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 14:14:2.0.1.3.11.1.1.1,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,A,Subpart A—General,,§ 89.1 Definitions.,FAA,,,,"The following definitions apply to this part. Declaration of compliance means a record submitted to the FAA by the producer of a standard remote identification unmanned aircraft or remote identification broadcast module to attest that all the requirements of subpart F of this part have been met. Home-built unmanned aircraft means an unmanned aircraft that an individual built solely for education or recreation." 14:14:2.0.1.3.11.1.1.2,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,A,Subpart A—General,,§ 89.5 [Reserved],FAA,,,, 14:14:2.0.1.3.11.2.1.1,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,B,Subpart B—Operating Requirement,,§ 89.101 Applicability.,FAA,,,,"(a) Except as provided in paragraph (b) of this section, this subpart applies to the following: (1) Persons operating unmanned aircraft registered or required to be registered under part 47 or 48 of this chapter. (2) Persons operating foreign civil unmanned aircraft in the United States. (b) This subpart does not apply to unmanned aircraft operations under part 91 of this chapter that are transmitting ADS-B Out pursuant to § 91.225." 14:14:2.0.1.3.11.2.1.2,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,B,Subpart B—Operating Requirement,,§ 89.105 Remote identification requirement.,FAA,,,,"Except as otherwise authorized by the Administrator or as provided in § 89.120, after September 16, 2023, no person may operate an unmanned aircraft within the airspace of the United States unless the operation meets the requirements of § 89.110 or § 89.115." 14:14:2.0.1.3.11.2.1.3,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,B,Subpart B—Operating Requirement,,§ 89.110 Operation of standard remote identification unmanned aircraft.,FAA,,,,"Unless otherwise authorized by the Administrator, a person may comply with the remote identification requirement of § 89.105 by operating a standard remote identification unmanned aircraft under the following conditions: (a) Operational requirements. A person may operate a standard remote identification unmanned aircraft only if the person operating the standard remote identification unmanned aircraft ensures that all of the following conditions are met: (1) From takeoff to shutdown, the standard remote identification unmanned aircraft must broadcast the message elements of § 89.305. (2) The person manipulating the flight controls of the unmanned aircraft system must land the unmanned aircraft as soon as practicable if the standard remote identification unmanned aircraft is no longer broadcasting the message elements of § 89.305. (b) Standard remote identification unmanned aircraft requirements. A person may operate a standard remote identification unmanned aircraft only if the unmanned aircraft meets all of the following requirements: (1) Its serial number is listed on an FAA-accepted declaration of compliance, or the standard remote identification unmanned aircraft is covered by a design approval or production approval issued under part 21 of this chapter and meets the requirements of subpart F of this part. (2) Its remote identification equipment is functional and complies with the requirements of this part from takeoff to shutdown. (3) Its remote identification equipment and functionality have not been disabled. (4) The Certificate of Aircraft Registration of the unmanned aircraft used in the operation must include the serial number of the unmanned aircraft, as per applicable requirements of parts 47 and 48 of this chapter, or the serial number of the unmanned aircraft must be provided to the FAA in a notice of identification pursuant to § 89.130 prior to the operation." 14:14:2.0.1.3.11.2.1.4,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,B,Subpart B—Operating Requirement,,§ 89.115 Alternative remote identification.,FAA,,,,"A person operating an unmanned aircraft that is not a standard remote identification unmanned aircraft may comply with the remote identification requirement of § 89.105 by meeting all of the requirements of either paragraph (a) or (b) of this section. (a) Remote identification broadcast modules. Unless otherwise authorized by the Administrator, a person may operate an unmanned aircraft that is not a standard remote identification unmanned aircraft if all of the following conditions are met: (1) Equipage. (i) The unmanned aircraft used in the operation must be equipped with a remote identification broadcast module that meets the requirements of § 89.320 and the serial number of the remote identification broadcast module must be listed on an FAA-accepted declaration of compliance. (ii) The Certificate of Aircraft Registration of the unmanned aircraft used in the operation must include the serial number of the remote identification broadcast module, as per applicable requirements of parts 47 and 48 of this chapter, or the serial number of the unmanned aircraft must be provided to the FAA in a notice of identification pursuant to § 89.130 prior to the operation. (2) Remote identification operating requirements. Unless otherwise authorized by the Administrator, a person may operate an unmanned aircraft under this paragraph (a) only if all of the following conditions are met: (i) From takeoff to shutdown, the person operating the unmanned aircraft must ensure that the remote identification broadcast module broadcasts the remote identification message elements of § 89.315 directly from the unmanned aircraft. (ii) The person manipulating the flight controls of the unmanned aircraft system must be able to see the unmanned aircraft at all times throughout the operation. (3) Pre-flight requirement. Prior to takeoff, the person manipulating the flight controls of the unmanned aircraft system must ensure the remote identification broadcast module is functioning in accordance with this subpart. (4) In-flight loss of remote identification broadcast. The person manipulating the flight controls of the unmanned aircraft system must land the unmanned aircraft as soon as practicable if the unmanned aircraft is no longer broadcasting the message elements of § 89.315. (b) Operations at FAA-recognized identification areas. Unless otherwise authorized by the Administrator, a person may operate an unmanned aircraft without remote identification equipment only if all of the following conditions are met: (1) The unmanned aircraft and the person manipulating the flight controls of the unmanned aircraft system remain within the boundaries of an FAA-recognized identification area throughout the operation; and (2) The person manipulating the flight controls of the unmanned aircraft system must be able to see the unmanned aircraft at all times throughout the operation." 14:14:2.0.1.3.11.2.1.5,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,B,Subpart B—Operating Requirement,,§ 89.120 Operations for aeronautical research or to show compliance with regulations.,FAA,,,,The Administrator may authorize operations without remote identification where the operation is solely for the purpose of aeronautical research or to show compliance with regulations. 14:14:2.0.1.3.11.2.1.6,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,B,Subpart B—Operating Requirement,,§ 89.125 Automatic Dependent Surveillance-Broadcast (ADS-B) Out prohibition.,FAA,,,,Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment cannot be used to comply with the remote identification requirements of this part. 14:14:2.0.1.3.11.2.1.7,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,B,Subpart B—Operating Requirement,,§ 89.130 Confirmation of identification.,FAA,,,,"(a) Notification requirement. No person may operate a foreign registered civil unmanned aircraft with remote identification in the airspace of the United States unless, prior to the operation, the person submits a notice of identification in a form and manner acceptable to the Administrator. The notice of identification must include all of the following: (1) The name of the person operating the foreign registered civil unmanned aircraft in the United States, and, if applicable, the person's authorized representative. (2) The physical address of the person operating the foreign registered civil unmanned aircraft in the United States, and, if applicable, the physical address for the person's authorized representative. If the operator or authorized representative does not receive mail at the physical address, a mailing address must also be provided. (3) The telephone number(s) where the person operating the foreign registered civil unmanned aircraft in the United States, and, if applicable, the person's authorized representative can be reached while in the United States. (4) The email address of the person operating the foreign registered civil unmanned aircraft in the United States, and, if applicable, the email address of the person's authorized representative. (5) The unmanned aircraft manufacturer and model name. (6) The serial number of the unmanned aircraft or remote identification broadcast module. (7) The country of registration of the unmanned aircraft. (8) The registration number. (b) Issuance of a Confirmation of Identification. (1) The FAA will issue a Confirmation of Identification upon completion of the notification requirements provided in paragraph (a) of this section. (2) The filing of a notification under paragraph (a) of this section and the Confirmation of Identification issued under paragraph (b)(1) of this section do not have the effect of United States aircraft registration. (c) Proof of notification. No person may operate a foreign registered civil unmanned aircraft with remote identification in the United States unless the person obtains a Confirmation of Identification under paragraph (b)(1) of this section, maintains such Confirmation of Identification at the unmanned aircraft's control station, and produces the Confirmation of Identification when requested by the FAA or a law enforcement officer. (d) Requirement to maintain current information. The holder of a Confirmation of Identification must ensure that the information provided under paragraph (a) of this section remains accurate and must update the information prior to operating a foreign registered civil unmanned aircraft in the United States." 14:14:2.0.1.3.11.3.1.1,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,C,Subpart C—FAA-Recognized Identification Areas,,§ 89.201 Applicability.,FAA,,,,This subpart prescribes procedural requirements to establish an FAA-recognized identification area. 14:14:2.0.1.3.11.3.1.2,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,C,Subpart C—FAA-Recognized Identification Areas,,§ 89.205 Eligibility.,FAA,,,,"Only the following persons are eligible to apply for the establishment of an FAA-recognized identification area under this subpart: (a) A community-based organization recognized by the Administrator. (b) An educational institution, including primary and secondary educational institutions, trade schools, colleges, and universities." 14:14:2.0.1.3.11.3.1.3,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,C,Subpart C—FAA-Recognized Identification Areas,,§ 89.210 Requests for establishment of an FAA-recognized identification area.,FAA,,,,"(a) Application. An eligible person requesting the establishment of an FAA-recognized identification area under this subpart may submit an application in a form and manner acceptable to the Administrator. (b) Required documentation. A request under this subpart must contain all of the following information: (1) The name of the eligible person under § 89.205. (2) The name of the individual making the request on behalf of the eligible person. (3) A declaration that the individual making the request has the authority to act on behalf of the community-based organization or educational institution. (4) The name and contact information of the primary point of contact for communications with the FAA. (5) The physical address of the proposed FAA-recognized identification area. (6) The location of the proposed FAA-recognized identification area in a form and manner prescribed by the Administrator. (7) If applicable, a copy of any existing letter of agreement regarding the flying site. (8) Description of the intended purpose of the FAA-recognized identification area and why the proposed FAA-recognized identification area is necessary for that purpose. (9) Any other information required by the Administrator." 14:14:2.0.1.3.11.3.1.4,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,C,Subpart C—FAA-Recognized Identification Areas,,§ 89.215 Approval of FAA-recognized identification areas.,FAA,,,,"The Administrator will assess applications for FAA-recognized identification areas and may require additional information or documentation, as needed, to supplement an application. The Administrator will approve or deny an application, and may take into consideration matters such as, but not limited to: (a) The existence of any FAA established flight or airspace restriction limiting the operation of unmanned aircraft systems, such as special use airspace designations under part 73 of this chapter, temporary flight restrictions issued under part 91 of this chapter, or any other special flight rule, restriction or regulation in this chapter limiting the operation of unmanned aircraft systems in the interest of safety, efficiency, national security and/or homeland security, which overlaps with the proposed FAA-recognized identification area. (b) The safe and efficient use of airspace by other aircraft. (c) The safety and security of persons or property on the ground. (d) The need for an FAA-recognized identification area in the proposed location and proximity of other FAA-recognized identification areas." 14:14:2.0.1.3.11.3.1.5,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,C,Subpart C—FAA-Recognized Identification Areas,,§ 89.220 Amendment.,FAA,,,,"(a) From the time of application until expiration or termination of an FAA-recognized identification area, any change to the information submitted in the application including but not limited to a change to the point of contact for the FAA-recognized identification area or a change to the FAA-recognized identification area's organizational affiliation must be submitted to the FAA within 10 calendar days of the change. (b) If the person who has been granted an FAA-recognized identification area wishes to change the geographic boundaries of the FAA-recognized identification area, the person must submit a request describing the change to the FAA for review. The geographic boundaries of the FAA-recognized identification area will not change unless the requested change is approved in accordance with § 89.215. (c) The establishment of an FAA-recognized identification area is subject to ongoing review in accordance with § 89.215 by the Administrator that may result in the termination of the FAA-recognized identification area pursuant to § 89.230 or modification of the FAA-recognized identification area." 14:14:2.0.1.3.11.3.1.6,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,C,Subpart C—FAA-Recognized Identification Areas,,§ 89.225 Duration of an FAA-recognized identification area.,FAA,,,,"(a) Duration. Except as otherwise provided in this subpart, an FAA-recognized identification area will be in effect for 48 calendar months after the date the FAA approves the request for establishment of an FAA-recognized identification area. (b) Renewal. A person wishing to renew an FAA-recognized identification area must submit a request for renewal no later than 120 days prior to the expiration of the FAA-recognized identification area in a form and manner acceptable to the Administrator. The Administrator may deny requests submitted after that deadline or requests submitted after the expiration." 14:14:2.0.1.3.11.3.1.7,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,C,Subpart C—FAA-Recognized Identification Areas,,§ 89.230 Expiration and termination.,FAA,,,,"(a) Expiration. Unless renewed, an FAA-recognized identification area issued under this subpart will expire automatically and will have no further force or effect as of the day that immediately follows the date of expiration. (b) Termination prior to expiration —(1) Termination by request. An individual identified as the point of contact for an approved FAA-recognized identification area may submit a request to the Administrator to terminate that FAA-recognized identification area. (2) Termination by FAA. (i) The FAA may terminate an FAA-recognized identification area upon a finding that— (A) The FAA-recognized identification area may pose a risk to aviation safety, public safety, homeland security, or national security; (B) The FAA-recognized identification area is no longer associated with a person eligible for an FAA-recognized identification area; or (C) The person who submitted a request for establishment of an FAA-recognized identification area provided false or misleading information during the submission, amendment, or renewal process. (ii) The Administrator will notify the primary point of contact of the decision to terminate the FAA-recognized identification area and the reasons for the termination. Except as provided in paragraph (c) of this section, if the FAA terminates an FAA-recognized identification area based upon a finding that the FAA-recognized identification area may pose a risk to aviation safety, public safety, homeland security, or national security, that area will no longer be eligible to be an FAA-recognized identification area for as long as those conditions remain in effect. (c) Petition to reconsider the FAA's decision to terminate an FAA-recognized identification area. No later than 30 calendar days after the termination of an FAA-recognized identification area, a person may petition the Administrator for reconsideration of the decision. The petition must state the reasons justifying the request for reconsideration and include any supporting documentation. Upon consideration of the information submitted by the petitioner, the Administrator will notify the petitioner of the decision on the request for reconsideration. (d) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraphs (b) and (c) of this section." 14:14:2.0.1.3.11.4.1.1,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,D,Subpart D—Requirements for Standard Remote Identification Unmanned Aircraft and Remote Identification Broadcast Modules,,§ 89.301 Applicability.,FAA,,,,This subpart prescribes the minimum message element set and minimum performance requirements for standard remote identification unmanned aircraft and remote identification broadcast modules. 14:14:2.0.1.3.11.4.1.2,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,D,Subpart D—Requirements for Standard Remote Identification Unmanned Aircraft and Remote Identification Broadcast Modules,,§ 89.305 Minimum message elements broadcast by standard remote identification unmanned aircraft.,FAA,,,,"A standard remote identification unmanned aircraft must be capable of broadcasting the following remote identification message elements: (a) The identity of the unmanned aircraft, consisting of: (1) A serial number assigned to the unmanned aircraft by the person responsible for the production of the standard remote identification unmanned aircraft; or (2) A session ID. (b) An indication of the latitude and longitude of the control station. (c) An indication of the geometric altitude of the control station. (d) An indication of the latitude and longitude of the unmanned aircraft. (e) An indication of the geometric altitude of the unmanned aircraft. (f) An indication of the velocity of the unmanned aircraft. (g) A time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output. (h) An indication of the emergency status of the unmanned aircraft." 14:14:2.0.1.3.11.4.1.3,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,D,Subpart D—Requirements for Standard Remote Identification Unmanned Aircraft and Remote Identification Broadcast Modules,,§ 89.310 Minimum performance requirements for standard remote identification unmanned aircraft.,FAA,,,,"A standard remote identification unmanned aircraft must meet the following minimum performance requirements: (a) Control station location. The location of the control station of the unmanned aircraft must be generated and encoded into the message elements and must correspond to the location of the person manipulating the flight controls of the unmanned aircraft system. (b) Time mark. The time mark message element must be synchronized with all other remote identification message elements. (c) Self-testing and monitoring. (1) Prior to takeoff, the unmanned aircraft must automatically test the remote identification functionality and notify the person manipulating the flight controls of the unmanned aircraft system of the result of the test. (2) The unmanned aircraft must not be able to take off if the remote identification equipment is not functional. (3) The unmanned aircraft must continuously monitor the remote identification functionality from takeoff to shutdown and must provide notification of malfunction or failure to the person manipulating the flight controls of the unmanned aircraft system. (d) Tamper resistance. The unmanned aircraft must be designed and produced in a way that reduces the ability of a person to tamper with the remote identification functionality. (e) Error correction. The remote identification equipment must incorporate error correction in the broadcast of the message elements in § 89.305. (f) Interference considerations. The remote identification equipment must not interfere with other systems or equipment installed on the unmanned aircraft, and other systems or equipment installed on the unmanned aircraft must not interfere with the remote identification equipment. (g) Message broadcast. (1) The unmanned aircraft must be capable of broadcasting the message elements in § 89.305 using a non-proprietary broadcast specification and using radio frequency spectrum compatible with personal wireless devices in accordance with 47 CFR part 15, where operations may occur without an FCC individual license. (2) Any broadcasting device used to meet the requirements of this section must be integrated into the unmanned aircraft without modification to its authorized radio frequency parameters and designed to maximize the range at which the broadcast can be received, while complying with 47 CFR part 15 and any other applicable laws in effect as of the date the declaration of compliance is submitted to the FAA for acceptance. (h) Message elements performance requirements. (1) The reported geometric position of the unmanned aircraft and the control station must be accurate to within 100 feet of the true position, with 95 percent probability. (2) The reported geometric altitude of the control station must be accurate to within 15 feet of the true geometric altitude, with 95 percent probability. (3) The reported geometric altitude of the unmanned aircraft must be accurate to within 150 feet of the true geometric altitude, with 95 percent probability. (4) The unmanned aircraft must broadcast the latitude, longitude, and geometric altitude of the unmanned aircraft and its control station no later than 1.0 seconds from the time of measurement to the time of broadcast. (5) The unmanned aircraft must broadcast the message elements at a rate of at least 1 message per second. (i) Take-off limitation. The unmanned aircraft must not be able to take off unless it is broadcasting the message elements in § 89.305." 14:14:2.0.1.3.11.4.1.4,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,D,Subpart D—Requirements for Standard Remote Identification Unmanned Aircraft and Remote Identification Broadcast Modules,,§ 89.315 Minimum message elements broadcast by remote identification broadcast modules.,FAA,,,,"Remote identification broadcast modules must be capable of broadcasting the following remote identification message elements: (a) The identity of the unmanned aircraft, consisting of the serial number assigned to the remote identification broadcast module by the person responsible for the production of the remote identification broadcast module. (b) An indication of the latitude and longitude of the unmanned aircraft. (c) An indication of the geometric altitude of the unmanned aircraft. (d) An indication of the velocity of the unmanned aircraft. (e) An indication of the latitude and longitude of the take-off location of the unmanned aircraft. (f) An indication of the geometric altitude of the take-off location of the unmanned aircraft. (g) A time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output." 14:14:2.0.1.3.11.4.1.5,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,D,Subpart D—Requirements for Standard Remote Identification Unmanned Aircraft and Remote Identification Broadcast Modules,,§ 89.320 Minimum performance requirements for remote identification broadcast modules.,FAA,,,,"Remote identification broadcast modules must meet the following minimum performance requirements: (a) Take-off location. The remote identification broadcast module must be capable of determining the take-off location of the unmanned aircraft. (b) Time mark. The time mark message element must be synchronized with all other remote identification message elements. (c) Self-testing and monitoring. (1) Prior to take-off, the remote identification broadcast module must automatically test the remote identification functionality and notify the person manipulating the flight controls of the unmanned aircraft system of the result of the test. (2) The remote identification broadcast module must continuously monitor the remote identification functionality from takeoff to shutdown and must provide notification of malfunction or failure to the person manipulating the flight controls of the unmanned aircraft system. (d) Tamper resistance. The remote identification broadcast module must be designed and produced in a way that reduces the ability of a person to tamper with the remote identification functionality. (e) Error correction. The remote identification broadcast module must incorporate error correction in the broadcast of the message elements in § 89.315. (f) Interference considerations. The remote identification broadcast module must not interfere with other systems or equipment installed on compatible unmanned aircraft, and other systems or equipment installed on compatible unmanned aircraft must not interfere with the remote identification equipment. (g) Message broadcast. (1) The remote identification broadcast module must be capable of broadcasting the message elements in § 89.315 using a non-proprietary broadcast specification and using radio frequency spectrum compatible with personal wireless devices in accordance with 47 CFR part 15, where operations may occur without an FCC individual license. (2) The remote identification broadcast module must be designed to maximize the range at which the broadcast can be received, while complying with 47 CFR part 15 and any other applicable laws in effect as of the date the declaration of compliance is submitted to the FAA for acceptance. (h) Message elements performance requirements. (1) The reported geometric position of the unmanned aircraft must be accurate to within 100 feet of the true position, with 95 percent probability. (2) The reported geometric altitude of the unmanned aircraft must be accurate to within 150 feet of the true geometric altitude, with 95 percent probability. (3) The reported geometric position of the take-off location must be accurate to within 100 feet of the true geometric position, with 95 percent probability. (4) The reported geometric altitude of the take-off location must be accurate to within 150 feet of the true geometric altitude, with 95 percent probability. (5) The remote identification broadcast module must broadcast the latitude, longitude, and geometric altitude of the unmanned aircraft no later than 1.0 seconds from the time of measurement to the time of broadcast. (6) The remote identification broadcast module must broadcast the message elements at a rate of at least 1 message per second." 14:14:2.0.1.3.11.5.1.1,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,E,Subpart E—Means of Compliance,,§ 89.401 Applicability.,FAA,,,,"This subpart prescribes— (a) Requirements for means of compliance with subpart D of this part. (b) Procedural requirements for the submission and acceptance of means of compliance used in the design and production of standard remote identification unmanned aircraft or remote identification broadcast modules to ensure they meet the minimum performance requirements of this part. (c) Rules governing persons submitting means of compliance for FAA acceptance." 14:14:2.0.1.3.11.5.1.2,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,E,Subpart E—Means of Compliance,,§ 89.405 Submission of a means of compliance for FAA acceptance.,FAA,,,,"(a) Eligibility. Any person may submit a means of compliance for acceptance by the FAA. (b) Required information. A person requesting acceptance of a means of compliance must submit the following information to the FAA in a form and manner acceptable to the Administrator: (1) The name of the person or entity submitting the means of compliance, the name of the main point of contact for communications with the FAA, the physical address, email address, and other contact information. (2) A detailed description of the means of compliance. (3) An explanation of how the means of compliance addresses all of the minimum performance requirements established in subpart D of this part so that any standard remote identification unmanned aircraft or remote identification broadcast module designed and produced in accordance with such means of compliance meets the remote identification requirements of this part. (4) Any substantiating material the person wishes the FAA to consider as part of the request. (c) Testing and validation. A means of compliance submitted for acceptance by the FAA must include testing and validation procedures for persons responsible for the production of standard remote identification unmanned aircraft or remote identification broadcast modules to demonstrate through analysis, ground test, or flight test, as appropriate, how the standard remote identification unmanned aircraft or the remote identification broadcast module performs its intended functions and meets the requirements in subpart D of this part, including any applicable FAA performance requirements for radio station operation." 14:14:2.0.1.3.11.5.1.3,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,E,Subpart E—Means of Compliance,,§ 89.410 Acceptance of a means of compliance.,FAA,,,,"(a) A person requesting acceptance of a means of compliance must demonstrate to the Administrator that the means of compliance addresses all of the requirements of subparts D and E of this part, and that any standard remote identification unmanned aircraft or remote identification broadcast module designed and produced in accordance with such means of compliance would meet the performance requirements of subpart D of this part. (b) The Administrator will evaluate a means of compliance that is submitted to the FAA and may request additional information or documentation, as needed, to supplement the submission. (c) If the Administrator determines the person has demonstrated that the means of compliance meets the requirements of subparts D and E of this part, the FAA will notify the person that the Administrator has accepted the means of compliance." 14:14:2.0.1.3.11.5.1.4,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,E,Subpart E—Means of Compliance,,§ 89.415 Rescission.,FAA,,,,"(a) Rescission of an FAA-accepted means of compliance. (1) A means of compliance is subject to ongoing review by the Administrator. The Administrator may rescind acceptance of a means of compliance if the Administrator determines that a means of compliance does not meet any or all of the requirements of subpart D or E of this part. (2) The Administrator will publish a notice of rescission in the Federal Register . (b) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraph (a) of this section." 14:14:2.0.1.3.11.5.1.5,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,E,Subpart E—Means of Compliance,,§ 89.420 Record retention.,FAA,,,,"A person who submits a means of compliance that is accepted by the Administrator under this subpart must retain the following information for as long as the means of compliance is accepted plus an additional 24 calendar months, and must make available for inspection by the Administrator the following: (a) All documentation and substantiating data submitted to the FAA for acceptance of the means of compliance. (b) Records of all test procedures, methodology, and other procedures, as applicable. (c) Any other information necessary to justify and substantiate how the means of compliance enables compliance with the remote identification requirements of this part." 14:14:2.0.1.3.11.6.1.1,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.501 Applicability.,FAA,,,,"(a) This subpart prescribes— (1) Requirements for the design and production of unmanned aircraft with remote identification produced for operation in the airspace of the United States. (2) Requirements for the design and production of remote identification broadcast modules. (3) Procedural requirements for the submission, acceptance, and rescission of declarations of compliance. (4) Rules governing persons submitting declarations of compliance for FAA acceptance under this part. (b) Except as provided in paragraph (c) of this section, this subpart applies to the design and production of all unmanned aircraft operated in the airspace of the United States. (c) Except for unmanned aircraft designed and produced to be standard remote identification unmanned aircraft, this subpart does not apply to the design or production of: (1) Home-built unmanned aircraft. (2) Unmanned aircraft of the United States Government. (3) Unmanned aircraft that weigh 0.55 pounds or less on takeoff, including everything that is on board or otherwise attached to the aircraft. (4) Unmanned aircraft designed or produced exclusively for the purpose of aeronautical research or to show compliance with regulations." 14:14:2.0.1.3.11.6.1.10,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.545 Record retention.,FAA,,,,"A person who submits a declaration of compliance under this subpart that is accepted by the Administrator must retain the following information for as long as the standard remote identification unmanned aircraft or remote identification broadcast module listed on that declaration of compliance is produced plus an additional 24 calendar months, and must make available for inspection by the Administrator the following: (a) The means of compliance, all documentation, and substantiating data related to the means of compliance used. (b) Records of all test results. (c) Any other information necessary to demonstrate compliance with the means of compliance so that the standard remote identification unmanned aircraft or remote identification broadcast module meets the remote identification requirements and the design and production requirements of this part." 14:14:2.0.1.3.11.6.1.2,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.505 Serial numbers.,FAA,,,,"No person may produce a standard remote identification unmanned aircraft under § 89.510 or § 89.515 or a remote identification broadcast module under § 89.520, unless the producer assigns to the unmanned aircraft or remote identification broadcast module a serial number that complies with ANSI/CTA-2063-A. ANSI/CTA-2063-A, Small Unmanned Aerial Systems Serial Numbers (September 2019) is incorporated by reference into this section with the approval of the Director of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the FAA's Office of Rulemaking (ARM-1), 800 Independence Avenue SW, Washington, DC 20590 (telephone 202-267-9677) and is available from Consumer Technology Association (CTA), 1919 South Eads Street, Arlington, VA 22202, CTA@CTA.tech , 703-907-7600 or at https://www.cta.tech. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to www.archives.gov/federal-register/cfr/ibr-locations.html." 14:14:2.0.1.3.11.6.1.3,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.510 Production requirements for unmanned aircraft produced under a design approval or production approval issued under part 21 of this chapter.,FAA,,,,"After September 16, 2022, no person may produce an unmanned aircraft for operation in the airspace of the United States under a design approval or production approval issued under part 21 of this chapter unless: (a) All applicable requirements of part 21 of this chapter are met; and (b) The unmanned aircraft is— (1) Designed and produced to meet the minimum performance requirements for standard remote identification unmanned aircraft established in § 89.310 in accordance with an FAA-accepted means of compliance; or (2) Equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment that meets the requirements of § 91.225 of this chapter." 14:14:2.0.1.3.11.6.1.4,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.515 Production requirements for unmanned aircraft without design approval or production approval issued under part 21 of this chapter.,FAA,,,,"Except as provided in § 89.510, after September 16, 2022, no person may produce an unmanned aircraft for operation in the airspace of the United States unless— (a) The unmanned aircraft is designed and produced to meet the minimum performance requirements for standard remote identification unmanned aircraft established in § 89.310 in accordance with an FAA-accepted means of compliance; and (b) All of the following conditions are met: (1) Inspection requirements for production of standard unmanned aircraft. A person responsible for the production of standard remote identification unmanned aircraft must, upon request, allow the Administrator to inspect the person's facilities, technical data, and any standard remote identification unmanned aircraft the person produces, and to witness any tests necessary to determine compliance with this subpart. (2) Audit requirements. A person responsible for the production of standard remote identification unmanned aircraft must cause independent audits to be performed on a recurring basis, and additionally whenever the FAA provides notice of noncompliance or potential noncompliance, to demonstrate the unmanned aircraft listed under a declaration of compliance meet the requirements of this subpart. The person responsible for the production of standard remote identification unmanned aircraft must provide the results of all such audits to the FAA upon request. (3) Product support and notification. A person responsible for the production of standard remote identification unmanned aircraft must maintain product support and notification procedures to notify the public and the FAA of any defect or condition that causes an unmanned aircraft to no longer meet the requirements of this subpart, within 15 calendar days of the date the person becomes aware of the defect or condition." 14:14:2.0.1.3.11.6.1.5,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.520 Production requirements for remote identification broadcast modules.,FAA,,,"[Amdt. 89-1, 86 FR 4505, Jan. 15, 2021; 86 FR 13630, Mar. 10, 2021]","After April 21, 2021, no person may produce remote identification broadcast modules unless: (a) The remote identification broadcast module is designed and produced to meet the minimum performance requirements for remote identification broadcast modules established in § 89.320 in accordance with an FAA-accepted means of compliance; and (b) All of the following conditions are met: (1) Inspection requirements for production of remote identification broadcast modules. A person responsible for the production of remote identification broadcast modules must, upon request, allow the Administrator to inspect the person's facilities, technical data, and any remote identification broadcast modules the person produces, and to witness any tests necessary to determine compliance with this subpart. (2) Audit requirements. A person responsible for the production of remote identification broadcast modules must cause independent audits to be performed on a recurring basis, and additionally whenever the FAA provides notice of noncompliance or potential noncompliance, to demonstrate the remote identification broadcast modules listed under a declaration of compliance meet the requirements of this subpart. The person responsible for the production of remote identification broadcast modules must provide the results of all such audits to the FAA upon request. (3) Product support and notification. A person responsible for the production of remote identification broadcast modules must maintain product support and notification procedures to notify the public and the FAA of any defect or condition that causes the remote identification broadcast module to no longer meet the requirements of this subpart, within 15 calendar days of the date the person becomes aware of the defect or condition. (4) Instructions. A person responsible for the production of a remote identification broadcast module must make available instructions for installing and operating the remote identification broadcast module to any person operating an unmanned aircraft with the remote identification broadcast module." 14:14:2.0.1.3.11.6.1.6,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.525 Labeling.,FAA,,,,"(a) No person may produce a standard remote identification unmanned aircraft under § 89.515 unless it displays a label indicating that the unmanned aircraft meets the requirements of this part. The label must be in English and be legible, prominent, and permanently affixed to the unmanned aircraft. (b) No person may produce a remote identification broadcast module under § 89.520 unless it displays a label indicating that the equipment meets the requirements of this part. The label must be in English and be legible, prominent, and permanently affixed to the broadcast module." 14:14:2.0.1.3.11.6.1.7,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.530 Submission of a declaration of compliance for FAA acceptance.,FAA,,,,"(a) Eligibility. A person responsible for the production of a standard remote identification unmanned aircraft under § 89.515 or a remote identification broadcast module under § 89.520 must submit a declaration of compliance for acceptance by the FAA. (b) Required information for standard remote identification unmanned aircraft. The person responsible for the production of a standard remote identification unmanned aircraft requesting acceptance of a declaration of compliance must declare that the unmanned aircraft complies with the requirements of this subpart by submitting a declaration of compliance to the FAA in a form and manner acceptable to the Administrator. The declaration must include at a minimum the following information: (1) The name, physical address, telephone number, and email address of the person responsible for production of the unmanned aircraft. (2) The unmanned aircraft's make and model. (3) The unmanned aircraft's serial number, or the range of serial numbers for which the person responsible for production is declaring compliance. (4) The FCC Identifier of the 47 CFR part 15-compliant radio frequency equipment used and integrated into the unmanned aircraft. (5) The means of compliance used in the design and production of the unmanned aircraft. (6) Whether the declaration of compliance is an initial declaration or an amended declaration, and if the declaration of compliance is an amended declaration, the reason for the amendment. (7) A declaration that the person responsible for the production of the unmanned aircraft: (i) Can demonstrate that the unmanned aircraft was designed and produced to meet the minimum performance requirements of § 89.310 by using an FAA-accepted means of compliance. (ii) Complies with the requirements of § 89.515(b). (8) A statement that 47 CFR part 15-compliant radio frequency equipment is used and is integrated into the unmanned aircraft without modification to its authorized radio frequency parameters. (c) Required information for remote identification broadcast modules. The person responsible for the production of a remote identification broadcast module under § 89.520 that is requesting acceptance of a declaration of compliance must declare that the remote identification broadcast module complies with the requirements of this subpart by submitting a declaration of compliance to the FAA in a form and manner acceptable to the Administrator. The declaration must include at a minimum the following information: (1) The name, physical address, telephone number, and email address of the person responsible for production of the remote identification broadcast module. (2) The remote identification broadcast module's make and model. (3) The remote identification broadcast module's serial number, or the range of serial numbers for which the person responsible for production is declaring compliance. (4) The FCC Identifier of the 47 CFR part 15-compliant radio frequency equipment used and integrated into the remote identification broadcast module. (5) The means of compliance used in the design and production of the remote identification broadcast module. (6) Whether the declaration of compliance is an initial declaration or an amended declaration, and if the declaration of compliance is an amended declaration, the reason for the amendment. (7) A declaration that the person responsible for the production of the remote identification broadcast module: (i) Can demonstrate that the remote identification broadcast module was designed and produced to meet the minimum performance requirements of § 89.320 by using an FAA-accepted means of compliance. (ii) Complies with the requirements of § 89.520(b). (8) A statement that 47 CFR part 15-compliant radio frequency equipment is used and is integrated into the remote identification broadcast module without modification to its authorized radio frequency parameters, and a statement that instructions have been provided for installation of 47 CFR part 15-compliant remote identification broadcast module without modification to the broadcast module's authorized radio frequency parameters." 14:14:2.0.1.3.11.6.1.8,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.535 Acceptance of a declaration of compliance.,FAA,,,,"(a) The Administrator will evaluate a declaration of compliance that is submitted to the FAA and may request additional information or documentation, as needed, to supplement the declaration of compliance. (b) If the Administrator determines that the submitter has demonstrated compliance with the requirements of this subpart, the FAA will notify the submitter that the Administrator has accepted the declaration of compliance." 14:14:2.0.1.3.11.6.1.9,14,Aeronautics and Space,I,F,89,PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT,F,Subpart F— Remote Identification Design and Production,,§ 89.540 Rescission and reconsideration.,FAA,,,,"(a) Rescission of the FAA's acceptance of a declaration of compliance. (1) A declaration of compliance is subject to ongoing review by the Administrator. The Administrator may rescind acceptance of a declaration of compliance under circumstances including but not limited to the following: (i) A standard remote identification unmanned aircraft or remote identification broadcast module listed under an accepted declaration of compliance does not meet the minimum performance requirements of § 89.310 or § 89.320. (ii) A previously FAA-accepted declaration of compliance does not meet a requirement of this subpart; or (iii) The FAA rescinds acceptance of the means of compliance listed in an FAA-accepted declaration of compliance. (2) The Administrator will notify the person who submitted the FAA-accepted declaration of compliance of any issue of noncompliance. (3) If the Administrator determines that it is in the public interest, prior to rescinding acceptance of a declaration of compliance, the Administrator may provide a reasonable period of time for the person who submitted the declaration of compliance to remediate the noncompliance. A failure to remediate the noncompliance constitutes cause for rescission of the FAA's acceptance of the declaration of compliance. (4) The Administrator will notify the person who submitted the declaration of compliance of the decision to rescind acceptance of the declaration of compliance by publishing a notice of rescission in the Federal Register . (b) Petition to reconsider the FAA's decision to rescind acceptance of a declaration of compliance. (1) The person who submitted the FAA-accepted declaration of compliance or any person adversely affected by the rescission of the Administrator's acceptance of a declaration of compliance may petition for a reconsideration of the decision by submitting a request to the FAA in a form and manner acceptable to the Administrator within 60 calendar days of the date of publication in the Federal Register of notification of rescission. (2) A petition to reconsider the rescission of the Administrator's acceptance of a declaration of compliance must show that the petitioner is an interested party and has been adversely affected by the decision of the FAA. The petition must also demonstrate at least one of the following: (i) The petitioner adduces a significant additional fact not previously presented to the FAA. (ii) The Administrator made a material error of fact in the decision to rescind acceptance of the declaration of compliance. (iii) The Administrator did not correctly interpret a law, regulation, or precedent. (3) Upon consideration of the information submitted by the petitioner, the Administrator will notify the petitioner and the person who submitted the declaration of compliance (if different) of the decision on whether to reinstate the Administrator's acceptance of the declaration of compliance. (c) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraphs (a) and (b) of this section." 33:33:1.0.1.5.44.1.26.1,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,A,Subpart A—Certificate of Alternative Compliance,,§ 89.1 Definitions.,USCG,,,"[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by CGD 83-028, 49 FR 33876, Aug. 27, 1984]","As used in this subpart: Inland Rules refers to the Inland Navigation Rules contained in the Inland Navigational Rules Act of 1980 (Pub. L. 96-591) and the technical annexes established under that act. A vessel of special construction or purpose means a vessel designed or modified to perform a special function and whose arrangement is thereby made relatively inflexible. Interference with the special function of the vessel occurs when installation or use of lights, shapes, or sound-signaling appliances under the Inland Rules prevents or significantly hinders the operation in which the vessel is usually engaged." 33:33:1.0.1.5.44.1.26.2,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,A,Subpart A—Certificate of Alternative Compliance,,§ 89.3 General.,USCG,,,"[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2018-0874, 84 FR 30878, June 28, 2019]","Vessels of special construction or purpose which cannot fully comply with the light, shape, and sound signal provisions of the Inland Rules without interfering with their special function may instead meet alternative requirements. The Chief of the Prevention Division in each Coast Guard District Office makes this determination and requires that alternative compliance be as close as possible with the Inland Rules. These regulations set out the procedure by which a vessel may be certified for alternative compliance. The information collection and recordkeeping requirements in §§ 89.5 and 89.18 have been approved by the Office of Management and Budget under OMB control No. 1625-0019." 33:33:1.0.1.5.44.1.26.3,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,A,Subpart A—Certificate of Alternative Compliance,,§ 89.5 Application for a Certificate of Alternative Compliance.,USCG,,,"[CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29, 1982; USCG-2018-0874, 84 FR 30878, June 28, 2019]","(a) The owner, builder, operator, or agent of a vessel of special construction or purpose who believes the vessel cannot fully comply with the Inland Rules light, shape, or sound signal provisions without interference with its special function may apply for a determination that alternative compliance is justified. The application must be in writing, submitted to the Chief of the Prevention Division of the Coast Guard District in which the vessel is being built or operated, and include the following information: (1) The name, address, and telephone number of the applicant. (2) The identification of the vessel by its: (i) Official number; (ii) Shipyard hull number; (iii) Hull identification number; or (iv) State number, if the vessel does not have an official number or hull identification number. (3) Vessel name and home port, if known. (4) A description of the vessel's area of operation. (5) A description of the provision for which the Certificate of Alternative Compliance is sought, including: (i) The Inland Rules Rule or Annex section number for which the Certificate of Alternative Compliance is sought; (ii) A description of the special function of the vessel that would be interfered with by full compliance with the provision of that Rule or Annex section; and (iii) A statement of how full compliance would interfere with the special function of the vessel. (6) A description of the alternative installation that is in closest possible compliance with the applicable Inland Navigation Rules Rule or Annex section. (7) A copy of the vessel's plans or an accurate scale drawing that clearly shows: (i) The required installation of the equipment under the Inland Rules, (ii) The proposed installation of the equipment for which certification is being sought, and (iii) Any obstructions that may interfere with the equipment when installed in: (A) The required location; and (B) The proposed location. (b) The Coast Guard may request from the applicant additional information concerning the application." 33:33:1.0.1.5.44.1.26.4,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,A,Subpart A—Certificate of Alternative Compliance,,§ 89.9 Certificate of Alternative Compliance: Contents.,USCG,,,"[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by USCG-2018-0874, 84 FR 30878, June 28, 2019]","The Chief of the Prevention Division issues the Certificate of Alternative Compliance to the vessel based on a determination that it cannot comply fully with Inland Rules light, shape, and sound signal provisions without interference with its special function. This Certificate includes: (a) Identification of the vessel as supplied in the application under § 89.5(a)(2); (b) The provision of the Inland Rules for which the Certificate authorizes alternative compliance; (c) A certification that the vessel is unable to comply fully with the Inland Rules light, shape, and sound signal requirements without interference with its special function; (d) A statement of why full compliance would interfere with the special function of the vessel; (e) The required alternative installation; (f) A statement that the required alternative installation is in the closest possible compliance with the Inland Rules without interfering with the special function of the vessel; (g) The date of issuance; (h) A statement that the Certificate of Alternative Compliance terminates when the vessel ceases to be usually engaged in the operation for which the certificate is issued." 33:33:1.0.1.5.44.1.26.5,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,A,Subpart A—Certificate of Alternative Compliance,,§ 89.17 Certificate of Alternative Compliance: Termination.,USCG,,,,The Certificate of Alternative Compliance terminates if the information supplied under § 89.5(a) or the Certificate issued under § 89.9 is no longer applicable to the vessel. 33:33:1.0.1.5.44.1.26.6,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,A,Subpart A—Certificate of Alternative Compliance,,§ 89.18 Record of certification of vessels of special construction or purpose.,USCG,,,"[CGD 80-187, 47 FR 13801, Apr. 1, 1982, as amended by CGD 88-052, 53 FR 25120, July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41332, June 18, 2002; USCG-2010-0351, 75 FR 36281, June 25, 2010; USCG-2014-0410, 79 FR 38431, July 7, 2014]","(a) Copies of Certificates of Alternative Compliance and documentation concerning Coast Guard vessels are available for inspection at the offices of the Marine Transportation Systems Directorate, U.S. Coast Guard Headquarters (CG-5PW), Stop 7509, 2703 Martin Luther King Avenue SE., Washington, DC 20593-7509. (b) The owner or operator of a vessel issued a Certificate shall ensure that the vessel does not operate unless the Certificate of Alternative Compliance or a certified copy of that Certificate is on board the vessel and available for inspection by Coast Guard personnel." 33:33:1.0.1.5.44.2.26.1,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,B,Subpart B—Waters Upon Which Certain Inland Navigation Rules Apply,,§ 89.21 Purpose.,USCG,,,"[CGD 85-081, 51 FR 4592, Feb. 6, 1986]","Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to the Great Lakes, and along with 24(i), apply on the “Western Rivers” as defined in Rule 3(1), and to additional specifically designated waters. The purpose of this Subpart is to specify those additional waters upon which Inland Navigation Rules 9(a)(ii), 14(d), 15(b), and 24(i) apply." 33:33:1.0.1.5.44.2.26.2,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,B,Subpart B—Waters Upon Which Certain Inland Navigation Rules Apply,,§ 89.23 Definitions.,USCG,,,"[CGD 83-028, 49 FR 33876, Aug. 27, 1984]","As used in this subpart: Inland Rules refers to the Inland Navigation Rules contained in the Inland Navigational Rules Act of 1980 (Pub. L. 96-591, 33 U.S.C. 2001 et. seq.) and the technical annexes established under that Act." 33:33:1.0.1.5.44.2.26.3,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,B,Subpart B—Waters Upon Which Certain Inland Navigation Rules Apply,,"§ 89.25 Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.",USCG,,,"[CGD 91-050, 58 FR 27625, May 10, 1993, as amended by USCG-2014-0410, 79 FR 38432, July 7, 2014]","Inland Rules 9(a)(ii), 14(d), and 15(b) apply on the Great Lakes, the Western Rivers, and the following specified waters: (a) Tennessee-Tombigbee Waterway. (b) Tombigbee River. (c) Black Warrior River. (d) Alabama River. (e) Coosa River. (f) Mobile River above the Cochrane Bridge at St. Louis Point. (g) Flint River. (h) Chattahoochee River. (i) The Apalachicola River above its confluence with the Jackson River." 33:33:1.0.1.5.44.2.26.4,33,Navigation and Navigable Waters,I,E,89,PART 89—INLAND NAVIGATION RULES: IMPLEMENTING RULES,B,Subpart B—Waters Upon Which Certain Inland Navigation Rules Apply,,§ 89.27 Waters upon which Inland Rule 24(j) applies.,USCG,,,"[CGD 91-050, 58 FR 27625, May 10, 1993, as amended by USCG-2018-0874, 84 FR 30878, June 28, 2019]","(a) Inland Rule 24(j) applies on the Western Rivers and the specified waters listed in § 89.25 (a) through (i). (b) Inland Rule 24(j) applies on the Gulf Intracoastal Waterway from St. Marks, Florida, to the Rio Grande, Texas, including the Morgan City-Port Allen Alternate Route and the Galveston-Freeport Cutoff, except that a power-driven vessel pushing ahead or towing alongside shall exhibit the lights required by Inland Rule 24(c), while transiting within the following areas: (1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile 284.6 East of Harvey Locks (EHL) to the DuPont Fixed Bridge at Mile 295.4 EHL. (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the Light “10” off of Trout Point at Mile 176.9 EHL to the Pensacola Fixed Bridge at Mile 189.1 EHL. (3) Mobile Bay and Bon Secour Bay from the Dauphin Island Causeway Fixed Bridge at Mile 127.7 EHL to Little Point Clear at Mile 140 EHL. (4) Mississippi Sound from Grand Island Waterway Light “1” at Mile 53.8 EHL to Light “40” off the West Point of Dauphin Island at Mile 118.7 EHL. (5) The Mississippi River at New Orleans, Mississippi River-Gulf Outlet Canal and the Inner Harbor Navigation Canal from the junction of the Harvey Canal and the Algiers Alternate Route at Mile 6.5 West of Harvey Locks (WHL) to the Michoud Canal at Mile 18 EHL. (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6 WHL to the Ellender Lift Bridge at Mile 243.6 WHL. (7) The Sabine Neches Canal from mile 262.5 WHL to mile 291.5 WHL. (8) Bolivar Roads from the Bolivar Assembling Basin at Mile 346 WHL to the Galveston Causeway Bridge at Mile 357.3 WHL. (9) Freeport Harbor from Surfside Beach Fixed Bridge at Mile 393.8 WHL to the Bryan Beach Pontoon Bridge at Mile 397.6 WHL. (10) Matagorda Ship Channel area of Matagorda Bay from Range “K” Front Light at Mile 468.7 WHL to the Port O'Connor Jetty at Mile 472.2 WHL. (11) Corpus Christi Bay from Redfish Bay Day Beacon “55” at Mile 537.4 WHL when in the Gulf Intracoastal Waterway main route or from the north end of Lydia Ann Island Mile 531.1A when in the Gulf Intracoastal Waterway Alternate Route to Corpus Christi Bay LT 76 at Mile 543.7 WHL. (12) Port Isabel and Brownsville Ship Channel south of the Padre Island Causeway Fixed Bridge at Mile 665.1 WHL." 40:40:22.0.1.1.5.0.1.1,40,Protection of Environment,I,C,89,PART 89—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES,,,,§ 89.1 Applicability.,EPA,,,,"The Environmental Protection Agency adopted emission standards for model year 1996 and later nonroad compression-ignition engines under this part. EPA has migrated regulatory requirements for these engines to 40 CFR part 1039, with additional testing and compliance provisions in 40 CFR parts 1065 and 1068. The Tier 1, Tier 2, and Tier 3 standards originally adopted in this part are identified in 40 CFR part 1039, appendix I. See 40 CFR 1039.1 for information regarding the timing of the transition to 40 CFR part 1039, and for information regarding regulations that continue to apply for engines that manufacturers originally certified or otherwise produced under this part." 40:40:22.0.1.1.5.0.1.2,40,Protection of Environment,I,C,89,PART 89—CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES,,,,§§ 89.2 through 89.3 [Reserved],EPA,,,, 49:49:1.0.1.1.35.1.43.1,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.1 Purpose.,DOT,,,,"This part implements the Federal Claims Collection Act of 1966, 31 U.S.C. 3701-3720 A, as amended primarily by the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749) and the Debt Collection Amendments of 1986 (Pub. L. 99-578, 100 Stat. 3305). It supplements the Federal Claims Collection Standards (FCCS), 4 CFR parts 101-105, issued jointly by the Comptroller General of the United States and the Attorney General of the United States under 31 U.S.C. 3711(e)(2). Pursuant to the Federal Claims Collection Act, as amended, and the FCCS, this part sets forth procedures by which the Department of Transportation (DOT) and its operating elements (see 49 CFR 1.3) through designated officials: (a) Collect claims owed to the United States arising from activities under its jurisdiction; (b) Determine and collect interest and other charges on those claims; (c) Compromise claims; and (d) Refer unpaid claims for litigation." 49:49:1.0.1.1.35.1.43.2,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.3 Applicability.,DOT,,,,"(a) The part applies to collection of all claims due the United States under the Federal Claims Collection Act of 1966 as amended by the Debt Collection Act of 1982 and the Debt Collection Amendments of 1986 (Pub. L. 99-578), arising from activities under the jurisdiction of DOT including amounts due the United States from fees, overpayments, fines, civil penalties, loans, damages, interest, and other sources. (b) This part does not apply to collection, settlement or compromise of debts owed the United States pursuant to authority other than Title 31, Chapter 37, Subchapter II: for example, application of this part to the enforcement of contracts under 46 U.S.C. 1117, delegated to the DOT Maritime Administration, is not required. (c) Section 89.23 (interest, late payment penalties, and collection charges) and § 89.25 (collection by administrative offset) of this part do not apply to debts which other United States government agencies or state governments or units of general local government owe the Department (see 31 U.S.C. 3701(c)); however, other statutory or common law may provide legal authority. Neither does the proposed rule apply to recovery of debts owed by current or former employees of the United States governed by 5 U.S.C. 5514. (d) Claims arising out of contracts that contain specific provisions relating to claims are governed by those specific provisions to the extent that those provisions comply with existing law and with 4 CFR chapter II. (e) As used in this part, the terms debt and claims are interchangeable and have the meaning defined in 4 CFR 101.2(a). A debtor's liability arising out of a particular incident or adjudication exclusive of interest, administrative costs, and late payment penalties, is a single claim. (f) Except as provided in paragraphs (b), (c) and (d) of this section the provisions of this part shall apply to the collection of all debts and claims owed to any DOT operating element. A claim arising from the assessment of civil penalty or fine is not subject to the procedures of this subpart until the claim has been reduced to a liquidated debt by a signed settlement agreement, a court order or judgment, or a final administrative determination." 49:49:1.0.1.1.35.1.43.3,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.5 Delegations of authority.,DOT,,,"[53 FR 51238, Dec. 21, 1988, as amended at 58 FR 6898, Feb. 3, 1993; 73 FR 57269, Oct. 2, 2008]","The functions, powers, and duties of the Secretary of Transportation to attempt collection of claims, to compromise claims of the United States not exceeding $100,000 (excluding interest) and to suspend and terminate action to collect such claims are delegated to: (a) The Assistant Secretary for Administration with respect to collection, compromise, suspension and termination of claims arising out of the activities of, or referred to, the Working Capital Fund; (b) The Assistant Secretary for Budget and Programs with respect to collection, compromise, suspension and termination of collection of claims under 31 U.S.C. 3711 arising out of the activities of, or referred to, the Office of the Secretary (excluding claims pertaining to the Working Capital Fund); and (c) The heads of other DOT operating elements with respect to claims arising out of the activities of, or referred to, their organizations." 49:49:1.0.1.1.35.1.43.4,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.7 Exceptions to delegated authority.,DOT,,,,"The authority delegated under § 89.5 does not apply to any claim: (a) As to which there is an indication of (1) fraud; (2) the presentation of a false claim; or (3) misrepresentation on the part of the debtor or any other party having an interest in the claim; (b) Based on tax statutes; or (c) Arising from an exception made by the General Accounting Office in the account of an accountable officer." 49:49:1.0.1.1.35.1.43.5,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.9 Redelegation.,DOT,,,,Each officer to whom authority is delegated under § 89.5 may redelegate and authorize successive redelegations of the authority within the organization under his or her jurisdiction. 49:49:1.0.1.1.35.1.43.6,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.11 Standards for exercise of delegated authority.,DOT,,,,"The authority delegated under § 89.5 shall be exercised in accordance with the standards for the collection and compromise of claims and for the suspension and termination of action to collect claims promulgated by the United States General Accounting Office and the United States Department of Justice, and published at 4 CFR chapter II, as those standards may be amended." 49:49:1.0.1.1.35.1.43.7,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.13 Documentary evidence of compromise.,DOT,,,,"A compromise of any claim is not final or binding on the United States unless it is in writing, signed by an officer or employee authorized to compromise that claim." 49:49:1.0.1.1.35.1.43.8,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,A,Subpart A—General,,§ 89.15 Regulations and supporting documentation.,DOT,,,"[53 FR 51238, Dec. 21, 1988, as amended at 73 FR 57269, Oct. 2, 2008]","(a) Each officer to whom authority is delegated under § 89.5 may promulgate regulations for the exercise of that authority within his or her organization. These regulations shall be revised, as necessary, to conform to any amendments to this part. (b) Each officer to whom authority is delegated under 89.5 shall furnish the following information to the Assistant Secretary for Administration and the Assistant Secretary for Budget and Programs: (1) A copy of each redelegation of that authority. (2) A copy of any implementing regulations governing the exercise of the authority delegated under § 89.5, and any amendments to those regulations. (c) Each officer or employee to whom the Secretary's authority has been delegated or redelegated, before exercising such authority, shall acquire sufficient documentation to demonstrate that the action taken is in the best interests of the United States. This documentation will be retained with and treated as part of the file concerning the debt. (d) The failure of any officer or employee to comply with this section does not limit or impair his or her exercise of authority." 49:49:1.0.1.1.35.2.43.1,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,§ 89.21 Administrative collection.,DOT,,,,"Except as provided differently by the DOT operating elements pursuant to § 89.3: (a) DOT shall send a debtor a total of three progressively stronger written demands at not more than 30-day intervals, unless a response to the first or second demand indicates that a further demand would be futile or the debtor's response does not require rebuttal, or other pertinent information indicates that additional written demands would be unnecessary. (b) The initial written demand for payment (and the notice of offset under § 89.25) shall inform the debtor of: (1) The basis for the indebtedness and the debtor's right to obtain review (see § 89.21(f) for details on review). (2) The amount of the claim; (3) That domestic and overseas payment in excess of ten thousand dollars or more shall be made by wire transfer through the Federal Reserve communications, commonly known as Fedwire, to the account of the U.S. Treasury in accordance with the instructions provided in the demand letter; payments originating in foreign countries shall be made by wire transfer to the extent practicable. (4) The delinquency date, or the date by which payment is to be made (30 days from the date of mailing or hand delivery of the initial demand letter); (5) The standard for interest, penalties, and administrative charges in accordance with 31 U.S.C. 3717, if payment is not received by the due date (see § 89.23 for details regarding interest, collection charges, and late payment penalty charges); (6) Where a notice of offset is concerned, the right to make voluntary payment before collection by offset begins (see § 89.25). (7) The possible reporting of the claim to commercial credit bureaus and consumer reporting agencies; however a notice of offset should not include this warning. (8) The possibility that DOT will forward the claim to a collection agency, the General Accounting Office, the Department of Justice, or private counsel contracting with the Department of Justice for collection; however a notice of offset should not include this warning. (c) If the debtor fails to respond to the demands for payment by the due date specified in the notice, the Department may take further action under this part or the FCCS under 4 CFR parts 101 through 105, pursuant to 31 U.S.C. 3701-3720A. These actions may include reports to commercial credit bureaus, consumer reporting agencies, contracts with commercial collection agencies, revocation of licenses, or the use of administrative offset, as authorized in 31 U.S.C. 3701-3720A. (d) DOT may collect by administrative offset, (see § 89.25, Collection by administrative offset), if the debtor: (1) Has not made payment by the payment due date; (2) Has not requested a review of the claim within the agency as set out in paragraph (f) of this section; or (3) Has not made an arrangement for payment by the payment due date; (e) Except for information that may properly be withheld under 49 CFR part 7, the debtor may inspect and copy the records of the agency related to the claim. Any reasonable costs associated with the copying and inspection of the records shall be borne by the debtor. (Payment of cost is governed by 49 CFR part 7, subpart I.) The debtor shall give reasonable notice in advance to the agency of the date on which it intends to inspect and copy the records involved; (f)(1) Except for debts established by settlement agreement, court order or judgment, or final administrative decision, the debtor may request review of the validity or amount of a claim. To do so, the debtor shall make a request in writing for review of the claim prior to it becoming delinquent. ( See 4 CFR 101.2 for definition of when a debt is considered delinquent.) The debtor's written response shall state the basis for the dispute, and provide all factual information, documents, citation to authority, argument and any other matters to be considered. If only part of the claim is disputed, the undisputed portion shall be paid by the delinquency date stated in the initial demand. During the period that the claim is being reviewed, the amount of the debt is owed, but the accrual of interest and accrual of time to delinquency may be suspended on the disputed portion of the debt. (2) Review of claims shall be based upon the written record unless an oral hearing is required by 4 CFR 102.3(c). Upon completion of review, within 30 days whenever feasible, the Department shall advise the debtor whether the debt has been found to be valid in any amount, or that collection will be terminated. If the claim is found to be valid in any amount, the accrual of interest and time to delinquency shall commence 15 days after mailing of the notification of the review results. The notification of the review may also include notice of a specific collection action to be undertaken if payment is not received. (g) The debtor may offer to make a written agreement to pay the amount of the claim. The acceptance of such an agreement is discretionary with DOT. If the debtor requests an installment payment arrangement because a lump sum payment would create a financial hardship, DOT may agree to a written installment payment schedule with the debtor (see 4 CFR 102.11(a)). The debtor shall execute a confess-judgment note which specifies all of the terms of the arrangement and includes a provision accelerating the debt in the event the debtor defaults. The size and frequency of installment payments shall bear a reasonable relation to the size of the debt and the debtor's ability to pay. Interest shall be provided in the note (see § 89.23). The debtor shall be provided with a written explanation of the consequences of signing a confess-judgment note. The debtor shall sign a statement acknowledging receipt of the written explanation, which shall recite that the statement was read and understood before execution of the note and that the note is being signed knowingly and voluntarily. Evidence of these facts shall be maintained in DOT's file on the debtor in accordance with the practice of the DOT operating element." 49:49:1.0.1.1.35.2.43.2,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,"§ 89.23 Interest, late payment penalties, and collection charges.",DOT,,,,"(a) DOT shall charge interest on an outstanding debt at the Treasury Current Value of Funds Rate published by the Secretary of the Treasury in accordance with 31 U.S.C. 3717 and 4 CFR 102.13(c), unless DOT determines that a higher rate is necessary to protect the interests of the United States. DOT shall charge a late payment penalty at a rate of six percent a year on any portion of a debt that is more than 90 days past due. DOT shall also assess administrative charges to cover additional cost incurred in processing and handling the debt beyond the payment due date. The imposition of interest, collection charges, and late payment penalty charges shall be made in accordance with 31 U.S.C. 3717, 4 CFR 102.13 (see § 89.3(c) regarding payment of such charges by Federal, state and local government agencies). (b) Interest on debt shall begin to accrue on the date on which the debtor is mailed or delivered notice of the debt and the interest requirements or, in the case of advance billings, on the calendar day following the specified due date of the debt, provided the advance billing gives notice of the interest requirements for late payment. Interest on the debt shall continue to accrue until payment is received. Interest shall be calculated only on the principal of the debt (simple interest). The rate of interest assessed shall be the rate in effect on the date from which interest begins to accrue, and will remain fixed for the duration of the indebtedness. The rate of interest assessed will generally be the Treasury Current Value of Funds Rate. (c) The Department shall waive interest on debt that is paid within 30 calendar days after the date on which interest began to accrue. (d) Collection charges on debt shall be computed to cover the cost of processing and handling the delinquent debt. It shall be either the actual cost to process the particular delinquent debt to which it is applied, or operating elements may set the amount of such monthly charge by cost analysis establishing the average of actual additional costs incurred by the operating element in processing similar debts. Collection charges may also include the expense of obtaining credit reports and of using a professional debt collection contractor. (e) DOT may waive interest, collection charges, or late payment penalty charges if it finds that: (1) The debtor would be eligible for compromise under standards set forth in 4 CFR 103.2 with regard to the amount of the debt; (2) Collection of interest, administrative charges, or penalties will jeopardize collection of the principal of the debt; or (3) It is otherwise in the best interests of the United States, including the situation in which an offset or installment payment agreement is in effect." 49:49:1.0.1.1.35.2.43.3,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,§ 89.25 Collection by administrative offset.,DOT,,,,"(a) Whenever feasible, after a debtor fails to pay a claim, request a review of a claim, or make an arrangement for payment following a demand made in accordance with § 89.21, DOT shall collect claims under this part by means of administrative offset against obligations of the United States to the debtor pursuant to 31 U.S.C. 3716 and 4 CFR 102.3. Salary offset against present or former employees of the United States is not governed by this part (see 49 CFR part 92). (b) The Department shall notify the debtor in writing in conformance with 31 U.S.C. 3716 and the FCCS of its intent to collect the debt by offset, unless the debtor pays the debt in full, including all interest, administrative charges, and penalties, or executes an agreement to pay the debt by installment at terms acceptable to DOT. (c) In making collection by administrative offset under 31 U.S.C. 3716, DOT must do so in accordance with the requirements set forth in § 89.21(b)(1-6). (See also procedures for recovery of debts to the United States by salary offset, 49 CFR part 92.)" 49:49:1.0.1.1.35.2.43.4,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,§ 89.27 Referral for litigation.,DOT,,,,"Claims that are not settled or for which collection action is not compromised, suspended or terminated under 4 CFR parts 103 and 104 or collected by collection agencies shall be referred to the General Accounting Office or the Department of Justice for litigation in accordance with the procedures in 4 CFR part 105." 49:49:1.0.1.1.35.2.43.5,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,§ 89.29 Disclosure to commercial credit bureaus and consumer reporting agencies.,DOT,,,,"(a) Data on all delinquent commercial and consumer debts may be reported to commercial credit bureaus and consumer reporting agencies (see 31 U.S.C. 3701(a)(3)). Sixty days prior to release of information to a consumer reporting agency, the debtor shall be notified, in writing, of the intent to disclose the existence of the debt to a consumer reporting agency. Such notice of intent may be by separate correspondence or included in correspondence demanding direct payment. The notice shall be in conformance with 31 U.S.C. 3711(f) and the Federal Claims Collection Standards. (b) The information that may be disclosed is the debtor's name, address, social security number or taxpayer identification number, and any other information to establish the identity and location of the individual, the amount of the claim, status and history of the claim, and the program under which the claim arose." 49:49:1.0.1.1.35.2.43.6,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,§ 89.31 Use of professional debt collection agencies.,DOT,,,,"Debts over 90 days delinquent (see § 89.21(b)(4)) may be turned over to professional debt collection agencies except for those debts owed by State and local governments, other Federal agencies, current employees, and other debts prohibited by statute from being turned over to commercial collection agencies." 49:49:1.0.1.1.35.2.43.7,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,§ 89.33 [Reserved],DOT,,,, 49:49:1.0.1.1.35.2.43.8,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,B,Subpart B—Collection of Claims,,§ 89.35 Administrative wage garnishment.,DOT,,,"[74 FR 40523, Aug. 12, 2009]","(a) General. The Secretary may use administrative wage garnishment for debts referred to cross-servicing at Financial Management Service, Department of Treasury. Regulations in 31 CFR 285.11 govern the collection of debts owed to federal agencies through administrative wage garnishment. Whenever the Financial Management Service collects a debt for the Secretary using administrative wage garnishment, the statutory administrative requirements in 31 CFR 285.11 will govern. (b) Hearing official. Any hearing required to establish the Secretary's right to collect a debt through administrative wage garnishment shall be conducted by a qualified individual selected at the discretion of the Secretary of Transportation, as specified in 31 CFR 285.11. The qualified individual may include an Administrative Law Judge." 49:49:1.0.1.1.35.3.43.1,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,C,Subpart C—Referral of Debts to IRS for Tax Refund Offset,,§ 89.37 Applicability and scope.,DOT,,,,"(a) This subpart implements 31 U.S.C. 3720A which authorizes the IRS to reduce a tax refund by the amount of a past-due legally enforceable debt owed to the United States. (b) For purposes of this subpart, a past-due legally enforceable debt referable to the IRS is: (1) A debt which: (i) Is owed to the United States; (ii) Is at least $25.00; (iii) Except in the case of a judgment debt, has been delinquent for at least three months but has not been delinquent for more than ten years at the time the offset is made; (iv) Cannot be currently collected pursuant to the salary offset provisions of 5 U.S.C. 5514(a)(1); (v) Is ineligible for administrative offset under 31 U.S.C. 3716(a) by reason of 31 U.S.C. 3716(c)(2) or cannot be collected by administrative offset under 31 U.S.C. 3716(a) by the Department against amounts payable to or on behalf of the debtor by or on behalf of the Department; (vi) Has been disclosed by the Department to a consumer reporting agency as authorized by 31 U.S.C. 3711(f), unless a consumer reporting agency would be prohibited from using such information by 15 U.S.C. 1681c, or unless the amount of the debt does not exceed $100.00; and (2) A debt for which the Department has: (i) Notified or has made reasonable attempt to notify the taxpayer that the debt is past-due and, that the debt, unless repaid within 60 days thereafter, will be referred to the IRS for offset against any overpayment of tax; (ii) Given the debtor at least 60 days from the date of notification to present information that all or part of the debt is not past-due or legally enforceable, has considered information presented by such debtor, and has determined that an amount of debt is past-due and legally enforceable;" 49:49:1.0.1.1.35.3.43.2,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,C,Subpart C—Referral of Debts to IRS for Tax Refund Offset,,§ 89.39 Administrative charges.,DOT,,,,"In accordance with 4 CFR 102.13, all administrative charges incurred in connection with the referral of the debt to the IRS shall be added to the debt and thus increase the amount of the offset." 49:49:1.0.1.1.35.3.43.3,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,C,Subpart C—Referral of Debts to IRS for Tax Refund Offset,,§ 89.41 Notice requirement before offset.,DOT,,,,"A request for offset from an IRS tax refund will be made only after the Department has made a determination that an amount is owed and past-due and provides the debtor with 60 days written notice. The Department's notice of intention to collect by IRS tax refund offset (Notice of Intent) includes: (a) The amount of the debt; (b) That unless the debt is repaid within 60 days from the date of the Department's Notice of Intent, the Department will refer the debt to the IRS for offset against any amount due the debtor as a tax refund; (c) That the debtor has a right to present information that all or part of the debt is not past-due or legally enforceable; and (d) A mailing address for forwarding any written correspondence and a contact name and telephone number for any questions." 49:49:1.0.1.1.35.3.43.4,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,C,Subpart C—Referral of Debts to IRS for Tax Refund Offset,,§ 89.43 Review within the Department.,DOT,,,,"(a) Notification by debtor. A debtor who receives a Notice of Intent may present, for 60 days from the date of the Notice of Intent, information that all or part of the debt is not past-due or legally enforceable. (However, this does not extend the regulatory period for submitting written statements or for requesting an administrative hearing on the merits of an alleged violation, nor does it extend the period to appeal an assessed civil penalty.) To comply with this procedure, the debtor must: (1) Send a written request for a review of the information to the address provided in the notice. (2) State in the request the amount disputed and the reasons why the debtor believes that the debt is not past-due or legally enforceable. (3) Include in the request any documents which the debtor wishes to be considered or state that additional information will be submitted within the remainder of the 60 day period. (b) Submission of information. The debtor may submit information showing that all or part of the debt is not past-due or not legally enforceable along with the notification required by paragraph (a) of this section. Failure to submit the information within the remainder of the 60 day period will be interpreted as there is no additional information for consideration. (c) Review of the information. The Department considers all available information related to the issue of whether the debt is past-due and the issue of whether the debt is legally enforceable. After a decision has been reached, the Department notifies the debtor whether the Department has sustained amended, or cancelled its determination that the debt is past-due and legally enforceable." 49:49:1.0.1.1.35.3.43.5,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,C,Subpart C—Referral of Debts to IRS for Tax Refund Offset,,§ 89.45 Department determination.,DOT,,,,"(a) Following review of the information, the Department notifies the debtor with a written decision that includes the supporting rationale. (b) If the Department either sustains or amends its determination, it shall notify the debtor that the debt is being referred to the IRS for offset against the debtor's Federal income tax refund. If the Department determines that there is no legally enforceable debt or that full payment has been made, the case will be closed." 49:49:1.0.1.1.35.3.43.6,49,Transportation,A,,89,PART 89—IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT,C,Subpart C—Referral of Debts to IRS for Tax Refund Offset,,§ 89.47 Stay of offset.,DOT,,,,"If the debtor timely notifies the Department that he or she is complying with the procedures in § 89.43(a) of this subpart and timely submits additional information in accordance with § 89.43(b) of this subpart, the debt will not be referred to the IRS while the matter is under review by the Department. Referral will not be made until the issuance of a written decision, in accordance with § 89.45 of this subpart, which sustains or amends the Department's original determination." 9:9:1.0.1.3.31.0.46.1,9,Animals and Animal Products,I,C,89,PART 89—STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW,,,,§ 89.1 Amount of feed.,APHIS,,,,"(a) Under normal conditions, the amount of feed designated in the following schedule will be considered as sustaining rations for livestock in transit when fed at the intervals required by the Twenty-Eight Hour Law: 1 The requirements set forth the sustaining rations for a full load of livestock in a railroad car 40 feet in length. The requirements for a full load of livestock in railroad cars of different sizes should be modified proportionately, i.e. , a load of livestock transported in a car 50 feet in length would require an additional 25 percent of feed or 2.5 percent for each additional foot of car over 40 feet. 2 Or the equivalent in other suitable feed. Dairy calves too young to eat hay or grain, or shipped without their dams, should be given a sufficient amount of prepared calf feed, milk, raw eggs, or other suitable feed. All feed should be of good quality. (b) When the owner of a consignment of livestock desires that they be fed larger amounts of feed than those designated in paragraph (a) of this section for the particular kind and quantity of livestock, or the carrier believes that they should be fed larger amounts, the amounts to be fed should be agreed upon, if practicable, by the owner and the carrier at the time the animals are offered for shipment. (c) When emergency conditions arise, such as severe changes in the weather, which increase the rigors of transportation, the livestock should receive amounts of feed, additional to those designated in paragraph (a) of this section, sufficient to sustain them until they arrive at the next feeding station or destination. (d) When the movement of livestock is delayed en route so that the period of their confinement in the cars materially exceeds that specified by the Twenty-Eight Hour Law, the livestock should receive additional feed in proportion to such excess time." 9:9:1.0.1.3.31.0.46.2,9,Animals and Animal Products,I,C,89,PART 89—STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW,,,,§ 89.2 Two or more feedings at same station.,APHIS,,,,"When livestock are held at a feeding station 12 hours after the last previous feed has been substantially consumed, they should again be fed the ration prescribed by § 89.1(a) for that station: Provided, however, That they may be held without such feeding for a period longer than 12 hours if the time they are so held, added to the time required to reach the next feeding station or destination, whichever is closer, would not ordinarily exceed 40 hours." 9:9:1.0.1.3.31.0.46.3,9,Animals and Animal Products,I,C,89,PART 89—STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW,,,,"§ 89.3 Feeding, watering, and resting livestock in the car.",APHIS,,,,"(a) Livestock should be unloaded into pens of the character described in § 89.5(a) for feeding, watering, and resting, unless there is ample room in the car for all of the animals to lie down at the same time. (b) If livestock are watered in the car, adequate facilities should be provided and ample water furnished to insure all the animals an opportunity to drink their fill. In the case of hogs, water should be available for not less than 1 hour. (c) Livestock unloaded for feed and water and returned to the car for rest should be allowed to remain in the pens not less than 2 hours. (d) Livestock unloaded for water and returned to the car for feed and rest should be allowed to remain in the pens not less than 1 hour. (e) When livestock are fed in the car, the feed should be evenly distributed throughout the car." 9:9:1.0.1.3.31.0.46.4,9,Animals and Animal Products,I,C,89,PART 89—STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW,,,,§ 89.4 Watering.,APHIS,,,,"Livestock should be furnished an ample supply of potable water. Water treated with chemicals for industrial or boiler use, or taken from streams or ponds containing sewage, mud, or other objectionable matter should not be used. Troughs and other receptacles should be clean. In cold weather, the water should be free from ice." 9:9:1.0.1.3.31.0.46.5,9,Animals and Animal Products,I,C,89,PART 89—STATEMENT OF POLICY UNDER THE TWENTY-EIGHT HOUR LAW,,,,§ 89.5 Feeding pens.,APHIS,,,,"(a) Stock pens and other enclosures for feeding, watering, and resting livestock in transit should have (1) sufficient space for all of the livestock to lie down at the same time, (2) properly designed facilities for feeding and watering the livestock, (3) reasonably well-drained, clean, and safe floors of concrete, cinders, gravel, hard-packed earth, or other suitable material, and (4) suitable protection from weather reasonably to be expected in the region in which the pens are located. (b) Care should be taken to protect livestock unloaded en route at a point having marked difference in temperature from that at the point from which they were shipped."