{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 152 sorted by section_id", "rows": [["14:14:3.0.1.3.24.1.3.1", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "A", "Subpart A\u2014General", "", "\u00a7 152.1 Applicability.", "FAA", "", "", "", "This part applies to airport planning and development under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701  et seq. )."], ["14:14:3.0.1.3.24.1.3.2", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "A", "Subpart A\u2014General", "", "\u00a7 152.3 Definitions.", "FAA", "", "", "", "The following are definitions of terms used throughout this part:\n\nAADA  means the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701  et seq. ).\n\nAir carrier airport  means\u2014\n\n(1) An existing public airport regularly served, or a new public airport that the Administrator determines will be regularly served, by an air carrier, other than a charter air carrier, certificated by the Civil Aeronautics Board under section 401 of the Federal Aviation Act of 1958; and\n\n(2) A commuter service airport.\n\nAirport  means\u2014\n\n(1) Any area of land or water that is used, or intended for use, for the landing and takeoff of aircraft;\n\n(2) Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights-of-way; and\n\n(3) All airport buildings and facilities located on the areas specified in this definition.\n\nAirport development  means\u2014\n\n(1) Any work involved in constructing, improving, or repairing a public airport or portion thereof, including the removal, lowering, relocation, and marking and lighting or airport hazards, and including navigation aids used by aircraft landing at, or taking off from, a public airport, and including safety equipment required by rule or regulation for certification of the airport under section 612 of the Federal Aviation Act of 1958, and security equipment required of the sponsor by the FAA by rule or regulation for the safety and security of persons or property on the airport, and including snow removal equipment, and including the purchase of noise suppressing equipment, the construction of physical barriers, and landscaping for the purpose of diminishing the effect of aircraft noise on any area adjacent to a public airport.\n\n(2) Any acquisition of land or of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove or mitigate or prevent or limit the establishment of, airport hazards; and\n\n(3) Any acquisition of land or of any interest therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of a public airport.\n\nAirport hazard  means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport, that\u2014\n\n(1) Obstructs the airspace required for the flight of aircraft landing or taking off at the airport; or\n\n(2) Is otherwise hazardous to aircraft landing or taking off at the airport.\n\nAirport layout plan  means a plan for the layout of an airport, showing existing and proposed airport facilities.\n\nAirport master planning  means the development for planning purposes of information and guidance to determine the extent, type, and nature of development needed at a specific airport.\n\nAirport system planning  means the development for planning purposes of information and guidance to determine the extent, type, nature, location, and timing of airport development needed in a specific area to establish a viable and balanced system of public airports.\n\nAudit  means the examination and verification of part or all of the documentary evidence supporting an item of project cost in accordance with Attachment P of Office of Management and Budget Circular A-102 (44 FR 60958).\n\nCommuter service airport  means an air carrier airport\u2014\n\n(1) That is not served by an air carrier certificated under section 401 of the Federal Aviation Act of 1958;\n\n(2) That is regularly served by one or more air carriers operating under an exemption granted by the Civil Aeronautics Board from section 401(a) of the Federal Aviation Act of 1958; and\n\n(3) At which not less than 2,500 passengers were enplaned during the preceding calendar year by air carriers operating under an exemption from section 401(a).\n\nForce account  means\u2014\n\n(1) The sponsor's or planning agency's own labor force; or\n\n(2) The labor force of another public agency acting as an agent of the sponsor or planning agency.\n\nGeneral aviation airport  means a public airport other than an air carrier airport.\n\nLanding area  means an area used, or intended to be used, for the landing, takeoff, or surface maneuvering of aircraft.\n\nNASP  means the National Airport System Plan.\n\nNational Airport System Plan  means the plan for the development of public airports in the United States formulated by the Administrator under section 12 of the AADA.\n\nNonrevenue producing public-use areas  means areas that are directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport.\n\nPassengers enplaned  means\u2014\n\n(1) United States domestic, territorial, and international revenue passenger enplanements in scheduled and nonscheduled service of air carriers; and\n\n(2) Revenue passenger enplanements by foreign air carriers in intrastate and interstate commerce.\n\nPlanning agency  means a planning agency designated by the Administrator that is authorized by the laws of a State, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or Guam, or by the laws of a political subdivision of any of those entities, to engage in areawide planning for the areas in which assistance under this part is to be used.\n\nProject  means a project for the accomplishment of airport development, airport master planning, or airport system planning.\n\nProject costs  means any costs involved in accomplishing a project.\n\nProject formulation costs  means, with respect to projects for airport development, any necessary costs of formulating a project including\u2014\n\n(1) The costs of field surveys and the preparation of plans and specifications;\n\n(2) The acquisition of land or interests in land, or easement through or other interests in airspace; and\n\n(3) Any necessary administrative or other incidental costs incurred by the sponsor specifically in connection with the accomplishment of a project for airport development, that would not have been incurred otherwise.\n\nPublic agency  means\u2014\n\n(1) A state, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, the Government of the Northern Marianas, Guam, or any agency of those entities;\n\n(2) A municipality or other political subdivision;\n\n(3) A tax-supported organization; or\n\n(4) An Indian tribe or pueblo.\n\nPublic airport  means any airport that\u2014\n\n(1) Is used, or intended to be used, for public purposes;\n\n(2) Is under the control of a public agency; and\n\n(3) Has a property interest satisfactory to the Administrator in the landing area.\n\nReliever airport  means a general aviation airport designated by the Administrator as having the primary function of relieving congestion at an air carrier airport by diverting from that airport general aviation traffic.\n\nRunway clear zone  means an area at ground level underlying a portion of the approach surface specified in the standards incorporated into this part by \u00a7 152.11.\n\nSatisfactory property interest  means\u2014\n\n(1) Title free and clear of any reversionary interest, lien, easement, lease, or other encumbrance that, in the opinion of the Administrator would\u2014\n\n(i) Create an undue risk that it might deprive the sponsor of possession or control;\n\n(ii) Interfere with the use of the airport for public airport purposes; or\n\n(iii) Make it impossible for the sponsor to carry out the agreements and convenants in its grant application;\n\n(2) Unless a shorter term is authorized by the Administrator, a lease of not less than 20 years granted to the sponsor by another public agency, or the United States, that has title as described in paragraph (1) of this definition, on terms that the Administrator considers satisfactory;\n\n(3) In the case of an off-airport area, title or an agreement, easement, leasehold or other right or property interest that, in the Administrator's opinion, provides reasonable assurance that the sponsor will not be deprived of its right to use the land for the intended purpose during the period necessary to meet the requirements of the grant agreement; or\n\n(4) In the case of a runway clear zone, an easement or a covenant running with the land, giving the airport operator or owner enough control to rid the clear zone of all airport hazards and prevent the creation of future airport hazards.\n\nSponsor  means any public agency that, whether individually or jointly with one or more other public agencies, submits to the Administrator, in accordance with this part, an application for financial assistance.\n\nStage development  means airport development accomplished under stage construction over not less than two years where the sponsor assures that any development not funded under the initial grant agreement will be completed with or without Federal funds.\n\nState  means a State of the United States or the District of Columbia.\n\nTerminal development  means airport development in the nonrevenue producing public-use areas which are associated with the terminal and which are directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport, including, but not limited to, vehicles for the movement of passengers between terminal facilities and aircraft.\n\nUnified Planning Work Program  means a single document prepared by a local areawide planning agency that identifies all transportation and related planning activities that will be undertaken within the metropolitan area during a one-year or two-year period."], ["14:14:3.0.1.3.24.1.3.3", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "A", "Subpart A\u2014General", "", "\u00a7 152.5 Exemptions.", "FAA", "", "", "", "(a) Except as provided in paragraph (b) of this section, any interested person may petition the Regional Director concerned for a temporary or permanent exemption from any requirement of this part.\n\n(b) The Regional Director concerned does not issue an exemption from any rule of this part if the grant of exemption would be inconsistent with a specific provision of, or the purpose of, the AADA, or any other applicable Federal law.\n\n(c) Each petition filed under this section must\u2014\n\n(1) Unless otherwise authorized by the Regional Director concerned, be submitted not less than 60 days before the proposed effective date of the exemption;\n\n(2) Be submitted in duplicate to the FAA Regional Office or Airports District Office having jurisdiction over the area in which the airport is located;\n\n(3) Contain the text or substance of the rule from which the exemption is sought;\n\n(4) Explain the nature and extent of the relief sought; and\n\n(5) Contain any information, views, or arguments in support of the exemption.\n\n(d) The Regional Director concerned either grants or denies the exemption and notifies the petitioner of the decision. The FAA publishes a summary of the grant or denial of petition for exemption in the  Federal Register.\n\nThe summary includes\u2014\n\n(1) The docket number of the petition;\n\n(2) The name of the petitioner;\n\n(3) A citation of each rule from which relief is requested;\n\n(4) A brief description of the general nature of the relief requested; and\n\n(5) The disposition of the petition.\n\n(e) Official FAA records, including grants and denials of exemptions, relating to petitions for exemption are maintained in current docket form in the Office of the Regional Counsel for the region concerned.\n\n(f) Any interested person may\u2014\n\n(1) Examine any docketed material at the Office of the Regional Counsel, at any time after the docket is established, except material that is ordered withheld from the public under section 1104 of the Federal Aviation Act of 1958 (49 U.S.C. 1504); and\n\n(2) Obtain a photostatic or similar copy of docketed material upon paying the same fee as that prescribed in 49 CFR part 7."], ["14:14:3.0.1.3.24.1.3.4", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "A", "Subpart A\u2014General", "", "\u00a7 152.7 Certifications.", "FAA", "", "", "", "(a) Subject to such terms and conditions as the Administrator may prescribe, a sponsor or a planning agency may submit, with respect to any provision of this part implementing a statutory or administrative requirement imposed on the sponsor or planning agency under the AADA, a certification that the sponsor or planning agency has complied or will comply with the provision, instead of making the showing required.\n\n(b) The Administrator exercises discretion in determining whether to accept a certification.\n\n(c) Acceptance by the Administrator of a certification from a sponsor or planning agency may be rescinded by the Administrator at any time if, in the Administrator's opinion, it is necessary to do so.\n\n(d) If the Administrator determines that it is necessary, the sponsor or planning agency, on request, shall show compliance with any requirement for which a certification was accepted."], ["14:14:3.0.1.3.24.1.3.5", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "A", "Subpart A\u2014General", "", "\u00a7 152.9 Forms.", "FAA", "", "", "", "Any form needed to comply with this part may be obtained at any FAA Regional Office or Airports District Office."], ["14:14:3.0.1.3.24.1.3.6", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "A", "Subpart A\u2014General", "", "\u00a7 152.11 Incorporation by reference.", "FAA", "", "", "", "(a)  Mandatory standards.  The advisory circulars listed in appendix B to this part are incorporated into this part by reference. The Director, Office of Airport Standards, determines the scope and content of the technical standards to be included in each advisory circular in appendix B, and may add to, or delete from, appendix B any advisory circular or part thereof. Except as provided in paragraph (c) of this section, these guidelines are mandatory standards.\n\n(b)  Modification of standards.  When necessary to meet local conditions, any technical standard set forth in appendix B may be modified for individual projects, if it is determined that the modifications will provide an acceptable level of safety, economy, durability, and workmanship. The determination and modification may be made by the Director, Office of Airport Standards, or the appropriate Regional Director, in instances where the authority has not been specifically reserved by the Director, Office of Airport Standards.\n\n(c)  State standards.  Standards established by a state for airport development at general aviation airports in the state may be the standards applicable to those airports when they have been approved by the Director, Office of Airport Standards, or the appropriate Regional Director, in instances where approval authority has not been specifically reserved by the Director, Office of Airport Standards.\n\n(d)  Availability of advisory circulars.  The advisory circulars listed in appendix B may be inspected and copied at any FAA Regional Office or Airports District Office. Copies of the circulars that are available free of charge may be obtained from any of those offices or from the FAA Distribution Unit, M-443.1, Washington, DC 20590. Copies of the circulars that are for sale may be bought from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402."], ["14:14:3.0.1.3.24.2.3.1", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.101 Applicability.", "FAA", "", "", "", "This subpart contains requirements and application procedures applicable to airport development and planning projects."], ["14:14:3.0.1.3.24.2.3.10", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.119 Contract requirements and procurement standards.", "FAA", "", "", "", "To the extent applicable, all grant agreements, contracts, and subcontracts involving airport development projects or airport planning must be in accordance with the contract requirements in appendices A and C, as applicable, and the procurement standards in Attachment O of Office of Management and Budget Circular A-102 (42 FR 45828)."], ["14:14:3.0.1.3.24.2.3.2", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.103 Sponsors: Airport development.", "FAA", "", "", "", "(a) To be eligible to apply for a project for airport development with respect to a particular airport the following requirements must be met:\n\n(1) Each sponsor must be a public agency authorized by law to submit the project application;\n\n(2) If a sponsor is the holder of an airport operating certificate issued for the airport under part 139 of this chapter, it must be in compliance with the requirements of part 139.\n\n(3) When any of the following agreements is applicable to an airport which the sponsor owns or controls, the sponsor must have complied with the agreement, or show to the satisfaction of the Administrator that it will comply or, for reasons beyond its control, cannot comply with the agreement:\n\n(i) Each grant agreement made with it under the Federal Airport Act (49 U.S.C. 1101  et seq. ), or the AADA.\n\n(ii) Each convenant in a conveyance to it under section 16 of the Federal Airport Act or section 23 of the AADA.\n\n(iii) Each convenant in a conveyance to it of surplus airport property under section 13(a) of the Surplus Property Act (50 U.S.C. App 1622(g)) or under Regulation 16 of the War Assets Administration.\n\n(4) The sponsor, in the case of a single sponsor, or one or more of the cosponsors must have, or be able to obtain\u2014\n\n(i) Funds to pay all estimated costs of the project that are not to be born by the United States; and\n\n(ii) Satisfactory property interests in the lands to be developed or used as part of, or in connection with, the airport as it will be after the project is completed.\n\n(b) Another public agency may act as agent of the public agency that is to own and operate the airport, for the purpose of channeling grant funds in accordance with state or local law, without becoming a sponsor."], ["14:14:3.0.1.3.24.2.3.3", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.105 Sponsors and planning agencies: Airport planning.", "FAA", "", "", "", "(a) To be eligible to apply for a project for airport planning\u2014\n\n(1) If the project is for airport master planning\u2014\n\n(i) Each sponsor must be a public agency and meet the requirements of \u00a7 152.103(a)(3); and\n\n(ii) The sponsor, in the case of a single sponsor, or one or more cosponsors must be legally able to implement the planning, within the existing or proposed airport boundaries, that results from the project study.\n\n(2) If the project is for airport system planning, each sponsor must be a planning agency.\n\n(b) Another public agency or planning agency may act as agent of another public agency or planning agency, for the purpose of channeling grant funds in accordance with state or local law, without becoming a sponsor."], ["14:14:3.0.1.3.24.2.3.4", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.107 Project eligibility: Airport development.", "FAA", "", "", "", "(a) Except in the case of approved stage development, each project for airport development must provide for\u2014\n\n(1) Development of an airport or unit of an airport that is safe, useful, and usable; or,\n\n(2) An additional facility that increases the safety, usefulness, and usability of an airport.\n\n(b) Unless otherwise authorized by the Administrator, a project for airport development must involve more than $25,000 in United States funds.\n\n(c) The development included in a project for airport development must\u2014\n\n(1) In the opinion of the Administrator, be \u201cairport development\u201d as defined in \u00a7 152.3;\n\n(2) Be identified as airport development in the mandatory standards incorporated into this part by \u00a7 152.11; and\n\n(3) Be described in an approved airport layout plan.\n\n(d) The airport involved in a project for airport development must be included in the current NASP.\n\n(e) In complying with paragraph (a) of this section, the sponsor must\u2014\n\n(1) Own, acquire, or agree to acquire control over, or a property interest in, runway clear zones that the Administrator considers adequate; and\n\n(2) Provide for approach and runway lighting systems satisfactory to the Administrator."], ["14:14:3.0.1.3.24.2.3.5", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.109 Project eligibility: Airport planning.", "FAA", "", "", "", "(a)  Airport master planning.  A proposed project for airport master planning is not approved unless\u2014\n\n(1) The location of the existing or proposed airport is included in the current NASP;\n\n(2) In the opinion of the Administrator, the proposed planning would promote the effective location of public airports and the development of an adequate NASP;\n\n(3) The project is airport master planning as defined in \u00a7 152.3;\n\n(4) If the project has been determined to have areawide significance by an appropriate areawide agency, it has been incorporated into a unified planning work program; and\n\n(5) In the case of a proposed project for airport master planning in a large or medium air traffic hub, in the opinion of the Administrator\u2014\n\n(i) There is an appropriate system plan identifying the need for the airport;\n\n(ii) The absence of a system plan is due to the failure of the responsible planning agency to proceed with its preparation; or\n\n(iii) An existing system plan is not acceptable.\n\n(b)  Airport system planning.  A proposed project for airport system planning is not approved unless\u2014\n\n(1) In the opinion of the Administrator, the project promotes the effective location of public airports;\n\n(2) In the opinion of the Administrator, the project promotes the development of an adequate NASP;\n\n(3) The project is airport system planning as defined in \u00a7 152.3; and\n\n(4) When the project encompasses a metropolitan area that includes a large or medium hub airport, the project is incorporated in a unified planning work program."], ["14:14:3.0.1.3.24.2.3.6", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.111 Application requirements: Airport development.", "FAA", "", "", "[Docket 19430, 45 FR 34784, May 22, 1980, as amended by Amdt. 152-11, 45 FR 56622, Aug. 25, 1980; 45 FR 58107, Sept. 2, 1980; Amdt. 152-13, 46 FR 30809, June 11, 1981]", "(a) An eligible sponsor that desires to obtain Federal aid for eligible airport development must apply to the FAA in accordance with this section. The sponsor must apply on a form and in a manner prescribed by the Administrator, through the FAA Airports District Office or Airports Field Office having jurisdiction over the area where the sponsor is located or, where there is no such office, the Regional Office having that jurisdiction.\n\n(b)  Preapplication for Federal assistance.  A preapplication for Federal assistance must be submitted unless\u2014\n\n(1) The Federal fund request is for $100,000 or less; or,\n\n(2) The project does not include construction, land acquisition, or land improvement.\n\n(c) Unless otherwise authorized by the Administrator, the preapplication required by paragraph (b) of this section must be accompanied by the following:\n\n(1) A list of the items of airport development requested for programming, together with an itemized estimated cost of the work involved.\n\n(2) A sketch or sketches of the airport layout indicating the location for each item of work proposed, using the same item numbers used in the list required by paragraph (c)(1) of this section.\n\n(3) If the proposed project involves the displacement of persons or the acquisition of real property, the assurances required by \u00a7\u00a7 25.57 and 25.59, as applicable, of the Regulations of the Office of the Secretary of Transportation (49 CFR 25.57 and 25.59), whether or not reimbursement is being requested for the costs of displacement or real property acquisition.\n\n(4) Any comments or statements required by appendix E, Procedures Implementing Office of Management and Budget Circular A-95, to this part, with a showing that they have been considered by the sponsor.\n\n(5) If the proposed development involves the construction of eligible airport buildings or the acquisition of eligible fixed equipment to be contained in those buildings, a statement whether the proposed development will be in an area of the community that has been identified by the Department of Housing and Urban Development as an area of special flood hazard as defined in the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002  et seq. ).\n\n(6) If the proposed development is in an area of special flood hazard, a statement whether the community is participating in the National Flood Insurance Program (42 U.S.C. 4011  et seq. ).\n\n(7) The sponsor's environmental assessment prepared in conformance with appendix 6 of FAA Order 1050.1C, \u201cPolicies and Procedures for Considering Environmental Impacts\u201d (45 FR 2244; Jan. 10, 1980), and FAA Order 5050.4, \u201cAirport Environmental Handbook\u201d (45 FR 56624; Aug. 24, 1980), if an assessment is required by Order 5050.4. Copies of these orders may be examined in the Rules Docket, Office of the Chief Counsel, FAA, Washington, D.C., and may be obtained on request at any FAA regional office headquarters or any airports district office.\n\n(8) A showing that the sponsor has complied with the public hearing requirements in \u00a7 152.117.\n\n(9) In the case of a proposed new airport serving any area that does not include a metropolitan area, a showing that each community in which the proposed airport is to be located has approved the proposed airport site through the body having general legislative jurisdiction over it.\n\n(10) In the case of a proposed project at an air carrier airport, a statement that the sponsor, in making the decision to undertake the project, has consulted with air carriers using the airport.\n\n(11) In the case of a proposed project at a general aviation airport, a statement that the sponsor, in making the decision to undertake the project, has consulted with fixed-base operators using the airport.\n\n(12) In the case of terminal development, a certification that the airport has, or will have, all safety and security equipment required for certification of the airport under part 139 and has provided, or will provide, for access to the passenger enplaning and deplaning area to passengers enplaning or deplaning from aircraft other than air carrier aircraft.\n\n(d)  Allocation of funds.  If the proposed project for airport development is selected by the Administrator for inclusion in a program, a tentative allocation of funds is made for the project and the sponsor is notified of the allocation. The tentative allocation may be withdrawn if the sponsor does not submit a project application in accordance with paragraph (f) of this section.\n\n(e)  Application for Federal assistance.  As soon as practicable after receiving notice of a tentative allocation or, if a preapplication is not required (as provided in paragraph (b) of this section), an application for Federal assistance must be submitted.\n\n(f) Unless otherwise authorized by the Administrator, the application required by paragraph (e) of this section must be accompanied by the following:\n\n(1) When a preapplication has not been previously submitted, the information required by paragraph (c) of this section.\n\n(2) A property map of the airport showing\u2014\n\n(i) The property interests of each sponsor in all the lands to be developed or used as part of, or in connection with, the airport as it will be when the project is completed; and\n\n(ii) All property interests acquired or to be acquired, for which U.S. aid is requested under the project.\n\n(3) With respect to all lands to be developed or used as a part of, or in connection with, the airport (as it will be when the project is completed) in which a satisfactory property interest is not held by a sponsor, a covenant by the sponsor that it will obtain a satisfactory property interest before construction is begun or within a reasonable time if not needed for construction.\n\n(4) If the proposed project involves the displacement of persons, the relocation plan required by \u00a7 25.55 of the Regulations of the Office of the Secretary of Transportation.\n\n(5) When the project involves an airport location, a runway location, or a major runway extension, a written certification from the Governor of the state in which the project may be located (or a delegatee), providing reasonable assurance that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards.\n\n(6) A statement whether any building, installation, structure, location, or site of operations to be utilized in the performance of the grant or any contract made pursuant to the grant appears on the list of violating facilities distributed by the Environmental Protection Agency under the provisions of the Clean Air Act and Federal Water Pollution Control Act (40 CFR part 15).\n\n(7) The assurances on Civil Rights required by \u00a7 21.7 of the Regulations of the Office of the Secretary of Transportation (49 CFR 21.7) and \u00a7 152.405.\n\n(8) Plans and specifications for the proposed development in accordance with the design and construction standards listed in appendix B to this part.\n\n(9) The applicable assurances required by appendix D to this part.\n\n(10) If cosponsors are not willing to assume, jointly and severally, the obligations imposed on them by this part and the grant agreement, a statement satisfactory to the Administrator indicating\u2014\n\n(i) The responsibilities of each sponsor with respect to the accomplishment of the proposed project and the operation and maintenance of the airport;\n\n(ii) The obligations each will assume to the United States; and\n\n(iii) The name of the sponsor or sponsors who will accept, receipt for, and disburse grant payments.\n\n(g)  Additional documentation.  The Administrator may request additional documentation as needed to support specific items of development or to comply with other Federal and local requirements as they pertain to the requested development."], ["14:14:3.0.1.3.24.2.3.7", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.113 Application requirements: Airport planning.", "FAA", "", "", "[Docket 19430, 45 FR 34784, May 22, 1980, as amended by Amdt. 152-13, 46 FR 30809, June 11, 1981]", "(a)  Application for Federal assistance.  An eligible sponsor or planning agency that desires to obtain Federal aid for eligible airport master planning or airport system planning must submit an application for Federal assistance, on a form and in a manner prescribed by the Administrator, to the appropriate FAA Airports District Office or Airports Field Office having jurisdiction over the area where the sponsor or planning agency is located or, where there is no such office, the Regional Office having that jurisdiction.\n\n(b) Unless otherwise authorized by the Administrator, the application required by paragraph (a) of this section must be accompanied by the following:\n\n(1) Any comments or statements required by appendix E, Procedures Implementing Office of Management and Budget Circular A-95, to this part.\n\n(2) Budget (project costs) information subdivided into the following functions, as appropriate, and the basis for computation of these costs:\n\n(i) Third party contracts.\n\n(ii) Sponsor force account costs.\n\n(iii) Administrative costs.\n\n(3) A program narrative describing the proposed planning project including\u2014\n\n(i) The objective;\n\n(ii) The results and benefits expected;\n\n(iii) A Work Statement including\u2014\n\n(A) A detailed description of each work element;\n\n(B) A list of each organization, consultant, and key individual who will work on the planning project, and the nature of the contribution of each; and\n\n(C) A proposed schedule of work accomplishment; and\n\n(iv) The geographic location of the airport or the boundaries of the planning area.\n\n(4) If the sponsor proposes to accomplish the project with its own forces or those of another public or planning agency\u2014\n\n(i) An assurance that adequate, competent personnel are available to satisfactorily accomplish the proposed planning project, and\n\n(ii) A description of the qualifications of the key personnel.\n\n(5) If cosponsors are not willing to assume, jointly, and severally, the obligations imposed on them by this part and the grant agreement, a statement satisfactory to the Administrator indicating\u2014\n\n(i) The responsibilities of each sponsor with respect to the accomplishment of the proposed project;\n\n(ii) The obligations each will assume to the United States; and\n\n(iii) The name of the sponsor or sponsors who will accept, receipt for, and disburse grant payments.\n\n(6) The assurances on Civil Rights required by \u00a7 21.7 of the Regulations of the Office of the Secretary of Transportation (49 CFR 21.7).\n\n(7) The applicable assurances required by appendix D of this part.\n\n(c)  Additional documentation.  The Administrator may request additional documentation as needed to support a master plan or system plan, or to comply with other Federal and local requirements as they pertain to the requested plan."], ["14:14:3.0.1.3.24.2.3.8", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.115 Grant agreement: Offer, acceptance, and amendment.", "FAA", "", "", "", "(a)  Offer.  Upon approving a project for airport development, airport master planning, or airport system planning, the Administrator issues a written offer that sets forth the terms, limitations, and requirements of the proposed agreement.\n\n(b)  Acceptance.  The acceptance of an offer or an amendment to a grant agreement must be in writing. The sponsor's or planning agency's attorney must certify that the acceptance complies with all applicable law, and constitutes a legal and binding obligation of the sponsor or planning agency.\n\n(c)  Amendment: Airport development grants.  The maximum obligation of the United States under a grant agreement for an airport development project may be increased by an amendment if\u2014\n\n(1) Except as otherwise provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the maximum obligation of the United States is not increased by more than 10 percent;\n\n(2) Funds are available for the increase;\n\n(3) The sponsor shows that the increase is justified; and\n\n(4) The change does not prejudice the interest of the United States.\n\n(d)  Reduction of U.S. Share: Airport development grants.  When project work for which costs have been incurred is deleted from a grant agreement, the Administrator reduces the maximum obligation of the United States proportionately, based on the cost or value of the deleted work as shown on the project application.\n\n(e)  Amendment: Airport planning.  A grant agreement for airport planning may be changed if\u2014\n\n(1) The change does not increase the maximum obligation of the United States under the grant agreement; and\n\n(2) The change does not prejudice the interest of the United States."], ["14:14:3.0.1.3.24.2.3.9", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "B", "Subpart B\u2014Eligibility Requirements and Application Procedures", "", "\u00a7 152.117 Public hearings.", "FAA", "", "", "[Docket 19430, 45 FR 34784, May 22, 1980, as amended by Amdt. 152-11, 45 FR 56622, Aug. 25, 1980]", "(a) Before submitting a preapplication for Federal assistance for an airport development project involving the location of an airport, an airport runway, or a runway extension, the sponsor must give notice of opportunity for a public hearing, in accordance with paragraph (b) of this section, for the purpose of\u2014\n\n(1) Considering the economic, social, and environmental effects of the location of the airport, the airport runway, or the runway extension; and\n\n(2) Determining the consistency of the location with the goals and objectives of any urban planning that has been carried out by the community.\n\n(b) The notice of opportunity for public hearing must\u2014\n\n(1) Include a concise statement of the proposed development;\n\n(2) Be published in a newspaper of general circulation in the communities in or near which the project may be located;\n\n(3) Provide a minimum of 30 days from the date of the notice for submission of requests for a hearing by persons having an interest in the economic, social, or environmental effects of the project; and\n\n(4) State that a copy is available of the sponsor's environmental assessment, if one is required by appendix 6 of FAA Order 1050.1C, \u201cPolicies and Procedures for Considering Environmental Impacts\u201d (45 FR 2244; Jan. 10, 1980), and FAA Order 5050.4, \u201cAirport Environmental Handbook\u201d (45 FR 56624; Aug. 25, 1980), and will remain available, at the sponsor's place of business for examination by the public for a minimum of 30 days, beginning with the date of the notice, before any hearing held under the notice.\n\n(c) A public hearing must be provided if requested. If a public hearing is to be held, the sponsor must publish a notice of that fact, in the same newspaper in which the notice of opportunity for a hearing was published.\n\n(d) The notice required by paragraph (c) of this section must\u2014\n\n(1) Be published not less than 15 days before the date set for the hearing;\n\n(2) Specify the date, time, and place of the hearings;\n\n(3) Contain a concise description of the proposed project; and\n\n(4) Indicate where and at what time more detailed information may be obtained.\n\n(e) If a public hearing is held, the sponsor must\u2014\n\n(1) Provide the Administrator a summary of the issues raised, the alternatives considered, the conclusion reached, and the reasons for that conclusion; and\n\n(2) If requested by the Administrator before the hearing, prepare a verbatim transcript of the hearing for submission to the Administrator.\n\n(f) If a hearing is not held the sponsor must submit with its preapplication a certification that notice of opportunity for a hearing has been provided in accordance with this section and that no request for a public hearing has been received."], ["14:14:3.0.1.3.24.3.3.1", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "C", "Subpart C\u2014Funding of Approved Projects", "", "\u00a7 152.201 Applicability.", "FAA", "", "", "", "This subpart contains the requirements for funding projects for airport development, airport master planning, and airport system planning."], ["14:14:3.0.1.3.24.3.3.2", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "C", "Subpart C\u2014Funding of Approved Projects", "", "\u00a7 152.203 Allowable project costs.", "FAA", "", "", "", "(a)  Airport development.  To be an allowable project cost, for the purposes of computing the amount of an airport development grant, an item that is paid or incurred must, in the opinion of the Administrator\u2014\n\n(1) Have been necessary to accomplish airport development in conformity with\u2014\n\n(i) The approved plans and specifications for an approved project; and\n\n(ii) The terms of the grant agreement for the project;\n\n(2) Be reasonable in amount (subject to partial disallowance to the extent the Administrator determines it is unreasonable);\n\n(3) Have been incurred after the date the grant agreement was executed, except that project formulation costs may be allowed even though they were incurred before that date;\n\n(4) Be supported by satisfactory evidence;\n\n(5) Have not been included in an airport planning grant; and\n\n(6) Be a cost determined in accordance with the cost principles for State and local governments in Federal Management Circular 74-4 (39 FR 27133; 43 FR 50977).\n\n(b)  Airport Planning.  To be an allowable project cost, for the purposes of computing the amount of an airport planning grant, an item that is paid or incurred must, in the opinion of the Administrator\u2014\n\n(1) Have been necessary to accomplish airport planning in comformity with an approved project and the terms of the grant agreement for the project;\n\n(2) Be reasonable in amount;\n\n(3) Have been incurred after the date the grant agreement was entered into, except for substantiated and reasonable costs incurred in designing the study effort;\n\n(4) Be supported by satisfactory evidence; and\n\n(5) Be figured in accordance with Federal Management Circular 74-4 (39 FR 27133; 43 FR 50977)."], ["14:14:3.0.1.3.24.3.3.3", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "C", "Subpart C\u2014Funding of Approved Projects", "", "\u00a7 152.205 United States share of project costs.", "FAA", "", "", "", "(a)  Airport development.  Except as provided in paragraphs (b) and (c) of this section, the following is the United States share of the allowable cost of an airport development project approved for the specified year:\n\n(1) 90 percent in the case of grants made from funds for fiscal years 1976, 1977, and 1978, and grants from funds for fiscal year 1980 made after February 17, 1980, for\u2014\n\n(i) Each air carrier airport, other than a commuter service airport, which enplanes less than one quarter of one percent of the total annual passengers enplaned as determined for purposes of making the latest annual apportionment under section 15(a)(3) of the AADA;\n\n(ii) Each commuter service airport; and\n\n(iii) Each general aviation or reliever airport.\n\n(2) 80 percent in the case of grants made from funds for fiscal year 1979 and grants from funds for fiscal year 1980 made before February 18, 1980, for the airports specified in paragraph (a)(1) of this section.\n\n(3) 75 percent in the case of grants made from funds for fiscal years 1976 through 1980 for airports other than those specified in paragraph (a)(1) of this section.\n\n(b) In a State in which the unappropriated and unreserved public lands and nontaxable Indian lands, both individual and tribal, are more than five percent of the total land in that State, the United States' share under paragraph (a) of this section\u2014\n\n(1) Except as provided in paragraph (b)(2) of this section, shall be increased by the smaller of\u2014\n\n(i) 25 percent; or\n\n(ii) A percentage (rounded to the nearest one-tenth of a percent) equal to one-half of the percentage which the area of those lands is of the total land area of the state; and\n\n(2) May not exceed the greater of\u2014\n\n(i) The percentage share determined under paragraph (a) of this section; or\n\n(ii) The percentage share applying on June 30, 1975, as determined under paragraph (b)(1) of this section.\n\n(c) In the case of terminal development, the United States share shall be 50 percent.\n\n(d)  Airport planning.  The United States share of the allowable project costs of an airport planning project shall be\u2014\n\n(1) In the case of an airport master plan, that percent for which a project for airport development at that airport would be eligible;\n\n(2) In the case of an airport system plan, 75 percent."], ["14:14:3.0.1.3.24.3.3.4", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "C", "Subpart C\u2014Funding of Approved Projects", "", "\u00a7 152.207 Proceeds from disposition of land.", "FAA", "", "", "", "Unless otherwise authorized by the Administrator, when a release has been granted authorizing the sponsor to dispose of land acquired with assistance under part 151 of this chapter or this part, or through conveyances under the Surplus Property Act, the proceeds realized from the disposal may not be used as matching funds for any airport development project or airport planning grant, but may be used for any other airport purpose."], ["14:14:3.0.1.3.24.3.3.5", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "C", "Subpart C\u2014Funding of Approved Projects", "", "\u00a7 152.209 Grant payments: General.", "FAA", "", "", "", "(a) An application for a grant payment is made on a form and in a manner prescribed by the Administrator, and must be accompanied by any supporting information, that the FAA needs to determine the allowability of any costs for which payment is requested.\n\n(b)  Methods of payment.  Grant payments to sponsors and planning agencies will be made by\u2014\n\n(1) Letter of credit;\n\n(2) Advance by Treasury check; or\n\n(3) Reimbursement by Treasury checks.\n\n(c)  Letter of credit funding.  Letter of credit funding may not be used unless\u2014\n\n(1) There is or will be a continuing relationship between a sponsor or planning agency and the FAA for at least a 12-month period and the total amount of advances to be received within that period is $120,000 or more;\n\n(2) The sponsor or planning agency has established or demonstrated to the FAA the willingness and ability to establish procedures that will minimize the time elapsing between the transfer of funds and their disbursement by the grantee; and\n\n(3) The sponsor's or planning agency's financial management system meets the standards for fund control and accountability prescribed in Attachment G of Office of Management and Budget Circular A-102 (42 FR 45828).\n\n(d)  Advance by Treasury check.  Advance of funds by Treasury check may be made subject to the following conditions\u2014\n\n(1) The sponsor or planning agency meets the requirements of paragraphs (c) (2) and (3) of this section;\n\n(2) The timing and amount of cash advances are as close as administratively feasible to actual disbursements by the sponsor or planning agency; and\n\n(3) Except as provided in paragraph (e) of this section, in the case of an airport development project, advance payments do not exceed the estimated project costs of the airport development expected to be accomplished within 30 days after the date of the sponsor's application for the advance payment.\n\n(e) No advance payment for airport development projects may be made in an amount that would bring the aggregate amount of all partial payments to more than the lower of the following:\n\n(i) 90 percent of the estimated United States' share of the total estimated cost of all airport development included in the project, but not including contingency items; or\n\n(ii) 90 percent of the maximum obligation of the United States as stated in the grant agreement.\n\n(f)  Reimbursement by Treasury check.  Reimbursement by Treasury check will be made if the sponsor or planning agency does not meet the requirements of paragraphs (c) (2) and (3) of this section.\n\n(g)  Withholding of payments.  Payment to the sponsor or planning agency may be withheld at any time during the grant period under the following circumstances:\n\n(1) The sponsor or planning agency has failed to comply with the program objectives, grant award conditions, or Federal reporting requirements.\n\n(2) The sponsor or planning agency is indebted to the United States and collection of the indebtedness will not impair accomplishment of the objectives of any grant program sponsored by the United States.\n\n(3) The sponsor or planning agency has withheld payment to a contractor to assure satisfactory completion of work. Payment will be made to the sponsor or planning agency when it has made final payment to the contractor, including the amounts withheld.\n\n(h)  Labor violations.  If a contractor or a subcontractor fails or refuses to comply with the labor provisions of a contract under a grant agreement for an airport development project, further grant payments to the sponsor are suspended until\u2014\n\n(1) The violations are corrected;\n\n(2) The Administrator determines the allowability of the project costs to which the violations relate; or\n\n(3) If the violations consist of underpayments to labor, the sponsor furnishes satisfactory assurances to the FAA that restitution has been or will be made to the affected employees.\n\n(i)  Excess payments.  Upon determination of the allowability of all project costs of a project, if it is found that the total of grant payments to the sponsor or planning agency was more than the total United States share of the allowable costs of the project, the sponsor or planning agency shall promptly return the excess to FAA."], ["14:14:3.0.1.3.24.3.3.6", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "C", "Subpart C\u2014Funding of Approved Projects", "", "\u00a7 152.211 Grant payments: Land acquisition.", "FAA", "", "", "", "If an approved project for airport development includes land acquisition as an item for which payment is requested, the sponsor may apply to the FAA for payment of the United States share of the allowable project costs of the acquisition, after\u2014\n\n(a) The Administrator determines that the sponsor has acquired satisfactory title to the land; or\n\n(b) In the case of a request for advance payment under \u00a7 152.209(d), the Administrator is assured that a satisfactory title will be acquired."], ["14:14:3.0.1.3.24.3.3.7", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "C", "Subpart C\u2014Funding of Approved Projects", "", "\u00a7 152.213 Grant closeout requirements.", "FAA", "", "", "", "(a)  Program income.  Sponsors or planning agencies that are units of local government shall return all interest earned on advances of grant-in-aid funds to the Federal Government in accordance with a decision of the Comptroller General (42 Comp. Gen. 289). All other program income (gross income) earned by grant-supported activities during the grant period shall be retained by the sponsor and, if required by the grant agreement\u2014\n\n(1) Be added to funds committed to the project by the FAA and the sponsor and used to further eligible program objectives; or\n\n(2) Be deducted from the total project cost for the purpose of determining the net costs on which the Federal share of costs will be based.\n\n(b)  Financial reports.  The sponsor or planning agency shall furnish, within 90 days after completion of all items in a grant, all reports, including financial performance reports, required as a condition of the grant.\n\n(c)  Project completion.  When the project for airport development or planning is completed in accordance with the grant agreement, the sponsor or planning agency may apply for payment for all incurred costs, as follows:\n\n(1)  Airport development.  When allowability of costs can be determined under \u00a7 152.203, payment may be made to the sponsor if\u2014\n\n(i) A final inspection of all work at the airport site has been made jointly by the appropriate FAA office and representatives of the sponsor and the contractor, unless that office agrees to a different procedure for final inspection; and\n\n(ii) The sponsor has furnished final \u201cas constructed\u201d plans, unless otherwise agreed to by the Administrator.\n\n(2)  Airport planning.  When the final planning report has been received and accepted by the FAA.\n\n(d)  Property accounting reports: Airport development projects.  The sponsor of an airport development project shall account for any property acquired with grant funds or received from the United States, in accordance with the provisions of Attachment N of Office of Management and Budget Circular A-102 (42 FR 45828).\n\n(e)  Final determination of U.S. share.  Based upon an audit or other information considered sufficient in lieu of an audit, the Administrator determines the total amount of the allowable project costs and makes settlement for any adjustments to the Federal share of costs."], ["14:14:3.0.1.3.24.4.3.1", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.301 Applicability.", "FAA", "", "", "", "This subpart contains accounting and reporting requirements applicable to\u2014\n\n(a) Each sponsor of a project for airport development;\n\n(b) Each sponsor of a project for airport master planning; and\n\n(c) Each planning agency conducting a project for airport system planning."], ["14:14:3.0.1.3.24.4.3.10", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.319 Monitoring and reporting of program performance.", "FAA", "", "", "", "(a) The sponsor or planning agency shall monitor performance under the project to ensure that\u2014\n\n(1) Time schedules are being met;\n\n(2) Work units projected by time periods are being accomplished; and,\n\n(3) Other performance goals are being achieved.\n\n(b) Reviews shall be made for\u2014\n\n(1) Each item of development or work element included in the project; and\n\n(2) All other work to be performed as a condition of the grant agreement.\n\n(c)  Airport development.  Unless otherwise requested by the Administrator, the sponsor of a project for airport development shall submit a performance report, on an annual basis, that must include\u2014\n\n(1) A comparison of actual accomplishments to the goals established for the period, made, if applicable, on a quantitative basis related to cost data for computation of unit costs;\n\n(2) The reasons for slippage in each case where an established goal was not met; and\n\n(3) Other pertinent information including, when appropriate, an analysis and explanation of each cost overrun and high unit cost.\n\n(d)  Airport planning.  The sponsor of a project for airport master planning or a planning agency conducting a project for airport system planning shall submit a performance report, on a quarterly basis, that must include:\n\n(1) A comparison of actual accomplishments to the goals established for the period, made, if applicable, on a quantitative basis related to costs for computation of work element costs;\n\n(2) Reasons for slippage in each case where an established goal was not met; and\n\n(3) Other pertinent information including, when appropriate, an analysis and explanation of each cost overrun and high work element cost."], ["14:14:3.0.1.3.24.4.3.11", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.321 Notice of delay or acceleration.", "FAA", "", "", "", "(a) The sponsor or planning agency shall promptly notify the FAA of each condition or event that may delay or accelerate accomplishment of the project.\n\n(b) In the event that delay is anticipated, the notice required by paragraph (a) of this section must include\u2014\n\n(1) A statement of actions taken or contemplated; and\n\n(2) Any Federal assistance needed."], ["14:14:3.0.1.3.24.4.3.12", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.323 Budget revision: Airport development.", "FAA", "", "", "", "(a) If any performance review conducted by the sponsor discloses a need for change in the budget estimates, the sponsor shall submit a request for budget revision on a form prescribed by the Administrator.\n\n(b) A request for prior approval for budget revision shall be made promptly by the sponsor whenever\u2014\n\n(1) The revision results from changes in the scope or objective of the project; or\n\n(2) The revision increases the budgeted amounts of Federal funds needed to complete the project.\n\n(c) The sponsor shall promptly notify the FAA whenever the amount of the grant is expected to exceed the needs of the sponsor by more than $5,000, or 5 percent of the grant amount, whichever is greater."], ["14:14:3.0.1.3.24.4.3.13", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.325 Financial status report: Airport planning.", "FAA", "", "", "", "Each sponsor of a project for airport master planning and each planning agency conducting a project for airport system planning shall submit a financial status report on a form prescribed by the Administrator at the completion of the project."], ["14:14:3.0.1.3.24.4.3.2", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.303 Financial management system.", "FAA", "", "", "", "Each sponsor or planning agency shall establish and maintain a financial management system that meets the standards of Attachment G of Office of Management and Budget Circular A-102 (42 FR 45828)."], ["14:14:3.0.1.3.24.4.3.3", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.305 Accounting records.", "FAA", "", "", "", "(a)  Airport development.  Each sponsor of a project for airport development shall establish and maintain, for each individual project, an accounting record satisfactory to the Administrator which segregates cost information into the cost classifications set forth in Standard Form 271 (42 FR 45841).\n\n(b)  Airport planning.  Each sponsor of a project for airport master planning and each planning agency conducting a project for airport system planning shall establish and maintain, for each planning project, an adequate accounting record that segregates and groups direct and indirect cost information in the following classifications:\n\n(1) Third party contract costs.\n\n(2) Force account costs.\n\n(3) Administrative costs."], ["14:14:3.0.1.3.24.4.3.4", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.307 Retention of records.", "FAA", "", "", "", "Each sponsor or planning agency shall retain, for a period of 3 years after the date of submission of the final expenditure report\u2014\n\n(a) Documentary evidence, such as invoices, cost estimates, and payrolls, supporting each item of project costs; and\n\n(b) Evidence of all payments for items of project costs, including vouchers, cancelled checks or warrants, and receipts for cash payments."], ["14:14:3.0.1.3.24.4.3.5", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.309 Availability of sponsor's records.", "FAA", "", "", "", "(a) The sponsor or planning agency shall allow any authorized representative of the Administrator, the Secretary of Transportation, or the Comptroller General of the United States access to any of its books, documents, papers, and records that are pertinent to grants received under this part for the purposes of accounting and audit.\n\n(b) The sponsor or planning agency shall allow appropriate FAA or DOT representatives to make progress audits at any time during the project, upon reasonable notice to the sponsor or planning agency.\n\n(c) It audit findings have not been resolved, the applicable records shall be retained by the sponsor or planning agency until those findings have been resolved.\n\n(d) Records for nonexpendable property that was acquired with Federal funds shall be retained for three years after final disposition of the property.\n\n(e) Microfilm copies of original records may be substituted for original records with the approval of the FAA.\n\n(f) If the FAA determines that certain records have long-term retention value, the FAA may require transfer of custody of those records to the FAA."], ["14:14:3.0.1.3.24.4.3.6", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.311 Availability of contractor's records.", "FAA", "", "", "", "The sponsor or planning agency shall include in each contract of the cost reimbursable type a clause that allows any authorized representative of the Administrator, the Secretary of Transportation, or the Comptroller General of the United States access to the contractor's records pertinent to the contract for the purposes of accounting and audit."], ["14:14:3.0.1.3.24.4.3.7", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.313 Property management standards.", "FAA", "", "", "", "(a) The sponsor shall establish and maintain property management standards in accordance with Attachment N of Office of Management and Budget Circular A-102 (42 FR 45828) for the utilization and disposition of property furnished by the Federal Government, or acquired in whole or in part by the sponsor with Federal funds.\n\n(b) A sponsor may use its own property management standards and procedures as long as the standards required by paragraph (a) of this section are included."], ["14:14:3.0.1.3.24.4.3.8", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.315 Reporting on accrual basis.", "FAA", "", "", "", "(a) Except as provided in paragraph (b) of this section each sponsor or planning agency shall submit all financial reports on an accrual basis.\n\n(b) If records are not maintained on an accrual basis by a sponsor or planning agency, reports may be based on an analysis of records or best estimates."], ["14:14:3.0.1.3.24.4.3.9", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "D", "Subpart D\u2014Accounting and Reporting Requirements", "", "\u00a7 152.317 Report of Federal cash transactions.", "FAA", "", "", "", "When funds are advanced to a sponsor or planning agency by Treasury check, the sponsor or planning agency shall submit the report form prescribed by the Administrator within 15 working days following the end of the quarter in which check was received."], ["14:14:3.0.1.3.24.5.3.1", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.401 Applicability.", "FAA", "", "", "", "(a) This subpart is applicable to all grantees and other covered organizations under this part, and implements the requirements of section 30 of the Airport and Airway Development Act of 1970, which provides:\n\nThe Secretary shall take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title. The Secretary shall promulgate such rules as he deems necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under Title VI of the Civil Rights Act of 1964. The provisions of this section shall be considered to be in addition to and not in lieu of the provisions of Title VI of the Civil Rights Act of 1964.\n\nThe Secretary shall take affirmative action to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title. The Secretary shall promulgate such rules as he deems necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under Title VI of the Civil Rights Act of 1964. The provisions of this section shall be considered to be in addition to and not in lieu of the provisions of Title VI of the Civil Rights Act of 1964.\n\n(b) Each grantee, covered organization, or covered suborganization under this part shall negotiate reformation of any contract, subcontract, lease, sublease, or other agreement to include any appropriate provision necessary to effect compliance with this subpart by July 17, 1980."], ["14:14:3.0.1.3.24.5.3.10", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.419 Minority business.", "FAA", "", "", "", "Each person subject to this subpart is required to comply with the Minority Business Enterprise Regulations of the Department."], ["14:14:3.0.1.3.24.5.3.11", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.421 Public accommodations, services, and benefits.", "FAA", "", "", "", "Requirements relating to the provision of public accommodations, services, and other benefits to beneficiaries under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d  et seq. ) and part 21 of the regulations of the Office of the Secretary of Transportation (49 CFR part 21) implementing Title VI are made applicable, where appropriate, to nondiscrimination and affirmative action on the basis of sex or creed, and shall be complied with by each applicant for assistance and each grantee."], ["14:14:3.0.1.3.24.5.3.12", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.423 Investigation and enforcement.", "FAA", "", "", "", "(a)  Complaints.  Any person who believes that he or she has been subjected to discrimination prohibited by this subpart may personally, or through a representative, file a complaint with the Director of the Departmental Office of Civil Rights. A complaint must be in writing and filed not later than 180 days after the date of the alleged discrimination, unless the time for filing is extended by the Director.\n\n(b)  Investigations and informal resolutions.  The Departmental Office of Civil Rights will make a prompt investigation whenever a complaint, compliance review, report, or any other information indicates a possible failure to comply with this subpart. The procedures in 49 CFR part 21, augmented as appropriate by the investigative procedures of part 13 of this chapter, will be followed, except that\u2014\n\n(1) Compliance with a regulation of the Department applicable to minority business enterprise will be investigated and enforced through the procedures contained in that regulation; and\n\n(2) Except as provided in paragraph (c) of this section, allegations of noncompliance with regulations governing equal employment opportunity of another Federal agency or a State or local agency, will be referred, for investigation and enforcement, to the Federal agency or, in the discretion of the Departmental Office of Civil Rights, to the State or local agency.\n\n(c) When the FAA (under section 30 of the AADA) and another Federal agency, a referral agency recognized by the Equal Employment Opportunity Commission, or a court have concurrent jurisdiction over a matter\u2014\n\n(1) If the other agency or court makes a finding on the record that noncompliance or discrimination has occurred, the FAA will accept the finding, and determine what sanctions or remedies are appropriate under section 30 as a result of the finding, after permitting the party against whom the finding was made to be heard on the determination of the sanctions or remedies; or\n\n(2) If it appears that delay, through referral to another agency, will result in the continued expenditure of Federal funds under this part without compliance with this subpart, the Secretary may\u2014\n\n(i) Investigate the matter;\n\n(ii) Make a determination as to compliance with section 30; and\n\n(iii) Impose appropriate sanctions and remedies.\n\n(d) Nothing in this section shall preclude the Director of the Departmental Office of Civil Rights from initiating an investigation when it appears that the investigation of the complaint may reveal a pattern or practice of discrimination or noncompliance with the requirements of this subpart in the employment practices of a grantee or other covered organization."], ["14:14:3.0.1.3.24.5.3.13", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.425 Effect of subpart.", "FAA", "", "", "", "Nothing contained in this subpart diminishes or supersedes the obligations imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Executive Order 11246 (42 U.S.C. 2000e (note)), or any other Federal law or Executive Order relating to civil rights."], ["14:14:3.0.1.3.24.5.3.2", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.403 Definitions.", "FAA", "", "", "", "As used in this subpart\u2014\n\nAADA  means the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701  et seq. ).\n\nAffirmative action plan  means a set of specific and result-oriented procedures to which a sponsor, planning agency, state, or the aviation related activity on an airport commits itself to achieve equal employment opportunity.\n\nAirport development  means\u2014(1) Any work involved in constructing, improving, or repairing a public airport or portion thereof, including the removal, lowering, relocation, and marking and lighting of airport hazards, and including navigation aids used by aircraft landing at, or taking off from, a public airport, and including safety equipment required by rule or regulation for certification of the airport under section 612 of the Federal Aviation Act of 1958, and security equipment required of the sponsor by the Secretary by rule or regulation for the safety and security of persons and property on the airport, and including snow removal equipment, and including the purchase of noise suppressing equipment, the construction of physical barriers, and landscaping for the purpose of diminishing the effect of aircraft noise on any area adjacent to a public airport;\n\n(2) Any acquisition of land or of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any such work or to remove or mitigate or prevent or limit the establishment of, airport hazards; and\n\n(3) Any acquisition of land or of any interest therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of a public airport.\n\nAviation related activity  means a commercial enterprise\u2014(1) Which is operated on the airport pursuant to an agreement with the grantee or airport operator or to a derivative subagreement;\n\n(2) Which employs persons on the airport; and\n\n(3) Which\u2014(i) Is related primarily to the aeronautical activities on the airport;\n\n(ii) Provides goods or services to the public which is attracted to the airport by aeronautical activities;\n\n(iii) Provides services or supplies to other aeronautical related or public service airport businesses or to the airport; or\n\n(iv) Performs construction work on the airport.\n\nAviation workforce  includes, with respect to grantees, each person employed by the grantee on an airport or, for an aviation purpose, off the airport.\n\nCovered organization  means a grantee, a subgrantee, or an aviation related activity.\n\nCovered suborganization  is a subgrantee or sub-aviation related activity, of a covered organization.\n\nDepartment  means the United States Department of Transportation;\n\nGrant  means Federal financial assistance in the form of funds provided to a sponsor, planning agency, or state under this part;\n\nGrantee  means the recipient of a grant.\n\nMinority  means a person who is\u2014(1) Black and not of Hispanic origin: A person having origins in any of the black racial groups of Africa;\n\n(2) Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;\n\n(3) Asian or Pacific Islander: A person having origins in any or the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including, but not limited to China, Japan, Korea, the Philippine Islands, and Samoa; or\n\n(4) American Indian or Alaskan Native: A person having origins in any of the original peoples of North America who maintains cultural identification through tribal affiliation or community recognition.\n\nPlanning agency  means any planning agency designated by the Secretary which is authorized by the laws of the State or States (including the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam) or political subdivisions concerned to engage in areawide planning for the area in which assistance under this part is to be used;\n\nSecretary  means the Secretary of Transportation or an authorized representative of the Secretary within the Department of Transportation;\n\nSMSA  means Standard Metropolitan Statistical Area.\n\nSponsor  means any public agency that, either individually or jointly with one or more other public agencies, submits to the Administrator, in accordance with this part, an application for financial assistance, or that conducts a project for airport development or airport master planning, funded under this part;\n\nUnderutilization  means having fewer minorities or women in a particular job group than would reasonable be expected from their availability in\u2014\n\n(1) The SMSA; or\n\n(2) In the absence of a defined SMSA, in the counties contiguous to the employer's location, or the location where the work is to be performed, and in the areas from which persons may reasonably be expected to commute."], ["14:14:3.0.1.3.24.5.3.3", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.405 Assurances.", "FAA", "", "", "", "The following assurances shall be included in each application for financial assistance under this part:\n\n(a)  Assurance.  The grantee assures that it will undertake an affirmative action program, as required by 14 CFR part 152, subpart E, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR part 152, subpart E. The grantee assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The grantee assures that it will require that its covered organizations provide assurances to the grantee that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 CFR part 152, subpart E, to the same effect.\n\n(b)  Assurance.  The grantee agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR part 152, subpart E, as part of the affirmative action program, and by any Federal, State, or local agency or court, including those resulting from a conciliation agreement, a consent decree, court order, or similar mechanism. The grantee agrees that State or local affirmative action plans will be used in lieu of any affirmative action plan or steps required by 14 CFR part 152, subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. The grantee agrees to obtain a similar assurance from its covered organizations, and to cause them to require a similar assurance of their covered suborganizations, as required by 14 CFR part 152, subpart E."], ["14:14:3.0.1.3.24.5.3.4", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.407 Affirmative action plan: General.", "FAA", "", "", "", "(a) Except as provided in paragraph (b) of this section, each of the following shall have an affirmative action plan that meets the requirements of \u00a7 152.409 and is kept on file for review by the FAA Office of Civil Rights:\n\n(1) Each sponsor who employs 50 or more employees in its aviation workforce.\n\n(2) Each planning Agency which employs 50 or more employees in its agency for aviation purposes.\n\n(3) Each state political division, administering a grant under the AADA to develop standards for airport development at general aviation airports, which employs 50 or more employees in its aviation workforce.\n\n(b) A grantee is in compliance with paragraph (a) of this section, if it is subject to, and keeps on file for review by the FAA Office of Civil Rights, one of the following:\n\n(1) An affirmative action plan acceptable to another Federal agency.\n\n(2) An affirmative action plan for a State or local agency that the covered organization certifies meets the standards in \u00a7 152.409.\n\n(3) A conciliation agreement, consent decree, or court order which provides short and long-range goals for equal employment opportunity similar to those which would be established in an affirmative action plan meeting the standards in \u00a7 152.409.\n\n(c) Each sponsor shall require each aviation related activity (other than construction contractors) which employs 50 or more employees on the airport to prepare, and keep on file for review by the FAA Office of Civil Rights, an affirmative action plan developed in accordance with the standards in \u00a7 152.409, unless the activity is subject to one of the mechanisms described in paragraphs (b) (1) through (3) of this section.\n\n(d) Each sponsor shall require each aviation related activity described in paragraph (c) of this section to similarly require each of its covered suborganizations (other than construction contractors) which employs 50 or more employees on the airport to prepare, and to keep on file for review by the FAA Office of Civil Rights, an affirmative action plan developed in accordance with the standards in \u00a7 152.409, unless the suborganization is subject to one of the mechanisms described in paragraphs (b) (1) through (3) of this section."], ["14:14:3.0.1.3.24.5.3.5", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.409 Affirmative action plan standards.", "FAA", "", "", "", "(a) Each affirmative action plan required by this subpart shall be developed in accordance with the following:\n\n(1) An analysis of the employer's aviation workforce which groups employees into the following job categories:\n\n(i) Officials and managers.\n\n(ii) Professionals.\n\n(iii) Technicians.\n\n(iv) Sales workers.\n\n(v) Office and clerical workers.\n\n(vi) Craft workers (skilled).\n\n(vii) Operatives (semi-skilled).\n\n(viii) Laborers (unskilled).\n\n(ix) Service workers.\n\n(2) A comparison separately made of the percent of minorities and women in the employer's present aviation workforce (in each of the job categories listed in paragraph (a)(1) of this section) with the percent of minorities and women in each of those categories in the total workforce located in the SMSA, or, in the absence of an SMSA, in the counties contiguous to the employer's location or the location where the work is to be performed and in the areas from which persons may reasonably be expected to commute. This data on the total workforce of the applicable area will be supplied to grantees by the FAA. Grantees shall make this data available to the other organizations covered by this subpart. The comparison for minorities must be made only when minorities constitute at least 2 percent of the total workforce in the geographical area used for the comparison.\n\n(3) A comparison, for the aviation workforce, of the total number of applicants and persons hired with the total number of minority and female applicants, and minorities and females hired, for the past year. Where this data is unavailable, the employer shall establish and maintain a system to provide the data, and shall make the comparison 120 days after establishing the data system.\n\n(4) Where the percentage of minorities and women in the employer's aviation workforce, in each job category, is less than the minority and female percentage in any job category in the workforce of the geographical area used, an analysis, based on the comparison required by paragraph (a)(3) of this section, determining whether any of the following exists:\n\n(i) Insufficient flow of minority and female applicants.\n\n(ii) Disparate rejection of minority and female applicants. The FAA generally considers disparate rejection to exist whenever a selection rate for any race, sex, or ethnic group is less than 80 percent of the rate for the race, sex, or ethnic group with the highest selection rate.\n\n(b) Each affirmative action plan required by this part shall be implemented through an action-oriented program with goals and timetables designed to eliminate obstacles to equal opportunity for women and minorities in recruitment and hiring, which shall include, but not be limited to:\n\n(1) Where disparate rejection of minority and female applicants is indicated by the analysis required by paragraph (a)(4) of this section, validation of those portions of the testing or selection procedures which cause the disparity in accordance with the \u201cUniform Guidelines on Employee Selection\u201d (43 FR 38290; August 25, 1978), within 120 days of the analysis.\n\n(2) Where testing or selection procedures cannot be validated, discontinuation of their use.\n\n(3) Where an insufficient flow of minority and female applicants (less than the percentage available) is indicated by the analysis required by paragraph (a)(4) of this section, good faith efforts to increase the flow of minority and female applicants through the following steps, as appropriate:\n\n(i) Development or reaffirmation of an equal opportunity policy and dissemination of that policy internally and externally.\n\n(ii) Contact with minority and women's organizations, schools with predominant minority or female enrollments, and other recruitment sources for minorities and women.\n\n(iii) Encouragement of State and local employment agencies, unions, and other recruiting sources to ensure that minorities and women have ample information on, and opportunity to apply for, vacancies and to participate in examinations.\n\n(iv) Participation in special employment programs such as Co-operative Education Programs with predominantly minority and women's colleges, \u201cAfter School\u201d or Work Study programs, and Summer Employment.\n\n(v) Participation in \u201cJob Fairs.\u201d\n\n(vi) Participation of minority and female employees in Career Days, Youth Motivation Programs, and counseling and related activities in the community.\n\n(vii) Encouragement of minority and female employees to refer applicants.\n\n(viii) Motivation, training, and employment programs for minority and female hard-core unemployed."], ["14:14:3.0.1.3.24.5.3.6", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.411 Affirmative action steps.", "FAA", "", "", "", "(a) Each grantee which is not described in \u00a7 152.407(a) and is not subject to an affirmative action plan, regulatory goals and timetables, or other mechanism providing for short and long-range goals for equal employment opportunity, shall make good faith efforts to recruit and hire minorities and women for its aviation workforce as vacancies occur, by taking the affirmative action steps in \u00a7 152.409(b)(3), as follows:\n\n(1) If it has 15 or more employees in its aviation workforce or employed for aviation purposes, by taking the affirmative action steps in \u00a7 152.409(b)(3), as appropriate; or\n\n(2) If it has less than 15 employees in its aviation workforce or employed for aviation purposes, by taking the affirmative action steps in \u00a7 152.409(b)(3) (i) and (ii), as appropriate.\n\n(b) Except as provided in paragraph (c) of this section, each sponsor shall require each of its aviation related activities on its airport, that is not subject to an affirmative action plan, regulatory goals and timetables, or other mechanism which provides short and long-range goals for equal employment opportunity, to take affirmative action steps and cause them to similarly require affirmative action steps of their covered suborganizations, as follows:\n\n(1) Each aviation related activity or covered suborganization with less than 50 but more than 14 employees, must take the affirmative action steps enumerated in \u00a7 152.409(b)(3), as appropriate.\n\n(2) Each aviation related activity or covered suborganization with less than 15 employees, must take the affirmative action steps enumerated in \u00a7 152.409(b)(3) (i) and (ii), as appropriate.\n\n(c) Each sponsor shall require each construction contractor, that has a contract of $10,000 or more on its airport and that is not subject to an affirmative action plan, regulatory goals or timetables, or other mechanism which provides short and long-range goals for equal employment opportunity, to take the following affirmative action steps:\n\n(1) The contractor must establish and maintain a current list of minority and female recruitment sources; provide written notification to these recruitment sources and to community organizations when employment opportunities are available; and maintain a record of each organization's response.\n\n(2) The contractor must maintain a current file of the names, addresses, and telephone numbers of each minority and female walk-in applicant and each referral from a union, a recruitment source, or community organization and the action taken with respect to each individual. Where an individual is sent to the union hiring hall for referral, but not referred back to the contractor, or, if referred, not employed by the contractor, this shall be documented. The documentation shall include an explanation of, and information on, any additional actions that the contractor may have taken.\n\n(3) The contractor must disseminate its equal employment opportunity policy internally\u2014\n\n(i) By providing notice of the policy to unions and training programs;\n\n(ii) By including it in policy manuals and collective bargaining agreements;\n\n(iii) By publicizing it in the company newspaper, report, or other publication; and\n\n(iv) By specific review of the policy with all management personnel and with all employees at least once a year.\n\n(4) The contractor must disseminate the contractors's equal employment opportunity policy externally\u2014\n\n(i) By stating it in each employment advertisement in the news media, including news media with high minority and female readership; and\n\n(ii) By providing written notification to, or participating in discussions with, other contractors and subcontractors with whom the contractor does business.\n\n(5) The contractor must direct its recruitment efforts to minority and female organizations, to schools with minority and female students, and to organizations which recruit and train minorities and women, in the contractor's recruitment area.\n\n(6) The contractor must encourage present minority and female employees to recruit other minorities and women.\n\n(7) The contractor must, where possible, provide after school, summer, and vacation employment to minority and female youth.\n\n(d) Each sponsor shall require each of its prime construction contractors on its airport, with a contract of $10,000 or more, to require each of the contractor's subcontractors on the airport to comply with the affirmative action steps in paragraph (c) of this section, with which it does not already comply, unless the subcontractor is subject to an affirmative action plan, regulatory goals or timetables, or other mechanism which provides short and long-range goals for equal employment opportunity, or the subcontract is less than $10,000."], ["14:14:3.0.1.3.24.5.3.7", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.413 Notice requirement.", "FAA", "", "", "", "Each grantee shall give adequate notice to employees and applicants for employment, through posters provided by the Secretary, that the FAA is committed to the requirements of section 30 of the AADA, to ensure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds authorized under this part."], ["14:14:3.0.1.3.24.5.3.8", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.415 Records and reports.", "FAA", "", "", "", "(a) Each grantee shall keep on file for a period of three years or for the period during which the Federal financial assistance is made available, whichever is longer, reports (other than those transmitted to the FAA), records, and affirmative action plans, if applicable, that will enable the FAA Office of Civil Rights to ascertain if there has been and is compliance with this subpart.\n\n(b) Each sponsor shall require its covered organizations to keep on file, for the period set forth in paragraph (a) of this section, reports (other than those submitted to the FAA), records, and affirmative action plans, if applicable, that will enable the FAA Office of Civil Rights to ascertain if there has been and is compliance with this subpart, and shall cause them to require their covered suborganizations to keep similar records as applicable.\n\n(c) Each grantee, employing 15 or more person, shall annually submit to the FAA a compliance report on a form provided by the FAA and a statistical report on a Form EEO-1 of the Equal Employment Opportunity Commission (EEOC) or any superseding EEOC form. If a grantee already is submitting a Form EEO-1 to another agency, the grantee may submit a copy of that form to the FAA as its statistical report. The information provided shall include goals and timetables, if established in compliance with the requirements of \u00a7 152.409 or with the requirements of another Federal agency or a State or local agency.\n\n(d) Each sponsor shall\u2014\n\n(1) Require each of its aviation-related activities (except construction contractors), employing 15 or more persons, to annually submit to the sponsor the reports required by paragraph (c) of this section, on the same basis as stated in paragraph (c) of this section, and shall cause each aviation-related activity to require its covered suborganizations, with 15 or more employees, to annually submit the reports required by paragraph (c) of this section through the prime organization to the sponsor, for transmittal by the sponsor to the FAA.\n\n(2) Annually collect from its aviation related activities employing less than 15 employees, and transmit to the FAA an aggregate employment report, that includes the employment of sponsors with less than 15 employees, on an EEO-1 or any superseding EEOC form.\n\n(e) Each sponsor shall require each of its construction contractors on its airport, with a contract of $10,000 or more, which is not subject to E.O. 11246 and the regulations of the Department of Labor (DOL), to submit to the sponsor, at the conclusion of the project, a compliance report on a form provided by the FAA and a statistical report on a DOL Form 257 or any superseding DOL form. For projects exceeding six months, the sponsor shall require a midway compliance report. The sponsor shall submit these reports to the FAA.\n\n(f) Each sponsor shall cause each of its construction contractors on its airport to require each of the contractor's subcontractors, with a subcontract of $10,000 or more, which are not subject to E.O. 11246 and the regulations of the DOL, to submit the reports required by paragraph (e) of this section to the prime contractor for submission to the sponsor. The sponsor shall transmit these reports to the FAA.\n\n(g) Each organization required to prepare an affirmative action plan for the FAA under this subpart shall update it annually and as changed circumstances require. Each organization that has prepared a plan in compliance with the requirements of another Federal agency or a State or local agency, shall update it in accordance with the requirements of that agency."], ["14:14:3.0.1.3.24.5.3.9", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "E", "Subpart E\u2014Nondiscrimination in Airport Aid Program", "", "\u00a7 152.417 Monitoring employment.", "FAA", "", "", "", "(a) Each grantee shall allow the FAA Office of Civil Rights to monitor its equal employment opportunity compliance with this subpart through on-site reviews and desk audits. Reviews or audits will include the records submitted under \u00a7 152.415.\n\n(b) As it deems necessary, the FAA Office of Civil Rights will conduct on-site or desk audits of covered aviation related activities on airports."], ["14:14:3.0.1.3.24.6.3.1", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "F", "Subpart F\u2014Suspension and Termination of Grants", "", "\u00a7 152.501 Applicability.", "FAA", "", "", "", "This subpart contains procedures for suspending or terminating grants for airport development projects and airport planning."], ["14:14:3.0.1.3.24.6.3.2", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "F", "Subpart F\u2014Suspension and Termination of Grants", "", "\u00a7 152.503 Suspension of grant.", "FAA", "", "", "", "(a) If the sponsor or planning agency fails to comply with the conditions of the grant, the FAA may, by written notice to the sponsor or planning agency, suspend the grant and withhold further payments pending\u2014\n\n(1) Corrective action by the sponsor or planning agency; or\n\n(2) A decision to terminate the grant.\n\n(b) Except as provided in paragraph (c), after receipt of notice of suspension, the sponsor or planning agency may not incur additional obligations of grant funds during the suspension.\n\n(c) All necessary and proper costs that the sponsor or planning agency could not reasonably avoid during the period of suspension will be allowed, if those costs are in accordance with appendix C of this part."], ["14:14:3.0.1.3.24.6.3.3", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "F", "Subpart F\u2014Suspension and Termination of Grants", "", "\u00a7 152.505 Termination for cause.", "FAA", "", "", "", "(a) If the sponsor or planning agency fails to comply with the conditions of the grant, the FAA may, by written notice to the sponsor or planning agency, terminate the grant in whole, or in part.\n\n(b) The notice of termination will contain\u2014\n\n(1) The reasons for the termination, and\n\n(2) The effective date of termination.\n\n(c) After receipt of the notice of termination, the sponsor or planning agency may not incur additional obligations of grant funds.\n\n(d) Payments to be made to the sponsor or planning agency, or recoveries of payments by the FAA, under the grant shall be in accordance with the legal rights and liabilities of the parties."], ["14:14:3.0.1.3.24.6.3.4", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "F", "Subpart F\u2014Suspension and Termination of Grants", "", "\u00a7 152.507 Termination for convenience.", "FAA", "", "", "", "(a) When the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds, the grant may be terminated in whole, or in part, upon mutual agreement of the FAA and the sponsor or planning agency.\n\n(b) If an agreement to terminate is made, the sponsor or planning agency\u2014\n\n(1) May not incur new obligations for the terminated portion after the effective date; and\n\n(2) Shall cancel as many obligations, relating to the terminated portion, as possible.\n\n(c) The sponsor or planning agency is allowed full credit for the Federal share of the noncancellable obligations that were properly incurred by the sponsor before the termination."], ["14:14:3.0.1.3.24.6.3.5", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "F", "Subpart F\u2014Suspension and Termination of Grants", "", "\u00a7 152.509 Request for reconsideration.", "FAA", "", "", "", "If a grant is suspended or terminated under this subpart, the sponsor or planning agency may request the Administrator to reconsider the suspension or termination."], ["14:14:3.0.1.3.24.7.3.1", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "G", "Subpart G\u2014Energy Conservation in Airport Aid Program", "", "\u00a7 152.601 Purpose.", "FAA", "", "", "", "This subpart implements section 403 of the Powerplant and Industrial Fuel Use Act of 1978 (92 Stat. 3318; Pub. L. 95-620) in order to encourage conservation of petroleum and natural gas by recipients of Federal financial assistance."], ["14:14:3.0.1.3.24.7.3.2", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "G", "Subpart G\u2014Energy Conservation in Airport Aid Program", "", "\u00a7 152.603 Applicability.", "FAA", "", "", "", "This subpart applies to each recipient of Federal financial assistance from the Federal Aviation Administration through the Airport Development Aid Program (ADAP) unless otherwise excluded by definition."], ["14:14:3.0.1.3.24.7.3.3", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "G", "Subpart G\u2014Energy Conservation in Airport Aid Program", "", "\u00a7 152.605 Definitions.", "FAA", "", "", "", "As used in this subpart\u2014\n\nBuilding construction  means construction of any building which receives Federal assistance under the program, which will exceed $200,000 in construction cost.\n\nEnergy assessment  means an analysis of total energy requirements of a building, which, within the scope of the proposed construction activity, and at a level of detail appropriate to that scope, considers the following:\n\n(a) Overall design of the facility or modification, and alternative designs;\n\n(b) Materials and techniques used in construction or rehabilitation;\n\n(c) Special or innovative conservation features that may be used;\n\n(d) Fuel requirements for heating, cooling, and operations essential to the function of the structure, projected over the life of the facility and including projected costs of this fuel; and\n\n(e) Kind of energy to be used, including\u2014\n\n(1) Consideration of opportunities for using fuels other than petroleum and natural gas, and\n\n(2) Consideration of using alternative, renewable energy sources.\n\nMajor building modification  means modification of any building which receives Federal assistance under the program, which will exceed $200,000 in construction cost."], ["14:14:3.0.1.3.24.7.3.4", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "G", "Subpart G\u2014Energy Conservation in Airport Aid Program", "", "\u00a7 152.607 Building design requirements.", "FAA", "", "", "", "Each sponsor shall perform an energy assessment for each federally-assisted building construction or major building modification project proposed at the airport. The building design, construction, and operation shall incorporate, to the extent consistent with good engineering practice, the most cost-effective energy conservation features identified in the energy assessment."], ["14:14:3.0.1.3.24.7.3.5", 14, "Aeronautics and Space", "I", "I", "152", "PART 152\u2014AIRPORT AID PROGRAM", "G", "Subpart G\u2014Energy Conservation in Airport Aid Program", "", "\u00a7 152.609 Energy conservation practices.", "FAA", "", "", "", "Each sponsor shall require fuel and energy conservation practices in the operation and maintenance of the airport and shall encourage airport tenants to use these practices."], ["40:40:26.0.1.1.3.1.1.1", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 152.1 Scope.", "EPA", "", "", "[73 FR 75594, Dec. 12, 2008]", "(a) Part 152 sets forth procedures, requirements and criteria concerning the registration of pesticide products under FIFRA section 3, including plant-incorporated protectants (PIPs). Unless specifically superseded by part 174, the regulations in part 152 apply to PIPs.\n\n(b) Part 152 also describes associated regulatory activities affecting registration, as described in this paragraph.\n\n(1)  Data compensation and exclusive use of data in support of registration.  Refer to subpart E of this part.\n\n(2)  Rights and obligations of registrants.  Refer to subpart G of this part.\n\n(3)  Classification of pesticide uses.  Refer to subpart I of this part.\n\n(4)  Fees.  Refer to subpart U of this part.\n\n(5)  Requirements pertaining to pesticide devices.  Refer to subpart Z of this part."], ["40:40:26.0.1.1.3.1.1.2", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 152.3 Definitions.", "EPA", "", "", "[53 FR 15975, May 4, 1988, as amended at 66 FR 37814, July 19, 2001; 73 FR 64224, Oct. 29, 2008; 73 FR 75594, Dec. 12, 2008]", "Terms used in this part have the same meaning as in the Act. In addition, the following terms have the meanings set forth in this section.\n\nAct  or  FIFRA  means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136-136y).\n\nActive ingredient  means any substance (or group of structurally similar substances if specified by the Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant regulator, desiccant, or defoliant within the meaning of FIFRA sec. 2(a), except as provided in \u00a7 174.3 of this chapter.\n\nAcute dermal LD 50  means a statistically derived estimate of the single dermal dose of a substance that would cause 50 percent mortality to the test population under specified conditions.\n\nAcute inhalation LC 50  means a statistically derived estimate of the concentration of a substance that would cause 50 percent mortality to the test population under specified conditions.\n\nAcute oral LD 50  means a statistically derived estimate of the single oral dose of a substance that would cause 50 percent mortality to the test population under specified conditions.\n\nAdministrator  means the Administrator of the United States Environmental Protection Agency or his delegate.\n\nAgency  means the United States Environmental Protection Agency (EPA), unless otherwise specified.\n\nApplicant  means a person who applies for a registration or amended registration under FIFRA sec. 3.\n\nBiological control agent  means any living organism applied to or introduced into the environment that is intended to function as a pesticide against another organism declared to be a pest by the Administrator.\n\nDistribute or sell  and other grammatical variations of the term such as \u201cdistributed or sold\u201d and \u201cdistribution or sale,\u201d means the acts of distributing, selling, offering for sale, holding for sale, shipping, holding for shipment, delivering for shipment, or receiving and (having so received) delivering or offering to deliver, or releasing for shipment to any person in any State.\n\nEnd use product  means a pesticide product whose labeling\n\n(1) Includes directions for use of the product (as distributed or sold, or after combination by the user with other substances) for controlling pests or defoliating, desiccating, or regulating the growth of plants, and\n\n(2) Does not state that the product may be used to manufacture or formulate other pesticide products.\n\nFinal printed labeling  means the label or labeling of the product when distributed or sold. Final printed labeling does not include the package of the product, unless the labeling is an integral part of the package.\n\nInert ingredient  means any substance (or group of structurally similar substances if designated by the Agency), other than an active ingredient, which is intentionally included in a pesticide product, except as provided by \u00a7 174.3 of this chapter.\n\nInstitutional use  means any application of a pesticide in or around any property or facility that functions to provide a service to the general public or to public or private organizations, including but not limited to:\n\n(1) Hospitals and nursing homes.\n\n(2) Schools other than preschools and day care facilities.\n\n(3) Museums and libraries.\n\n(4) Sports facilities.\n\n(5) Office buildings.\n\nLiving plant  means a plant, plant organ, or plant part that is alive, viable, or dormant. Examples of plant parts include, but are not limited to, seeds, fruits, leaves, roots, stems, flowers, and pollen.\n\nManufacturing use product  means any pesticide product that is not an end-use product.\n\nNew use,  when used with respect to a product containing a particular active ingredient, means:\n\n(1) Any proposed use pattern that would require the establishment of, the increase in, or the exemption from the requirement of a tolerance or food additive regulation under section 408 of the Federal Food, Drug and Cosmetic Act;\n\n(2) Any aquatic, terrestrial, outdoor, or forestry use pattern, if no product containing the active ingredient is currently registered for that use pattern; or\n\n(3) Any additional use pattern that would result in a significant increase in the level of exposure, or a change in the route of exposure, to the active ingredient of man or other organisms.\n\nOperated by the same producer,  when used with respect to two establishments, means that each such establishment is either owned by, or leased for operation by and under the control of, the same person. The term does not include establishments owned or operated by different persons, regardless of contractural agreement between such persons.\n\nPackage  or  packaging  means the immediate container or wrapping, including any attached closure(s), in which the pesticide is contained for distribution, sale, consumption, use, or storage. The term does not include any shipping or bulk container used for transporting or delivering the pesticide unless it is the only such package.\n\nPesticide  means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:\n\n(1) Is a new animal drug under FFDCA sec. 201(w), or\n\n(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or\n\n(3) Is an animal feed under FFDCA sec. 201(x) that bears or contains any substances described by paragraph (s) (1) or (2) of this section.\n\nPesticide product  means a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide.\n\nPlant-incorporated protectant  means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. It also includes any inert ingredient contained in the plant, or produce thereof.\n\nReleased for shipment.  A product becomes released for shipment when the producer has packaged and labeled it in the manner in which it will be distributed or sold, or has stored it in an area where finished products are ordinarily held for shipment. Products stored in an area where finished products are ordinarily held for shipment, but which are not intended to be released for shipment must be physically separated and marked as not yet released for shipment. Once a product becomes released for shipment, the product remains in the condition of being released for shipment unless subsequent activities, such as relabeling or repackaging, constitute production.\n\nResidential use  means use of a pesticide directly:\n\n(1) On humans or pets,\n\n(2) In, on, or around any structure, vehicle, article, surface, or area associated with the household, including but not limited to areas such as non-agricultural outbuildings, non-commercial greenhouses, pleasure boats and recreational vehicles, or\n\n(3) In any preschool or day care facility."], ["40:40:26.0.1.1.3.1.1.3", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 152.5 Pests.", "EPA", "", "", "[53 FR 15975, May 4, 1988, as amended at 78 FR 13507, Feb. 28, 2013]", "An organism is declared to be a pest under circumstances that make it deleterious to man or the environment, if it is:\n\n(a) Any vertebrate animal other than man;\n\n(b) Any invertebrate animal, including but not limited to, any insect, other arthropod, nematode, or mollusk such as a slug and snail, but excluding any internal parasite of living man or other living animals;\n\n(c) Any plant growing where not wanted, including any moss, alga, liverwort, or other plant of any higher order, and any plant part such as a root; or\n\n(d) Any fungus, bacterium, virus, prion, or other microorganism, except for those on or in living man or other living animals and those on or in processed food or processed animal feed, beverages, drugs (as defined in FFDCA section 201(g)(1)) and cosmetics (as defined in FFDCA section 201(i))."], ["40:40:26.0.1.1.3.1.1.4", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 152.6 Substances excluded from regulation by FIFRA.", "EPA", "", "", "[66 FR 64763, Dec. 14, 2001, as amended at 73 FR 75594, Dec. 12, 2008]", "Products and substances listed in this section are excluded from FIFRA regulation if they meet the specified conditions or criteria.\n\n(a)  Liquid chemical sterilants.  A liquid chemical sterilant product is not a pesticide under section 2(u) of FIFRA if it meets all of the following criteria. Excluded products are regulated by the Food and Drug Administration (FDA). Products excluded are those meeting all of the following criteria:\n\n(1)  Composition.  The product must be in liquid form as sold or distributed. Pressurized gases or products in dry or semi-solid form are not excluded by this provision. Ethylene oxide products are not liquid products and are not excluded by this provision.\n\n(2)  Claims.  The product must bear a sterilant claim, or a sterilant plus subordinate level disinfection claim. Products that bear antimicrobial claims solely at a level less than \u201csterilant\u201d are not excluded and are jointly regulated by EPA and FDA.\n\n(3)  Use site.  (i) The product must be intended and labeled only for use on \u201ccritical or semi-critical devices.\u201d A \u201ccritical device\u201d is any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body. A  semi-critical device  is any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body.\n\n(ii) Liquid chemical sterilants that bear claims solely for use on non-critical medical devices are jointly regulated by EPA and FDA.\n\n(iii) Liquid chemical sterilants that bear claims solely for use on sites that are not medical devices, such as veterinary equipment, are not excluded and are regulated solely by EPA.\n\n(b)  Nitrogen stabilizers.  A nitrogen stabilizer is excluded from regulation under FIFRA if it is a substance (or mixture of substances), meeting all of the following criteria:\n\n(1) The substance prevents or hinders the process of nitrification, denitrification, ammonia volatilization, or urease production through action affecting soil bacteria and is distributed and sold solely for those purposes and no other pesticidal purposes. For purposes of this section, living organisms are not considered to be substances, and the actions of living organisms are not relevant to whether a substance is deemed to be a nitrogen stabilizer.\n\n(2) The substance was in \u201ccommercial agronomic use\u201d in the United States before January 1, 1992. EPA considers a substance to be in commercial agronomic use if it is available for sale or distribution to users for direct agronomic benefit, as opposed to limited research, experimental or demonstration use.\n\n(3) The substance was not registered under FIFRA before January 1, 1992.\n\n(4) Since January 1, 1992, the distributor or seller has made no claim that the product prevents or hinders the process of nitrification, denitrification, ammonia volatilization or urease production. EPA considers any of the following claims (or their equivalents) to be a claim that the product prevents or hinders nitrification, denitrification, ammonia volatilization or urease production:\n\n(i) Improves crop utilization of applied nitrogen.\n\n(ii) Reduces leaching of applied nitrogen or reduces groundwater nitrogen contamination.\n\n(iii) Prevents nitrogen loss.\n\n(iv) Prolongs availability of nitrogen.\n\n(v) Increases nitrogen uptake, availability, usage, or efficiency.\n\n(5) A product will be considered to have met the criterion of paragraph (b)(4) of this section that no nitrogen stabilization claim has been made if:\n\n(i) The nitrogen stabilization claim, in whatever terms expressed, is made solely in compliance with a State requirement to include the claim in materials required to be submitted to a State legislative or regulatory authority, or in the labeling or other literature accompanying the product; and\n\n(ii) The State requirement to include the claim was in effect both before the product bearing the claim was introduced into commercial agronomic use, and before the effective date of this rule.\n\n(6) A product that meets all of the criteria of this paragraph with respect to one State is not thereby excluded from FIFRA regulation if distributed and sold in another State whose nitrogen stabilization statement requirement does not meet the requirements of paragraph (b)(5)(ii) of this section.\n\n(c)  Human drugs.  Fungi, bacteria, viruses or other microorganisms in or on living man are not \u201cpests\u201d as defined in section 2(t) of FIFRA. Products intended and labeled for use against such organisms are human drugs subject to regulation by the FDA under the FFDCA.\n\n(d)  Animal drugs.  (1) Fungi, viruses, bacteria or other microorganisms on or in living animals are not \u201cpests\u201d under section 2(t) of FIFRA. Products intended for use against such organisms are \u201canimal drugs\u201d regulated by the FDA under the FFDCA.\n\n(2) A \u201cnew animal drug\u201d as defined in section 201(w) of the FFDCA, or an animal drug that FDA has determined is not a \u201cnew animal drug\u201d is not a pesticide under section 2(u) of FIFRA. Animal drugs are regulated by the FDA under the FFDCA.\n\n(e)  Animal feeds.  An animal feed containing a new animal drug is not a pesticide under section 2(u) of FIFRA. An animal feed containing a new animal drug is subject to regulation by the FDA under the FFDCA.\n\n(f)  Vitamin hormone products.  A product consisting of a mixture of plant hormones, plant nutrients, inoculants, or soil amendments is not a \u201cplant regulator\u201d under section 2(v) of FIFRA, provided it meets the following criteria:\n\n(1) The product, in the undiluted package concentration at which it is distributed or sold, meets the criteria of \u00a7 156.62 of this chapter for Toxicity Category III or IV; and\n\n(2) The product is not intended for use on food crop sites, and is labeled accordingly.\n\n(g)  Products intended to aid the growth of desirable plants.  A product of any of the following types, intended only to aid the growth of desirable plants, is not a \u201cplant regulator\u201d under section 2(v) of FIFRA, and therefore is not a pesticide:\n\n(1) A plant nutrient product, consisting of one or more macronutrients or micronutrient trace elements necessary to normal growth of plants and in a form readily usable by plants.\n\n(2) A plant inoculant product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system.\n\n(3) A soil amendment product containing a substance or substances intended for the purpose of improving soil characteristics favorable for plant growth."], ["40:40:26.0.1.1.3.1.1.5", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 152.8 Products that are not pesticides because they are not for use against pests.", "EPA", "", "", "[53 FR 15975, May 4, 1988, as amended at 66 FR 64764, Dec. 14, 2001]", "A substance or article is not a pesticide, because it is not intended for use against \u201cpests\u201d as defined in \u00a7 152.5, if it is:\n\n(a) A fertilizer product not containing a pesticide.\n\n(b) A product intended to force bees from hives for the collection of honey crops."], ["40:40:26.0.1.1.3.1.1.6", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 152.10 Products that are not pesticides because they are not intended for a pesticidal purpose.", "EPA", "", "", "", "A product that is not intended to prevent, destroy, repel, or mitigate a pest, or to defoliate, desiccate or regulate the growth of plants, is not considered to be a pesticide. The following types of products or articles are not considered to be pesticides unless a pesticidal claim is made on their labeling or in connection with their sale and distribution:\n\n(a) Deodorizers, bleaches, and cleaning agents;\n\n(b) Products not containing toxicants, intended only to attract pests for survey or detection purposes, and labeled accordingly;\n\n(c) Products that are intended to exclude pests only by providing a physical barrier against pest access, and which contain no toxicants, such as certain pruning paints to trees."], ["40:40:26.0.1.1.3.1.1.7", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 152.15 Pesticide products required to be registered.", "EPA", "", "", "", "No person may distribute or sell any pesticide product that is not registered under the Act, except as provided in \u00a7\u00a7 152.20, 152.25, and 152.30. A pesticide is any substance (or mixture of substances) intended for a pesticidal purpose,  i.e. , use for the purpose of preventing, destroying, repelling, or mitigating any pest or use as a plant regulator, defoliant, or desiccant. A substance is considered to be intended for a pesticidal purpose, and thus to be a pesticide requiring registration, if:\n\n(a) The person who distributes or sells the substance claims, states, or implies (by labeling or otherwise):\n\n(1) That the substance (either by itself or in combination with any other substance) can or should be used as a pesticide; or\n\n(2) That the substance consists of or contains an active ingredient and that it can be used to manufacture a pesticide; or\n\n(b) The substance consists of or contains one or more active ingredients and has no significant commercially valuable use as distributed or sold other than (1) use for pesticidal purpose (by itself or in combination with any other substance), (2) use for manufacture of a pesticide; or\n\n(c) The person who distributes or sells the substance has actual or constructive knowledge that the substance will be used, or is intended to be used, for a pesticidal purpose."], ["40:40:26.0.1.1.3.11.1.1", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.400 Purpose.", "EPA", "", "", "", "Subpart U prescribes fees to be charged for the pesticide regulatory activities set forth in \u00a7 152.403 as performed by the Environmental Protection Agency (as authorized by 31 U.S.C. 9701 and Pub. L. 100-202) and provisions regarding their payment."], ["40:40:26.0.1.1.3.11.1.2", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.401 Inapplicability of fee provisions to applications filed prior to October 1, 1997.", "EPA", "", "", "[53 FR 11923, Mar. 22, 1989]", "No fee required by this subpart U shall be levied with respect to any application filed during the period beginning on October 25, 1988, and ending on September 30, 1997. See FIFRA section 4(i)(7) (added to FIFRA by Pub. L. 100-532, October 25, 1988, 102 Stat. 2654)."], ["40:40:26.0.1.1.3.11.1.3", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.403 Definitions of fee categories.", "EPA", "", "", "[53 FR 19114, May 26, 1988, as amended at 72 FR 61028, Oct. 26, 2007]", "(a)  New chemical registration review  means review of an application for registration of a pesticide product containing a chemical active ingredient which is not contained as an active ingredient in any other pesticide product that is registered under FIFRA at the time the application is made.\n\n(b)  New biochemical and microbial registration review  means review of an application for registration of a biochemical or microbial pesticide product containing a biochemical or microbial active ingredient not contained in any other pesticide product that is registered under FIFRA at the time the application is made. For purposes of this subpart, the definitions of biochemical and microbial pesticides contained in \u00a7\u00a7 158.2000 and 158.2100, respectively, shall apply.\n\n(c)  New use pattern registration review  means review of an application for registration, or for amendment of a registration entailing a major change to the use pattern of an active ingredient contained in a product registered under FIFRA or pending Agency decision on a prior application at the time of application. For purposes of this paragraph, examples of major changes include but are not limited to, changes from non-food to food use, outdoor to indoor use, ground to aerial application, terrestrial to aquatic use, and non-residential to residential use.\n\n(d)  Old chemical registration review  means review of an application for registration of a new product containing active ingredients and uses which are substantially similar or identical to those currently registered or for which an application is pending Agency decision.\n\n(e)  Amendment review  means review of any application requiring Agency approval to amend the registration of a currently registered product, or for which an application is pending Agency decision, not entailing a major change to the use pattern of an active ingredient.\n\n(f)  Experimental use permit review  means review of an application for a permit pursuant to section 5 of FIFRA to apply a limited quantity of a pesticide in order to accumulate information necessary to register the pesticide. The application may be for a new chemical or for a new use of an old chemical. The fee applies to such experimental uses of a single unregistered active ingredient (no limit on the number of other active ingredients, in a tank mix, already registered for the crops involved) and no more than three crops. This fee does not apply to experimental use permits required for small-scale field testing of microbial pest control agents (40 CFR 172.3)."], ["40:40:26.0.1.1.3.11.1.4", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.404 Fee amounts.", "EPA", "", "", "[53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993]", "The fee prescribed by the following table must be submitted with each application for registration, amended registration or experimental use permit. Fees will be adjusted annually in accordance with \u00a7 152.410. The Agency may waive or refund fees in accordance with \u00a7 152.412.\n\nTable\u2014Registration Fees"], ["40:40:26.0.1.1.3.11.1.5", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.406 Submission of supplementary data.", "EPA", "", "", "[53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993]", "Applicants may submit data to supplement pending applications without incurring additional charges if the proper fee was paid with submission of the original application and subsequent submissions of supplementary data do not constitute a change in the type of registration action requested."], ["40:40:26.0.1.1.3.11.1.6", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.408 Special considerations.", "EPA", "", "", "", "(a) If two or more applicants apply for a new chemical registration for products having the same active ingredient and each applicant provides a set of data in support of the registration developed independently of the other applicants' data, then each applicant submitting an independent set of data shall be charged the full new chemical registration review fee.\n\n(b) If two or more applicants apply for a new chemical registration for products having the same active ingredient and the applicants have jointly developed or paid for the joint development of a common set of data to support their applications for registration, then each applicant shall be charged an equal share of the total fee for review of the applications for all of the subject products. The total fee will include the sum of the new chemical registration review fee for one product and one old chemical registration review fee for each additional product.\n\n(c) If an application is received for registration of a product that contains two or more new chemical active ingredients and a different set of generic data is required by the Agency for each new chemical for the purpose of registration, the applicant will be required to pay the full new chemical registration review fee for each active ingredient."], ["40:40:26.0.1.1.3.11.1.7", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.410 Adjustment of fees.", "EPA", "", "", "", "(a) The fee schedule will be adjusted annually by the same percentage as the percent change in the Federal General Schedule (GS) pay scale. Such adjustments will be published in the  Federal Register  as a final rule and will be effective 30 days or more after promulgation.\n\n(b) Processing costs and fees will be reviewed periodically and changes will be made to the schedule as necessary. Such adjustments will be published for notice and comment in the  Federal Register."], ["40:40:26.0.1.1.3.11.1.8", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.412 Waivers and refunds.", "EPA", "", "", "[53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993]", "(a)  Refunds.  If an application is not accepted for processing because it is incomplete, the fee, less $1,200 for handling and initial review (or the amount of the fee, whichever is less), shall be returned. If an application is withdrawn by the applicant before significant Agency scientific review has begun, the fee, less $1,200, shall be returned. If an unacceptable or withdrawn petition is resubmitted, it shall be accompanied by the fee that would be required if it were submitted for the first time.\n\n(b)  Waiver of fees for activities initiated by the Agency.  The Agency may waive fees for amended registrations where the amendment has been initiated solely by the Agency. The Agency retains sole discretion in determining when this fee will be waived. The announcement of the fee waiver will accompany the EPA request for an amendment. The Agency will not approve any individual requests for waivers of EPA-initiated activity fees.\n\n(c)  Waiver of fees for activities initiated by applicants.  Upon request by an applicant, together with the supporting documentation or justification described in this paragraph, the Agency may waive or refund fees in whole or in part. A request for waiver must be submitted in accordance with \u00a7 152.414(a). An application for which a waiver of fees has been requested will not be accepted for review until the waiver has been granted, or until the waiver has been denied and thereafter the proper fee has been submitted.\n\n(1)  Minor use.  Fees may be waived for applications limited to minor uses that lack commercial feasibility for the pesticide applicant. An applicant requesting a waiver on this basis must provide supporting information that demonstrates that anticipated revenues from the uses that are the subject of the application would be insufficient to pay back the cost of the fee. The burden of proof of the reasonableness of this estimate rests with the applicant.\n\n(2)  IR-4.  Fees will be waived for registration actions that are determined to be specifically associated with tolerance petitions submitted by the Inter-Regional Research Project Number 4 (IR-4 program) when such waiver is deemed by the Agency to be in the public interest.\n\n(3)  Severe economic impact.  The Agency may waive two-thirds of any cumulative registration fee payment in a 12-month period following completion of the applicant's most recent fiscal year that exceeds 3 percent of the applicant's pesticide sales in its most recently completed fiscal year. An applicant requesting a waiver on this basis must provide documentation (e.g. copy of an annual report, or income tax forms filed with the Internal Revenue Service, or if needed, a notarized statement signed by a corporate officer regarding annual pesticide sales) demonstrating that:\n\n(i) The company applying had less than $40 million in gross revenue (including all revenue sources) in the most recently concluded fiscal year of operation, and a single fee would constitute more than 3 percent of the applicant's gross revenue from pesticide sales in the most recently completed fiscal year of operation, or\n\n(ii) The company applying had less than $40 million in gross revenue (including all revenue sources) in the most recently concluded fiscal year of operation, and the cumulative registration fees paid during the 12 months following the applicant's most recently completed fiscal year, including any registration fees paid for the applicant for which a waiver is requested, constitute more than 3 percent of the applicant's gross revenue from pesticide sales in the most recently concluded fiscal year of operation.\n\n(iii) The Agency will not grant such a waiver if it determines that the entity submitting the application has been formed or manipulated to qualify for such a waiver.\n\n(4)  Public interest.  The Agency, in its discretion, may waive in whole or in part any of the fees established herein in the public interest. Examples include, but are not limited to, pesticides offering unique advantages for reducing public health risks, those that significantly reduce a current environmental risk, or a product with extraordinary utility for use in Integrated Pest Management (IPM)."], ["40:40:26.0.1.1.3.11.1.9", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "U", "Subpart U\u2014Registration Fees", "", "\u00a7 152.414 Procedures.", "EPA", "", "", "[53 FR 19114, May 26, 1988, as amended at 58 FR 34203, June 23, 1993; 69 FR 39864, July 1, 2004; 71 FR 35545, June 21, 2006]", "(a)  Procedures for requesting a waiver.  (1) A request for a waiver must be submitted in writing at the time the application is submitted to the Office of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b).\n\n(2) A payment of $1,200 for processing the waiver or the amount of the actual fee, whichever is less, must be submitted simultaneously to the address set forth in paragraph (b) of this section. This fee will be refunded (or applied to any resulting partial fee) if the waiver is granted. Payment of fees for the registration activities, in contrast to the waiver fee, shall not be required until the Agency makes a determination on the waiver request. Since the actual fee is submitted to an address different than the one to which the waiver request is submitted, a copy of the payment document must be submitted with the waiver request that is submitted to the Office of Pesticide Programs' Document Processing Desk as described in paragraph (a)(1) of this section. No fee is required from a person who has no financial interest in the application.\n\n(b)  Procedures for payment of fees.  All fees required by this section must be paid by money order, bank draft, or certified check drawn to the order of the Environmental Protection Agency. All payment of fees must be forwarded to the Environmental Protection Agency, Headquarters Accounting Operations Branch, Office of Pesticide Programs (Registration Fees), P.O. Box 360277M, Pittsburgh, PA 15251. The payments should be specifically labeled \u201cRegistration Fees\u201d and should be accompanied only by a copy of the registration application form or the experimental use permit application form, as appropriate. An application will not be accepted for processing until the required fees have been submitted.\n\n(c)  Procedures for submitting application and supporting data.  The application, along with supporting data, shall be forwarded within 30 days of payment to the Washington DC address set forth in paragraph (a)(1) of this section."], ["40:40:26.0.1.1.3.13.1.1", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "Z", "Subpart Z\u2014Devices", "", "\u00a7 152.500 Requirements for devices.", "EPA", "", "", "[53 FR 15990, May 4, 1988. Redesignated at 60 FR 32096, June 19, 1995]", "(a) A device is defined as any instrument or contrivance (other than a firearm) intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than a bacterium, virus, or other microorganism on or in living man or living animals) but not including equipment used for the application of pesticides (such as tamper-resistant bait boxes for rodenticides) when sold separately therefrom.\n\n(b) A device is not required to be registered under FIFRA sec. 3. The Agency has issued a policy statement concerning its authority and activities with respect to devices, which was published in the  Federal Register  of November 19, 1976 (41 FR 51065). A device is subject to the requirements set forth in:\n\n(1) FIFRA sec. 2(q)(1) and part 156 of this chapter, with respect to labeling;\n\n(2) FIFRA sec. 7 and part 167 of this chapter, with respect to establishment registration and reporting;\n\n(3) FIFRA sec. 8 and part 169 of this chapter, with respect to books and records;\n\n(4) FIFRA sec. 9, with respect to inspection of establishments;\n\n(5) FIFRA sec. 12, 13, and 14, with respect to violations, enforcement activities, and penalties;\n\n(6) FIFRA sec. 17, with respect to import and export of devices;\n\n(7) FIFRA sec. 25(c)(3), with respect to child-resistant packaging; and\n\n(8) FIFRA sec. 25(c)(4), with respect to the Agency's authority to declare devices subject to certain provisions of the Act."], ["40:40:26.0.1.1.3.2.1.1", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "B", "Subpart B\u2014Exemptions", "", "\u00a7 152.20 Exemptions for pesticides adequately regulated by another Federal agency.", "EPA", "", "", "[53 FR 15977, May 4, 1988, as amended at 66 FR 37814, July 19, 2001; 66 FR 64764, Dec. 14, 2001; 72 FR 61027, Oct. 26, 2007]", "The pesticides or classes of pesticide listed in this section are exempt from all requirements of FIFRA. The Agency has determined, in accordance with FIFRA sec. 25(b)(1), that they are adequately regulated by another Federal agency.\n\n(a)  Certain biological control agents.  (1) Except as provided by paragraphs (a)(3) and (a)(4) of this section, all biological control agents are exempt from FIFRA requirements.\n\n(2) If the Agency determines that an individual biological control agent or class of biological control agents is no longer adequately regulated by another Federal agency, and that it should not otherwise be exempted from the requirements of FIFRA, the Agency will revoke this exemption by amending paragraph (a)(3) of this section.\n\n(3) The following biological control agents are not exempt from FIFRA requirements:\n\n(i) A eucaryotic microorganism including, but not limited to, protozoa, algae and fungi;\n\n(ii) A procaryotic microorganism including, but not limited to, Eubacteria and Archaebacteria; or\n\n(iii) A parasitically-replicating microscopic element, including, but not limited to, viruses.\n\n(4) All living plants intended for use as biological control agents are exempt from the requirements of FIFRA. However, plant-incorporated protectants are not exempt pursuant to this section. Regulations, including exemptions, for plant-incorporated protectants are addressed in part 174 of this chapter.\n\n(b)  Non-liquid chemical sterilants.  A non-liquid chemical sterilant, except ethylene oxide, that meets the criteria of \u00a7 152.6(a)(2) with respect to its claims and \u00a7 152.6(a)(3) with respect to its use sites is exempted from regulation under FIFRA."], ["40:40:26.0.1.1.3.2.1.2", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "B", "Subpart B\u2014Exemptions", "", "\u00a7 152.25 Exemptions for pesticides of a character not requiring FIFRA regulation.", "EPA", "", "", "[53 FR 15977, May 4, 1988, as amended at 59 FR 2751, Jan. 19, 1994; 61 FR 8878, Mar. 6, 1996; 66 FR 64764, Dec. 14, 2001; 71 FR 35545, June 21, 2006; 80 FR 80660, Dec. 28, 2015; 87 FR 67370, Nov. 8, 2022]", "The pesticides or classes of pesticides listed in this section have been determined to be of a character not requiring regulation under FIFRA, and are therefore exempt from all provisions of FIFRA when intended for use, and used, only in the manner specified.\n\n(a)  Treated articles or substances.  An article or substance treated with, or containing, a pesticide to protect the article or substance itself (for example, paint treated with a pesticide to protect the paint coating, or wood products treated to protect the wood against insect or fungus infestation), if the pesticide is registered for such use.\n\n(b)  Pheromones and pheromone traps.  Pheromones and identical or substantially similar compounds labeled for use only in pheromone traps (or labeled for use in a manner which the Administrator determines poses no greater risk of adverse effects on the environment than use in pheromone traps), and pheromone traps in which those compounds are the sole active ingredient(s).\n\n(1) For the purposes of this paragraph, a pheromone is a compound produced by an arthropod which, alone or in combination with other such compounds, modifies the behavior of other individuals of the same species.\n\n(2) For the purposes of this paragraph, a synthetically produced compound is identical to a pheromone only when their molecular structures are identical, or when the only differences between the molecular structures are between the stereochemical isomer ratios of the two compounds, except that a synthetic compound found to have toxicological properties significantly different from a pheromone is not identical.\n\n(3) When a compound possesses many characteristics of a pheromone but does not meet the criteria in paragraph (a)(2) of this section, it may, after review by the Agency, be deemed a substantially similar compound.\n\n(4) For the purposes of this paragraph, a pheromone trap is a device containing a pheromone or an identical or substantially similar compound used for the sole purpose of attracting, and trapping or killing, target arthropods. Pheromone traps are intended to achieve pest control by removal of target organisms from their natural environment and do not result in increased levels of pheromones or identical or substantially similar compounds over a significant fraction of the treated area.\n\n(c)  Preservatives for biological specimens.  (1) Embalming fluids.\n\n(2) Products used to preserve animal or animal organ specimens, in mortuaries, laboratories, hospitals, museums and institutions of learning.\n\n(3) Products used to preserve the integrity of milk, urine, blood, or other body fluids for laboratory analysis.\n\n(d)  Foods.  Products consisting of foods and containing no active ingredients, which are used to attract pests.\n\n(e)  Natural cedar.  (1) Natural cedar blocks, chips, shavings, balls, chests, drawer liners, paneling, and needles that meet all of the following criteria:\n\n(i) The product consists totally of cedarwood or natural cedar.\n\n(ii) The product is not treated, combined, or impregnated with any additional substance(s).\n\n(iii) The product bears claims or directions for use solely to repel arthropods other than ticks or to retard mildew, and no additional claims are made in sale or distribution. The labeling must be limited to specific arthropods, or must exclude ticks if any general term such as \u201carthropods,\u201d \u201cinsects,\u201d \u201cbugs,\u201d or any other broad inclusive term, is used. The exemption does not apply to natural cedar products claimed to repel ticks.\n\n(2) The exemption does not apply to cedar oil, or formulated products which contain cedar oil, other cedar extracts, or ground cedar wood as part of a mixture.\n\n(f)  Minimum risk pesticides \u2014(1)  Exempted products.  Products containing the following active ingredients, alone or in combination with other substances listed in table 1 of this paragraph, are exempt from the requirements of FIFRA provided that all of the criteria of this section are met. All listed active ingredients may be used in non-food use products. Under section 408 of the Federal Food, Drug, and Cosmetic Act and EPA (FFDCA) implementing regulations at part 180 of this chapter, food and animal feed in commerce can bear pesticide residues only for those ingredients that have tolerances or tolerance exemptions in part 180 of this chapter. Such tolerances or exemptions may be found, for example, in \u00a7\u00a7 180.950, 180.1071, 180.1087, 180.1233, and 180.1251 of this chapter.\n\nTable 1\u2014Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products\n\n(2)  Permitted inert ingredients.  A pesticide product exempt under paragraph (f)(1) of this section may only include the inert ingredients listed in paragraphs (f)(2)(i) through (iv) of this section. All listed inert ingredients may be used in non-food use products. Under FFDCA section 408 and EPA implementing regulations at part 180 of this chapter, food and animal feed in commerce can bear pesticide residues only for those ingredients that have tolerances or tolerance exemptions in part 180 of this chapter. Such tolerances or exemptions may be found, for example, in \u00a7\u00a7 180.910, 180.920. 180.930, 180.940, 180.950, and 180.1071 of this chapter.\n\n(i)  Commonly consumed food commodities,  as described in \u00a7 180.950(a) of this chapter.\n\n(ii)  Animal feed items,  as described in \u00a7 180.950(b) of this chapter.\n\n(iii)  Edible fats and oils,  as described in \u00a7 180.950(c) of this chapter.\n\n(iv)  Specific chemical substances,  as listed in the following table.\n\nTable 2\u2014Inert Ingredients Permitted in Minimum Risk Pesticide Products\n\n(3)  Other conditions of exemption.  All of the following conditions must be met for products to be exempted under this section:\n\n(i) Each product containing the substance must bear a label identifying the label display name and percentage (by weight) of each active ingredient as listed in table 1 in paragraph (f)(1) of this section. Each product must also list all inert ingredients by the label display name listed in table 2 in paragraph (f)(2)(iv) of this section.\n\n(ii) The product must not bear claims either to control or mitigate microorganisms that pose a threat to human health, including but not limited to disease transmitting bacteria or viruses, or claims to control insects or rodents carrying specific diseases, including, but not limited to ticks that carry Lyme disease.\n\n(iii) Company name and contact information.\n\n(A) The name of the producer or the company for whom the product was produced must appear on the product label. If the company whose name appears on the label in accordance with this paragraph is not the producer, the company name must be qualified by appropriate wording such as \u201cPacked for [insert name],\u201d \u201cDistributed by [insert name], or \u201cSold by [insert name]\u201d to show that the name is not that of the producer.\n\n(B) Contact information for the company specified in accordance with paragraph (f)(3)(iii)(A) of this section must appear on the product label including the street address plus ZIP code and the telephone phone number of the location at which the company may be reached.\n\n(C) The company name and contact information must be displayed prominently on the product label.\n\n(iv) The product must not include any false and misleading labeling statements, including those listed in 40 CFR 156.10(a)(5)(i) through (viii).\n\n(4)  Providing guidance.  Guidance on minimum risk pesticides is available at  http://www2.epa.gov/minimum-risk-pesticides  or successor Web pages."], ["40:40:26.0.1.1.3.2.1.3", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "B", "Subpart B\u2014Exemptions", "", "\u00a7 152.30 Pesticides that may be transferred, sold, or distributed without registration.", "EPA", "", "", "", "An unregistered pesticide, or a pesticide whose registration has been cancelled or suspended, may be dis-tributed or sold, or otherwise transferred, to the extent described by this section.\n\n(a)  A pesticide transferred between registered establishments operated by the same producer.  An unregistered pesticide may be transferred between registered establishments operated by the same producer. The pesticide as transferred must be labeled in accordance with part 156 of this chapter.\n\n(b)  A pesticide transferred between registered establishments not operated by the same producer.  An unregistered pesticide may be transferred between registered establishments not operated by the same producer if:\n\n(1) The transfer is solely for the purpose of further formulation, packaging, or labeling into a product that is registered;\n\n(2) Each active ingredient in the pesticide, at the time of transfer, is present as a result of incorporation into the pesticide of either:\n\n(i) A registered product; or\n\n(ii) A pesticide that is produced by the registrant of the final product; and\n\n(3) The product as transferred is labeled in accordance with part 156 of this chapter.\n\n(c)  A pesticide distributed or sold under an experimental use permit.  (1) An unregistered pesticide may be distributed or sold in accordance with the terms of an experimental use permit issued under FIFRA sec. 5, if the product is labeled in accordance with \u00a7 172.6 of this chapter.\n\n(2) An unregistered pesticide may be distributed or sold in accordance with the provisions of \u00a7 172.3 of this chapter, pertaining to use of a pesticide for which an experimental use permit is not required, provided the product is labeled in accordance with part 156 of this chapter.\n\n(d)  A pesticide transferred solely for export.  An unregistered pesticide may be transferred within the United States solely for export if it meets the following conditions:\n\n(1) The product is prepared and packaged according to the specifications of the foreign purchaser; and\n\n(2) The product is labeled in accordance with part 156 of this chapter.\n\n(e)  A pesticide distributed or sold under an emergency exemption.  An unregistered pesticide may be distributed or sold in accordance with the terms of an emergency exemption under FIFRA sec. 18, if the product is labeled in accordance with part 156 of this chapter.\n\n(f)  A pesticide transferred for purposes of disposal.  An unregistered, suspended, or cancelled pesticide may be transferred solely for disposal in accordance with FIFRA sec. 19 or an applicable Administrator's order. The product must be labeled in accordance with part 156 of this chapter.\n\n(g)  Existing stocks of a formerly registered product.  A cancelled or suspended pesticide may be distributed or sold to the extent and in the manner specified in an order issued by the Administrator concerning existing stocks of the pecticide."], ["40:40:26.0.1.1.3.3.1.1", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "C", "Subpart C\u2014Registration Procedures", "", "\u00a7 152.40 Who may apply.", "EPA", "", "", "", "Any person may apply for new registration of a pesticide product. Any registrant may apply for amendment of the registration of his product."], ["40:40:26.0.1.1.3.3.1.2", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "C", "Subpart C\u2014Registration Procedures", "", "\u00a7 152.42 Application for new registration.", "EPA", "", "", "", "Any person seeking to obtain a registration for a new pesticide product must submit an application for registration, containing the information specified in \u00a7 152.50. An application for new registration must be approved by the Agency before the product may legally be distributed or sold, except as provided by \u00a7 152.30."], ["40:40:26.0.1.1.3.3.1.3", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "C", "Subpart C\u2014Registration Procedures", "", "\u00a7 152.43 Alternate formulations.", "EPA", "", "", "[53 FR 15978, May 4, 1988, as amended at 72 FR 61027, Oct. 26, 2007]", "(a) A product proposed for registration must have a single, defined composition, except that EPA may approve a basic formulation and one or more alternate formulations for a single product.\n\n(b) An alternate formulation must meet the criteria listed in paragraph (b) (1) through (4) of this section. The Agency may require the submission of data to determine whether the criteria have been met.\n\n(1) The alternate formulation must have the same certified limits for each active ingredient as the basic formulation.\n\n(2) If the alternate formulation contains an inert ingredient or impurity of toxicological significance, the formulation must have the same upper certified limit for that substance as the basic formulation;\n\n(3) The label text of the alternate formulation product must be identical to that of the basic formulation.\n\n(4) The analytical method required under \u00a7 158.355 of this chapter must be suitable for use on both the basic formulation and the alternate formulation.\n\n(c) Notwithstanding the criteria in this section, the Agency may determine that an alternate formulation must be separately registered. If EPA makes this determination, the Agency will notify the applicant of its determination and its reasons. Thereafter the application for an alternate formulation will be treated as an application for new registration, and the alternate formulation will be assigned a new registration number."], ["40:40:26.0.1.1.3.3.1.4", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "C", "Subpart C\u2014Registration Procedures", "", "\u00a7 152.44 Application for amended registration.", "EPA", "", "", "[53 FR 15978, May 4, 1988, as amended at 61 FR 33041, June 26, 1996; 66 FR 64764, Dec. 14, 2001]", "(a) Except as provided by \u00a7 152.46, any modification in the composition, labeling, or packaging of a registered product must be submitted with an application for amended registration. The applicant must submit the information required by \u00a7 152.50, as applicable to the change requested. If an application for amended registration is required, the application must be approved by the Agency before the product, as modified, may legally be distributed or sold.\n\n(b) In its discretion, the Agency may:\n\n(1) Waive the requirement for submission of an application for amended registration;\n\n(2) Require that the applicant certify to the Agency that he has complied with an Agency directive rather than submit an application for amended registration; or\n\n(3) Permit an applicant to modify a registration by notification or non-notification in accordance with \u00a7 152.46.\n\n(c) A registrant may at any time submit identical minor labeling amendments affecting a number of products as a single application if no data are required for EPA to approve the amendment (for example, a change in the wording of a storage statement for designated residential use products). A consolidated application must clearly identify the labeling modification(s) to be made (which must be identical for all products included in the application), list the registration number of each product for which the modification is requested, and provide required supporting materials (for example, labeling) for each affected product."], ["40:40:26.0.1.1.3.3.1.5", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "C", "Subpart C\u2014Registration Procedures", "", "\u00a7 152.46 Notification and non-notification changes to registrations.", "EPA", "", "", "[61 FR 33041, June 26, 1996]", "(a)  Changes permitted by notification.  (1) EPA may determine that certain minor modifications to registration having no potential to cause unreasonable adverse effects to the environment may be accomplished by notification to the Agency, without requiring that the registrant obtain Agency approval. If EPA so determines, it will issue procedures following an opportunity for public comment describing the types of modifications permitted by notification and any conditions and procedures for submitting notifications.\n\n(2) A registrant may modify a registration consistent with paragraph (a)(1) of this section and any procedures issued thereunder and distribute or sell the modified product as soon as the Agency has received the notification. Based upon the notification, the Agency may require that the registrant submit an application for amended registration. If it does so, the Agency will notify the registrant and state its reasons for requiring an application for amended registration. Thereafter, if the registrant fails to submit an application the Agency may determine that the product is not in compliance with the requirements of the Act. Notification under this paragraph is considered a report filed under the Act for the purposes of FIFRA section 12(a)(2)(M).\n\n(b)  Changes permitted without notification.  EPA may determine that certain minor modifications to registration having no potential to cause unreasonable adverse effects to the environment may be accomplished without notification to or approval by the Agency. If EPA so determines, it will issue procedures following an opportunity for public comment describing the types of amendments permitted without notification (also known as non-notification). A registrant may distribute or sell a product changed in a manner consistent with such procedures without notification to or approval by the Agency.\n\n(c)  Effect of non-compliance.  Notwithstanding any other provision of this section, if the Agency determines that a product has been modified through notification or without notification in a manner inconsistent with paragraphs (a) or (b) of this section and any procedures issued thereunder, the Agency may initiate regulatory and/or enforcement action without first providing the registrant with an opportunity to submit an application for amended registration."], ["40:40:26.0.1.1.3.3.1.6", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "C", "Subpart C\u2014Registration Procedures", "", "\u00a7 152.50 Contents of application.", "EPA", "", "", "[53 FR 15978, May 4, 1988, as amended at 58 FR 34203, June 23, 1993; 60 FR 32096, June 19, 1995; 72 FR 61027, Oct. 26, 2007; 73 FR 75594, Dec. 12, 2008]", "Each application for registration or amended registration must include the following information, as applicable:\n\n(a)  Application form.  An application form must be completed and submitted to the Agency. Application forms are provided by the Agency, with instructions as to the number of copies required and proper completion.\n\n(b)  Identity of the applicant \u2014(1)  Name.  The applicant must identify himself. An applicant not residing in the United States must also designate an agent in accordance with paragraph (b)(3) of this section to act on behalf of the applicant on all registration matters.\n\n(2)  Address of record.  The applicant must provide an address in the United States for correspondence purposes. The U.S. address provided will be considered the applicant's address of record, and EPA will send all correspondence concerning the application and any subsequent registration to that address. It is the responsibility of the applicant and any registrant under \u00a7 152.122 to ensure that the Agency has a current and accurate address.\n\n(3)  Authorized agent.  An applicant may designate a person residing in the United States to act as his agent. If an applicant wishes to designate an agent, he must send the Agency a letter stating the name and United States address of his agent. The applicant must notify the Agency if he changes his designated agent. This relationship may be terminated at any time by the applicant by notifying the Agency in writing.\n\n(4)  Company number.  If an applicant has been assigned a company number by the Agency, the application must reference that number.\n\n(c)  Summary of the application.  Each application must include a list of the data submitted with the application, together with a brief description of the results of the studies. The list of data submitted may be the same as the list required by \u00a7 158.32 or \u00a7 161.32, as applicable, of this chapter. The summary must state that it is releasable to the public after registration in accordance with \u00a7 152.119.\n\n(d)  Identity of the product.  The product for which application is being submitted must be identified. The following information is required:\n\n(1) The product name;\n\n(2) The trade name(s) (if different); and\n\n(3) The EPA Registration Number, if currently registered.\n\n(e)  Draft labeling.  Each application for new registration must be accompanied by five legible copies of draft labeling (typescript or mock-up). Each application for amended registration that proposes to make any changes in the product labeling must be accompanied by five legible copies of draft labeling incorporating the proposed labeling changes. If the proposed labeling change affects only a portion of the labeling, such as the use directions, the applicant may submit five copies of that portion of the label which is the subject of the amendment. Upon request, an applicant for amended registration must submit a complete label to consolidate amendments.\n\n(f)  Registration data requirements.  (1) An applicant must submit materials to demonstrate that he has complied with the FIFRA sec. 3(c)(1)(F) and subpart E of this part with respect to satisfaction of data requirements, to enable the Agency to make the determination required by FIFRA sec. 3(c)(5)(B). Required items are described in subpart E of this part.\n\n(2) An applicant must furnish any data specified in part 158 or part 161 of this chapter, as applicable, of this chapter which are required by the Agency to determine that the product meets the registration standards of FIFRA sec. 3(c)(5) or (7). Each study must comply with:\n\n(i) Section 158.32 of this chapter, with respect to format of data submission.\n\n(ii) Section 158.33 of this chapter, with respect to studies for which a claim of trade secret or confidential business information is made.\n\n(iii) Section 158.34 of this chapter, with respect to flagging for potential adverse effects.\n\n(iv) Section 160.12 of this chapter, with respect to a statement whether studies were conducted in accordance with Good Laboratory Practices of part 160.\n\n(3) An applicant shall furnish with his application any factual information of which he is aware regarding unreasonable adverse effects of the pesticide on man or the environment, which would be required to be reported under FIFRA sec. 6(a)(2) if the product were registered.\n\n(g)  Certification relating to child-resistant packaging.  If the product meets the criteria for child-resistant packaging, the applicant must submit a certification that the product will be distributed or sold only in child-resistant packaging. Refer to part 157 of this chapter for the criteria and certification requirements.\n\n(h)  Request for classification.  If an applicant wishes to request a classification different from that established by the Agency, he must submit a request for such classification and information supporting the request.\n\n(i)  Statement concerning tolerances.  (1) If the proposed labeling bears instructions for use of the pesticide on food or feed crops, or if the intended use of the pesticide results or may be expected to result, directly or indirectly, in pesticide chemical residues in or on food or feed (including residues of any active ingredient, inert ingredient, metabolite, or degradation product), the applicant must submit a statement indicating whether such residues are authorized by a tolerance or exemption from the requirement of a tolerance issued under section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA).\n\n(2) If such residues have not been authorized, the application must be accompanied by a petition for establishment of appropriate tolerances or exemptions from the requirement of a tolerance, in accordance with part 180 of this chapter.\n\n(j)  Fees.  (1) The applicant shall identify the appropriate fee category in the schedule provided for by FIFRA sec. 33, and shall submit the fee for that category as prescribed by the latest EPA notice of section 33 fees.\n\n(2) If FIFRA sec. 33 is not in effect, the applicant shall submit any fees required by subpart U of this part, if applicable."], ["40:40:26.0.1.1.3.3.1.7", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "C", "Subpart C\u2014Registration Procedures", "", "\u00a7 152.55 Where to send applications and correspondence.", "EPA", "", "", "[71 FR 35545, June 21, 2006]", "Applications and correspondence relating to registration should be sent to the Office of Pesticide Programs' Document Processing Desk at the appropriate address as set forth in 40 CFR 150.17(a) or (b)."], ["40:40:26.0.1.1.3.5.1.1", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.80 General.", "EPA", "", "", "[73 FR 75594, Dec. 12, 2008]", "This subpart E describes the information that an applicant must submit with his application for registration or amended registration to comply (and for the Agency to determine compliance) with the provisions of FIFRA sec. 3(c)(1)(F). This subpart also describes the procedures by which data submitters may challenge registration actions which allegedly failed to comply with these procedures. If the Agency determines that an applicant has failed to comply with the requirements and procedures in this subpart, the application may be denied. If the Agency determines, after registration has been issued, that an applicant failed to comply with these procedures and requirements, the Agency may issue a notice of intent to cancel the product's registration."], ["40:40:26.0.1.1.3.5.1.10", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.92 Submission of a new valid study.", "EPA", "", "", "", "An applicant may demonstrate compliance for a data requirement by submitting a valid study that has not previously been submitted to the Agency. A study previously submitted to the Agency should not be resubmitted but should be cited in accordance with \u00a7 152.93."], ["40:40:26.0.1.1.3.5.1.11", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.93 Citation of a previously submitted valid study.", "EPA", "", "", "[49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008; 79 FR 6825, Feb. 5, 2014]", "An applicant may demonstrate compliance for a data requirement by citing a valid study previously submitted to the Agency. The study is not to be submitted to the Agency with the application.\n\n(a)  Study originally submitted by the applicant.  If the applicant certifies that he is the original data submitter, no documentation other than the citation is necessary.\n\n(b)  Study previously submitted by another person.  If the applicant is not the original data submitter, the applicant may cite the study only in accordance with paragraphs (b) (1) through (3) of this section.\n\n(1)  Citation with authorization of original data submitter.  The applicant may cite any valid study for which he has obtained the written authorization of the original data submitter. The applicant must obtain written authorization to cite any study that is an exclusive use study. The applicant must certify that he has obtained from the original data submitter a written authorization that contains at least the following information:\n\n(i) Identification of the applicant to whom the authorization is granted;\n\n(ii) Identification by title, EPA Accession Number or Master Record Identification Number, and date of submission, of the study or studies for which the authorization is granted;\n\n(iii) Authorization to the applicant to use the specified study in satisfaction of the data requirement for the application in question; and\n\n(iv) The signature and title of the original data submitter or his authorized representative, and date of the authorization.\n\n(2)  Citation with offer to pay compensation to the original data submitter.  The applicant may cite any valid study that is not subject to the exclusive use provisions of FIFRA section 3(c)(1)(F)(i) without written authorization from the original data submitter if the applicant certifies to the Agency that he has furnished to the original data submitter:\n\n(i) A notification of the applicant's intent to apply for registration, including the proposed product name and a list of the product's active ingredients;\n\n(ii) Identification of the specific data requirement involved and of the study for which the offer to pay is made (by title, EPA Accession Number or Master Record Identification Number, and date of submission, if possible);\n\n(iii) An offer to pay the person compensation to the extent required by FIFRA section 3(c)(1)(F);\n\n(iv) An offer to commence negotiations to determine the amount and terms of compensation, if any, to be paid for the use of the study; and\n\n(v) The applicant's name, address, and contact information, including a telephone number and email address.\n\n(3)  Citation without authorization or offer to pay.  The applicant may cite any valid study without written authorization from, or offer to pay to, the original data submitter if the study was originally submitted to the Agency on or before the date that is 15 years before the date of the application for which it is cited, and the study is not an exclusive use study, as defined in \u00a7 152.83(c)."], ["40:40:26.0.1.1.3.5.1.12", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.94 Citation of a public literature study or study generated at government expense.", "EPA", "", "", "[49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008]", "(a) An applicant may demonstrate compliance for a data requirement by citing, and submitting to the Agency, one of the following:\n\n(1) A valid study from the public literature.\n\n(2) A valid study generated by, or at the expense of, any government (Federal, State, or local) agency.\n\n(b) In no circumstances does submission of a public literature study or government-generated study confer any rights on the data submitter to exclusive use of data or compensation under FIFRA section 3(c)(1)(F)."], ["40:40:26.0.1.1.3.5.1.13", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.95 Citation of all studies in the Agency's files pertinent to a specific data requirement.", "EPA", "", "", "[49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008; 79 FR 6825, Feb. 5, 2014]", "An applicant normally may demonstrate compliance for a data requirement by citation of all studies in the Agency's files pertinent to that data requirement. The applicant who selects this cite-all option must submit to the Agency:\n\n(a) A general offer to pay statement having the same wording as that specified in \u00a7 152.86(c) except that the offer to pay may be limited to apply only to data pertinent to the specific data requirement(s) for which the cite-all method of support has been selected;\n\n(b) A certification that:\n\n(1) For each person who is included on the Data Submitters List as an original data submitter of exclusive use data for the active ingredient in question, the applicant has obtained a written authorization containing the information required by \u00a7 152.86(a) for the use the any exclusive use study that would be pertinent to the applicant's product; and\n\n(2) For each person included on the current Data Submitters List as an original data submitter of data that are not exclusive use for the active ingredient in question, the applicant has furnished:\n\n(i) A notification of the applicant's intent to apply for registration, including the name of the proposed product, and a list of the product's active ingredients;\n\n(ii) Identification of the specific data requirement(s) for which the offer to pay for data is being made;\n\n(iii) An offer to pay the person compensation to the extent required by FIFRA section 3(c)(1)(F);\n\n(iv) An offer to commence negotiations to determine the amount and terms of compensation, if any, to be paid for use of any study; and\n\n(v) The applicant's name, address, and contact information, including a telephone number and email address.\n\n(c) An acknowledgment having the same wording as that specified in \u00a7 152.86(d), except that it may be limited to apply only to data pertinent to the specific data requirement(s) for which the cite-all method of support has been selected."], ["40:40:26.0.1.1.3.5.1.14", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.96 Claim of data gap.", "EPA", "", "", "[79 FR 6826, Feb. 5, 2014]", "(a)  When a data gap may be claimed.  Except as provided in paragraph (b) of this section, an applicant may defer his obligation to satisfy an applicable data requirement until the Agency requires the data if no other person has previously submitted to the Agency a valid study that would satisfy the data requirement in question.\n\n(b)  When a data gap may not be claimed \u2014(1)  Product containing a new active ingredient.  An applicant for registration of a product containing a new active ingredient may not defer his obligation by claiming a data gap unless he can demonstrate to the Agency's satisfaction that the data requirement was imposed so recently that insufficient time has elapsed for the study to have been completed and that, in the public interest, the product should be registered during the limited period of time required to complete the study. Refer to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(c)(7)(C).\n\n(2)  Product not containing a new active ingredient.  An applicant for registration of a product under FIFRA sections 3(c)(7)(A) or (B) (a product not containing a new active ingredient) may not defer his obligation by claiming a data gap if the data are:\n\n(i) Data needed to determine whether the product is identical or substantially similar to another currently registered product or differs only in ways that would substantially increase the risk of unreasonable adverse effects on the environment.\n\n(ii) Efficacy data specific to the product, if required to be submitted to the Agency.\n\n(iii) If a new use is proposed for a product that is identical or substantially similar to an existing product, data to demonstrate whether the new use would substantially increase the risk of unreasonable adverse effects on the environment.\n\n(c)  Approval of application with a data gap claim.  (1) In accordance with \u00a7 152.115(a), any registration that is approved based upon a data gap claim shall be conditioned on the submission of the data no later than the time that the data are required to be submitted for similar products already registered.\n\n(2) Notwithstanding paragraph (c)(1) of this section, the Agency will not approve an application if it determines that the data for which a data gap claim has been made are needed to determine if the product meets the requirements of FIFRA sections 3(c)(5) or (7)."], ["40:40:26.0.1.1.3.5.1.15", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.97 Rights and obligations regarding the Data Submitters List.", "EPA", "", "", "[79 FR 6826, Feb. 5, 2014]", "(a) Each original data submitter shall have the right to be included on the Agency's Data Submitters List.\n\n(b) Each original data submitter who wishes to have his name added to the current Data Submitters List must submit to the Agency the following information:\n\n(1) Name and current address.\n\n(2) Chemical name, common name (if any) and Chemical Abstracts Service (CAS) number (if any) of the active ingredients(s), with respect to which he is an original data submitter.\n\n(3) For each such active ingredient, the type(s) of study he has previously submitted (identified by reference to data/information requirements listed in part 158 of this chapter), the date of submission, and the EPA registration number, file symbol, or other identifying reference for which it was submitted.\n\n(c) Each applicant not already included on the Data Submitters List for a particular active ingredient must inform the Agency at the time of the submission of a relevant study whether he wishes to be included on the Data Submitters List for that pesticide."], ["40:40:26.0.1.1.3.5.1.16", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.98 Procedures for transfer of exclusive use or compensation rights to another person.", "EPA", "", "", "[49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008]", "A person who possesses rights to exclusive use or compensation under FIFRA section 3(c)(1)(F) may transfer such rights to another person in accordance with this section.\n\n(a) The original data submitter must submit to the Agency a transfer document that contains the following information:\n\n(1) The name, address and state of incorporation (if any) of the original data submitter (the transferor);\n\n(2) The name, address and state of incorporation (if any) of the person to whom the data rights are being transferred (the transferee);\n\n(3) Identification of each item of data transferred including:\n\n(i) The name of the study or item of data;\n\n(ii) Whether the study is an exclusive use study, and, if so, when the period of exclusive use protection expires;\n\n(iii) The name of the person or laboratory that conducted the study;\n\n(iv) The date the study was submitted to the Agency;\n\n(v) The EPA document number assigned to the item of data (the Master Record Identification Number or Accession Number), if known. If not known, the EPA administrative number (such as the EPA Registration Number, petition number, file symbol, or permit number) with which the item of data was submitted, such that the Agency can identify the item of data.\n\n(vi) A statement that the transferor transfers irrevocably to the transferee all rights, titles, and interest in the items of data named;\n\n(vii) A statement that the transferor and transferee understand that any false statement may be punishable under 18 U.S.C. 1001; and\n\n(viii) The names, signatures and titles of the transferor and transferee, and the date signed.\n\n(b) In addition, the original data submitter must submit to the Agency a notarized statement affirming that:\n\n(1) The person signing the transfer agreement is authorized by the original data submitter to bind the data submitter;\n\n(2) No court order prohibits the transfer, and any required court approvals have been obtained; and\n\n(3) The transfer is authorized under Federal, State, and local law and relevant corporate charters, bylaws or partnership agreements.\n\n(c) The Agency will acknowledge the transfer of the data by notifying both transferor and transferee, and will state the effective date of the transfer. Thereafter the transferee will be considered to be the original data submitter of the items of data transferred for all purposes under FIFRA section 3(c)(1)(F), unless a new transfer agreement is submitted to the Agency."], ["40:40:26.0.1.1.3.5.1.17", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.99 Petitions to cancel registration.", "EPA", "", "", "[49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008; 79 FR 6826, Feb. 5, 2014]", "An original data submitter may petition the Agency to deny or cancel the registration of a product in accordance with this section if he has submitted to the Agency a valid study which, he claims, satisfies a data requirement that an applicant purportedly has failed to satisfy.\n\n(a)  Grounds for petition.  (1) If an applicant has offered to pay compensation to an original data submitter of a study (either specifically or by filing a general offer to pay statement), the original data submitter may petition the Agency to deny or cancel the registration to which the offer related on any of the following grounds:\n\n(i) The applicant has failed to participate in an agreed-upon procedure for reaching an agreement on the amount and terms of compensation. The petitioner shall submit a copy of the agreed-upon procedure and describe the applicant's failure to participate in the procedure.\n\n(ii) The applicant has failed to comply with the terms of an agreement on compensation. The petitioner shall submit a copy of the agreement, and shall describe how the applicant has failed to comply with the agreement.\n\n(iii) The applicant has failed to participate in an arbitration proceeding. The petitioner shall submit evidence of such failure.\n\n(iv) The applicant has failed to comply with the terms of an arbitration decision. The petitioner shall submit a copy of the arbitration decision, and describe how the applicant has failed to comply with the decision.\n\n(2) When no offer to pay has been made, the petitioner shall state in his petition the basis for the challenge, and describe how the failure of the applicant to comply with the procedures of this subpart has deprived him of the rights accorded him under FIFRA section 3(c)(1)(F). Possible grounds for challenge include, but are not limited to, the following:\n\n(i) The applicant has failed to list a data requirement applicable to his product, or has failed to demonstrate compliance with all applicable data requirements.\n\n(ii) The applicant has submitted or cited a study that is not valid.\n\n(iii) The applicant has submitted or cited a study that does not satisfy the data requirement for which it was submitted or cited.\n\n(iv) The applicant has falsely or improperly claimed that a data gap existed at the time of his application.\n\n(v) The applicant has submitted or cited a study originally submitted by the petitioner, without the required authorization or offer to pay.\n\n(b)  Procedure for petition to the Agency \u2014(1)  Time for filing.  A petition under paragraph (a)(1) of this section may be filed at any time that the circumstances warrant. A petition under paragraph (a)(2) of this section must be filed within one year after the Agency makes public the issuance of the registration.\n\n(2)  Notice to affected registrant.  At the same time that the petitioner files his petition with the Agency, the petitioner shall send a copy to the affected applicant or registrant by certified mail or by any other method that provides evidence of delivery. The affected applicant or registrant shall have 60 days from the date of receipt of the petition to submit written comments to the Agency.\n\n(c)  Disposition of petitions.  The Agency will consider the material submitted by the petitioner and the response, if any, by the affected applicant or registrant.\n\n(1) If the Agency determines that the petition is without merit, it will inform the petitioner and the affected applicant or registrant that the petition is denied. Denial of a petition is a final Agency action.\n\n(2) If the Agency determines that an applicant has acted in any way described by paragraph (a)(1) of this section, the Agency will notify the petitioner and the affected applicant or registrant that it intends to deny or cancel the registration of the product in support of which the data were cited. The affected applicant or registrant will have 15 days from the date of delivery of this notice to respond. If the Agency determines, after considering any response, that the affected applicant or registrant has acted in the ways described by paragraph (a)(1) of this section, the Agency will deny or cancel the registration without further hearing. Refer to FIFRA section 3(c)(1)(F)(ii). Denial or cancellation of a registration is a final Agency action.\n\n(3) Except as provided in paragraph (c)(2) of this section, if the Agency determines that an applicant for registration of a product has acted in any way that deprives an original data submitter of rights under FIFRA section 3(c)(1)(F), the Agency will take steps to deny the application or cancel the registration, as appropriate. The procedures in FIFRA section 3(c)(6) or section 6(b) shall be followed. Denial or cancellation is a final Agency action.\n\n(d)  Hearing.  Any hearing will be conducted in accordance with the procedures in 40 CFR part 164. The only matter for resolution at the hearing shall be whether the registrant failed to comply with the requirements and procedures of FIFRA section 3(c)(1)(F) or of this subpart, in the manner described by the petitioner. A decision following a hearing shall be final."], ["40:40:26.0.1.1.3.5.1.2", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.81 Applicability.", "EPA", "", "", "[79 FR 6824, Feb. 5, 2014]", "(a) Except as provided in paragraph (b) of this section, the requirements of this subpart apply to:\n\n(1) Each application for registration of a new product.\n\n(2) Each application for amended registration of a currently registered product.\n\n(3) Each submission in response to a Data Call-In under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(c)(2)(B) for an existing registration, including but not limited to, a product subject to reregistration under FIFRA section 4 or registration review under FIFRA section 3(g). If the Data Call-In establishes procedures for protection of data submitters' rights, recipients must comply with the specific requirements of the Data Call-In rather than the generic procedures set forth in \u00a7\u00a7 152.85 through 152.96.\n\n(b) This subpart does not apply to any of the following:\n\n(1) An application for registration submitted to a State under FIFRA section 24(c).\n\n(2) An application for an experimental use permit (EUP) under FIFRA section 5.\n\n(3) An application for an emergency exemption under FIFRA section 18.\n\n(4) A request for cancellation of a registration, or a request for deletion of one or more existing uses, under FIFRA section 6(f).\n\n(5) A modification to registration of a currently registered product that may be accomplished under the notification or non-notification provisions of \u00a7 152.46 and any procedures issued thereunder. Notwithstanding the preceding sentence, compliance with this subpart is required if the Administrator has, by written notice under \u00a7 152.46, determined that the modification may not be accomplished by notification or non-notification.\n\n(6) Any type of amendment if the Administrator determines, by written finding, that Agency consideration of data would not be necessary in order to approve the amendment under FIFRA section 3(c)(5).\n\n(7) Compliance with Agency regulations, adjudicatory hearing decisions, notices, or other Agency announcements that unless the registration is amended in the manner the Agency proposes, the product's registration will be suspended or canceled, or that a hearing will be held under FIFRA section 6. However, this paragraph does not apply to amendments designed to avoid cancellation or suspension threatened under FIFRA section 3(c)(2)(B) or because of failure to submit data."], ["40:40:26.0.1.1.3.5.1.3", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.82 Definitions.", "EPA", "", "", "[49 FR 30903, Aug. 1, 1984, as amended at 73 FR 75595, Dec. 12, 2008. Redesignated and amended at 79 FR 6825, Feb. 5, 2014]", "For the purposes of this subpart, the definitions set forth in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), in \u00a7 152.3, and in this section apply. In addition, the term \u201cexclusive use study\u201d shall have the meaning set forth in \u00a7 152.83.\n\nData gap  means the absence of any valid study or studies in the Agency's files which would satisfy a specific data requirement for a particular pesticide product.\n\nData Submitters List  means the current Agency list, entitled \u201cPesticide Data Submitters by Chemical,\u201d of persons who have submitted data to the Agency.\n\nOriginal data submitter  means the person who possesses all rights to exclusive use or compensation under FIFRA section 3(c)(1)(F) in a study originally submitted in support of an application for registration, amended registration, reregistration, or experimental use permit, or to maintain an existing registration in effect. The term includes the person who originally submitted the study, any person to whom the rights under FIFRA section 3(c)(1)(F) have been transferred, or the authorized representative of a group of joint data developers.\n\nValid study  means a study that has been conducted in accordance with the Good Laboratory Practice standards of 40 CFR part 160 or generally accepted scientific methodology and that EPA has not determined to be invalid."], ["40:40:26.0.1.1.3.5.1.4", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.83 Definition of exclusive use study.", "EPA", "", "", "[79 FR 6825, Feb. 5, 2014]", "A study is an exclusive use study if it meets the conditions of either paragraph (a) or paragraph (b) of this section.\n\n(a)  Initial exclusive use period.  A study submitted to support the registration of a product containing a new active ingredient (new chemical) or a new combination of active ingredients (new combination) is an exclusive use study if all the following conditions are met:\n\n(1) The study pertains to a new active ingredient (new chemical) or new combination of active ingredients (new combination) first registered after September 30, 1978.\n\n(2) The study was submitted in support of, or as a condition of approval of, the application resulting in the first registration of a product containing such new chemical or new combination, or an application to amend such registration to add a new use.\n\n(3) Less than 10 years have passed (or up to 13 years, if the period of exclusive use protection has been extended under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 3(c)(1)(F)(ii)) since the issuance of the registration for which the data were submitted.\n\n(4) The study was not submitted to satisfy a data requirement imposed under FIFRA section 3(c)(2)(B).\n\n(b)  Exclusive use period for certain minor use data.  A study submitted by an applicant or registrant to support an amendment adding a new minor use to an existing registration that does not retain any period of exclusive use under paragraph (b)(1) of this section is an exclusive study under FIFRA section 3(c)(1)(F)(vi) if all the following conditions are met:\n\n(1) The study relates solely to a minor use of a pesticide.\n\n(2) The applicant or registrant at the time the new use is requested has notified the Administrator that any exclusive use period for the pesticide has expired and that the study is eligible for exclusive use treatment.\n\n(3) Less than 10 years have passed since the study was submitted to EPA.\n\n(4) The study was not submitted to satisfy a data requirement imposed under FIFRA section 3(c)(2)(B).\n\n(5) The minor use supported by the data has not been voluntarily canceled nor have such data been used to support a non-minor use."], ["40:40:26.0.1.1.3.5.1.5", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.84 When materials must be submitted to the Agency.", "EPA", "", "", "[79 FR 6825, Feb. 5, 2014]", "Information and materials required by this subpart must be submitted at the time of application, unless the application is determined not to be subject to the requirements of this subpart."], ["40:40:26.0.1.1.3.5.1.6", 40, "Protection of Environment", "I", "E", "152", "PART 152\u2014PESTICIDE REGISTRATION AND CLASSIFICATION PROCEDURES", "E", "Subpart E\u2014Satisfaction of Data Requirements and Protection of Data Submitters' Rights", "", "\u00a7 152.85 Formulators' exemption.", "EPA", "", "", "[72 FR 61027, Oct. 26, 2007]", "(a)  Statutory provision.  FIFRA section 3(c)(2)(D) excuses an applicant from the requirement to submit or cite data pertaining to any pesticide contained in his product that is derived solely from one or more EPA-registered products which the applicant purchases from another person. This provision is commonly referred to as the formulators' exemption.\n\n(b)  Applicability of the formulators' exemption.  (1) The formulators' exemption applies only to data concerning the purchased product or its ingredients. These data may include, but are not limited to, product chemistry, toxicology, residue chemistry, exposure, environmental fate, and ecological effects.\n\n(2) The data to which the formulators' exemption applies usually will concern the safety of one or more of the product's active ingredients, specifically, those active ingredients which are contained in the purchased product. In general, data for which the required test substance is the technical grade of the active ingredient, the pure active ingredient, the radiolabeled pure active ingredient, or a typical end-use product are eligible for the formulators' exemption.\n\n(3) The formulators' exemption generally does not apply to data on the applicant's product itself, including the safety or efficacy of the product, unless the composition of the product is identical to the purchased product. In general, data for which the required test substance is the product proposed for registration are not eligible for the formulators' exemption.\n\n(c)  Limitation of the formulators' exemption.  EPA interprets FIFRA section 3(c)(2)(D) as allowing an applicant to use the formulators' exemption with respect to data concerning an ingredient of his product only if:\n\n(1) The application indicates that the ingredient's presence in the product is attributable solely to the purchase from another person of an identified, registered product containing that ingredient and the use of the purchased product in formulating the product; and\n\n(2) The purchased product is a registered manufacturing-use product whose label does not prohibit its use for making an end-use product labeled for any use for which the applicant's product will be labeled; or\n\n(3) The purchased product is a registered end-use product labeled for each use for which the applicant's product will be labeled.\n\n(d)  Claiming eligibility for the exemption.  (1) If the product contains one or more ingredients eligible for the formulators' exemption, the applicant need not comply with the requirements of \u00a7\u00a7 152.90 through 152.96 with respect to any data requirement pertaining to such ingredient, provided that he submits to the Agency a certification statement containing the following information (a form for this purpose is available from the Agency):\n\n(i) Identification of the applicant, and of the product by EPA registration number or file symbol.\n\n(ii) Identification of each ingredient in the pesticide that is eligible for the formulators' exemption, and the EPA registration number of the product that is the source of that ingredient.\n\n(iii) A statement that the listed ingredients meet the requirements for the formulators' exemption.\n\n(iv) A statement that the applicant has submitted (either previously or with the current application) a complete, accurate and current Confidential Statement of Formula.\n\n(v) The name, title and signature of the applicant or his authorized representative and the date of signature.\n\n(2) An applicant for amended registration is not required to submit a new formulators' exemption statement, if the current statement in Agency files is complete and accurate.\n\n(e)  Approval of registration.  Notwithstanding FIFRA section 3(c)(2)(D), EPA will not approve an application unless there are available to EPA for its review all data that are necessary to make the required risk/benefit finding under FIFRA section 3(c)(5) or section 3(c)(7)."]], "truncated": false, "filtered_table_rows_count": 142, "expanded_columns": [], "expandable_columns": [], "columns": ["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"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select 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 from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "152"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=152", "results": [{"value": 40, "label": 40, "count": 74, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&title_number=40", "selected": false}, {"value": 14, "label": 14, "count": 59, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&title_number=14", "selected": false}, {"value": 44, "label": 44, "count": 9, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&title_number=44", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=152", "results": [{"value": "EPA", "label": "EPA", "count": 74, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&agency=EPA", "selected": false}, {"value": "FAA", "label": "FAA", "count": 59, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&agency=FAA", "selected": false}, {"value": "FEMA", "label": "FEMA", "count": 9, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&agency=FEMA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=152", "results": [{"value": "152", "label": "152", "count": 142, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&_facet=title_name"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&_facet=subpart_name"}], "next": "40~3A40~3A26~2E0~2E1~2E1~2E3~2E5~2E1~2E6,40~3A40~3A26~2E0~2E1~2E1~2E3~2E5~2E1~2E6", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=152&_next=40~3A40~3A26~2E0~2E1~2E1~2E3~2E5~2E1~2E6%2C40~3A40~3A26~2E0~2E1~2E1~2E3~2E5~2E1~2E6&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 1371.2857589125633, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}