crew are familiar with the operation of the equipment. (f) Boots and gloves shall be of rubber or other electrically nonconducting material. (g) The helmet shall provided effective protection against impact. (h) Protective clothing shall be of material that will protect the skin from the heat of fire and burns from scalding steam. The outer surface shall be water resistant." 46:46:3.0.1.1.5.10.1.3,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.35,Subpart 77.35—Fireman's Outfit,,§ 77.35-10 Fireman's outfit.,USCG,,,"[CGFR 65-50, 30 FR 16953, Dec. 30, 1965, as amended by CGFR 67-87, 32 FR 19181, Dec. 20, 1967; CGD 86-036, 57 FR 48325, Oct. 23, 1992; CGD 95-028, 62 FR 51204, Sept. 30, 1997]","(a) Each fireman's outfit must consist of one self-contained breathing apparatus, one lifeline with a belt or a suitable harness, one flashlight, one flame safety lamp, one rigid helmet, boots and gloves, protective clothing, and one fire ax. In lieu of the flame safety lamp, vessels may carry an oxygen depletion meter which is listed by a Coast Guard recognized independent laboratory as intrinsically safe. (b) The number of fireman's outfits required are as set forth in table 77.35-10(b). Table 77.35-10( b )" 46:46:3.0.1.1.5.10.1.4,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.35,Subpart 77.35—Fireman's Outfit,,§ 77.35-15 Stowage.,USCG,,,,"(a) The fireman's outfit, together with such other items of equipment as the master may deem necessary, shall be stowed in convenient, accessible locations for use in case of emergency. One outfit shall be stowed in or near the pilothouse. Where additional outfits are required by table 77.35-10(b), one of the additional outfits shall be stowed preferably adjacent to the main entrance to the machinery space. Other additional outfits shall be stowed in convenient accessible locations remote from the pilothouse. (b) [Reserved]" 46:46:3.0.1.1.5.10.1.5,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.35,Subpart 77.35—Fireman's Outfit,,§ 77.35-20 Spare charges.,USCG,,,,"(a) A complete recharge shall be carried for each self-contained breathing apparatus, and a complete set of spare batteries shall be carried for each flashlight. The spares shall be stowed in the same location as the equipment it is to reactivate. (b) [Reserved]" 46:46:3.0.1.1.5.10.1.6,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.35,Subpart 77.35—Fireman's Outfit,,"§ 77.35-90 Vessels contracted for before November 23, 1992.",USCG,,,"[CGD 86-036, 57 FR 48325, Oct. 23, 1992]","Vessels contracted for before November 23, 1992, must meet the following requirements: (a) Each vessel must satisfy §§ 77.35-5 through 77.35-20 concerning the number of items and the method of stowage of equipment. (b) Items of equipment previously approved, but not meeting the applicable specifications set forth in § 77.35-5, may continue in service as long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection; but each item in an installation or a replacement must meet all applicable specifications. (c) After November 23, 1994, each respirator must either satisfy § 77.35-5(b) or be a self-contained compressed-air breathing apparatus previously approved by MSHA and NIOSH under part 160, subpart 160.011, of this chapter." 46:46:3.0.1.1.5.11.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.40,Subpart 77.40—Pilot Boarding Equipment,,§ 77.40-1 Pilot boarding equipment.,USCG,,,"[CGD 79-032, 49 FR 25455, June 21, 1984, as amended by USCG-2020-0519, 89 FR 76698, Sept. 18, 2024]","(a) This section applies to each vessel that normally embarks or disembarks a pilot from a pilot boat or other vessel. (b) Each vessel must have suitable pilot boarding equipment available for use on each side of the vessel. If a vessel has only one set of equipment, the equipment must be capable of being easily transferred to and rigged for use on either side of the vessel. (c) Pilot boarding equipment must be capable of resting firmly against the vessel's side and be secured so that it is clear from overboard discharges. (d) Each vessel must have lighting positioned to provide adequate illumination for the pilot boarding equipment and each point of access. (e) Each vessel must have a point of access that has— (1) A gateway in the rails or bulwark with adequate handholds; or (2) Two handhold stanchions and a bulwark ladder that is securely attached to the bulwark rail and deck. (f) The pilot boarding equipment required by paragraph (b) of this section must include at least one pilot ladder approved under subpart 163.003 of this chapter. Each pilot ladder must be of a single length and capable of extending from the point of access to the water's edge during each condition of loading and trim, with an adverse list of 15°. (g) Whenever the distance from the water's edge to the point of access is more than 30 feet, access from a pilot ladder to the vessel must be by way of an accommodation ladder or equally safe and convenient means." 46:46:3.0.1.1.5.2.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.03,Subpart 77.03—Marine Engineering Systems,,§ 77.03-1 Installation and details.,USCG,,,,"(a) The installation of all systems of a marine engineering nature, together with the details of design, construction, and installation, shall be in accordance with the requirements of subchapter F (Marine Engineering) of this chapter. Systems of this type include the following: Steering systems. Power for going astern. Bilge and ballast systems. Tank vent and sounding systems. Overboard discharges and shell connections. Pipe and pressure systems. Steering systems. Power for going astern. Bilge and ballast systems. Tank vent and sounding systems. Overboard discharges and shell connections. Pipe and pressure systems. (b) [Reserved]" 46:46:3.0.1.1.5.3.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.05,Subpart 77.05—Electrical Engineering and Interior Communication Systems,,§ 77.05-1 Installation and details.,USCG,,,"[CGFR 65-50, 30 FR 16953, Dec. 30, 1965, as amended by CGFR 66-33, 31 FR 15283, Dec. 6, 1966; CGFR 68-32, 33 FR 5716, Apr. 12, 1968; CGD 74-125A, 47 FR 15231, Apr. 8, 1982]","(a) The installation of all systems of an electrical engineering or interior communications nature, together with the details of design, construction, and installation, shall be in accordance with the requirements of subchapter J (Electrical Engineering) of this chapter. Systems of this type include the following: Ship's service generating systems. Ship's service power distribution systems. Ship's lighting systems. Electric propulsion and propulsion control systems. Emergency lighting and power systems. Electric lifeboat winch systems. Electric steering gear and steering control systems. Fire detecting and alarm systems Sound powered telephone and voice tube systems. Engine order telegraph systems. Rudder angle indicator systems. Refrigerated spaces alarm systems. Navigation lights systems. Daylight signaling lights. Miscellaneous machinery alarms and controls. General alarm systems. Ship's service generating systems. Ship's service power distribution systems. Ship's lighting systems. Electric propulsion and propulsion control systems. Emergency lighting and power systems. Electric lifeboat winch systems. Electric steering gear and steering control systems. Fire detecting and alarm systems Sound powered telephone and voice tube systems. Engine order telegraph systems. Rudder angle indicator systems. Refrigerated spaces alarm systems. Navigation lights systems. Daylight signaling lights. Miscellaneous machinery alarms and controls. General alarm systems. (b) Electrical equipment installed in spaces “specially suitable for vehicles” shall be in accordance with subchapter J (Electrical Engineering) of this chapter." 46:46:3.0.1.1.5.4.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.06,Subpart 77.06—Lifesaving Appliances and Arrangements,,§ 77.06-1 Installation.,USCG,,,"[CGD 84-069, 61 FR 25288, May 20, 1996]",The installation of all lifesaving appliances and arrangements must be in accordance with the requirements of subchapter W (Lifesaving Appliances and Arrangements) of this chapter. 46:46:3.0.1.1.5.5.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.07,"Subpart 77.07—Anchors, Chains, and Hawsers",,§ 77.07-1 Application.,USCG,,,,"(a) The provisions of this subpart, with the exception of § 77.07-90, shall apply to all vessels contracted for on or after November 19, 1952. Vessels contracted for prior to November 19, 1952, shall meet the requirements of § 77.07-90. (b) [Reserved]" 46:46:3.0.1.1.5.5.1.2,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.07,"Subpart 77.07—Anchors, Chains, and Hawsers",,"§ 77.07-5 Ocean, coastwise, or Great Lakes service.",USCG,,,"[CGFR 65-50, 30 FR 16953, Dec. 30, 1965, as amended by CGD 87-013, 53 FR 20624, June 6, 1988]","(a) Vessels in ocean, coastwise, or Great Lakes service shall be fitted with anchors, chains, and hawsers in general agreement with the standards established by the American Bureau of Shipping, see subpart 70.35 of this subchapter. (b) In addition to the provisions of paragraph (a) of this section, the following requirements and alternatives also apply: (1) The American Bureau of Shipping rules relating to anchor equipment are mandatory, not a guide. (2) Vessels under 200 feet (61 meters) in length and with an American Bureau of Shipping equipment number of less than 150 may be equipped with either— (i) One anchor of the tabular weight and one-half the tabulated length of anchor chain listed in the applicable standard, or (ii) Two anchors of one-half the tabular weight with the total length of anchor chain listed in the applicable standard provided both anchors are in a position that allows for ready use at all times and the windlass is capable of heaving in either anchor. (c) Standards of other recognized classification societies may be used, in lieu of those established by the American Bureau of Shipping, upon approval by the Commandant." 46:46:3.0.1.1.5.5.1.3,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.07,"Subpart 77.07—Anchors, Chains, and Hawsers",,"§ 77.07-10 Lakes, bays, and sounds, or river service.",USCG,,,,"(a) Vessels in lakes, bays, and sounds, or river service shall be fitted with such ground tackle and hawsers as deemed necessary by the Officer in Charge, Marine Inspection, depending upon the size of the vessel and the waters on which it operates. (b) [Reserved]" 46:46:3.0.1.1.5.5.1.4,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.07,"Subpart 77.07—Anchors, Chains, and Hawsers",,"§ 77.07-90 Vessels contracted for prior to November 19, 1952.",USCG,,,,"(a) Vessels contracted for prior to November 19, 1952, shall meet the following requirements: (1) Installations previously accepted or approved shall be considered satisfactory for the same service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. If the service of the vessel is changed, the suitability of the equipment will be established by the Officer in Charge, Marine Inspection. (2) [Reserved] (b) [Reserved]" 46:46:3.0.1.1.5.6.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.09,Subpart 77.09—Radar,,§ 77.09-1 When required.,USCG,,,"[CGD 75-074, 42 FR 5963, Jan. 31, 1977]","All mechanically propelled vessels of 1,600 gross tons and over in ocean or coastwise service must be fitted with a marine radar system for surface navigation. Facilities for plotting radar readings must be provided on the bridge." 46:46:3.0.1.1.5.7.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.11,Subpart 77.11—Magnetic Compass and Gyrocompass,,§ 77.11-1 When required.,USCG,,,"[CGD 75-074, 42 FR 5963, Jan. 31, 1977]","(a) All mechanically propelled vessels in ocean, coastwise or Great Lakes service must be fitted with a magnetic compass. (b) All mechanically propelled vessels 1,600 gross tons and over in ocean or coastwise service must be fitted with a gyrocompass in addition to the magnetic compass. (c) Each vessel must have an illuminated repeater for the gyrocompass required under paragraph (b) of this section, that is at the main steering stand unless the gyrocompass is illuminated and is at the main steering stand." 46:46:3.0.1.1.5.8.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.27,Subpart 77.27—Sounding Equipment,,§ 77.27-1 When required.,USCG,,,"[CGD 95-027, 61 FR 26004, May 23, 1996]","All mechanically propelled vessels of 500 gross tons and over to ocean or coastwise service, and all mechanically propelled vessels of 500 gross tons and over in Great Lakes service and certificated for service on the River St. Lawrence eastward of the lower exit of the St. Lambert Lock at Montreal, Canada, must be fitted with an efficient electronic deep-sea sounding apparatus." 46:46:3.0.1.1.5.9.1.1,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.30,Subpart 77.30—Emergency Equipment,,§ 77.30-1 Application.,USCG,,,"[CGD 86-036, 57 FR 48324, Oct. 23, 1992]","This subpart, except § 77.30-90, applies to each vessel that is not on an international voyage and is contracted for on or after November 23, 1992. Each vessel that is not on an international voyage and is contracted for before November 23, 1992, must satisfy § 77.30-90." 46:46:3.0.1.1.5.9.1.2,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.30,Subpart 77.30—Emergency Equipment,,§ 77.30-5 General.,USCG,,,"[CGFR 65-50, 30 FR 16953, Dec. 30, 1965, as amended by CGD 86-036, 57 FR 48324, Oct. 23, 1992]","(a) Each self-contained breathing apparatus must be of the pressure-demand, open-circuit type, approved by the Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH), and have at a minimum a 30-minute air supply and a full facepiece. (b) The self-contained breathing apparatus required as part of the emergency outfit may be used as protection against gas leaking from a refrigeration unit. (c) All flame safety lamps shall be of an approved type, constructed in accordance with subpart 160.016 of subchapter Q (Specifications) of this chapter. (d) All emergency equipment shall be maintained in an operative condition, and it shall be the responsibility of the master and chief engineer to ascertain that a sufficient number of the crew are familiar with the operation of the equipment." 46:46:3.0.1.1.5.9.1.3,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.30,Subpart 77.30—Emergency Equipment,,§ 77.30-10 Stowage.,USCG,,,"[CGFR 65-50, 30 FR 16953, Dec. 30, 1965, as amended by CGD 86-036, 57 FR 48324, Oct. 23, 1992]","(a) The equipment set forth in table 77.30-10(a), together with such other items as the master may deem necessary, shall be stowed in convenient, accessible locations for use in case of emergency. Table 77.30-10( a ) 1 Required only on vessels equipped with any refrigeration unit using ammonia to refrigerate any space with a volume of more than 20 cubic feet or with any refrigeration unit using fluorocarbons to refrigerate any space with a volume of more than 1000 cubic feet. (b) If a separate self-contained breathing apparatus is maintained for protection against gas leaking from a refrigeration unit, it must be stowed convenient to, but outside of, the spaces containing the refrigeration equipment. (c) Half of the remaining equipment set forth in table 77.30-10(a) shall be stowed in or near the pilothouse together with a fire axe and the hand portable fire extinguishers required by table 76.50-10(a) for that location. The other half of the equipment shall be stowed in a convenient accessible location, remote from the pilothouse, and preferably adjacent to the main entrance to the machinery space. Where only one of an item is required, it shall be stowed in the pilothouse." 46:46:3.0.1.1.5.9.1.4,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.30,Subpart 77.30—Emergency Equipment,,§ 77.30-15 Spare charges.,USCG,,,,"(a) A complete recharge shall be carried for each gas mask and self-contained breathing apparatus. The spare charge shall be stowed in the same location as the equipment it is to reactivate. (b) [Reserved]" 46:46:3.0.1.1.5.9.1.5,46,Shipping,I,H,77,PART 77—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT,77.30,Subpart 77.30—Emergency Equipment,,"§ 77.30-90 Vessels contracted for before November 23, 1992.",USCG,,,"[CGD 86-036, 57 FR 48324, Oct. 23, 1992]","Vessels contracted for before November 23, 1992, must meet the following requirements: (a) Each vessel must satisfy §§ 77.30-5 through 77.30-15 concerning the number of items and the method of stowage of equipment. (b) Items of equipment previously approved, but not meeting the applicable specifications set forth in § 77.30-5, may continue in service as long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection; but each item in an installation or a replacement must meet all applicable specifications. (c) After November 23, 1994, each respirator must either satisfy § 77.30-5(a) or be a self-contained compressed-air breathing apparatus previously approved by MSHA and NIOSH under part 160, subpart 160.011, of this chapter." 9:9:1.0.1.3.22.1.46.1,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,A,Subpart A—General Provisions,,§ 77.1 Material incorporated by reference.,APHIS,,,"[65 FR 63517, Oct. 23, 2000, as amended at 69 FR 18803, Apr. 9, 2004]","Uniform Methods and Rules—Bovine Tuberculosis Eradication. The Uniform Methods and Rules—Bovine Tuberculosis Eradication (January 22, 1999, edition) has been approved for incorporation by reference into the Code of Federal Regulations by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (a) The procedures specified in the Uniform Methods and Rules—Bovine Tuberculosis Eradication (January 22, 1999, edition) must be followed for the interstate movement of certain animals regulated under this part. (b) Availability. Copies of the Uniform Methods and Rules—Bovine Tuberculosis Eradication: (1) Are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ; (2) Are available for inspection at the APHIS reading room, room 1141, USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC; or (3) May be obtained from the National Animal Health Programs, Veterinary Services, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231." 9:9:1.0.1.3.22.1.46.2,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,A,Subpart A—General Provisions,,§ 77.2 Definitions.,APHIS,,,"[65 FR 63517, Oct. 23, 2000, as amended at 66 FR 7592, Feb. 20, 2002; 69 FR 64649, Nov. 8, 2004; 70 FR 61026, Oct. 20, 2005; 72 FR 39305, July 18, 2007; 73 FR 54062, Sept. 18, 2008; 78 FR 2064, Jan. 9, 2013; 79 FR 43926, July 29, 2014; 89 FR 39563, May 9, 2024]","As used in this part, the following terms shall have the meanings set forth in this section except as otherwise specified. Accredited veterinarian. A veterinarian approved by the Administrator in accordance with the provisions of part 161 of subchapter J to perform functions specified in subchapters B, C, and D of this chapter. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Affected herd. A herd of livestock in which there is strong and substantial evidence that Mycobacterium bovis exists. This evidence should include, but is not limited to, any of the following: Histopathology, polymerase chain reaction (PCR) assay, bacterial isolation or detection, testing data, or epidemiologic evidence such as contact with known sources of infection. Animal. All species of animals except man, birds, or reptiles. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animal identification number (AIN). A numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal. The AIN consists of 15 digits, with the first 3 being the country code (840 for the United States or a unique country code for any U.S. territory that has such a code and elects to use it in place of the 840 code). The alpha characters USA or the numeric code assigned to the manufacturer of the identification device by the International Committee on Animal Recording may be used as an alternative to the 840 or other prefix representing a U.S territory; however, only the AIN beginning with the 840 or other prefix representing a U.S. territory will be recognized as official for use on AIN tags applied to animals on or after March 11, 2015. The AIN beginning with the 840 prefix may not be applied to animals known to have been born outside the United States. APHIS representative. An individual employed by APHIS who is authorized to perform the function involved. Area veterinarian in charge. The veterinary official of APHIS who is assigned by the Administrator to supervise and perform the official animal health work of APHIS in the State concerned. Cooperating State and Federal animal health officials. The State and Federal animal health officials responsible for overseeing and implementing the National Cooperative State/Federal Bovine Tuberculosis Eradication Program. Depopulate. To destroy all livestock in a herd by slaughter or by death otherwise. Directly. Moved in a means of conveyance, without stopping to unload while en route, except for stops of less than 24 hours to feed, water, or rest the animals being moved, and with no commingling of animals at such stops. Epidemiologic investigation. An investigation that is conducted by a State in conjunction with APHIS representatives, in which an official test for tuberculosis is conducted on all livestock in any tuberculosis-affected herd in a State or zone, all livestock in any herd into which livestock from the affected herd have been moved, all potential tuberculosis source herds, and all livestock herds and animals that are likely to have been exposed to the affected herd. Herd. Except for livestock assembled at feedlots, any group of livestock maintained for at least 4 months on common ground for any purpose, or two or more groups of livestock under common ownership or supervision, geographically separated but that have an interchange or movement of livestock without regard to health status, as determined by the Administrator. Interstate. From one State into or through any other State. Interstate certificate of veterinary inspection (ICVI). An official document issued by a Federal, State, Tribal, or accredited veterinarian certifying the inspection of animals in preparation for interstate movement. (1) The ICVI must show: (i) The species of animals covered by the ICVI; (ii) The number of animals covered by the ICVI; (iii) The purpose for which the animals are to be moved; (iv) The address at which the animals were loaded for interstate movement; (v) The address to which the animals are destined; and (vi) The names of the consignor and the consignee, and their addresses if different from the address at which the animals were loaded or the address to which the animals are destined. (vii) Additionally, unless the species-specific requirements for ICVIs provide an exception, the ICVI must list the official identification number of each animal, except as provided in paragraph (2) of this definition, or group of animals moved that is required to be officially identified, or, if an alternative form of identification has been agreed upon by the sending and receiving States, the ICVI must include a record of that identification. If animals moving under a GIN also have individual official identification, only the GIN must be listed on the ICVI. An ICVI may not be issued for any animal that is not officially identified, if official identification is required. If the animals are not required by the regulations to be officially identified, the ICVI must state the exemption that applies ( e.g., the cattle and bison do not belong to one of the classes of cattle and bison to which the official identification requirements of this part apply). If the animals are required to be officially identified but the identification number does not have to be recorded on the ICVI, the ICVI must state that all animals to be moved under the ICVI are officially identified. (2) As an alternative to recording individual animal identification on an ICVI, if agreed to by the receiving State or Tribe, another document may be attached to provide this information, but only under the following conditions: (i) The document must be a State form or APHIS form that requires individual identification of animals, or a printout of official identification numbers generated by computer or other means; (ii) A legible copy of the document must be attached to the original and each copy of the ICVI; (iii) Each copy of the document must identify each animal to be moved with the ICVI. The document must not contain any information pertaining to other animals; and (iv) The following information must be included in the identification column on the original and each copy of the ICVI: (A) The name of the document; and (B) Either the unique serial number on the document or both the name of the person who prepared the document and the date the document was signed. Livestock. All farm-raised animals. Location-based numbering system. The location-based number system combines a State or Tribal issued location identification (LID) number or a premises identification number (PIN) with a producer's unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. Location identification (LID) number. A nationally unique number issued by a State, Tribal, and/or Federal animal health authority to a location as determined by the State or Tribe in which it is issued. The LID number may be used in conjunction with a producer's own unique livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may also be used as a component of a group/lot identification number (GIN). Move. To carry, enter, import, mail, ship, or transport; to aid, abet, cause, or induce carrying, entering, importing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive in order to carry, enter, import, mail, ship, or transport; or to allow any of these activities. National Uniform Eartagging System (NUES). A numbering system for the official identification of individual animals in the United States that provides a nationally unique identification number for each animal. Official eartag. An identification tag approved by APHIS that bears an official identification number for individual animals. The design, size, shape, color, and other characteristics of the official eartag will depend on the needs of the users, subject to the approval of the Administrator. The official eartag must be tamper-resistant and have a high retention rate in the animal. Official eartag shield. The shield-shaped graphic of the U.S. Route Shield with “U.S.” or the State postal abbreviation or Tribal alpha code imprinted within the shield. Official identification number. A nationally unique number that is permanently associated with an animal or group of animals and that adheres to one of the following systems: (1) National Uniform Eartagging System (NUES). (2) Animal identification number (AIN). (3) Flock-based number system. (4) Location-based number system. (5) Any other numbering system approved by the Administrator for the official identification of animals. Official seal. A seal issued by a State or APHIS representative, consisting of a serially numbered, metal or plastic strip, with a self-locking device on one end and a slot on the other end, which forms a loop when the ends are engaged and that cannot be reused if opened, or a serially numbered, self-locking button that can be used for this purpose. Officially identified. Identified by means of an official eartag or by means of an individual tattoo or hot brand that provides unique identification for each animal. Person. Any individual, corporation, company, association, firm, partnership, society, joint stock company, or other legal entity. Premises identification number (PIN). A nationally unique number assigned by a State, Tribal, and/or Federal animal health authority to a premises that is, in the judgment of the State, Tribal, and/or Federal animal health authority a geographically distinct location from other premises. The PIN may be used in conjunction with a producer's own livestock production numbering system to provide a nationally unique and herd-unique identification number for an animal. It may be used as a component of a group/lot identification number (GIN). Recognized slaughtering establishment. Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq. ), the Poultry Products Inspection Act (21 U.S.C. 451 et seq. ), or State meat or poultry inspection acts that is approved in accordance with 9 CFR 71.21. State. Any State, the District of Columbia, Puerto Rico, or any territory of the United States. State animal health official. The State official responsible for livestock and poultry disease control and eradication programs. State representative. A veterinarian or other person employed in livestock sanitary work of a State or a political subdivision of a State and who is authorized by such State or political subdivision of a State to perform the function involved under a memorandum of understanding with APHIS. Transportation document. Any document accompanying the interstate movement of livestock, such as an owner's statement, manifest, switch order, or vehicle record, on which is stated the point from which the animals are moved interstate, the destination of the animals, the number of animals covered by the document, and the name and address of the owner or shipper. Tuberculosis. The contagious, infectious, and communicable disease caused by Mycobacterium bovis. (Also referred to as bovine tuberculosis.) United States. All of the States. United States Department of Agriculture (USDA) approved backtag. A backtag issued by APHIS that provides a temporary unique identification for each animal. Zone. A defined geographic land area identifiable by geological, political, manmade, or surveyed boundaries, with mechanisms of disease spread, epidemiological characteristics, and the ability to control the movement of animals across the boundaries of the zone taken into account." 9:9:1.0.1.3.22.1.46.3,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,A,Subpart A—General Provisions,,§ 77.3 Tuberculosis classifications of States and zones.,APHIS,,,,"The Administrator shall classify each State for tuberculosis in accordance with this part. A zone comprising less than an entire State will be given a particular classification upon request of the State only if the Administrator determines that: (a) The State meets the requirements of this part for establishment of zones; (b) The State has adopted and is enforcing regulations that impose restrictions on the intrastate movement of cattle, bison, and captive cervids that are substantially the same as those in place under this part for the interstate movement of cattle, bison, and captive cervids; and (c) The designation of part of a State as a zone will otherwise be adequate to prevent the interstate spread of tuberculosis." 9:9:1.0.1.3.22.1.46.4,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,A,Subpart A—General Provisions,,§ 77.4 Application for and retention of zones.,APHIS,,,,"(a) A State animal health official may request at any time that the Administrator designate part of a State as having a different tuberculosis classification under this part than the rest of the State. The requested zones must be delineated by the State animal health authorities, subject to approval by the Administrator. The request from the State must demonstrate that the State complies with the following requirements: (1) The State must have the legal and financial resources to implement and enforce a tuberculosis eradication program and must have in place an infrastructure, laws, and regulations that require and ensure that State and Federal animal health authorities are notified of tuberculosis cases in domestic livestock or outbreaks in wildlife; (2) The State in which the intended zones are located must maintain, in each intended zone, clinical and epidemiologic surveillance of animal species at risk of tuberculosis at a rate that allows detection of tuberculosis in the overall population of livestock at a 2 percent prevalence rate with 95 percent confidence. The designated tuberculosis epidemiologist must review reports of all testing for each zone within the State within 30 days of the testing; and (3) The State must enter into a memorandum of understanding with APHIS in which the State agrees to adhere to any conditions for zone recognition particular to that request. (b) Retention of APHIS recognition of a zone is subject to annual review by the Administrator. To retain recognition of a zone, a State must continue to comply with the requirements of paragraphs (a)(1), (a)(2), and (a)(3) of this section, as well as the requirements for maintaining or improving the tuberculosis risk classification of each zone in the State, and must retain for at least 2 years all certificates required under this part for the movement of cattle, bison, and captive cervids." 9:9:1.0.1.3.22.2.46.1,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,§ 77.5 Definitions.,APHIS,,,"[65 FR 63517, Oct. 23, 2000, as amended at 70 FR 61026, Oct. 20, 2005; 78 FR 2065, Jan. 9, 2013]","As used in subpart B, the following terms shall have the meanings set forth in this section except as otherwise specified. Accreditation preparatory State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” and in which tuberculosis is prevalent in less than 0.5 percent of the total number of herds of cattle and bison in the State or zone. Accredited-free State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication,” has zero percent prevalence of affected cattle and bison herds, and has had no findings of tuberculosis in any cattle or bison herds in the State or zone for the previous 5 years. Except that: The requirement of freedom from tuberculosis in herds is 2 years from the depopulation of the last affected herd in States or zones that were previously accredited free and in which all herds affected with tuberculosis were depopulated, 3 years in all other States or zones that have depopulated all affected herds, and 3 years in States or zones that have conducted surveillance that demonstrates that other livestock herds and wildlife are not at risk of being infected with tuberculosis, as determined by the Administrator based on a risk assessment conducted by APHIS. Accredited herd. To establish or maintain accredited herd status, the herd owner must comply with all of the provisions of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” regarding accredited herds. All cattle and bison in a herd must be free from tuberculosis. Approved feedlot. A confined area approved jointly by the State animal health official and the Administrator for feeding cattle and bison for slaughter, with no provisions for pasturing or grazing. Cattle and bison not known to be affected. All cattle and bison except those originating from tuberculosis affected herds or from herds containing tuberculosis suspect cattle or bison. Department. The U.S. Department of Agriculture (USDA). Exposed cattle and bison. Cattle and bison, except reactor cattle and bison, that are part of an affected herd. Feedlot. A facility for congregating finished fed cattle prior to their being shipped to slaughter. Finished fed cattle. Cattle fattened on a ration of feed concentrates to reach a slaughter condition equivalent to that which would be attained on full feed with a high concentrate grain ration for 90 days. Modified accredited advanced State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” and in which tuberculosis has been prevalent in less than 0.01 percent of the total number of herds of cattle and bison in the State or zone for each of the most recent 2 years. Except that: The Administrator, upon his or her review, may allow a State or zone with fewer than 30,000 herds to have up to 3 affected herds for each of the most recent 2 years, depending on the veterinary infrastructure, livestock demographics, and tuberculosis control and eradication measures in the State or zone. Modified accredited State or zone. A State or zone that is or is part of a State that has the authority to enforce and complies with the provisions of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” and in which tuberculosis has been prevalent in less than 0.1 percent of the total number of herds of cattle and bison in the State or zone for the most recent year. Except that: The Administrator, upon his or her review, may allow a State or zone with fewer than 10,000 herds to have up to 10 affected herds for the most recent year, depending on the veterinary infrastructure, livestock demographics, and tuberculosis control and eradication measures in the State or zone. Negative cattle and bison. Cattle and bison that are classified negative for tuberculosis in accordance with the “Uniform Methods and Rules—Bovine Tuberculosis Eradication,” based on the results of an official tuberculin test. Nonaccredited State or zone. A State or zone that is or is part of a State that does not meet the standards of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” or in which tuberculosis is prevalent in 0.5 percent or more of the total number of herds of cattle and bison in the State or zone. Official tuberculin test. Any test for tuberculosis conducted on cattle or bison in accordance with the “Uniform Methods and Rules—Bovine Tuberculosis Eradication.” Permit. An official document issued for movement of cattle or bison under this part by an APHIS representative, State representative, or an accredited veterinarian at the point of origin of a shipment of cattle or bison to be moved directly to slaughter, that shows the tuberculosis status of each animal (reactor, suspect, or exposed), the eartag number of each animal and the name of the owner of such animal, the establishment to which the animals are to be moved, the purpose for which the animals are to be moved, and that they are eligible for such movement under the applicable provisions of §§ 77.17 and 77.18. Quarantined feedlot. A confined area under the direct supervision and control of a State livestock official who shall establish procedures for the accounting of all livestock entering or leaving the area. The quarantined feedlot shall be maintained for finish feeding of livestock in drylot with no provision for pasturing and grazing. All livestock leaving such feedlot must only move directly to slaughter in accordance with established procedures for handling quarantined livestock. Reactor cattle and bison. Cattle and bison that are classified as reactors for tuberculosis in accordance with the “Uniform Methods and Rules—Bovine Tuberculosis Eradication.” Recognized slaughtering establishment. Any slaughtering facility operating under the Federal Meat Inspection Act (21 U.S.C. 601 et seq. ), the Poultry Products Inspection Act (21 U.S.C. 451 et seq. ), or State meat or poultry inspection acts that is approved in accordance with 9 CFR 71.21. Suspect cattle and bison. Cattle and bison that are classified as suspects for tuberculosis in accordance with the “Uniform Methods and Rules—Bovine Tuberculosis Eradication.” Uniform Methods and Rules—Bovine Tuberculosis Eradication. Uniform methods and rules for eradicating bovine tuberculosis in the United States, approved by APHIS on January 22, 1999, which is incorporated by reference at § 77.1. Whole herd test. An official tuberculin test of all cattle and bison in a herd that are 12 months of age or older, and of all cattle and bison in the herd that are less than 12 months of age and were not born into the herd, except those cattle and bison that are less than 12 months of age and were born in and originated from an accredited herd. Zero percent prevalence. No finding of tuberculosis in any cattle, bison, or goat herd in a State or zone." 9:9:1.0.1.3.22.2.46.10,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,§ 77.14 Interstate movement from accreditation preparatory States and zones.,APHIS,,,"[78 FR 2066, Jan. 9, 2013]","Cattle or bison that originate in an accreditation preparatory State or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only in accordance with 9 CFR part 86 and, if moved anywhere other than directly to slaughter at a recognized slaughtering establishment, under one of the following additional conditions: (a) The cattle or bison are sexually intact heifers moved to an approved feedlot, or are steers or spayed heifers; are officially identified; and are accompanied by an ICVI stating that the herd from which they originated was negative to a whole herd test conducted within 1 year prior to the date of movement and that the individual animals to be moved were negative to an additional official tuberculin test conducted within 60 days prior to the date of movement; Except that: The additional test is not required if the animals are moved interstate within 6 months following the whole herd test. (b) The cattle or bison are from an accredited herd; are officially identified; and are accompanied by an ICVI stating that the accredited herd completed the testing necessary for accredited status with negative results within 1 year prior to the date of movement and that the animals to be moved were negative to an official tuberculin test conducted within 60 days prior to the date of movement. (c) The cattle or bison are sexually intact animals; are not from an accredited herd; are officially identified; and are accompanied by an ICVI stating that the herd from which they originated was negative to a whole herd test conducted within 1 year prior to the date of movement and that the individual animals to be moved were negative to two additional official tuberculin tests conducted at least 60 days apart and no more than 6 months apart, with the second test conducted within 60 days prior to the date of movement; Except that: The second additional test is not required if the animals are moved interstate within 60 days following the whole herd test." 9:9:1.0.1.3.22.2.46.11,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,§ 77.15 Nonaccredited States or zones.,APHIS,,,,"(a) The following are nonaccredited States: None. (b) The following are nonaccredited zones: None. (c) To qualify for accreditation preparatory status, a nonaccredited State or zone must demonstrate to the Administrator that it complies with the provisions of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” and that tuberculosis is prevalent in less than 0.5 percent of the total number of herds of cattle and bison in the State or zone." 9:9:1.0.1.3.22.2.46.12,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,§ 77.16 Interstate movement from nonaccredited States and zones.,APHIS,,,"[65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2066, Jan. 9, 2013]","Cattle or bison that originate in a nonaccredited State or zone, and that are not known to be infected with or exposed to tuberculosis, may be moved interstate only if the cattle or bison are accompanied by VS Form 1-27 and are moved interstate for slaughter in an officially sealed means of conveyance directly to a recognized slaughtering establishment." 9:9:1.0.1.3.22.2.46.13,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,"§ 77.17 Interstate movement of cattle and bison that are exposed, reactors, or suspects, or from herds containing suspects.",APHIS,,,"[65 FR 63517, Oct. 23, 2000, as amended at 78 FR 2066, Jan. 9, 2013]","(a) Reactor cattle and bison. Cattle or bison that have been classified as reactor cattle or bison may be moved interstate only if they are moved directly to slaughter at a recognized slaughtering establishment and only in accordance with the following conditions: (1) Reactor cattle and bison must be individually identified by attaching to the left ear an approved metal eartag bearing a serial number and the inscription “U.S. Reactor,” or a similar State reactor tag, and must be: (i) Branded with the letter “T,” at least 5 by 5 centimeters (2 by 2 inches) in size, high on the left hip near the tailhead; or (ii) Permanently identified with the letters “TB” tattooed legibly in the left ear and sprayed with yellow paint on the left ear and either accompanied directly to slaughter by an APHIS or State representative or moved directly to slaughter in vehicles closed with official seals. Such official seals must be applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. (2) The reactor cattle or bison must be accompanied by a permit; and (3) The reactor cattle or bison may not be moved interstate in a means of conveyance containing any animals susceptible to tuberculosis unless all of the animals are being moved directly to slaughter; and (4) Any person who moves reactor cattle or bison interstate under this paragraph must plainly write or stamp upon the face of the VS Form 1-27 the words “Tuberculin Reactor” and the following statement: “This conveyance must be cleaned and disinfected in accordance with 9 CFR 77.17(a)(5).”; and (5) Each means of conveyance in which reactor cattle or bison have been transported interstate under this paragraph must be cleaned and disinfected by the carrier, in accordance with the provisions of §§ 71.6, 71.7, and 71.10 of this subchapter, under the supervision of an APHIS representative or State representative or an accredited veterinarian or other person designated by the Administrator. If, at the point where the cattle or bison are unloaded, such supervision or proper cleaning and disinfecting facilities are not available, and permission is obtained from an APHIS representative or State representative, the empty means of conveyance may be moved to a location where such supervision and facilities are available for cleaning and disinfecting. Permission will be granted if such movement does not present a risk of disseminating tuberculosis. (b) Exposed cattle and bison. Except for the movement of exposed cattle to a quarantined feedlot in accordance with § 50.16 of this chapter, exposed cattle or bison may be moved interstate only if they are moved directly to slaughter to a recognized slaughtering establishment and only in accordance with the following conditions: (1) Exposed cattle and bison must be individually identified by attaching to either ear an approved metal eartag bearing a serial number and must be: (i) Branded with the letter “S,” at least 5 by 5 centimeters (2 by 2 inches) in size, high on the left hip near the tailhead; or (ii) Accompanied directly to slaughter by an APHIS or State representative; or (iii) Moved directly to slaughter in vehicles closed with official seals. Such official seals must be applied and removed by an APHIS representative, State representative, accredited veterinarian, or an individual authorized for this purpose by an APHIS representative. (2) The exposed cattle and bison must be moved in accordance with paragraphs (a)(2), (a)(3), and (a)(5) of this section. (c) Suspect cattle and bison. Suspect cattle or bison from herds in which no reactor cattle or bison have been disclosed on an official tuberculin test, as well as negative cattle or bison from such herds, may be moved interstate only if they are moved directly to slaughter to a recognized slaughtering establishment in accordance with 9 CFR part 86." 9:9:1.0.1.3.22.2.46.14,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,§ 77.18 Other movements.,APHIS,,,,"The Administrator may, with the concurrence of the State animal health official of the State of destination, upon request in specific cases, allow the interstate movement of cattle or bison not otherwise provided for in this part that have not been classified as reactor cattle or bison and are not otherwise known to be affected with tuberculosis, under such conditions as the Administrator may prescribe in each specific case to prevent the spread of tuberculosis. The Administrator shall promptly notify the appropriate State animal health official of the State of destination of any such action." 9:9:1.0.1.3.22.2.46.15,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,"§ 77.19 Cleaning and disinfection of premises, conveyances, and materials.",APHIS,,,,"All conveyances and associated equipment, premises, and structures that are used for receiving, holding, shipping, loading, unloading, and delivering cattle or bison in connection with their interstate movement and that are determined by cooperating State and Federal animal health officials to be contaminated because of occupation or use by tuberculous or reactor livestock must be cleaned and disinfected under the supervision of the cooperating State or Federal animal health officials. Such cleaning and disinfecting must be done in accordance with procedures approved by the cooperating State or Federal animal health officials. Cleaning and disinfection must be completed before the premises, conveyances, or materials may again be used to convey, hold, or in any way come in contact with any livestock." 9:9:1.0.1.3.22.2.46.2,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,§ 77.6 Applicability of this subpart.,APHIS,,,,All references in this subpart to the tuberculosis status of States and zones pertain to such status for cattle and bison only. 9:9:1.0.1.3.22.2.46.3,9,Animals and Animal Products,I,C,77,PART 77—TUBERCULOSIS,B,Subpart B—Cattle and Bison,,§ 77.7 Accredited-free States or zones.,APHIS,,,"[65 FR 63517, Oct. 23, 2000]","(a) The following are accredited-free States: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, the Virgin Islands of the United States, Washington, West Virginia, Wisconsin, and Wyoming. (b) The following are accredited-free zones: (1) All of the State of Michigan except for the zone that comprises those counties in Michigan described in § 77.11(b)(1). (2) [Reserved] (c) If an affected herd is detected in a State or zone classified as accredited-free, and the herd is depopulated and an epidemiologic investigation is completed within 90 days of the detection of the affected herd with no evidence of the spread of tuberculosis, the State or zone may retain its accredited-free status. If two or more affected herds are detected in an accredited-free State or zone within a 48-month period, the State or zone will be removed from the list of accredited-free States or zones and will be reclassified as modified accredited advanced. (d) If any livestock other than cattle or bison are included in a newly assembled herd on a premises where a tuberculous herd has been depopulated, the State or zone must apply the herd test requirements contained in the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” (January 22, 1999, edition), which is incorporated by reference at § 77.1, to those other livestock in the same manner as to cattle and bison. Failure to do so will result in reclassification of the State or zone as modified accredited advanced. (e) If tuberculosis is diagnosed within an accredited-free State or zone in an animal not specifically regulated by this part and a risk assessment conducted by APHIS determines that the outbreak poses a tuberculosis risk to livestock within the State or zone, the State or zone must implement a tuberculosis management plan, approved jointly by the State animal health official and the Administrator, within 6 months of the diagnosis. The management plan must include provisions for immediate investigation of tuberculosis in animals held for exhibition and in livestock and wildlife; the prevention of the spread of the disease to other animals held for exhibition and to livestock and wildlife; increased surveillance for tuberculosis in animals held for exhibition and wildlife; eradication of tuberculosis from individual herds; a timeline for tuberculosis eradication; and performance standards by which to measure yearly progress toward eradication. If a State or zone does not implement such a plan within the required 6 months, the State or zone will lose its accredited-free status and will be reclassified as modified accredited advanced. (f) Accredited-free State or zone status must be renewed annually. To qualify for renewal of accredited-free State or zone status, a State must submit an annual report to APHIS certifying that the State or zone within the State complies with the provisions of the “Uniform Methods and Rules—Bovine Tuberculosis Eradication.” The report must be submitted to APHIS each year between October 1 and November 30."