{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 158 sorted by section_id", "rows": [["14:14:3.0.1.3.29.1.3.1", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.1 Applicability.", "FAA", "", "", "[Docket FAA-2000-7402, 65 FR 34540, May 30, 2000]", "This part applies to passenger facility charges (PFC's) as may be approved by the Administrator of the Federal Aviation Administration (FAA) and imposed by a public agency that controls a commercial service airport. This part also describes the procedures for reducing funds to a large or medium hub airport that imposes a PFC."], ["14:14:3.0.1.3.29.1.3.10", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.18 Use of PFC revenue to pay for debt service for non-eligible projects.", "FAA", "", "", "[Docket FAA-2006-23730, 72 FR 28848, May 23, 2007]", "(a) The FAA may authorize a public agency to impose a PFC to make payments for debt service on indebtedness incurred to carry out at the airport a project that is not eligible if the FAA determines it is necessary because of the financial need of the airport. The FAA defines financial need in \u00a7 158.3.\n\n(b) A public agency may request authority to impose a PFC and use PFC revenue under this section using the PFC application procedures in \u00a7 158.25. The public agency must document its financial position and explain its financial recovery plan that uses all available resources.\n\n(c) The FAA reviews the application using the procedures in \u00a7 158.27. The FAA will issue its decision on the public agency's request under \u00a7 158.29."], ["14:14:3.0.1.3.29.1.3.11", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.19 Requirement for competition plans.", "FAA", "", "", "[Docket FAA-2000-7402, 65 FR 34541, May 30, 2000]", "(a) Beginning in fiscal year 2001, no public agency may impose a PFC with respect to a covered airport unless the public agency has submitted a written competition plan. This requirement does not apply to PFC authority approved prior to April 5, 2000.\n\n(b) The Administrator will review any plan submitted under paragraph (a) of this section to ensure that it meets the requirements of 49 U.S.C. 47106(f) and periodically will review its implementation to ensure that each covered airport successfully implements its plan."], ["14:14:3.0.1.3.29.1.3.2", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.3 Definitions.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34540, May 30, 2000; Amdt. 158-3, 70 FR 14934, Mar. 23, 2005; Amdt. 158-4, 72 FR 28847, May 23, 2007]", "The following definitions apply in this part:\n\nAirport  means any area of land or water, including any heliport, that is used or intended to be used for the landing and takeoff of aircraft, and any appurtenant areas that are used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.\n\nAirport capital plan  means a capital improvement program that lists airport-related planning, development or noise compatibility projects expected to be accomplished with anticipated available funds.\n\nAirport layout plan (ALP)  means a plan showing the existing and proposed airport facilities and boundaries in a form prescribed by the Administrator.\n\nAirport revenue  means revenue generated by a public airport (1) through any lease, rent, fee, PFC or other charge collected, directly or indirectly, in connection with any aeronautical activity conducted on an airport that it controls; or (2) In connection with any activity conducted on airport land acquired with Federal financial assistance, or with PFC revenue under this part, or conveyed to such public agency under the provisions of any Federal surplus property program or any provision enacted to authorize the conveyance of Federal property to a public agency for airport purposes.\n\nAir travel ticket  includes all documents, electronic records, boarding passes, and any other ticketing medium about a passenger's itinerary necessary to transport a passenger by air, including passenger manifests.\n\nAllowable cost  means the reasonable and necessary costs of carrying out an approved project including costs incurred prior to and subsequent to the approval to impose a PFC, and making payments for debt service on bonds and other indebtedness incurred to carry out such projects. Allowable costs include only those costs incurred on or after November 5, 1990. Costs of terminal development incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in the U.S. in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997 are allowable.\n\nApproved project  means a project for which the FAA has approved using PFC revenue under this part. The FAA may also approve specific projects contained in a single or multi-phased project or development described in an airport capital plan separately. This includes projects acknowledged by the FAA under \u00a7 158.30 of this part.\n\nBond financing costs  means the costs of financing a bond and includes such costs as those associated with issuance, underwriting discount, original issue discount, capitalized interest, debt service reserve funds, initial credit enhancement costs, and initial trustee and paying agent fees.\n\nCharge effective date  means the date on which carriers are obliged to collect a PFC.\n\nCharge expiration date  means the date on which carriers are to cease to collect a PFC.\n\nCollecting carrier  means an issuing carrier or other carrier collecting a PFC, whether or not such carrier issues the air travel ticket.\n\nCollection  means the acceptance of payment of a PFC from a passenger.\n\nCommercial service airport  means a public airport that annually enplanes 2,500 or more passengers and receives scheduled passenger service of aircraft.\n\nCovered air carrier  means an air carrier that files for bankruptcy protection or has an involuntary bankruptcy proceeding started against it after December 12, 2003. An air carrier that is currently in compliance with PFC remittance requirements and has an involuntary bankruptcy proceeding commenced against it has 90 days from the date such proceeding was filed to obtain dismissal of the involuntary petition before becoming a covered air carrier. An air carrier ceases to be a covered air carrier when it emerges from bankruptcy protection.\n\nCovered airport  means a medium or large hub airport at which one or two air carriers control more than 50 percent of passenger boardings.\n\nDebt service  means payments for such items as principal and interest, sinking funds, call premiums, periodic credit enhancement fees, trustee and paying agent fees, coverage, and remarketing fees.\n\nExclusive long-term lease or use agreement  means an exclusive lease or use agreement between a public agency and an air carrier or foreign air carrier with a term of 5 years or more.\n\nFAA Airports office  means a regional, district or field office of the Federal Aviation Administration that administers Federal airport-related matters.\n\nFinancial need  means that a public agency cannot meet its operational or debt service obligations and does not have at least a 2-month capital reserve fund.\n\nFrequent flier award coupon  means a zero-fare award of air transportation that an air carrier or foreign air carrier provides to a passenger in exchange for accumulated travel mileage credits in a customer loyalty program, whether or not the term \u201cfrequent flier\u201d is used in the definition of that program. The definition of \u201cfrequent flier award coupon\u201d does not extend to redemption of accumulated credits for awards of additional or upgraded service on trips for which the passenger has paid a published fare, \u201ctwo-for-the-price-of-one\u201d and similar marketing programs, or to air transportation purchased for a passenger by other parties.\n\nGround support equipment  means service and maintenance equipment used at an airport to support aeronautical operations and related activities. Baggage tugs, belt loaders, cargo loaders, forklifts, fuel trucks, lavatory trucks, and pushback tractors are among the types of vehicles that fit this definition.\n\nImplementation of an approved project  means: (1) With respect to construction, issuance to a contractor of notice to proceed or the start of physical construction; (2) with respect to nonconstruction projects other than property acquisition, commencement of work by a contractor or public agency to carry out the statement of work; or (3) with respect to property acquisition projects, commencement of title search, surveying, or appraisal for a significant portion of the property to be acquired.\n\nIssuing carrier  means any air carrier or foreign air carrier that issues an air travel ticket or whose imprinted ticket stock is used in issuing such ticket by an agent.\n\nMedium or large hub airport  means a commercial service airport that has more than 0.25 percent of the total number of passenger boardings at all such airports in the U.S. for the prior calendar year, as determined by the Administrator.\n\nNon-hub airport  means a commercial service airport (as defined in 49 U.S.C. 47102) that has less than 0.05 percent of the passenger boardings in the U.S. in the prior calendar year on an aircraft in service in air commerce.\n\nNonrevenue passenger  means a passenger receiving air transportation from an air carrier or foreign air carrier for which remuneration is not received by the air carrier or foreign air carrier as defined under Department of Transportation Regulations or as otherwise determined by the Administrator. Air carrier employees or others receiving air transportation against whom token service charges are levied are considered nonrevenue passengers. Infants for whom a token fare is charged are also considered nonrevenue passengers.\n\nNotice of intent (to impose or use PFC revenue)  means a notice under \u00a7 158.30 from a public agency controlling a non-hub airport that it intends to impose a PFC and/or use PFC revenue. Except for \u00a7\u00a7 158.25 through 30, \u201cnotice of intent\u201d can be used interchangeably with \u201capplication.\u201d\n\nOne-way trip  means any trip that is not a round trip.\n\nPassenger enplaned  means a domestic, territorial or international revenue passenger enplaned in the States in scheduled or nonscheduled service on aircraft in intrastate, interstate, or foreign commerce.\n\nPFC  means a passenger facility charge covered by this part imposed by a public agency on passengers enplaned at a commercial service airport it controls.\n\nPFC administrative support costs  means the reasonable and necessary costs of developing a PFC application or amendment, issuing and maintaining the required PFC records, and performing the required audit of the public agency's PFC account. These costs may include reasonable monthly financial account charges and transaction fees.\n\nProject  means airport planning, airport land acquisition or development of a single project, a multi-phased development program, (including but not limited to development described in an airport capital plan) or a new airport for which PFC financing is sought or approved under this part.\n\nPublic agency  means a State or any agency of one or more States; a municipality or other political subdivision of a State; an authority created by Federal, State or local law; a tax-supported organization; an Indian tribe or pueblo that controls a commercial service airport; or for the purposes of this part, a private sponsor of an airport approved to participate in the Pilot Program on Private Ownership of Airports.\n\nRound trip  means a trip on a complete air travel itinerary which terminates at the origin point.\n\nSignificant business interest  means an air carrier or foreign air carrier that:\n\n(1) Had no less than 1.0 percent of passenger boardings at that airport in the prior calendar year,\n\n(2) Had at least 25,000 passenger boardings at the airport in that prior calendar year, or\n\n(3) Provides scheduled service at that airport.\n\nState  means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and Guam.\n\nUnliquidated PFC revenue  means revenue received by a public agency from collecting carriers but not yet used on approved projects."], ["14:14:3.0.1.3.29.1.3.3", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.5 Authority to impose PFC's.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000]", "Subject to the provisions of this part, the Administrator may grant authority to a public agency that controls a commercial service airport to impose a PFC of $1, $2, $3, $4, or $4.50 on passengers enplaned at such an airport. No public agency may impose a PFC under this part unless authorized by the Administrator. No State or political subdivision or agency thereof that is not a public agency may impose a PFC covered by this part."], ["14:14:3.0.1.3.29.1.3.4", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.7 Exclusivity of authority.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000]", "(a) A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible public agency may not tax, regulate, prohibit, or otherwise attempt to control in any manner the imposition or collection of a PFC or the use of PFC revenue.\n\n(b) No contract or agreement between an air carrier or foreign air carrier and a public agency may impair the authority of such public agency to impose a PFC or use the PFC revenue in accordance with this part."], ["14:14:3.0.1.3.29.1.3.5", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.9 Limitations.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000; Amdt. 158-4, 72 FR 28847, May 23, 2007]", "(a) No public agency may impose a PFC on any passenger\u2014\n\n(1) For more than 2 boardings on a one-way trip or in each direction of a round trip;\n\n(2) On any flight to an eligible point on an air carrier that receives essential air service compensation on that route. The Administrator makes available a list of carriers and eligible routes determined by the Department of Transportation for which PFC's may not be imposed under this section;\n\n(3) Who is a nonrevenue passenger or obtained the ticket for air transportation with a frequent flier award coupon;\n\n(4) On flights, including flight segments, between 2 or more points in Hawaii;\n\n(5) In Alaska aboard an aircraft having a certificated seating capacity of fewer than 60 passengers; or\n\n(6) Enplaning at an airport if the passenger did not pay for the air transportation that resulted in the enplanement due to Department of Defense charter arrangements and payments.\n\n(b) No public agency may require a foreign airline that does not serve a point or points in the U.S. to collect a PFC from a passenger."], ["14:14:3.0.1.3.29.1.3.6", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.11 Public agency request not to require collection of PFC's by a class of air carriers or foreign air carriers or for service to isolated communities.", "FAA", "", "", "[Docket FAA-2000-7402, 65 FR 34541, May 30, 2000]", "(a) Subject to the requirements of this part, a public agency may request that collection of PFC's not be required for\u2014\n\n(1) Passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the carriers in the class constitutes not more than one percent of the total number of passengers enplaned annually at the airport at which the fee is imposed; or\n\n(2) Passengers enplaned on a flight to an airport\u2014\n\n(i) That has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or\n\n(ii) In a community that has a population of less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National Highway System within a State.\n\n(b) The public agency may request this exclusion authority under paragraph (a)(1) or (a)(2) of this section or both."], ["14:14:3.0.1.3.29.1.3.7", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.13 Use of PFC revenue.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28847, May 23, 2007]", "PFC revenue, including any interest earned after such revenue has been remitted to a public agency, may be used only to finance the allowable costs of approved projects at any airport the public agency controls.\n\n(a)  Total cost.  PFC revenue may be used to pay all or part of the allowable cost of an approved project.\n\n(b)  PFC administrative support costs.  Public agencies may use PFC revenue to pay for allowable administrative support costs. Public agencies must submit these costs as a separate project in each PFC application.\n\n(c)  Maximum cost for certain low-emission technology projects.  If a project involves a vehicle or ground support equipment using low emission technology eligible under \u00a7 158.15(b), the FAA will determine the maximum cost that may be financed by PFC revenue. The maximum cost for a new vehicle is the incremental amount between the purchase price of a new low emission vehicle and the purchase price of a standard emission vehicle, or the cost of converting a standard emission vehicle to a low emission vehicle.\n\n(d)  Bond-associated debt service and financing costs.  (1) Public agencies may use PFC revenue to pay debt service and financing costs incurred for a bond issued to carry out approved projects.\n\n(2) If the public agency's bond documents require that PFC revenue be commingled in the general revenue stream of the airport and pledged for the benefit of holders of obligations, the FAA considers PFC revenue to have paid the costs covered in \u00a7 158.13(d)(1) if\u2014\n\n(i) An amount equal to the part of the proceeds of the bond issued to carry out approved projects is used to pay allowable costs of such projects; and\n\n(ii) To the extent the PFC revenue collected in any year exceeds the debt service and financing costs on such bonds during that year, an amount equal to the excess is applied as required by \u00a7 158.39.\n\n(e)  Exception providing for the use of PFC revenue to pay for debt service for non-eligible projects.  The FAA may authorize a public agency under \u00a7 158.18 to impose a PFC for payments for debt service on indebtedness incurred to carry out an airport project that is not eligible if the FAA determines that such use is necessary because of the financial need of the airport.\n\n(f)  Combination of PFC revenue and Federal grant funds.  A public agency may combine PFC revenue and airport grant funds to carry out an approved project. These projects are subject to the record keeping and auditing requirements of this part, as well as the reporting, record keeping and auditing requirements imposed by the Airport and Airway Improvement Act of 1982 (AAIA).\n\n(g)  Non-Federal share.  Public agencies may use PFC revenue to meet the non-Federal share of the cost of projects funded under the Federal airport grant program or the FAA \u201cProgram to Permit Cost-Sharing of Air Traffic Modernization Projects\u201d under 49 U.S.C. 44517.\n\n(h)  Approval of project following approval to impose a PFC.  The public agency may not use PFC revenue or interest earned thereon except on an approved project."], ["14:14:3.0.1.3.29.1.3.8", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.15 Project eligibility at PFC levels of $1, $2, or $3.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; Amdt. 158-2, 65 FR 34541, May 30, 2000; Amdt. 158-4, 72 FR 28848, May 23, 2007]", "(a) To be eligible, a project must\u2014\n\n(1) Preserve or enhance safety, security, or capacity of the national air transportation system;\n\n(2) Reduce noise or mitigate noise impacts resulting from an airport; or\n\n(3) Furnish opportunities for enhanced competition between or among air carriers.\n\n(b) Eligible projects are any of the following projects\u2014\n\n(1) Airport development eligible under subchapter I of chapter 471 of 49 U.S.C.;\n\n(2) Airport planning eligible under subchapter I of chapter 471 of 49 U.S.C.;\n\n(3) Terminal development as described in 49 U.S.C. 47110(d);\n\n(4) Airport noise compatibility planning as described in 49 U.S.C. 47505;\n\n(5) Noise compatibility measures eligible for Federal assistance under 49 U.S.C. 47504, without regard to whether the measures are approved under 49 U.S.C. 47504;\n\n(6) Construction of gates and related areas at which passengers are enplaned or deplaned and other areas directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport. These areas do not include restaurants, car rental and automobile parking facilities, or other concessions. Projects required to enable added air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport have added eligibility. Such projects may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities next to the gate;\n\n(7) A project approved under the FAA's \u201cProgram to Permit Cost-Sharing of Air Traffic Modernization Projects\u201d under 49 U.S.C. 44517; or\n\n(8) If the airport is in an air quality nonattainment area (as defined by section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)) or a maintenance area referred to in section 175A of such Act (42 U.S.C. 7505a), and the project will result in the airport receiving appropriate emission credits as described in 49 U.S.C. 47139, a project for:\n\n(i) Converting vehicles eligible under \u00a7 158.15(b)(1) and ground support equipment powered by a diesel or gasoline engine used at a commercial service airport to low-emission technology certified or verified by the Environmental Protection Agency to reduce emissions or to use cleaner burning conventional fuels; or\n\n(ii) Acquiring for use at a commercial service airport vehicles eligible under \u00a7 158.15(b)(1) and, subject to \u00a7 158.13(c), ground support equipment that include low-emission technology or use cleaner burning fuels.\n\n(c) An eligible project must be adequately justified to qualify for PFC funding."], ["14:14:3.0.1.3.29.1.3.9", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "A", "Subpart A\u2014General", "", "\u00a7 158.17 Project eligibility at PFC levels of $4 or $4.50.", "FAA", "", "", "[Docket FAA-2000-7402, 65 FR 34541, May 30, 2000]", "(a) A project for any airport is eligible for PFC funding at levels of $4 or $4.50 if\u2014\n\n(1) The project meets the eligibility requirements of \u00a7 158.15;\n\n(2) The project costs requested for collection at $4 or $4.50 cannot be paid for from funds reasonably expected to be available for the programs referred to in 49 U.S.C. 48103; and\n\n(3) In the case of a surface transportation or terminal project, the public agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates.\n\n(b) In addition, a project for a medium or large airport is only eligible for PFC funding at levels of $4 or $4.50 if the project will make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise on people living near the airport."], ["14:14:3.0.1.3.29.2.3.1", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.20 Submission of required documents.", "FAA", "", "", "[Docket FAA-2006-23730, 72 FR 28848, May 23, 2007]", "(a) Letters and reports required by this part may be transmitted to the appropriate recipient (the public agency, air carrier, and/or the FAA) via e-mail, courier, facsimile, or U.S. Postal Service.\n\n(1) Documents sent electronically to the FAA must be prepared in a format readable by the FAA. Interested parties can obtain the format at their local FAA Airports Office.\n\n(2) Any transmission to FAA Headquarters, using regular U.S. Postal Service, is subject to inspection that may result in delay and damage due to the security process.\n\n(b) Once the database development is completed with air carrier capability, public agencies and air carriers may use the FAA's national PFC database to post their required quarterly reports, and, in that case, do not have to distribute the reports in any other way."], ["14:14:3.0.1.3.29.2.3.10", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.33 Duration of authority to impose a PFC before project implementation.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; Amdt. 158-4, 72 FR 28849, May 23, 2007]", "(a) A public agency shall not impose a PFC beyond the lesser of the following\u2014\n\n(1) 2 years after approval to use PFC revenue on an approved project if the project has not been implemented, or\n\n(2) 5 years after the charge effective date; or\n\n(3) 5 years after the FAA's decision on the application (if the charge effective date is more than 60 days after the decision date) if an approved project is not implemented.\n\n(b) If, in the Administrator's judgment, the public agency has not made sufficient progress toward implementation of an approved project within the times specified in paragraph (a) of this section, the Administrator begins termination proceedings under subpart E of this part.\n\n(c) The authority to impose a PFC following approval shall automatically expire without further action by the Administrator on the following dates:\n\n(1) 3 years after the charge effective date; or 3 years after the FAA's decision on the application if the charge effective date is more than 60 days after the decision date unless\u2014\n\n(i) The public agency has filed an application for approval to use PFC revenue for an eligible project that is pending before the FAA;\n\n(ii) An application to use PFC revenue has been approved; or\n\n(iii) A request for extension (not to exceed 2 years) to submit an application for project approval, under \u00a7 158.35, has been granted; or\n\n(2) 5 years after the charge effective date; or 5 years after the FAA's decision on the application (if the charge effective date is more than 60 days after the decision date) unless the public agency has obtained project approval.\n\n(d) If the authority to impose a PFC expires under paragraph (c) of this section, the public agency must provide the FAA with a list of the air carriers and foreign air carriers operating at the airport and all other collecting carriers that have remitted PFC revenue to the public agency in the preceding 12 months. The FAA notifies each of the listed carriers to terminate PFC collection no later than 30 days after the date of notification by the FAA.\n\n(e) Restriction on reauthorization to impose a PFC. Whenever the authority to impose a PFC has expired or been terminated under this section, the Administrator will not grant new approval to impose a PFC in advance of implementation of an approved project."], ["14:14:3.0.1.3.29.2.3.11", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.35 Extension of time to submit application to use PFC revenue.", "FAA", "", "", "", "(a) A public agency may request an extension of time to submit an application to use PFC revenue after approval of an application to impose PFC's. At least 30 days prior to submitting such request, the public agency shall publish notice of its intention to request an extension in a local newspaper of general circulation and shall request comments. The notice shall include progress on the project, a revised schedule for obtaining project approval and reasons for the delay in submitting the application.\n\n(b) The request shall be submitted at least 120 days prior to the charge expiration date and, unless otherwise authorized by the Administrator, shall be accompanied by the following:\n\n(1) A description of progress on the project application to date.\n\n(2) A revised schedule for submitting the application.\n\n(3) An explanation of the reasons for delay in submitting the application.\n\n(4) A summary financial report depicting the total amount of PFC revenue collected plus interest, the projected amount to be collected during the period of the requested extension, and any public agency funds used on the project for which reimbursement may be sought.\n\n(5) A summary of any further consultation with air carriers and foreign air carriers operating at the airport.\n\n(6) A summary of comments received in response to the local notice.\n\n(c) The Administrator reviews the request for extension and accompanying information, to determine whether\u2014\n\n(1) The public agency has shown good cause for the delay in applying for project approval;\n\n(2) The revised schedule is satisfactory; and\n\n(3) Further collection will not result in excessive accumulation of PFC revenue.\n\n(d) The Administrator, upon determining that the agency has shown good cause for the delay and that other elements of the request are satisfactory, grants the request for extension to the public agency. The Administrator advises the public agency in writing not more than 90 days after receipt of the request. The duration of the extension shall be as specified in \u00a7 158.33 of this part."], ["14:14:3.0.1.3.29.2.3.12", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.37 Amendment of approved PFC.", "FAA", "", "", "[Docket FAA-2004-17999, 70 FR 14937, Mar. 23, 2005, as amended by Amdt. 158-4, 72 FR 28849, May 23, 2007]", "(a)(1) A public agency may amend the FAA's decision with respect to an approved PFC to:\n\n(i) Increase or decrease the level of PFC the public agency wants to collect from each passenger,\n\n(ii) Increase or decrease the total approved PFC revenue,\n\n(iii) Change the scope of an approved project,\n\n(iv) Delete an approved project, or\n\n(v) Establish a new class of carriers under \u00a7 158.11 or amend any such class previously approved.\n\n(2) A public agency may not amend the FAA's decision with respect to an approved PFC to add projects, change an approved project to a different facility type, or alter an approved project to accomplish a different purpose.\n\n(b) The public agency must file a request to the Administrator to amend the FAA's decision with respect to an approved PFC. The request must include or demonstrate:\n\n(1)(i) Further consultation with the air carriers and foreign air carriers and seek public comment in accordance with \u00a7\u00a7 158.23 and 158.24 when applying for those requests to:\n\n(A) Amend the approved PFC amount for a project by more than 25 percent of the original approved amount if the amount was $1,000,000 or greater,\n\n(B) Amend the approved PFC amount for a project by any percentage if the original approved amount was below $1,000,000 and the amended approved amount is $1,000,000 or greater,\n\n(C) Change the scope of a project, or\n\n(D) Increase the PFC level to be collected from each passenger.\n\n(ii) No further consultation with air carriers and foreign air carriers or public comment is required by a public agency in accordance with \u00a7\u00a7 158.23 and 158.24 when applying for an amendment in the following situations:\n\n(A) To institute a decrease in the level of PFC to be collected from each passenger;\n\n(B) To institute a decrease in the total PFC revenue;\n\n(C) To institute an increase of 25 percent or less of the original approved amount if the amount was more than $1,000,000; or\n\n(D) To institute an increase of any amount if the original approved amount of the project was less than $1,000,000 and if the amended approved amount of the project remains below $1,000,000; or\n\n(E) To establish a new class of carriers under \u00a7 158.11 or amend any such class previously approved; or\n\n(F) To delete an approved project.\n\n(2) A copy of any comments received from the processes in paragraph (b)(1)(A) of this section for the carrier consultation and the opportunity for public comment in accordance with \u00a7\u00a7 158.23 and 158.24;\n\n(3) The public agency's reasons for continuing despite any objections;\n\n(4) A description of the proposed amendment;\n\n(5) Justification, if the amendment involves an increase in the PFC amount for a project by more than 25 percent of the original approved amount if that amount is $1,000,000 or greater, an increase in the PFC amount by any percentage if the original approved amount was less than $1,000,000 and the amended approved amount is $1,000,000 or greater, a change in the approved project scope, or any increase in the approved PFC level to be collected from each passenger.\n\n(6) A description of how each project meets the requirements of \u00a7 158.17(b), for each project proposed for an increase of the PFC level above $3.00 at a medium or large hub airport;\n\n(7) A signed statement certifying that the public agency has met the requiements of \u00a7 158.19, if applicable, for any amendment proposing to increase the PFC level above $3.00 at a medium or large hub airport; and\n\n(8) Any other information the Administrator may require.\n\n(c) The Administrator will approve, partially approve or disapprove the amendment request and notify the public agency of the decision within 30 days of receipt of the request. If a PFC level of more than $3.00 is approved, the Administrator must find the project meets the requirements of \u00a7\u00a7 158.17 and 158.19, if applicable, before the public agency can implement the new PFC level.\n\n(d) The public agency must notify the carriers of any change to the FAA's decision with respect to an approved PFC resulting from an amendment. The effective date of any new PFC level must be no earlier than the first day of a month which is at least 30 days from the date the public agency notifies the carriers."], ["14:14:3.0.1.3.29.2.3.13", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.39 Use of excess PFC revenue.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28849, May 23, 2007]", "(a) If the PFC revenue remitted to the public agency, plus interest earned thereon, exceeds the allowable cost of the project, the public agency must use the excess funds for approved projects or to retire outstanding PFC-financed bonds.\n\n(b) For bond-financed projects, any excess PFC revenue collected under debt servicing requirements shall be retained by the public agency and used for approved projects or retirement of outstanding PFC-financed bonds.\n\n(c) When the authority to impose a PFC has expired or has been terminated, accumulated PFC revenue shall be used for approved projects or retirement of outstanding PFC-financed bonds.\n\n(d) Within 30 days after the authority to impose a PFC has expired or been terminated, the public agency must present a plan to the appropriate FAA Airports office to begin using accumulated PFC revenue. The plan must include a timetable for submitting any necessary application under this part. If the public agency fails to submit such a plan, or if the plan is not acceptable to the Administrator, the Administrator may reduce Federal airport grant program apportioned funds."], ["14:14:3.0.1.3.29.2.3.2", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.21 General.", "FAA", "", "", "", "This subpart specifies the consultation and application requirements under which a public agency may obtain approval to impose a PFC and use PFC revenue on a project. This subpart also establishes the procedure for the Administrator's review and approval of applications and amendments and establishes requirements for use of excess PFC revenue."], ["14:14:3.0.1.3.29.2.3.3", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.23 Consultation with air carriers and foreign air carriers.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000; Amdt. 158-3, 70 FR 14934, Mar. 23, 2005]", "(a)  Notice by public agency.  A public agency must provide written notice to air carriers and foreign air carriers having a significant business interest at the airport where the PFC is proposed. A public agency must provide this notice before the public agency files an application with the FAA for authority to impose a PFC under \u00a7 158.25(b). In addition, public agencies must provide this notice before filing an application with the FAA for authority to use PFC revenue under \u00a7 158.25(c). Public agencies must also provide this notice before filing a notice of intent to impose and/or use a PFC under \u00a7 158.30. Finally, a public agency must provide this notice before filing a request to amend the FAA's decision with respect to an approved PFC as discussed in \u00a7 158.37(b)(1). The notice shall include:\n\n(1) Descriptions of projects being considered for funding by PFC's;\n\n(2) The PFC level for each project, the proposed charge effective date, the estimated charge expiration date, and the estimated total PFC revenue;\n\n(3) For a request by a public agency that any class or classes of carriers not be required to collect the PFC\u2014\n\n(i) The designation of each such class,\n\n(ii) The names of the carriers belonging to each such class, to the extent the names are known,\n\n(iii) The estimated number of passengers enplaned annually by each such class, and\n\n(iv) The public agency's reasons for requesting that carriers in each such class not be required to collect the PFC; and\n\n(4) Except as provided in \u00a7 158.25(c)(2), the date and location of a meeting at which the public agency will present such projects to air carriers and foreign air carriers operating at the airport.\n\n(b)  Meeting.  The meeting required by paragraph (a)(4) of this section shall be held no sooner than 30 days nor later than 45 days after issuance of the written notice required by paragraph (a) of this section. At or before the meeting, the public agency shall provide air carriers and foreign air carriers with\u2014\n\n(1) A description of projects;\n\n(2) An explanation of the need for the projects; and\n\n(3) A detailed financial plan for the projects, including\u2014\n\n(i) The estimated allowable project costs allocated to major project elements;\n\n(ii) The anticipated total amount of PFC revenue that will be used to finance the projects; and\n\n(iii) The source and amount of other funds, if any, needed to finance the projects.\n\n(c)  Requirements of air carriers and foreign air carriers.  (1) Within 30 days following issuance of the notice required by paragraph (a) of this section, each carrier must provide the public agency with a written acknowledgement that it received the notice.\n\n(2) Within 30 days following the meeting, each carrier must provide the public agency with a written certification of its agreement or disagreement with the proposed project. A certification of disagreement shall contain the reasons for such disagreement. The absence of such reasons shall void a certification of disagreement.\n\n(3) If a carrier fails to provide the public agency with timely acknowledgement of the notice or timely certification of agreement or disagreement with the proposed project, the carrier is considered to have certified its agreement."], ["14:14:3.0.1.3.29.2.3.4", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.24 Notice and opportunity for public comment.", "FAA", "", "", "[Docket FAA-2004-17999, 70 FR 14934, Mar. 23, 2005]", "(a)(1)  Notice by public agency.  A public agency must provide written notice and an opportunity for public comment before:\n\n(i) Filing an application with the FAA for authority to impose a PFC under \u00a7 158.25(b);\n\n(ii) Filing an application with the FAA for authority to use PFC revenue under \u00a7 158.25(c);\n\n(iii) Filing a notice of intent to impose and/or use a PFC under \u00a7 158.30; and\n\n(iv) Filing a request to amend a previously approved PFC as discussed in \u00a7 158.37(b)(1).\n\n(2) The notice must allow the public to file comments for at least 30 days, but no more than 45 days, after the date of publication of the notice or posting on the public agency's Web site, as applicable.\n\n(b)(1)  Notice contents.  The notice required by \u00a7 158.24(a) must include:\n\n(i) A description of the project(s) the public agency is considering for funding by PFC's;\n\n(ii) A brief justification for each project the public agency is considering for funding by PFC's;\n\n(iii) The PFC level for each project;\n\n(iv) The estimated total PFC revenue the public agency will use for each project;\n\n(v) The proposed charge effective date for the application or notice of intent;\n\n(vi) The estimated charge expiration date for the application or notice of intent;\n\n(vii) The estimated total PFC revenue the public agency will collect for the application or notice of intent; and\n\n(viii) The name of and contact information for the person within the public agency to whom comments should be sent.\n\n(2) The public agency must make available a more detailed project justification or the justification documents to the public upon request.\n\n(c)  Distribution of notice.  The public agency must make the notice available to the public and interested agencies through one or more of the following methods:\n\n(1) Publication in local newspapers of general circulation;\n\n(2) Publication in other local media;\n\n(3) Posting the notice on the public agency's Internet Web site; or\n\n(4) Any other method acceptable to the Administrator."], ["14:14:3.0.1.3.29.2.3.5", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.25 Applications.", "FAA", "", "", "[Docket FAA-2004-17999, 70 FR 14935, Mar. 23, 2005]", "(a)  General.  This section specifies the information the public agency must file when applying for authority to impose a PFC and for authority to use PFC revenue on a project. A public agency may apply for such authority at any commercial service airport it controls. The public agency must use the proposed PFC to finance airport-related projects at that airport or at any existing or proposed airport that the public agency controls. A public agency may apply for authority to impose a PFC before or concurrent with an application to use PFC revenue. If a public agency chooses to apply, it must do so by using FAA Form 5500-1, PFC Application (latest edition) and all applicable Attachments. The public agency must provide the information required under paragraphs (b) or (c), or both, of this section.\n\n(b)  Application for authority to impose a PFC.  This paragraph sets forth the information to be submitted by all public agencies seeking authority to impose a PFC. A separate application shall be submitted for each airport at which a PFC is to be imposed. The application shall be signed by an authorized official of the public agency, and, unless otherwise authorized by the Administrator, must include the following:\n\n(1) The name and address of the public agency.\n\n(2) The name and telephone number of the official submitting the application on behalf of the public agency.\n\n(3) The official name of the airport at which the PFC is to be imposed.\n\n(4) The official name of the airport at which a project is proposed.\n\n(5) A copy of the airport capital plan or other documentation of planned improvements for each airport at which a PFC financed project is proposed.\n\n(6) A description of each project proposed.\n\n(7) The project justification, including the extent to which the project achieves one or more of the objectives set forth in \u00a7 158.15(a) and (if a PFC level above $3 is requested) the requirements of \u00a7 158.17. In addition\u2014\n\n(i) For any project for terminal development, including gates and related areas, the public agency shall discuss any existing conditions that limit competition between and among air carriers and foreign air carriers at the airport, any initiatives it proposes to foster opportunities for enhanced competition between and among such carriers, and the expected results of such initiatives; or\n\n(ii) For any terminal development project at a covered airport, the public agency shall submit a competition plan in accordance with \u00a7 158.19.\n\n(8) The charge to be imposed for each project.\n\n(9) The proposed charge effective date.\n\n(10) The estimated charge expiration date.\n\n(11) Information on the consultation with air carriers and foreign air carriers having a significant business interest at the airport and the public comment process, including:\n\n(i) A list of such carriers and those notified;\n\n(ii) A list of carriers that acknowledged receipt of the notice provided under \u00a7 158.23(a);\n\n(iii) Lists of carriers that certified agreement and that certified disagreement with the project;\n\n(iv) Information on which method under \u00a7 158.24(b) the public agency used to meet the public notice requirement; and\n\n(v) A summary of substantive comments by carriers contained in any certifications of disagreement with each project and disagreements with each project provided by the public, and the public agency's reasons for continuing despite such disagreements.\n\n(12) If the public agency is also filing a request under \u00a7 158.11\u2014\n\n(i) The request;\n\n(ii) A copy of the information provided to the carriers under \u00a7 158.23(a)(3);\n\n(iii) A copy of the carriers' comments with respect to such information;\n\n(iv) A list of any class or classes of carriers that would not be required to collect a PFC if the request is approved; and\n\n(v) The public agency's reasons for submitting the request in the face of opposing comments.\n\n(13) A copy of information regarding the financing of the project presented to the carriers and foreign air carriers under \u00a7 158.23 of this part and as revised during the consultation.\n\n(14) A copy of all comments received as a result of the carrier consultation and public comment processes.\n\n(15) For an application not accompanied by a concurrent application for authority to use PFC revenue:\n\n(i) A description of any alternative methods being considered by the public agency to accomplish the objectives of the project;\n\n(ii) A description of alternative uses of the PFC revenue to ensure such revenue will be used only on eligible projects in the event the proposed project is not ultimately approved for use of PFC revenue;\n\n(iii) A timetable with projected dates for completion of project formulation activities and submission of an application to use PFC revenue; and\n\n(iv) A projected date of project implementation and completion.\n\n(16) A signed statement certifying that the public agency will comply with the assurances set forth in Appendix A to this part.\n\n(17) Such additional information as the Administrator may require.\n\n(c)  Application for authority to use PFC revenue.  A public agency may use PFC revenue only for projects approved under this paragraph. This paragraph sets forth the information that a public agency shall submit, unless otherwise authorized by the Administrator, when applying for the authority to use PFC revenue to finance specific projects.\n\n(1) An application submitted concurrently with an application for the authority to impose a PFC, must include:\n\n(i) The information required under paragraphs (b)(1) through (15) of this section;\n\n(ii) An FAA Form 5500-1, Attachment G, Airport Layout Plan, Airspace, and Environmental Findings (latest edition) providing the following information:\n\n(A) For projects required to be shown on an ALP, the ALP depicting the project has been approved by the FAA and the date of such approval;\n\n(B) All environmental reviews required by the National Environmental Policy Act (NEPA) of 1969 have been completed and a copy of the final FAA environmental determination with respect to the project has been approved, and the date of such approval, if such determination is required; and\n\n(C) The final FAA airspace determination with respect to the project has been completed, and the date of such determination, if an airspace study is required.\n\n(iii) The information required by \u00a7\u00a7 158.25(b)(16) and 158.25(b)(17).\n\n(2) An application where the authority to impose a PFC has been previously approved:\n\n(i) Must not be filed until the public agency conducts further consultation with air carriers and foreign air carriers under \u00a7 158.23. However, the meeting required under \u00a7 158.23(a)(4) is optional if there are no changes to the projects after approval of the impose authority and further opportunity for public comment under \u00a7 158.24; and\n\n(ii) Must include a summary of further air carrier consultation and the public agency's response to any disagreements submitted under the air carrier consultation and public comment processes conducted under paragraph (c)(2)(i) of this section;\n\n(iii) Must include the following, updated and changed where appropriate:\n\n(A) FAA Form 5500-1 without attachments except as required below;\n\n(B) For any projects where there have been no changes since the FAA approved authority to impose a PFC for those projects, a list of projects included in this application for use authority. The FAA will consider the information on these projects, filed with the impose authority application, incorporated by reference; and\n\n(C) For any project that has changed since receiving impose authority, the public agency must file an Attachment B for that project clearly describing the changes to the project.\n\n(iv) An FAA Form 5500-1, Attachment G, Airport Layout Plan, Airspace, and Environmental Findings (latest edition) providing the following information:\n\n(A) For projects required to be shown on an ALP, the ALP depicting the project has been approved by the FAA and the date of such approval;\n\n(B) All environmental reviews required by the National Environmental Policy Act (NEPA) of 1969 have been completed and a copy of the final FAA environmental determination with respect to the project has been approved, and the date of such approval, if such determination is required; and\n\n(C) The final FAA airspace determination with respect to the project has been completed, and the date of such determination, if an airspace study is required; and\n\n(v) The information required by \u00a7\u00a7 158.25(b)(16) and 158.25(b)(17)."], ["14:14:3.0.1.3.29.2.3.6", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.27 Review of applications.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, as amended by Amdt. 158-3, 70 FR 14936, Mar. 23, 2005]", "(a)  General.  This section describes the process for review of all applications filed under \u00a7 158.25 of this part.\n\n(b)  Determination of completeness.  Within 30 days after receipt of an application by the FAA Airports office, the Administrator determines whether the application substantially complies with the requirements of \u00a7 158.25.\n\n(c)  Process for substantially complete application.  If the Administrator determines the application is substantially complete, the following procedures apply:\n\n(1) The Administrator advises the public agency by letter that its application is substantially complete.\n\n(2) The Administrator may opt to publish a notice in the  Federal Register  advising that the Administrator intends to rule on the application and inviting public comment, as set forth in paragraph (e) of this section. If the Administrator publishes a notice, the Administrator will provide a copy of the notice to the public agency.\n\n(3) If the Administrator publishes a notice, the public agency\u2014\n\n(i) Shall make available for inspection, upon request, a copy of the application, notice, and other documents germane to the application, and\n\n(ii) May publish the notice in a newspaper of general circulation in the area where the airport covered by the application is located.\n\n(4) After reviewing the application and any public comments received from a  Federal Register  notice, the Administrator issues a final decision approving or disapproving the application, in whole or in part, before 120 days after the FAA Airports office received the application.\n\n(d)  Process for applications not substantially complete.  If the Administrator determines an application is not substantially complete, the following procedures apply:\n\n(1) The Administrator notifies the public agency in writing that its application is not substantially complete. The notification will list the information required to complete the application.\n\n(2) Within 15 days after the Administrator sends such notification, the public agency shall advise the Administrator in writing whether it intends to supplement its application.\n\n(3) If the public agency declines to supplement the application, the Administrator follows the procedures for review of an application set forth in paragraph (c) of this section and issues a final decision approving or disapproving the application, in whole or in part, no later than 120 days after the application was received by the FAA Airports office.\n\n(4) If the public agency supplements its application, the original application is deemed to be withdrawn for purposes of applying the statutory deadline for the Administrator's decision. Upon receipt of the supplement, the Administrator issues a final decision approving or disapproving the supplemented application, in whole or in part, no later than 120 days after the supplement was received by the FAA Airports office.\n\n(e)  The Federal Register notice.  The  Federal Register  notice includes the following information:\n\n(1) The name of the public agency and the airport at which the PFC is to be imposed;\n\n(2) A brief description of the PFC project, the level of the proposed PFC, the proposed charge effective date, the proposed charge expiration date and the total estimated PFC revenue;\n\n(3) The address and telephone number of the FAA Airports office at which the application may be inspected;\n\n(4) The Administrator's determination on whether the application is substantially complete and any information required to complete the application; and\n\n(5) The due dates for any public comments.\n\n(f)  Public comments.  (1) Interested persons may file comments on the application within 30 days after publication of the Administrator's notice in the  Federal Register.\n\n(2) Three copies of these comments shall be submitted to the FAA Airports office identified in the  Federal Register  notice.\n\n(3) Commenters shall also provide one copy of their comments to the public agency.\n\n(4) Comments from air carriers and foreign air carriers may be in the same form as provided to the public agency under \u00a7 158.23."], ["14:14:3.0.1.3.29.2.3.7", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.29 The Administrator's decision.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-3, 70 FR 14936, Mar. 23, 2005; Amdt. 158-4, 72 FR 28848, May 23, 2007]", "(a)  Authority to impose a PFC.  (1) An application to impose a PFC will be approved in whole or in part only after a determination that\u2014\n\n(i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project;\n\n(ii) The project will achieve the objectives and criteria set forth in \u00a7 158.15 except for those projects approved under \u00a7 158.18.\n\n(iii) If a PFC level above $3 is being approved, the project meets the criteria set forth in \u00a7 158.17;\n\n(iv) The collection process, including any request by the public agency not to require a class of carriers to collect PFC's, is reasonable, not arbitrary, nondiscriminatory, and otherwise in compliance with the law;\n\n(v) The public agency has not been found to be in violation of 49 U.S.C. 47524 and 47526;\n\n(vi) The public agency has not been found to be in violation of 49 U.S.C. 47107(b) governing the use of airport revenue;\n\n(vii) If the public agency has not applied for authority to use PFC revenue, a finding that there are alternative uses of the PFC revenue to ensure that such revenue will be used on approved projects; and\n\n(viii) If applicable, the public agency has submitted a competition plan in accordance with \u00a7 158.19.\n\n(2) The Administrator notifies the public agency in writing of the decision on the application. The notification will list the projects and alternative uses that may qualify for PFC financing under \u00a7 158.15, and (if a PFC level above $3 is being approved) \u00a7 158.17, PFC level, total approved PFC revenue including the amounts approved at $3 and less, $4, and/or $4.50, duration of authority to impose and earliest permissible charge effective date.\n\n(b)  Authority to use PFC revenue on an approved project.  (1) An application for authority to use PFC revenue will be approved in whole or in part only after a determination that\u2014\n\n(i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project;\n\n(ii) The project will achieve the objectives and criteria set forth in \u00a7 158.15 except for those projects approved under \u00a7 158.18.\n\n(iii) If a PFC level above $3 is being approved, the project meets the criteria set forth in \u00a7 158.17; and\n\n(iv) All applicable requirements pertaining to the ALP for the airport, airspace studies for the project, and the National Environmental Policy Act of 1969 (NEPA), have been satisfied.\n\n(2) The Administrator notifies the public agency in writing of the decision on the application. The notification will list the approved projects, PFC level, total approved PFC revenue, total approved for collection, including the amounts approved at $3 and less, $4, and/or $4.50, and any limit on the duration of authority to impose a PFC as prescribed under \u00a7 158.33.\n\n(3) Approval to use PFC revenue to finance a project shall be construed as approval of that project.\n\n(c)  Disapproval of application.  (1) If an application is disapproved, the Administrator notifies the public agency in writing of the decision and the reasons for the disapproval.\n\n(2) A public agency reapplying for approval to impose or use a PFC must comply with \u00a7\u00a7 158.23, 158.24, and 158.25.\n\n(d) The Administrator publishes a monthly notice of PFC approvals and disapprovals in the  Federal Register."], ["14:14:3.0.1.3.29.2.3.8", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.30 PFC Authorization at Non-Hub Airports.", "FAA", "", "", "[Docket FAA-2004-17999, 70 FR 14936, Mar. 23, 2005]", "(a)  General.  This section specifies the procedures a public agency controlling a non-hub airport must follow when notifying the FAA of its intent to impose a PFC and to use PFC revenue on a project under this section. In addition, this section describes the FAA's rules for reviewing and acknowledging a notice of intent filed under this section. A public agency may notify the FAA of its intent to impose a PFC before or concurrent with a notice of intent to use PFC revenue. A public agency must file a notice of intent in the manner and form prescribed by the Administrator and must include the information required under paragraphs (b), (c), or both, of this section.\n\n(b)  Notice of intent to impose a PFC.  This paragraph sets forth the information a public agency must file to notify the FAA of its intent to impose a PFC under this section. The public agency must file a separate notice of intent for each airport at which the public agency plans on imposing a PFC. An authorized official of the public agency must sign the notice of intent and, unless authorized by the Administrator, must include:\n\n(1) A completed FAA Form 5500-1, PFC Application (latest edition) without attachments except as required below;\n\n(2) Project information (in the form and manner prescribed by the FAA) including the project title, PFC funds sought, PFC level sought, and, if an existing Airport Improvement Program (AIP) grant already covers this project, the grant agreement number.\n\n(3) If an existing AIP grant does not cover this project, the notice of intent must include the information in paragraph (b)(2) of this section as well as the following:\n\n(i) Additional information describing the proposed schedule for the project,\n\n(ii) A description of how this project meets one of the PFC objectives in \u00a7 158.15(a), and\n\n(iii) A description of how this project meets the adequate justification requirement in \u00a7 158.15(c).\n\n(4) A copy of any comments received by the public agency during the air carrier consultation and public comment processes (\u00a7\u00a7 158.23 and 158.24) and the public agency's response to any disagreements.\n\n(5) If applicable, a request to exclude a class of carriers from the requirement to collect the PFC (\u00a7 158.11).\n\n(6) A signed statement certifying that the public agency will comply with the assurances set forth in Appendix A to this part.\n\n(7) Any additional information the Administrator may require.\n\n(c)  Notice of intent to use PFC revenue.  A public agency may use PFC revenue only for projects included in notices filed under this paragraph or approved under \u00a7 158.29. This paragraph sets forth the information that a public agency must file, unless otherwise authorized by the Administrator, in its notice of intent to use PFC revenue to finance specific projects under this section.\n\n(1) A notice of intent to use PFC revenue filed concurrently with a notice of intent to impose a PFC must include:\n\n(i) The information required under paragraphs (b)(1) through (7) of this section;\n\n(ii) A completed FAA Form 5500-1, Attachment G, Airport Layout Plan, Airspace, and Environmental Findings (latest edition) for all projects not included in an existing Federal airport program grant.\n\n(2) A notice of intent to use PFC revenue where the FAA has previously acknowledged a notice of intent to impose a PFC must:\n\n(i) Be preceded by further consultation with air carriers and the opportunity for public comment under \u00a7\u00a7 158.23 and 158.24 of this part. However, a meeting with the air carriers is optional if all information is the same as that provided with the impose authority notice;\n\n(ii) Include a copy of any comments received by the public agency during the air carrier consultation and public comment processes (\u00a7\u00a7 158.23 and 158.24) and the public agency's response to any disagreements or negative comments; and\n\n(iii) Include any updated and changed information:\n\n(A) Required by paragraphs (b)(1), (2), (5), (6), and (7) of this section; and\n\n(B) Required by paragraph (c)(1)(ii) of this section.\n\n(d)  FAA review of notices of intent.  (1) The FAA will review the notice of intent to determine that:\n\n(A) The amount and duration of the PFC will not result in revenue that exceeds the amount necessary to finance the project(s);\n\n(B) Each proposed project meets the requirements of \u00a7 158.15;\n\n(C) Each project proposed at a PFC level above $3.00 meets the requirements of \u00a7 158.17(a)(2) and (3);\n\n(D) All applicable airport layout plan, airspace, and environmental requirements have been met for each project;\n\n(E) Any request by the public agency to exclude a class of carriers from the requirement to collect the PFC is reasonable, not arbitrary, nondiscriminatory, and otherwise complies with the law; and\n\n(F) The consultation and public comment processes complied with \u00a7\u00a7 158.23 and 158.24.\n\n(2) The FAA will also make a determination regarding the public agency's compliance with 49 U.S.C. 47524 and 47526 governing airport noise and access restrictions and 49 U.S.C. 47107(b) governing the use of airport revenue. Finally, the FAA will review all comments filed during the air carrier consultation and public comment processes.\n\n(e)  FAA acknowledgment of notices of intent.  Within 30 days of receipt of the public agency's notice of intent about its PFC program, the FAA will issue a written acknowledgment of the public agency's notice. The FAA's acknowledgment may concur with all proposed projects, may object to some or all proposed projects, or may object to the notice of intent in its entirety. The FAA's acknowledgment will include the reason(s) for any objection(s).\n\n(f) Public agency actions following issuance of FAA acknowledgment letter. If the FAA does not object to either a project or the notice of intent in its entirety, the public agency may implement its PFC program. The public agency's implementation must follow the information specified in its notice of intent. If the FAA objects to a project, the public agency may not collect or use PFC revenue on that project. If the FAA objects to the notice of intent in its entirety, the public agency may not implement the PFC program proposed in that notice. When implementing a PFC under this section, except for \u00a7 158.25, a public agency must comply with all sections of part 158.\n\n(g)  Acknowledgment not an order.  An FAA acknowledgment issued under this section is not considered an order issued by the Secretary for purposes of 49 U.S.C. 46110 (Judicial Review).\n\n(h)  Sunset provision.  This section will expire May 9, 2008."], ["14:14:3.0.1.3.29.2.3.9", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "B", "Subpart B\u2014Application and Approval", "", "\u00a7 158.31 Duration of authority to impose a PFC after project implementation.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28849, May 23, 2007]", "A public agency that has begun implementing an approved project may impose a PFC until\u2014\n\n(a) The charge expiration date is reached;\n\n(b) The total PFC revenue collected plus interest earned thereon equals the allowable cost of the approved project;\n\n(c) The authority to collect the PFC is terminated by the Administrator under subpart E of this part; or\n\n(d) The public agency is determined by the Administrator to be in violation of 49 U.S.C. 47524 and 47526, and the authority to collect the PFC is terminated under that statute's implementing regulations under this title."], ["14:14:3.0.1.3.29.3.3.1", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "C", "Subpart C\u2014Collection, Handling, and Remittance of PFC's", "", "\u00a7 158.41 General.", "FAA", "", "", "", "This subpart contains the requirements for notification, collection, handling and remittance of PFC's."], ["14:14:3.0.1.3.29.3.3.2", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "C", "Subpart C\u2014Collection, Handling, and Remittance of PFC's", "", "\u00a7 158.43 Public agency notification to collect PFC's.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28849, May 23, 2007]", "(a) Following approval of an application to impose a PFC under subpart B of this part, the public agency shall notify the air carriers and foreign air carriers required to collect PFC's at its airport of the Administrator's approval. Each notified carrier shall notify its agents, including other issuing carriers, of the collection requirement.\n\n(b) The notification shall be in writing and contain at a minimum the following information:\n\n(1) The level of PFC to be imposed.\n\n(2) The total revenue to be collected.\n\n(3) The charge effective date will always be the first day of the month; however, it must be at least 30 days after the date the public agency notified the air carriers of the FAA's approval to impose the PFC.\n\n(4) The proposed charge expiration date.\n\n(5) A copy of the Administrator's notice of approval.\n\n(6) The address where remittances and reports are to be filed by carriers.\n\n(c) The public agency must notify air carriers required to collect PFCs at its airport and the FAA of changes in the charge expiration date at least 30 days before the existing charge expiration date or new charge expiration date, whichever comes first. Each notified air carrier must notify its agents, including other issuing carriers, of such changes.\n\n(d) The public agency shall provide a copy of the notification to the appropriate FAA Airports office."], ["14:14:3.0.1.3.29.3.3.3", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "C", "Subpart C\u2014Collection, Handling, and Remittance of PFC's", "", "\u00a7 158.45 Collection of PFC's on tickets issued in the U.S.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28849, May 23, 2007]", "(a) On and after the charge effective date, tickets issued in the U.S. shall include the required PFC except as provided in paragraphs (c) and (d) of this section.\n\n(1) Issuing carriers shall be responsible for all funds from time of collection to remittance.\n\n(2) The appropriate charge is the PFC in effect at the time the ticket is issued.\n\n(3) Issuing carriers and their agents shall collect PFCs based on the itinerary at the time of issuance.\n\n(i) Any change in itinerary initiated by a passenger that requires an adjustment to the amount paid by the passenger is subject to collection or refund of the PFC as appropriate.\n\n(ii) Failure to travel on a nonrefundable or expired ticket is not a change in itinerary. If the ticket purchaser is not permitted any fare refund on the unused ticket, the ticket purchaser is not permitted a refund of any PFC associated with that ticket.\n\n(b) Issuing carriers and their agents shall note as a separate item on each air travel ticket upon which a PFC is shown, the total amount of PFC's paid by the passenger and the airports for which the PFC's are collected.\n\n(c) For each one-way trip shown on the complete itinerary of an air travel ticket, issuing air carriers and their agents shall collect a PFC from a passenger only for the first two airports where PFC's are imposed. For each round trip, a PFC shall be collected only for enplanements at the first two enplaning airports and the last two enplaning airports where PFC's are imposed.\n\n(d) In addition to the restriction in paragraph (c) of this section, issuing carriers and their agents shall not collect PFC's from a passenger covered by any of the other limitations described in \u00a7 158.9(a).\n\n(e) Collected PFC's shall be distributed as noted on the air travel ticket.\n\n(f) Issuing carriers and their agents shall stop collecting the PFC's on the charge expiration date stated in a notice from the public agency, or as required by the Administrator."], ["14:14:3.0.1.3.29.3.3.4", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "C", "Subpart C\u2014Collection, Handling, and Remittance of PFC's", "", "\u00a7 158.47 Collection of PFC's on tickets issued outside the U.S.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; Amdt. 158-4, 72 FR 28849, May 23, 2007]", "(a) For tickets issued outside the U.S., an air carrier or foreign air carrier may follow the requirements of either \u00a7 158.45 or this section, unless the itinerary is for travel wholly within the U.S. Air carriers and foreign air carriers must comply with \u00a7 158.45 where the itinerary is for travel wholly within the U.S. regardless of where the ticket is issued.\n\n(b) Notwithstanding any other provisions of this part, no foreign airline is required to collect a PFC on air travel tickets issued on its own ticket stock unless it serves a point or points in the U.S.\n\n(c) If an air carrier or foreign air carrier elects not to comply with \u00a7 158.45 for tickets issued outside the U.S.\u2014\n\n(1) The carrier is required to collect PFC's on such tickets only for the public agency controlling the last airport at which the passenger is enplaned prior to departure from the U.S.\n\n(2) The carrier may collect the PFC either at the time the ticket is issued or at the time the passenger is last enplaned prior to departure from the U.S. The carrier may vary the method of collection among its flights.\n\n(3) The carrier shall provide a written record to the passenger that a PFC has been collected. Such a record shall appear on or with the air travel ticket and shall include the same information as required by \u00a7 158.45(b), but need not be preprinted on the ticket stock.\n\n(4) Issuing carriers and their agents shall collect PFCs based on the itinerary at the time of issuance.\n\n(i) Any change in itinerary initiated by a passenger that requires an adjustment to the amount paid by the passenger is subject to collection or refund of the PFC as appropriate.\n\n(ii) Failure to travel on a nonrefundable or expired ticket is not a change in itinerary. If the ticket purchaser is not permitted any fare refund on the unused ticket, the ticket purchaser is not permitted a refund of any PFC associated with that ticket.\n\n(d) With respect to a flight on which the air carrier or foreign air carrier chooses to collect the PFC at the time the air travel ticket is issued\u2014\n\n(1) The carrier and its agents shall collect the required PFC on tickets issued on or after the charge effective date.\n\n(2) The carrier is not required to collect PFC's at the time of enplanement for tickets sold by other air carriers or foreign air carriers or their agents.\n\n(e) With respect to a flight on which the air carrier or foreign air carrier chooses to collect the PFC at the time of enplanement, the carrier shall examine the air travel ticket of each passenger enplaning at the airport on and after the charge effective date and shall collect the PFC from any passenger whose air travel ticket does not include a written record indicating that the PFC was collected at the time of issuance.\n\n(f) Collected PFC's shall be distributed as noted on the written record provided to the passenger.\n\n(g) Collecting carriers shall be responsible for all funds from time of collection to remittance.\n\n(h) Collecting carriers and their agents shall stop collecting the PFC on the charge expiration date stated in a notice from the public agency, or as required by the Administrator."], ["14:14:3.0.1.3.29.3.3.5", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "C", "Subpart C\u2014Collection, Handling, and Remittance of PFC's", "", "\u00a7 158.49 Handling of PFC's.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28850, May 23, 2007]", "(a) Collecting carriers shall establish and maintain a financial management system to account for PFC's in accordance with the Department of Transportation's Uniform System of Accounts and Reports (14 CFR part 241). For carriers not subject to 14 CFR part 241, such carriers shall establish and maintain an accounts payable system to handle PFC revenue with subaccounts for each public agency to which such carrier remits PFC revenue.\n\n(b) Collecting carriers must account for PFC revenue separately. PFC revenue may be commingled with the air carrier's other sources of revenue except for covered air carriers discussed in paragraph (c) of this section. PFC revenues held by an air carrier or an agent of the air carrier after collection are held in trust for the beneficial interest of the public agency imposing the PFC. Such air carrier or agent holds neither legal nor equitable interest in the PFC revenues except for any handling fee or interest collected on unremitted proceeds as authorized in \u00a7 158.53.\n\n(c)(1) A covered air carrier must segregate PFC revenue in a designated separate PFC account. Regardless of the amount of PFC revenue in the covered air carrier's account at the time the bankruptcy petition is filed, the covered air carrier must deposit into the separate PFC account an amount equal to the average monthly liability for PFCs collected under this section by such air carrier or any of its agents.\n\n(i) The covered air carrier is required to create one PFC account to cover all PFC revenue it collects. The designated PFC account is solely for PFC transactions and the covered air carrier must make all PFC transactions from that PFC account. The covered air carrier is not required to create separate PFC accounts for each airport where a PFC is imposed.\n\n(ii) The covered air carrier must transfer PFCs from its general accounts into the separate PFC account in an amount equal to the average monthly liability for PFCs as the \u201cPFC reserve.\u201d The PFC reserve must equal a one-month average of the sum of the total PFCs collected by the covered air carrier, net of any credits or handling fees allowed by law, during the past 12-month period of PFC collections immediately before entering bankruptcy.\n\n(iii) The minimum PFC reserve balance must never fall below the fixed amount defined in paragraph (c)(1)(ii) of this section.\n\n(iv) A covered air carrier may continue to deposit the PFCs it collects into its general operating accounts combined with ticket sales revenue. However, at least once every business day, the covered air carrier must remove all PFC revenue (Daily PFC amount) from those accounts and transfer it to the new PFC account. An estimate based on \n 1/30  of the PFC reserve balance is permitted in substitution of the Daily PFC amount.\n\n(A) In the event a covered air carrier ceases operations while still owing PFC remittances, the PFC reserve fund may be used to make those remittances. If there is any balance in the PFC reserve fund after all PFC remittances are made, that balance will be returned to the covered air carrier's general account.\n\n(B) In the event a covered air carrier emerges from bankruptcy protection and ceases to be a covered air carrier, any balance remaining in the PFC reserve fund after any outstanding PFC obligations are met will be returned to the air carrier's general account.\n\n(v) If the covered air carrier uses an estimate rather than the daily PFC amount, the covered air carrier shall reconcile the estimated amount with the actual amount of PFCs collected for the prior month (Actual Monthly PFCs). This reconciliation must take place no later than the 20th day of the month (or the next business day if the date is not a business day). In the event the Actual Monthly PFCs are greater than the aggregate estimated PFC amount, the covered air carrier will, within one business day of the reconciliation, deposit the difference into the PFC account. If the Actual Monthly PFCs are less than the aggregate estimated PFC amount, the covered air carrier will be entitled to a credit in the amount of the difference to be applied to the daily PFC amount due.\n\n(vi) The covered air carrier is permitted to recalculate and reset the PFC reserve and daily PFC amount on each successive anniversary date of its bankruptcy petition using the methodology described above.\n\n(2) If a covered air carrier or its agent fails to segregate PFC revenue in violation of paragraph (c)(1) of this section, the trust fund status of such revenue shall not be defeated by an inability of any party to identify and trace the precise funds in the accounts of the air carrier.\n\n(3) A covered air carrier and its agents may not grant to any third party any security or other interest in PFC revenue.\n\n(4) A covered air carrier that fails to comply with any requirement of paragraph (c) of this section, or causes an eligible public agency to spend funds to recover or retain payment of PFC revenue, must compensate that public agency for those cost incurred to recover the PFCs owed.\n\n(5) The provisions of paragraph (b) of this section that allow the commingling of PFCs with other air carrier revenue do not apply to a covered air carrier.\n\n(d) All collecting air carriers must disclose the existence and amount of PFC funds regarded as trust funds in their financial statements."], ["14:14:3.0.1.3.29.3.3.6", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "C", "Subpart C\u2014Collection, Handling, and Remittance of PFC's", "", "\u00a7 158.51 Remittance of PFC's.", "FAA", "", "", "", "Passenger facility charges collected by carriers shall be remitted to the public agency on a monthly basis. PFC revenue recorded in the accounting system of the carrier, as set forth in \u00a7 158.49 of this part, shall be remitted to the public agency no later than the last day of the following calendar month (or if that date falls on a weekend or holiday, the first business day thereafter)."], ["14:14:3.0.1.3.29.3.3.7", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "C", "Subpart C\u2014Collection, Handling, and Remittance of PFC's", "", "\u00a7 158.53 Collection compensation.", "FAA", "", "", "[Docket FAA-2006-23730, 72 FR 28850, May 23, 2007; Amdt. 158-4, 72 FR 31714, June 8, 2007]", "(a) As compensation for collecting, handling, and remitting the PFC revenue, the collecting air carrier is entitled to:\n\n(1) $0.11 of each PFC collected.\n\n(2) Any interest or other investment return earned on PFC revenue between the time of collection and remittance to the public agency.\n\n(b) A covered air carrier that fails to designate a separate PFC account is prohibited from collecting interest on the PFC revenue. Where a covered air carrier maintains a separate PFC account in compliance with \u00a7 158.49(c), it will receive the interest on PFC accounts as described in paragraph (a)(2) of this section.\n\n(c)(1) Collecting air carriers may provide collection cost data periodically to the FAA after the agency issues a notice in the  Federal Register  that specifies the information and deadline for filing the information. Submission of the information is voluntary. The requested information must include data on interest earned by the air carriers on PFC revenue and air carrier collection, handling, and remittance costs in the following categories:\n\n(i) Credit card fees;\n\n(ii) Audit fees;\n\n(iii) PFC disclosure fees;\n\n(iv) Reservations costs;\n\n(v) Passenger service costs;\n\n(vi) Revenue accounting, data entry, accounts payable, tax, and legal fees;\n\n(vii) Corporate property department costs;\n\n(viii) Training for reservations agents, ticket agents, and other departments;\n\n(ix) Ongoing carrier information systems costs;\n\n(x) Ongoing computer reservations systems costs; and\n\n(xi) Airline Reporting Corporation fees.\n\n(2) The FAA may determine a new compensation level based on an analysis of the data provided under paragraph (c)(1) of this section, if the data is submitted by carriers representing at least 75 percent of PFCs collected nationwide.\n\n(3) Any new compensation level determined by the FAA under paragraph (c)(2) of this section will replace the level identified in paragraph (a)(1) of this section."], ["14:14:3.0.1.3.29.4.3.1", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "D", "Subpart D\u2014Reporting, Recordkeeping and Audits", "", "\u00a7 158.61 General.", "FAA", "", "", "", "This subpart contains the requirements for reporting, recordkeeping and auditing of accounts maintained by collecting carriers and by public agencies."], ["14:14:3.0.1.3.29.4.3.2", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "D", "Subpart D\u2014Reporting, Recordkeeping and Audits", "", "\u00a7 158.63 Reporting requirements: Public agency.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28851, May 23, 2007]", "(a) The public agency must provide quarterly reports to air carriers collecting PFCs for the public agency with a copy to the appropriate FAA Airports Office. The quarterly report must include:\n\n(1) Actual PFC revenue received from collecting air carriers, interest earned, and project expenditures for the quarter;\n\n(2) Cumulative actual PFC revenue received, interest earned, project expenditures, and the amount committed for use on currently approved projects, including the quarter;\n\n(3) The PFC level for each project; and\n\n(4) Each project's current schedule.\n\n(b) The report shall be provided on or before the last day of the calendar month following the calendar quarter or other period agreed by the public agency and collecting carrier.\n\n(c) For medium and large hub airports, the public agency must provide to the FAA, by July 1 of each year, an estimate of PFC revenue to be collected for each airport in the following fiscal year."], ["14:14:3.0.1.3.29.4.3.3", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "D", "Subpart D\u2014Reporting, Recordkeeping and Audits", "", "\u00a7 158.65 Reporting requirements: Collecting air carriers.", "FAA", "", "", "[Docket FAA-2006-23730, 72 FR 28851, May 23, 2007]", "(a) Each air carrier collecting PFCs for a public agency must provide quarterly reports to the public agency unless otherwise agreed by the collecting air carrier and public agency, providing an accounting of funds collected and funds remitted.\n\n(1) Unless otherwise agreed by the collecting air carrier and public agency, reports must state:\n\n(i) The collecting air carrier and airport involved,\n\n(ii) The total PFC revenue collected,\n\n(iii) The total PFC revenue refunded to passengers,\n\n(iv) The collected revenue withheld for reimbursement of expenses under \u00a7 158.53, and\n\n(v) The dates and amounts of each remittance for the quarter.\n\n(2) The report must be filed by the last day of the month following the calendar quarter or other period agreed by the collecting carrier and public agency for which funds were collected.\n\n(b) A covered air carrier must provide the FAA with:\n\n(1) A copy of its quarterly report by the established schedule under paragraph (a) of this section; and\n\n(2) A monthly PFC account statement delivered not later than the fifth day of the following month. This monthly statement must include:\n\n(i) The balance in the account on the first day of the month,\n\n(ii) The total funds deposited during the month,\n\n(iii) The total funds disbursed during the month, and\n\n(iv) The closing balance in the account."], ["14:14:3.0.1.3.29.4.3.4", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "D", "Subpart D\u2014Reporting, Recordkeeping and Audits", "", "\u00a7 158.67 Recordkeeping and auditing: Public agency.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28851, May 23, 2007]", "(a) Each public agency shall keep any unliquidated PFC revenue remitted to it by collecting carriers on deposit in an interest bearing account or in other interest bearing instruments used by the public agency's airport capital fund. Interest earned on such PFC revenue shall be used, in addition to the principal, to pay the allowable costs of PFC-funded projects. PFC revenue may only be commingled with other public agency airport capital funds in deposits or interest bearing instruments.\n\n(b) Each public agency shall establish and maintain for each approved application a separate accounting record. The accounting record shall identify the PFC revenue received from the collecting carriers, interest earned on such revenue, the amounts used on each project, and the amount reserved for currently approved projects.\n\n(c) At least annually during the period the PFC is collected, held or used, each public agency shall provide for an audit of its PFC account. The audit shall be performed by an accredited independent public accountant and may be of limited scope. The accountant shall express an opinion of the fairness and reasonableness of the public agency's procedures for receiving, holding, and using PFC revenue. The accountant shall also express an opinion on whether the quarterly report required under \u00a7 158.63 fairly represents the net transactions within the PFC account. The audit may be\u2014\n\n(1) Performed specifically for the PFC account; or\n\n(2) Conducted as part of an audit under Office of Management and Budget Circular A-133 (the Single Audit Act of 1984, Pub. L. 98-502, and the Single Audit Act Amendments of 1996, Pub. L. 104-156) provided the auditor specifically addresses the PFC.\n\n(3) Upon request, a copy of the audit shall be provided to each collecting carrier that remitted PFC revenue to the public agency in the period covered by the audit and to the Administrator."], ["14:14:3.0.1.3.29.4.3.5", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "D", "Subpart D\u2014Reporting, Recordkeeping and Audits", "", "\u00a7 158.69 Recordkeeping and auditing: Collecting carriers.", "FAA", "", "", "", "(a) Collecting carriers shall establish and maintain for each public agency for which they collect a PFC an accounting record of PFC revenue collected, remitted, refunded and compensation retained under \u00a7 158.53(a) of this part. The accounting record shall identify the airport at which the passengers were enplaned.\n\n(b) Each collecting carrier that collects more than 50,000 PFC's annually shall provide for an audit at least annually of its PFC account.\n\n(1) The audit shall be performed by an accredited independent public accountant and may be of limited scope. The accountant shall express an opinion on the fairness and reasonableness of the carrier's procedures for collecting, holding, and dispersing PFC revenue. The opinion shall also address whether the quarterly reports required under \u00a7 158.65 fairly represent the net transactions in the PFC account.\n\n(2) For the purposes of an audit under this section, collection is defined as the point when agents or other intermediaries remit PFC revenue to the carrier.\n\n(3) Upon request, a copy of the audit shall be provided to each public agency for which a PFC is collected."], ["14:14:3.0.1.3.29.4.3.6", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "D", "Subpart D\u2014Reporting, Recordkeeping and Audits", "", "\u00a7 158.71 Federal oversight.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000]", "(a) The Administrator may periodically audit and/or review the use of PFC revenue by a public agency. The purpose of the audit or review is to ensure that the public agency is in compliance with the requirements of this part and 49 U.S.C. 40117.\n\n(b) The Administrator may periodically audit and/or review the collection and remittance by the collecting carriers of PFC revenue. The purpose of the audit or review is to ensure collecting carriers are in compliance with the requirements of this part and 49 U.S.C. 40117.\n\n(c) Public agencies and carriers shall allow any authorized representative of the Administrator, the Secretary of Transportation, or the Comptroller General of the U.S., access to any of its books, documents, papers, and records pertinent to PFC's"], ["14:14:3.0.1.3.29.5.3.1", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "E", "Subpart E\u2014Termination", "", "\u00a7 158.81 General.", "FAA", "", "", "[Docket FAA-2006-23730, 72 FR 28851, May 23, 2007]", "This subpart contains the procedures for termination of PFCs or loss of Federal airport grant funds for violations of this part or 49 U.S.C. 40117. This subpart does not address the circumstances under which the authority to collect PFCs may be terminated for violations of 49 U.S.C. 47523 through 47528."], ["14:14:3.0.1.3.29.5.3.2", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "E", "Subpart E\u2014Termination", "", "\u00a7 158.83 Informal resolution.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000]", "The Administrator shall undertake informal resolution with the public agency or any other affected party if, after review under \u00a7 158.71, the Administrator cannot determine that PFC revenue is being used for the approved projects in accordance with the terms of the Administrator's approval to impose a PFC for those projects or with 49 U.S.C. 40117."], ["14:14:3.0.1.3.29.5.3.3", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "E", "Subpart E\u2014Termination", "", "\u00a7 158.85 Termination of authority to impose PFC's.", "FAA", "", "", "", "(a) The FAA begins proceedings to terminate the public agency's authority to impose a PFC only if the Administrator determines that informal resolution is not successful.\n\n(b) The Administrator publishes a notice of proposed termination in the  Federal Register  and supplies a copy to the public agency. This notice will state the scope of the proposed termination, the basis for the proposed action and the date for filing written comments or objections by all interested parties. This notice will also identify any corrective actions the public agency can take to avoid further proceedings. The due date for comments and corrective action shall be no less than 60 days after publication of the notice.\n\n(c) If corrective action has not been taken as prescribed by the Administrator, the FAA holds a public hearing, and notice is given to the public agency and published in the  Federal Register  at least 30 days prior to the hearing. The hearing will be in a form determined by the Administrator to be appropriate to the circumstances and to the matters in dispute.\n\n(d) The Administrator publishes the final decision in the  Federal Register.  Where appropriate, the Administrator may prescribe corrective action, including any corrective action the public agency may yet take. A copy of the notice is also provided to the public agency.\n\n(e) Within 10 days of the date of publication of the notice of the Administrator's decision, the public agency shall\u2014\n\n(1) Advise the FAA in writing that it will complete any corrective action prescribed in the decision within 30 days; or\n\n(2) Provide the FAA with a listing of the air carriers and foreign air carriers operating at the airport and all other issuing carriers that have remitted PFC revenue to the public agency in the preceding 12 months.\n\n(f) When the Administrator's decision does not provide for corrective action or the public agency fails to complete such action, the FAA provides a copy of the  Federal Register  notice to each air carrier and foreign air carrier identified in paragraph (e) of this section. Such carriers are responsible for terminating or modifying PFC collection no later than 30 days after the date of notification by the FAA."], ["14:14:3.0.1.3.29.5.3.4", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "E", "Subpart E\u2014Termination", "", "\u00a7 158.87 Loss of Federal airport grant funds.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000]", "(a) If the Administrator determines that revenue derived from a PFC is excessive or is not being used as approved, the Administrator may reduce the amount of funds otherwise payable to the public agency under 49 U.S.C. 47114. Such a reduction may be made as a corrective action under \u00a7 158.83 or \u00a7 158.85 of this part.\n\n(b) The amount of the reduction under paragraph (a) of this section shall equal the excess collected, or the amount not used in accordance with this part.\n\n(c) A reduction under paragraph (a) of this section shall not constitute a withholding of approval of a grant application or the payment of funds under an approved grant within the meaning of 49 U.S.C. 47111(d)."], ["14:14:3.0.1.3.29.6.3.1", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "F", "Subpart F\u2014Reduction in Airport Improvement Program Apportionment", "", "\u00a7 158.91 General.", "FAA", "", "", "", "This subpart describes the required reduction in funds apportioned to a large or medium hub airport that imposes a PFC."], ["14:14:3.0.1.3.29.6.3.2", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "F", "Subpart F\u2014Reduction in Airport Improvement Program Apportionment", "", "\u00a7 158.93 Public agencies subject to reduction.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000]", "The funds apportioned under 49 U.S.C. 47114 to a public agency for a specific primary commercial service airport that it controls are reduced if\u2014\n\n(a) Such airport enplanes 0.25 percent or more of the total annual enplanements in the U.S., and\n\n(b) The public agency imposes a PFC at such airport."], ["14:14:3.0.1.3.29.6.3.3", 14, "Aeronautics and Space", "I", "I", "158", "PART 158\u2014PASSENGER FACILITY CHARGES (PFC'S)", "F", "Subpart F\u2014Reduction in Airport Improvement Program Apportionment", "", "\u00a7 158.95 Implementation of reduction.", "FAA", "", "", "[Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000]", "(a) A reduction in apportioned funds will not take effect until the first fiscal year following the year in which the collection of the PFC is begun and will be applied in each succeeding fiscal year in which the public agency imposes the PFC.\n\n(b) The reduction in apportioned funds is calculated at the beginning of each fiscal year and shall be an amount equal to\u2014\n\n(1) In the case of a fee of $3 or less, 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and\n\n(2) In the case of a fee of more than $3, 75 percent of the projected revenues from the fee in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.\n\n(c) If the projection of PFC revenue in a fiscal year is inaccurate, the reduction in apportioned funds may be increased or decreased in the following fiscal year, except that any further reduction shall not cause the total reduction to exceed 50 percent of such apportioned amount as would otherwise be apportioned in any fiscal year."], ["21:21:2.0.1.1.35.1.1.1", 21, "Food and Drugs", "I", "B", "158", "PART 158\u2014FROZEN VEGETABLES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.3 Definitions.", "FDA", "", "", "[42 FR 14461, Mar. 15, 1977]", "For the purposes of this part the following definitions shall apply:\n\n(a)  Lot.  A collection of primary containers or units of the same size, type and style manufactured or packed under similar conditions and handled as a single unit of trade.\n\n(b)  Lot size.  The number of primary containers or units (pounds when in bulk) in the lot.\n\n(c)  Sample size.  The total number of sample units drawn for examination from a lot.\n\n(d)  Sample unit.  A container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for the examination or testing as a single unit.\n\n(e)  Defective.  Any sample unit shall be regarded as defective when the sample unit does not meet the criteria set forth in the standards.\n\n(f)  Acceptance number.  The maximum number of defective sample units permitted in the sample in order to consider the lot as meeting the specified requirements. The following acceptance numbers shall apply:\n\n1   n  = number of sample units.\n\n2   c  = acceptance number.\n\n(g)  Acceptable quality level  ( AQL ). The maximum percent of defective sample units permitted in a lot that will be accepted approximately 95 percent of the time."], ["21:21:2.0.1.1.35.2.1.1", 21, "Food and Drugs", "I", "B", "158", "PART 158\u2014FROZEN VEGETABLES", "B", "Subpart B\u2014Requirements for Specific Standardized Frozen Vegetables", "", "\u00a7 158.170 Frozen peas.", "FDA", "", "", "[42 FR 14461, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977; 58 FR 2883, Jan. 6, 1993]", "(a)  Identity \u2014(1)  Product definition.  Frozen peas is the food in \u201cpackage\u201d form as that term is defined in \u00a7 1.20 of this chapter, prepared from the succulent seed of the pea plant of the species  Pisum sativum  L. Any suitable variety of pea may be used. It is blanched, drained, and preserved by freezing in such a way that the range of temperature of maximum crystallization is passed quickly. The freezing process shall not be regarded as complete until the product temperature has reached \u221218 \u00b0C (0 \u00b0F) or lower at the thermal center, after thermal stabilization. Such food may contain one, or any combination of two or more, of the following safe and suitable optional ingredients:\n\n(i) Natural and artificial flavors.\n\n(ii) Condiments such as spices and mint leaves.\n\n(iii) Dry nutritive carbohydrate sweeteners.\n\n(iv) Salt.\n\n(v) Monosodium glutamate and other glutamic acid salts.\n\n(2)  Size specifications.  If size graded, frozen peas shall contain not less than 80 percent by weight of peas of the size declared or of smaller sizes. The sample unit may not contain more than 20 percent by weight of peas of the next two larger sizes, of which not more than one quarter by weight of such peas may be of the larger of these two sizes, and may contain no peas larger than the next two larger sizes, if such there be. The following sizes and designations shall apply:\n\n(3)  Labeling.  The name of the product is \u201cpeas\u201d. The term \u201cearly\u201d, \u201cJune\u201d, or \u201cearly June\u201d shall precede or follow the name in the case of smooth-skin or substantially smooth-skin peas, such as Alaska-type peas. Where the peas are of sweet green wrinkled varieties, the name may include the designation \u201csweet\u201d, \u201cgreen\u201d, \u201cwrinkled\u201d, or any combination thereof. The label shall contain the words \u201cfrozen\u201d or \u201cquick frozen\u201d. The name of the food shall include a declaration of any flavoring that characterizes the product as specified in \u00a7 101.22 of this chapter and a declaration of any condiment such as spices and mint leaves that characterizes the product, e.g., \u201cSpice added\u201d. Where a statement of pea size is made, such statement shall indicate either the size designation as specified in paragraph (a)(2) of this section or the applicable sieve size. However, the optional descriptive words \u201cpetite\u201d or \u201ctiny\u201d may be used in conjunction with the product name when an average of 80 percent or more of the peas will pass through a circular opening of a diameter of 8.75 mm (0.34 in) or less for sweet green wrinkled peas and 8.2 mm (0.32 in) for smooth-skin or substantially smooth-skin peas, such as Alaska-type peas.\n\n(4)  Label declaration.  Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter.\n\n(b)  Quality.  (1) The standard of quality for frozen peas is as follows:\n\n(i) Not more than 4 percent by weight blond peas, i.e., yellow or white but edible peas;\n\n(ii) Not more than 10 percent by weight blemished peas, i.e., slightly stained or spotted peas;\n\n(iii) Not more than 2 percent by weight seriously blemished peas, i.e., peas that are hard, shrivelled, spotted, discolored or otherwise blemished to an extent that the appearance or eating quality is seriously affected.\n\n(iv) Not more than 15 percent by weight pea fragments, i.e., portions of peas, separated or individual cotyledons, crushed, partial or broken cotyledons and loose skins, but excluding entire intact peas with skins detached;\n\n(v) Not more than 0.5 percent by weight, or more than 12 sq cm (2 sq in) in area, extraneous vegetable material, i.e., vine or leaf or pod material from the pea plant or other such material per sample unit as defined in paragraph (b) of this section.\n\n(vi) The sum of the pea material described in paragraphs (b)(1) (i), (ii), (iii), and (iv) of this section shall not exceed 15 percent.\n\n(vii) For peas that meet the organoleptic and analytical characteristics of sweet green wrinkled varieties:\n\n( a ) The alcohol-insoluble solids may not be more than 19 percent based on the procedure set forth in paragraph (b)(3) of this section.\n\n( b ) Not more than 15 percent by count of the peas may sink in a solution containing 16 percent salt by weight according to the brine flotation test set forth in paragraph (b)(4) of this section;\n\n(viii) For smooth-skin or substantially smooth-skin varieties the alcohol insoluble solids may not be more than 23 percent based on the procedure set forth in paragraph (b)(3) of this section.\n\n(ix) The quality of a lot shall be considered acceptable when the number of defectives does not exceed the acceptance number in the sampling plans set forth in \u00a7 158.3(f).\n\n(2) The sample unit for determining compliance with the requirements of paragraph (b)(1) of this section other than those of paragraphs (b)(1)(vii)( a ) and (b)(1)(viii) of this section, shall be 500 g (17.6 oz). For the determination of alcohol-insoluble solids as specified in paragraph (b)(3) of this section, the container may be the sample unit.\n\n(3)  Alcohol-insoluble solids determination.  (i) Extracting solutions:\n\n( a ) One hundred parts of ethanol denatured with five parts of methanol volume to volume (formula 3A denatured alcohol), or\n\n( b ) A mixture of 95 parts of formula 3A denatured alcohol and five parts of isopropanol v/v.\n\n(ii) Eighty percent alcohol (8 liters of extracting solutions, specified in paragraph (b)(3)(i) ( a ) or ( b ) of this section, diluted to 9.5 liters with water).\n\n(iii) Drying dish\u2014a flat-bottom dish with a tight fitting cover.\n\n(iv) Drying oven\u2014a properly ventilated oven thermostatically controlled at 100\u00b12 \u00b0C.\n\n(v) Procedure\u2014Transfer frozen contents of package to plastic bag; tie bag securely and immerse in water bath with continuous flow at room temperature. Avoid agitation of bag during thawing by using clamps or weights. When sample completely thaws, remove bag, blot off adhering water, and transfer peas to U.S. No. 8 sieve, using (20 cm.) size for container of less than 3 lb. net weight and (30.5 cm.) for larger quantities. Without shifting peas, incline sieve to aid drainage, drain 2 minutes. With cloth wipe surplus water from lower screen surface. Weigh 250 g. of peas into high-speed blender, add 250 g. of water and blend to smooth paste. For less than 250 g. sample, use entire sample with equal weight of water. Weight 20 g.\u00b110 mg. of the paste into 250 ml. distillation flask, add 120 ml. of extracting solutions specified in paragraph (b)(3)(i) ( a ) or ( b ) of this section, and reflux 30 minutes on steam or water bath or hotplate. Fit into a buchner funnel a filter paper of appropriate size (previously prepared by drying in flatbottom dish for 2 hours in drying oven, covering, cooling in desiccator, and weighing). Apply vacuum to buchner funnel and transfer contents of beaker so as to avoid running over edge of paper. Aspirate to dryness and wash material on filter with 80 percent alcohol until washings are clear and colorless. Transfer paper and alcohol-insoluble solids to drying dish used to prepare paper, dry uncovered for 2 hours in drying oven, cover, cool in desiccator, and weigh at once. From this weight deduct weight of dish, cover, and paper. Calculate percent by weight of alcohol-insoluble solids.\n\n(4)  Brine flotation test.  (i) Explanation\u2014The brine flotation test utilizes salt solutions of various specific gravities to separate the peas according to maturity. The brine solutions are based on the percentage by weight of pure salt (NaCl) in solution at 20 \u00b0C. In making the test the brine solutions are standardized to the proper specific gravity equivalent to the specified \u201cpercent of salt solutions at 20 \u00b0C\u201d by using a salometer spindle accurately calibrated at 20 \u00b0C. A 250 ml glass beaker or similar receptacle is filled with the brine solution to a depth of approximately 50 mm. The brine solution and sample (100 peas per container) must be at the same temperature and should closely approximate 20 \u00b0C.\n\n(ii) Procedure\u2014After carefully removing the skins from the peas, place the peas into the solution. Pieces of peas and loose skins should not be used in making the brine flotation test. If cotyledons divide, use both cotyledons in the test and consider the two separated cotyledons as 1 pea; and, if an odd cotyledon sinks, consider it as one pea. Only peas that sink to the bottom of the receptacle within 10 seconds after immersion are counted as \u201cpeas that sink\u201d.\n\n(5) If the quality of the frozen peas falls below the standard prescribed in paragraph (b)(1) of this section, the label shall bear the general statement of substandard quality specified in the Code of Federal Regulations but in lieu of the words prescribed in the second line of the rectangle the following words may be used where the frozen peas fall below the standard in only one respect: \u201cBelow standard in quality ______\u201d, the blank to be filled in with the specific reason for substandard quality as listed in the standard."], ["33:33:2.0.1.5.25.1.194.1", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.100 Purpose.", "USCG", "", "", "[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]", "This part establishes the following:\n\n(a) Criteria for determining the adequacy of reception facilities.\n\n(b) Procedures for certifying that reception facilities are adequate for receiving\u2014\n\n(1) Oily mixtures from oceangoing tankers and any other oceangoing ships of 400 gross tons or more;\n\n(2) NLS residue from oceangoing ships; or\n\n(3) Garbage from ships.\n\n(c) Standards for ports and terminals to reduce NLS residue."], ["33:33:2.0.1.5.25.1.194.10", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.160 Issuance and termination of a Certificate of Adequacy.", "USCG", "", "", "[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010]", "(a) After reviewing an application made under \u00a7 158.140(a)(1), the COTP determines by inspection the following:\n\n(1) When the application is made on Form A, whether or not the reception facility meets Subpart B of this part.\n\n(2) When the application is made on Form B, whether or not the reception facility and the port, or the reception facility and the terminal, meet Subpart C of this part.\n\nIf in the instruction manual required by \u00a7 158.330(b) there is a certification by a registered professional engineer licensed by a state or the District of Columbia that the backpressure requirements under \u00a7 158.330(a) are met, the COTP determines whether or not to accept this finding.\n\n(b) After the inspections under paragraph (a) are conducted, and after consulting with the Administrator of the Environmental Protection Agency (EPA) or his or her designee, the COTP.\n\n(1) Issues a Certificate of Adequacy to the person in charge for the port or terminal; or\n\n(2) Denies the application and informs the person in charge in writing of the reasons for the denial.\n\n(c) After reviewing an application made under \u00a7 158.140(a)(2), the COTP\u2014\n\n(1) Issues a Certificate of Adequacy to the person in charge for the port or terminal; or\n\n(2) Denies the application and informs the person in charge in writing of the reasons for the denial.\n\n(d) In order to remain valid, the Certificate of Adequacy must have attached to it any waivers that are granted under \u00a7 158.150 when the Certificate of Adequacy is issued.\n\n(e) Each Certificate of Adequacy remains valid for a period of five years or until\u2014\n\n(1) Suspended;\n\n(2) Revoked; or\n\n(3) This part no longer applies to the port or terminal."], ["33:33:2.0.1.5.25.1.194.11", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.163 Reception facility operations.", "USCG", "", "", "[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18409, Apr. 28, 1989]", "(a) Each person in charge and each person who is in charge of a reception facility shall ensure that the reception facility does not operate in a manner that violates any requirement under this part.\n\n(b) A copy of the Certificate of Adequacy issued for the port or terminal must be\u2014\n\n(1) At each port and terminal under this part; and\n\n(2) Available for inspection by the COTP and the master, operator, person who is in charge of a ship, or agent for a ship.\n\n(c) Ports and terminals required to have an Operations Manual under this chapter or 46 CFR Chapter 1 must have a copy of the Certificate of Adequacy issued for the port or terminal, including any waivers, attached to that Operations Manual."], ["33:33:2.0.1.5.25.1.194.12", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.165 Certificate of Adequacy: Change of information.", "USCG", "", "", "[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18409, Apr. 28, 1989; 55 FR 35988, Sept. 4, 1990]", "(a) Except as required in paragraph (b) of this section, the person in charge shall notify the COTP in writing within 10 days after any information required in section 2, 3A, 3G, or 3H, of Form A or section 2, 5A, or 5C of Form B changes.\n\n(b) The person in charge shall notify the COTP in writing within 30 days after any information required in the following is changed:\n\n(1) Form A, sections 1, 3B, 3C, 3E, 3F, 3I, or 3J.\n\n(2) Form B, sections 1, 3, 4, 5B, 5D, 5E, 5F or 5G.\n\n(3) Form C, sections A1, B1, B2, or D4.\n\n(c) The person in charge shall maintain at the port or terminal a copy of the information submitted under paragraphs (a) and (b) of this section, until a corrected Certificate of Adequacy is received from the COTP."], ["33:33:2.0.1.5.25.1.194.13", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.167 Reporting inadequate reception facilities.", "USCG", "", "", "[CGD 88-002, 54 FR 18409, Apr. 28, 1989]", "Any person may report to the local Coast Guard COTP that reception facilities required by these regulations or MARPOL 73/78 are inadequate. Reports of inadequate reception facilities may be made orally, in writing or by telephone."], ["33:33:2.0.1.5.25.1.194.14", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.170 Grounds for suspension.", "USCG", "", "", "", "The COTP may suspend a Certificate of Adequacy if\u2014\n\n(a) Deficiencies recur or significantly affect the adequacy of the reception facility;\n\n(b) Continued operations will result in undue delay to ships calling at the port or terminal;\n\n(c) There is a failure to accept NLS residue from a ship after it's cargo tanks are prewashed in accordance with 46 CFR 153.1120; or\n\n(d) There is a substantial threat of discharge of oil or NLS into or upon the navigable waters of the United States or adjoining shorelines."], ["33:33:2.0.1.5.25.1.194.15", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.172 Notification of a suspension order.", "USCG", "", "", "", "(a) If the COTP has grounds for an immediate suspension of or is considering suspending a Certificate of Adequacy, the COTP notifies the person in charge of the intended action. Each notification of a suspension order, whether oral or written, includes\u2014\n\n(1) The grounds for the suspension;\n\n(2) The date when the suspension becomes effective; and\n\n(3) Information on how the suspension may be withdrawn, including all corrective actions required.\n\n(b) If the suspension order is made orally, the COTP issues a suspension order in writing within five days after the initial notification."], ["33:33:2.0.1.5.25.1.194.16", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.174 Suspension of a Certificate of Adequacy: Procedure.", "USCG", "", "", "", "(a) If no evidence or arguments are submitted in response to a notification of a suspension order, the suspension is effective on the date stated in the order.\n\n(b) If any petition for withdrawing a suspension order is submitted in response to a notification of a suspension order, the COTP considers the evidence or arguments and notifies the person in charge of any action taken including\u2014\n\n(1) Denial of the petition for withdrawing a suspension order;\n\n(2) Initiation of civil or criminal penalty action under subpart 1.07 of part 1 of this chapter; or\n\n(3) Withdrawing the suspension order."], ["33:33:2.0.1.5.25.1.194.17", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.176 Effect of suspension of a Certificate of Adequacy.", "USCG", "", "", "", "After the COTP notifies the person in charge and places a suspension order in effect, the COTP denies entry of ships to the port or terminal while the Certificate of Adequacy is suspended."], ["33:33:2.0.1.5.25.1.194.18", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.178 Actions during a suspension.", "USCG", "", "", "", "(a) If a Certificate of Adequacy is suspended for longer than a five day period, the person in charge shall return it to the COTP within five days after the suspension becomes effective.\n\n(b) After the suspension is in effect, the COTP may\u2014\n\n(1) Terminate the suspension order after receiving information from the person in charge that corrective action has been taken; or\n\n(2) Revoke the Certificate of Adequacy if no significant action is undertaken by the person in charge to meet any measures ordered by the COTP."], ["33:33:2.0.1.5.25.1.194.19", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.180 Certificate of Adequacy: Procedures after revocation or the part no longer applies.", "USCG", "", "", "", "(a) If a Certificate of Adequacy is revoked, the person in charge shall return it to the COTP within five days after the revocation becomes effective.\n\n(b) When this part no longer applies to the port or terminal, the person in charge shall return the Certificate of Adequacy to the COTP within 30 days after this part no longer applies.\n\n(c) After the Certificate of Adequacy has been returned to the COTP under paragraph (a) or (b) of this section, an application for a new Certificate of Adequacy may be submitted under \u00a7 158.140."], ["33:33:2.0.1.5.25.1.194.2", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.110 Applicability.", "USCG", "", "", "[CGD 88-002, 54 FR 18407, Apr. 28, 1989, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "(a) Subparts B, C, and E apply to each port and each terminal located in the United States or subject to the jurisdiction of the United States that is\u2014\n\n(1) Used by oceangoing tankers, or any other oceangoing ships of 400 gross tons or more, carrying oily mixtures, or by oceangoing ships to transfer NLSs, except those ports and terminals that are used only by\u2014\n\n(i) Tank barges that are not configured and are not equipped to ballast or wash cargo tanks while proceeding enroute;\n\n(ii) Ships carrying NLS operating under waivers under 46 CFR 153.491(b); or\n\n(2) A ship repair yard that services oceangoing ships carrying oil or NLS residue.\n\n(b) Subpart D applies to each port and terminal located in the United States or subject to the jurisdiction of the United States."], ["33:33:2.0.1.5.25.1.194.20", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.190 Appeals.", "USCG", "", "", "[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR 38439, July 7, 2014]", "(a) Any person directly affected by an action taken under this part may request reconsideration by the Coast Guard officer responsible for that action.\n\n(b) Except as provided under paragraph (e) of this section, the person affected who is not satisfied with a ruling after having it reconsidered under paragraph (a) of this section may\u2014\n\n(1) Appeal that ruling in writing within 30 days after the ruling to the Coast Guard District Commander of the district in which the action was taken; and\n\n(2) Supply supporting documentation and evidence that the appellant wishes to have considered.\n\n(c) The District Commander issues a ruling after reviewing the appeal submitted under paragraph (b) of this section. Except as provided under paragraph (e) of this section, the person affected who is not satisfied with this ruling may\u2014\n\n(1) Appeal that ruling in writing within 30 days after the ruling to the Commandant (CG-5P), Attn: Deputy for Operations Policy and Capabilities, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501; and\n\n(2) Supply supporting documentation and evidence that the appellant wishes to have considered.\n\n(d) After reviewing the appeal submitted under paragraph (c) of this section, the Assistant Commandant for Marine Safety, Security and Environmental Protection issues a ruling which is final agency action.\n\n(e) If the delay in presenting a written appeal has an adverse impact on the operations of the appellant, the appeal under paragraph (b) or (c) of this section\u2014\n\n(1) May be presented orally; and\n\n(2) Must be submitted in writing within five days after the oral presentation\u2014\n\n(i) With the basis for the appeal and a summary of the material presented orally; and\n\n(ii) To the same Coast Guard official who heard the oral presentation."], ["33:33:2.0.1.5.25.1.194.3", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.115 Penalties for violation.", "USCG", "", "", "[CGD 88-002, 54 FR 18407, Apr. 28, 1989]", "(a) A person who violates MARPOL 73/78, the Act, or the regulations of this part is liable for a civil penalty not to exceed $25,000 for each violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation constitutes a separate violation.\n\n(b) A person who makes a false, fictitious statement or fraudulent representation in any matter in which a statement or representation is required to be made to the Coast Guard under MARPOL 73/78, the Act, or the regulations of this part, is liable for a civil penalty not to exceed $5,000 for each statement or representation, as provided by 33 U.S.C. 1908(b)(2).\n\n(c) A person who knowingly violates MARPOL 73/78, the Act, or the regulations of this part is liable for a fine for each violation, of not more than $50,000 dollars, or imprisonment for not more than 5 years, or both, as provided by 33 U.S.C. 1908(a)."], ["33:33:2.0.1.5.25.1.194.4", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.120 Definitions.", "USCG", "", "", "[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001; USCG-2008-0179, 73 FR 35015, June 19, 2008]", "As used in this part:\n\nBunker oil  means oil loaded into bunker tanks for use as fuel.\n\nCaptain of the Port  (COTP) means the Coast Guard officer commanding a Captain of the Port Zone described in part 3 of this chapter.\n\nCertificate of Adequacy  means a document issued by the Coast Guard or other authorized agency that certifies a port or terminal meets the requirements of this part with respect to reception facilities required under the Act and MARPOL 73/78, and has Form A, Form B, or Form C attached.\n\nClean ballast  has the same meaning as in \u00a7 157.03(e) of this chapter.\n\nCommandant  means Commandant, U.S. Coast Guard.\n\nCommercial fishing facility  means docks, piers, processing houses, or other facilities which receive commercial fishery products from ships.\n\nDaily vessel average  means the total number of oceangoing tankers, or any other oceangoing ships of 400 gross tons or more, carrying residues and mixtures containing oil, serviced over a typical continuous 12 month period, divided by 365.\n\nForm A  means the application for a reception facility Certificate of Adequacy for oil, Coast Guard form USCG-CG-5401A (9-85).\n\nForm B  means the application for a reception facility Certificate of Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87).\n\nForm C  means the application for a Certificate of Adequacy for a Reception Facility for Garbage, Coast Guard form USCG-CG-5401C. \u201cGarbage\u201d means all kinds of victual, domestic, and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except dishwater, graywater, and those substances that are defined or listed in other annexes to MARPOL 73/78. \u201cHarmful substance\u201d means any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, and includes any substance subject to control by MARPOL 73/78.\n\nHigh viscosity NLS  includes Category A NLSs having a viscosity of at least 25 mPa.s at 20 \u00b0C and of at least 25 mPa.s at the time they are unloaded, high viscosity Category B NLSs, and high viscosity Category C NLSs.\n\nHigh viscosity Category B NLS  means any Category B NLS having a viscosity of at least 25 mPa.s at 20 \u00b0C and at least 25 mPa.s at the time it is unloaded.\n\nHigh viscosity Category C NLS  means any Category C NLS having a viscosity of at least 60 mPa.s at 20 \u00b0C and at least 60 mPa.s at the time it is unloaded.\n\nMARPOL 73/78  means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention. A copy of MARPOL 73/78 is available from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR, England.\n\nMedical waste  means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes and potentially contaminated laboratory wastes, dialysis wastes, and such additional medical items as prescribed by the Administrator of the EPA by regulation. \u201cMineral and oil industry shorebase\u201d means a place or onshore structure or facility which is a base of operations for ships serving the mineral and oil industry.\n\nNoxious liquid substance  (NLS) means\u2014\n\n(1) Each substance listed in \u00a7 151.47 or \u00a7 151.49 of this chapter;\n\n(2) Each substance having an \u201cA\u201d, \u201cB\u201d, \u201cC\u201d, or \u201cD\u201d beside it's name in the column headed \u201cPollution Category\u201d in table 1 of 46 CFR part 153; and\n\n(3) Each substance that is identified as an NLS in a written permission issued under 46 CFR 153.900(d).\n\nOceangoing ship  means a ship that\u2014\n\n(1) Is operated under the authority of the United States and engages in international voyages;\n\n(2) Is operated under the authority of the United States and is certificated for ocean service;\n\n(3) Is operated under the authority of the United States and is certificated for coastwise service beyond three miles from land;\n\n(4) Is operated under the authority of the United States and operates at any time seaward of the outermost boundary of the territorial sea of the United States as defined in \u00a7 2.22 of this chapter; or\n\n(5) Is operated under the authority of a country other than the United States.\n\nA Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting and tributary waters, or exclusively on the internal waters of the United States and Canada, is not an \u201coceangoing ship.\u201d\n\nOil  means petroleum whether in solid, semi-solid, emulsified, or liquid form, including but not limited to, crude oil, fuel oil, sludge, oil refuse, oil residue, and refined products, and, without limiting the generality of the foregoing, includes the substances listed in Appendix I of Annex I of MARPOL 73/78. \u201cOil\u201d does not include animal and vegetable based oil or noxious liquid substances (NLS) designated under Annex II of MARPOL 73/78.\n\nOil cargo residue  means any residue of oil cargo whether in solid, semi-solid, emulsified, or liquid form from cargo tanks and cargo pump room bilges, including but not limited to, drainages, leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any constituent component of oil. The term \u201coil cargo residue\u201d is also known as \u201ccargo oil residue.\u201d\n\nOil residue  means\u2014\n\n(1) Oil cargo residue; and\n\n(2) Other residue of oil resulting from drainages, leakages, exhausted oil, and other similar occurrences from machinery spaces.\n\nOily mixture  means a mixture, in any form, with any oil content. \u201cOily mixture\u201d includes, but is not limited to\u2014\n\n(1) Slops from bilges;\n\n(2) Slops from oil cargoes (such as cargo tank washings, oily waste, and oily refuse);\n\n(3) Oil residue; and\n\n(4) Oily ballast water from cargo or fuel oil tanks.\n\nPerson  has the same meaning as in \u00a7 151.05(n) of this chapter.\n\nPerson in charge  means an owner, operator, or a person authorized to act on behalf of a port or terminal.\n\nThe \u201cperson in charge\u201d under this part is not necessarily the same person as the \u201cperson in charge\u201d referred to in parts 151, 154, 155, and 156 of this chapter (as defined in \u00a7 154.105 of this chapter.)\n\nPrewash  means a tank washing operation that meets the procedure in 46 CFR 153.1120.\n\nPort  means\u2014\n\n(1) A group of terminals that combines to act as a unit and be considered a port for the purposes of this part;\n\n(2) A port authority or other organization that chooses to be considered a port for the purposes of this part; or\n\n(3) A place or facility that has been specifically designated as a port by the COTP.\n\nReception facility  means anything capable of receiving shipboard oily mixtures or NLS residue, or receiving garbage, including, but not limited to\u2014\n\n(1) Fixed piping that conveys residues and mixtures from the ship to a storage or treatment system;\n\n(2) Tank barges, railroad cars, tank trucks, or other mobile facilities;\n\n(3) Containers or other receptacles that are used as temporary storage for garbage; or\n\n(4) Any combination of fixed and mobile facilities.\n\nRecreational boating facility  means a facility that is capable of providing wharfage or other services for 10 or more recreational vessels. It includes, but is not limited to, marinas, boatyards, and yacht clubs, but does not include a place or facility containing only an unattended launching ramp.\n\nRegulated NLS cargo  includes each Category A or high viscosity or solidifying Category B or C NLS cargo listed in table 1 of 46 CFR part 153 that contains a reference to \u00a7 153.908(a) or \u00a7 153.908(b) in the \u201cSpecial Requirements\u201d column of that table and is unloaded at the port or terminal within a typical continuous 12 month period either before or after application is made for a Certificate of Adequacy.\n\nResidues and mixtures containing NLSs  (NLS residue) means\u2014\n\n(1) Any Category A, B, C, or D NLS cargo retained on the ship because it fails to meet consignee specifications;\n\n(2) Any part of a Category A, B, C or D NLS cargo remaining on the ship after the NLS is discharged to the consignee, including but not limited to puddles on the tank bottom and in sumps, clingage in the tanks, and substance remaining in the pipes; or\n\n(3) Any material contaminated with Category A, B, C, or D NLS cargo, including but not limited to bilge slops, ballast, hose drip pan contents, and tank wash water.\n\nSegregated ballast  has the same meaning as contained in \u00a7 157.03(r) of this chapter.\n\nShip  means a vessel of any type whatsoever, operating in the marine environment. This includes hydrofoils, air cushion vehicles, submersibles, floating craft whether self-propelled or not, and fixed or floating drilling rigs or other platforms.\n\nSolidifying NLS  means a Category A, B, or C NLS that has a melting point\u2014\n\n(1) Greater than 0 \u00b0C but less than 15 \u00b0C and a temperature, measured under the procedure in 46 CFR 153.908(d), that is less than 5 \u00b0C above its melting point at the time it is unloaded; or\n\n(2) 15 \u00b0C or greater and has a temperature, measured under the procedure in 46 CFR 153.908(d), that is less than 10 \u00b0C above its melting point at the time it is unloaded.\n\nTank barge  has the same meaning as contained in 46 CFR 30.10-65.\n\nTanker  means a ship constructed or adapted primarily to carry oil in bulk in the cargo spaces.\n\nTerminal  means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance.\n\nThe Coast Guard interprets commercial fishing facilities, recreational boating facilities, and mineral and oil industry shorebases to be terminals for the purposes of Annex V of MARPOL 73/78, since these facilities normally provide wharfage and other services, including garbage handling, for ships. \u201cThe Act\u201d means the Act to Prevent Pollution from Ships, as amended, (33 U.S.C. 1901-1911).\n\nThe Act  means the Act to Prevent Pollution from Ships (94 Stat. 2297, 33 U.S.C. 1901  et seq )."], ["33:33:2.0.1.5.25.1.194.5", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.130 Delegations.", "USCG", "", "", "[CGD 88-002, 54 FR 18408, Apr. 28, 1989]", "Each COTP is delegated the authority to\u2014\n\n(a) Conduct inspections at ports and terminals required to have reception facilities under this part;\n\n(b) Issue Certificates of Adequacy;\n\n(c) Grant waivers under \u00a7 158.150;\n\n(d) Designate ports; and\n\n(e) Deny entry of ships to any port or terminal, except when a ship is entering under force majeure, that does not have\u2014\n\n(1) A Certificate of Adequacy if required under \u00a7 158.135; or\n\n(2) Reception facilities for garbage required under subpart D of this part."], ["33:33:2.0.1.5.25.1.194.6", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.133 Which ports and terminals must provide reception facilities?", "USCG", "", "", "[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "(a) A port or terminal which receives oceangoing tankers, or any other oceangoing ship of 400 gross tons or more, carrying oily mixtures, must have a reception facility which meets subpart B of this part.\n\n(b) A port or terminal which receives oceangoing ships carrying NLSs must have a reception facility which meets subpart C of this part.\n\n(c) All ports and terminals under the jurisdiction of the United States, including commercial fishing facilities, mineral and oil shorebases, and recreational boating facilities, must have a reception facility which meets subpart D of this part."], ["33:33:2.0.1.5.25.1.194.7", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.135 Which ports and terminals must have Certificates of Adequacy?", "USCG", "", "", "[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "To continue to receive ships, a port or terminal must hold one or more Certificates of Adequacy to show compliance with\u2014\n\n(a) Subpart B of this part if it receives oceangoing tankers, or any other oceangoing ship of 400 gross tons or more, carrying oily mixtures.\n\n(b) Subpart C of this part if it receives oceangoing ships carrying NLSs.\n\n(c) Subpart D of this part if it receives\u2014\n\n(1) The ships under paragraph (a) or (b) of this section; or\n\n(2) Fishing vessels which offload more than 500,000 pounds of commercial fishery products from all ships during a calendar year."], ["33:33:2.0.1.5.25.1.194.8", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.140 Applying for a Certificate of Adequacy.", "USCG", "", "", "[CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; 61 FR 36629, July 12, 1996]", "(a) To continue to receive ships at a port or terminal required by \u00a7 158.135 to have a Certificate of Adequacy for its reception facilities, the person in charge must apply to the Coast Guard for a certificate as follows:\n\n(1) Applicants for a Certificate of Adequacy required by \u00a7 158.135(a) or (b) must apply to the COTP of the Zone in which the port or terminal is located using Form A or Form B, respectively.\n\n(2) An applicant for a Certificate of Adequacy required by section 158.135(c) must apply on Form C to the COTP of the Zone in which the port or terminal is located.\n\n(b) Applications for Certificates of Adequacy, Forms A, B, or C, may be obtained from the local Coast Guard COTP."], ["33:33:2.0.1.5.25.1.194.9", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "A", "Subpart A\u2014General", "", "\u00a7 158.150 Waivers and alternatives.", "USCG", "", "", "", "(a) If the person in charge believes that a requirement in this part is unreasonable or impracticable for the port's or terminal's operations, the person in charge may submit a request for a waiver to the COTP. This application must\u2014\n\n(1) Be in writing; and\n\n(2) Include the\u2014\n\n(i) Reasons why the requirement is unreasonable or impracticable;\n\n(ii) Proposed alternatives that meet MARPOL 73/78; and\n\n(iii) Additional information requested by the COTP.\n\n(b) If the COTP allows the alternative proposed under paragraph (a)(2)(ii) of this section, the waiver\u2014\n\n(1) Is in writing; and\n\n(2) States each alternative that applies and the requirement under this part for which the alternative is substituted.\n\n(c) The person in charge shall ensure that each waiver issued under paragraph (b) of this section is attached to the Certificate of Adequacy issued for the port or terminal."], ["33:33:2.0.1.5.25.2.195.1", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "B", "Subpart B\u2014Criteria for Reception Facilities: Oily Mixtures", "", "\u00a7 158.200 General.", "USCG", "", "", "[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "(a) Except as allowed in paragraph (b) of this section, the facility used to meet Regulation 12 of Annex I to MARPOL 73/78 must\u2014\n\n(1) Be a reception facility as defined under \u00a7 158.120 that is available at the port or terminal;\n\n(2) Hold each Federal, State, and local permit and license required by environmental laws and regulations concerning oily mixtures; and\n\n(3) Be capable of\u2014\n\n(i) Receiving oily mixtures from oceangoing ships within 24 hours after notice by that ship;\n\n(ii) Completing the reception of ballast water containing oily mixtures from the ship in less than 10 hours after waste transfer operations begin; and\n\n(iii) Completing the reception of other oily mixtures in less than 4 hours after the transfer operation begins.\n\n(b) Reception facilities for ship repair yards do not have to meet paragraphs (a)(3)(i) through (a)(3)(iii) of this section, but must be capable of completing transfer of oily mixtures from each oceangoing ship before the ship departs from the ship repair yard."], ["33:33:2.0.1.5.25.2.195.2", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "B", "Subpart B\u2014Criteria for Reception Facilities: Oily Mixtures", "", "\u00a7 158.210 Ports and terminals loading crude oil.", "USCG", "", "", "[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "The reception facility for a crude oil loading port or terminal must have the capacity for receiving\u2014\n\n(a) Oil residue from on-board fuel and lubricating oil processing in the amount of 10 metric tons (11 short tons);\n\n(b) Bilge water containing oily mixtures in the amount of 10 metric tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by the daily vessel average, whichever quantity is greater; and\n\n(c) Ballast water containing oily mixtures in the amount of 30% of the deadweight tonnage of the largest of the oceangoing tankers loading crude oil at the port or terminal that do not have clean ballast tanks (CBT), segregated ballast tanks (SBT), or crude oil washing (COW) meeting part 157 of this subchapter, multiplied by one or the daily vessel average, whichever quantity is greater."], ["33:33:2.0.1.5.25.2.195.3", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "B", "Subpart B\u2014Criteria for Reception Facilities: Oily Mixtures", "", "\u00a7 158.220 Ports and terminals loading more than 1,000 metric tons of oil other than crude oil or bunker oil.", "USCG", "", "", "[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "The reception facility for an oil loading port or terminal that loads a daily average of more than 1,000 metric tons (1,100 short tons) of oil other than crude oil or bunker oil to oceangoing tankers must have the capacity for receiving\u2014\n\n(a) Oil residue from on-board fuel and lubricating oil processing in the amount of 10 metric tons (11 short tons);\n\n(b) Bilge water containing oily mixtures in the amount of 10 metric tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by the daily vessel average, whichever quantity is greater;\n\n(c) Ballast water containing oily mixtures in the amount of 30% of the deadweight tonnage of the largest of the oceangoing tankers loading oil other than crude oil or bunker oil, at the port or terminal, that do not have CBT or SBT meeting part 157 of this chapter, multiplied by one or the daily vessel average, whichever quantity is greater; and\n\n(d) Oil cargo residue in the amount of 0.2% of the total cargo capacity of the largest of the oceangoing tankers loading oil other than crude oil or bunker oil, at the port or terminal, multiplied by one or the daily vessel average, whichever quantity is greater."], ["33:33:2.0.1.5.25.2.195.4", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "B", "Subpart B\u2014Criteria for Reception Facilities: Oily Mixtures", "", "\u00a7 158.230 Ports and terminals other than ports and terminals under \u00a7\u00a7 158.210, 158.220, and 158.240.", "USCG", "", "", "[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "Reception facilities for ports and terminals other than those under \u00a7\u00a7 158.210, 158.220, and 158.240 of this subpart and those that are used exclusively by non-self-propelled tank barges, must have the capacity for receiving\u2014\n\n(a) Oil residue from on-board fuel and lubricating oil processing in the amount of 10 metric tons (11 short tons), or 1 metric ton (1.1 short tons) multiplied by the daily vessel average, whichever quantity is greater; and\n\n(b) Bilge water containing oily mixtures in the amount of 10 metric tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by the daily vessel average, whichever quantity is greater."], ["33:33:2.0.1.5.25.2.195.5", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "B", "Subpart B\u2014Criteria for Reception Facilities: Oily Mixtures", "", "\u00a7 158.240 Ship repair yards.", "USCG", "", "", "[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "The reception facility that services oceangoing ships using a ship repair yard must have a capacity for receiving\u2014\n\n(a) An amount of ballast from bunker tanks, and the wash water and oil residue from the cleaning of bunker tanks and oil residue (sludge) tanks, equal to 8 percent of the bunker capacity of the largest oceangoing ship serviced;\n\n(b) An amount of solid oil cargo residues from cargo tanks equal to 0.1 percent of the deadweight tonnage of the largest oceangoing tanker serviced;\n\n(c) An amount of ballast water containing oily mixtures and wash water from in-port tank washing equal to\u2014\n\n(1) 1,500 metric tons (1,650 short tons), or;\n\n(2) 4\n 1/2 % of the deadweight tonnage of the largest oceangoing tanker serviced; and\n\n(d) An amount of liquid oil cargo residue based on the following percentages of deadweight tonnage of the largest oceangoing tanker serviced:\n\n(1) For crude oil oceangoing tankers, 1%.\n\n(2) For black product oceangoing tankers, 0.5%\n\n(3) For white product oceangoing tankers, 0.2%"], ["33:33:2.0.1.5.25.2.195.6", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "B", "Subpart B\u2014Criteria for Reception Facilities: Oily Mixtures", "", "\u00a7 158.250 Standard discharge connection.", "USCG", "", "", "[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001]", "Each reception facility that received bilge water containing oily mixtures must have a standard discharge connection that\u2014\n\n(a) Meets \u00a7 155.430 of this subchapter; and\n\n(b) Attaches to each hose or pipe that removes bilge water containing oily mixtures from oceangoing ships."], ["33:33:2.0.1.5.25.3.195.1", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "C", "Subpart C\u2014Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue", "", "\u00a7 158.300 Purpose.", "USCG", "", "", "", "The purpose of this subpart is to supply the criteria needed for ports and terminals under \u00a7 158.110 used by oceangoing ships carrying NLS cargo or NLS residue to meet Regulation 7 of Annex II to MARPOL 73/78."], ["33:33:2.0.1.5.25.3.195.2", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "C", "Subpart C\u2014Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue", "", "\u00a7 158.310 Reception facilities: General.", "USCG", "", "", "", "(a) Except as allowed in paragraph (b) of this section, each reception facility, in order to pass the inspection under \u00a7 158.160, must\u2014\n\n(1) Be a reception facility as defined under \u00a7 158.120;\n\n(2) Be available at the port or terminal;\n\n(3) Meet the requirements of \u00a7 158.320;\n\n(4) Hold each Federal, State, and local permit and license required by environmental laws and regulations concerning NLS residue;\n\n(5) Be capable of receiving NLS residue from an oceangoing ship within 24 hours after notice by that ship of the need for reception facilities; and\n\n(6) Be capable of completing the transfer of NLS residue within 10 hours after the transfer of NLS residue begins.\n\n(b) A reception facility for a ship repair yard does not have to meet the requirements of paragraphs (a)(5) and (a)(6) of this section if it is capable of completing transfer of NLS residue from an oceangoing ship before the ship departs from the yard."], ["33:33:2.0.1.5.25.3.195.3", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "C", "Subpart C\u2014Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue", "", "\u00a7 158.320 Reception facilities: Capacity, and exceptions.", "USCG", "", "", "", "(a) Except as allowed in paragraph (b) of this section, each day the port or terminal is in operation, the port or terminal must have a reception facility that is capable of receiving\u2014\n\n(1) 75 cubic meters (19,810 gallons) of NLS residue for each regulated NLS cargo that is a solidifying Category A NLS; or\n\n(2) 50 cubic meters (13,210 gallons) of NLS residue for each regulated NLS cargo that is not a solidifying Category A.\n\n(b) The port or terminal need only meet \u00a7 158.330 if it is used by ships that only transfer Category B or C NLS cargoes that are not high viscosity or solidifying Category B or C NLSs.\n\n(c) For each category of NLS cargo carried on a ship, each day a ship repair yard is in operation and being used by a ship that must discharge NLS residue in order to proceed with repair work, the ship repair yard must have a reception facility that is capable of receiving\u2014\n\n(1) 50 cubic meters (13,210 gallons) of NLS residue that contains a\u2014\n\n(i) Category A NLS that is not a solidifying NLS;\n\n(ii) Category B NLS; or\n\n(iii) Category C NLS; or\n\n(iv) Category D NLS; or\n\n(2) 75 cubic meters (19,810 gallons) of NLS residue that contains a Category A NLS that is a solidifying NLS cargo."], ["33:33:2.0.1.5.25.3.195.4", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "C", "Subpart C\u2014Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue", "", "\u00a7 158.330 Ports and terminals: Equipment.", "USCG", "", "", "", "Each port and terminal except ship repair yards, in order to pass the inspection under \u00a7 158.160, must\u2014\n\n(a) At mean low tide and with the ship's manifold 10 feet above the surface of the water, be capable of receiving Category B or C NLS cargo during the stripping operations at an average flow rate of 6 cubic meters (1584 gallons) per hour without the backpressure at the ship's manifold exceeding 101.6 kPa (14.7 pounds per square inch gauge) pressure; and\n\n(b) Have an instruction manual that lists the equipment and procedures for meeting paragraph (a) of this section. The instruction manual may be made part of the operations manual that is required under \u00a7 154.300 of this chapter."], ["33:33:2.0.1.5.25.4.195.1", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "D", "Subpart D\u2014Criteria for Adequacy of Reception Facilities: Garbage", "", "\u00a7 158.400 Purpose.", "USCG", "", "", "", "The purpose of this subpart is to supply the criteria for determining the adequacy of reception facilities for garbage at ports and terminals that receive ships and to comply with the Act and Regulation 7 of Annex V to MARPOL 73/78."], ["33:33:2.0.1.5.25.4.195.2", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "D", "Subpart D\u2014Criteria for Adequacy of Reception Facilities: Garbage", "", "\u00a7 158.410 Reception facilities: General.", "USCG", "", "", "", "(a) Except as allowed in paragraph (b) of this section, the person in charge of a port or terminal shall ensure that each port or terminal's reception facility.\n\n(1) Is capable after August 28, 1989 of receiving APHIS regulated garbage at a port or terminal no later than 24 hours after notice under \u00a7 151.65 of this chapter is given to the port or terminal, unless it only receives ships that\u2014\n\n(i) Operate exclusively within the navigable waters of the United States;\n\n(ii) Operate exclusively between ports or terminals in the continental United States; or\n\n(iii) Operate exclusively between continental United States ports or terminals and Canadian ports or terminals.\n\n(2) Is capable of receiving medical wastes or hazardous wastes defined in 40 CFR 261.3, unless the port or terminal operator can provide to the master, operator, or person in charge of a ship, a list of persons authorized by federal, state, or local law or regulation to transport and treat such wastes;\n\n(3) Is arranged so that it does not interfere with port or terminal operations;\n\n(4) Is conveniently located so that mariners unfamiliar with the port or terminal can find it easily and so that it's use will not be discouraged;\n\n(5) Is situated so that garbage from ships which has been placed in it cannot readily enter the water; and\n\n(6) Holds each federal, state, and local permit or license required by environmental and public health laws and regulations concerning garbage handling.\n\n(b) A reception facility for a ship repair yard does not have to meet the requirements of paragraph (a)(1) of this section if it is capable of handling the transfer of garbage from a ship before the ship departs from the yard.\n\nThe U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) requires victual wastes or garbage contaminated by victual wastes, except from vessels that operate only between the continental United States and Canadian ports, to be incinerated or sterilized in accordance with their regulations in 7 CFR 330.400 and 9 CFR 94.5."], ["33:33:2.0.1.5.25.4.195.3", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "D", "Subpart D\u2014Criteria for Adequacy of Reception Facilities: Garbage", "", "\u00a7 158.420 Reception facilities: Capacity and exceptions.", "USCG", "", "", "", "Each day a port or terminal is in operation, the person in charge of a port or terminal must provide, or ensure the availability of, a reception facility that is capable of receiving all garbage that the master or person who is in charge of a ship desires to discharge, except\u2014\n\n(a) Large quantities of spoiled or damaged cargoes not usually discharged by a ship; or\n\n(b) Garbage from ships not having commercial transactions with that port or terminal."], ["33:33:2.0.1.5.25.5.195.1", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "E", "Subpart E\u2014Port and Terminal Operations", "", "\u00a7 158.500 Draining cargo area and piping systems.", "USCG", "", "", "", "The person in charge shall ensure that each cargo hose and each piping system containing NLS received from each oceangoing ship carrying NLS cargo is not drained back into the ship."], ["33:33:2.0.1.5.25.5.195.2", 33, "Navigation and Navigable Waters", "I", "O", "158", "PART 158\u2014RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE", "E", "Subpart E\u2014Port and Terminal Operations", "", "\u00a7 158.520 Following the instruction manual.", "USCG", "", "", "", "The person in charge shall ensure that the instruction manual under \u00a7 158.330(b) is followed during the transfer of any NLS."], ["40:40:26.0.1.1.9.1.1.1", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.1 Purpose and scope.", "EPA", "", "", "[72 FR 60957, Oct. 26, 2007, as amended at 78 FR 26978, May 8, 2013; 87 FR 22474, Apr. 15, 2022]", "(a)  Purpose.  The purpose of this part is to specify the kinds of data and information EPA requires in order to make regulatory judgments under FIFRA secs. 3, 4, and 5 about the risks and benefits of pesticide products. Further, this part specifies the data and information needed to determine the safety of pesticide chemical residues under FFDCA sec. 408.\n\n(b)  Scope.  (1) This part describes the minimum data and information EPA typically requires to support an application for pesticide registration or amendment; support the reregistration of a pesticide product; support the maintenance of a pesticide registration by means of the data call-in process, e.g., as used in the registration review program; or establish or maintain a tolerance or exemption from the requirements of a tolerance for a pesticide chemical residue.\n\n(2) This part establishes general policies and procedures associated with the submission of data in support of a pesticide regulatory action.\n\n(3) This part does not include study protocols, methodology, or standards for conducting or reporting test results; nor does this part describe how the Agency uses or evaluates the data and information in its risk assessment and risk management decisions, or the regulatory determinations that may be based upon the data.\n\n(c)  Scope of individual subparts.  (1)  Conventional pesticides.  Subparts A, B, C, D, E, F, G, K, L, N, O, and R apply to conventional pesticides.\n\n(2)  Biochemical pesticides.  Subparts A, B, E, R, and U apply to biochemical pesticides.\n\n(3)  Microbial pesticides.  Subparts A, B, E, R, and V apply to microbial pesticides.\n\n(4)  Antimicrobial pesticides.  Subparts A, B, C, D, E, R, and W of this part apply to antimicrobial pesticides."], ["40:40:26.0.1.1.9.1.1.10", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.70 Satisfying data requirements.", "EPA", "", "", "", "(a)  General policy.  The Agency will determine whether the data submitted or cited to fulfill the data requirements specified in this part are acceptable. This determination will be based on the design and conduct of the experiment from which the data were derived, and an evaluation of whether the data fulfill the purpose(s) of the data requirement. In evaluating experimental design, the Agency will consider whether generally accepted methods were used, sufficient numbers of measurements were made to achieve statistical reliability, and sufficient controls were built into all phases of the experiment. The Agency will evaluate the conduct of each experiment in terms of whether the study was conducted in conformance with the design, good laboratory practices were observed, and results were reproducible. The Agency will not reject data merely because they were derived from studies which, when initiated, were in accordance with an Agency-recommended protocol, even if the Agency subsequently recommends a different protocol, as long as the data fulfill the purposes of the requirements as described in this paragraph.\n\n(1) The provisions in this part 158 should be read in conjunction with the provisions in \u00a7 152.85 to claim eligibility for the formulators' exemption.\n\n(2) [Reserved]\n\n(b)  Good laboratory practices.  Applicants must adhere to the good laboratory practice (GLP) standards described in 40 CFR part 160 when conducting studies. Applicants must also adhere to GLP standards when conducting a study in support of a waiver request of any data requirement which is within the scope of the GLP requirements.\n\n(c)  Agency guidelines.  EPA has published Test Guidelines that contain standards for conducting acceptable tests, guidance on the evaluation and reporting of data, definition of terms, and suggested study protocols. Copies of the Test Guidelines may be obtained by visiting the agency's website at  www.epa.gov/pesticides.\n\n(d)  Study protocols \u2014(1)  General.  Any appropriate protocol may be used to generate the data required by this part, provided that it meets the purpose of the test standards specified in the pesticide assessment guidelines, and provides data of suitable quality and completeness as typified by the protocols cited in the guidelines. Applicants should use the test procedure which is most suitable for evaluation of the particular ingredient, mixture, or product. Accordingly, failure to follow a suggested protocol will not invalidate a test if another appropriate methodology is used.\n\n(2)  Organization for Economic Co-Operation and Development (OECD) protocols.  Tests conducted in accordance with the requirements and recommendations of the applicable OECD protocols can be used to develop data necessary to meet the requirements specified in this part. Applicants should note, however, that certain of the OECD recommended test standards, such as test duration and selection of test species, are less restrictive than those recommended by EPA. Therefore, when using OECD protocols, care should be taken to observe the test standards in a manner such that the data generated by the study will satisfy the requirements of this part.\n\n(e)  Combining studies.  Certain toxicology studies may be combined to satisfy data requirements. For example, carcinogenicity studies in rats may be combined with the rat chronic toxicity study. Combining appropriate studies may be expected to reduce usage of test animals as well as reduce the cost of studies. EPA encourages this practice by including standards for acceptable combined tests in the Pesticide Assessment Guidelines. Registrants and applicants are encouraged to consider combining other tests when practical and likely to produce scientifically acceptable results. Registrants and applicants, however, must consult with the EPA before initiating combined studies."], ["40:40:26.0.1.1.9.1.1.11", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.75 Requirements for additional data.", "EPA", "", "", "", "The data routinely required by this part may not be sufficient to permit EPA to evaluate every pesticide product. If the information required under this part is not sufficient to evaluate the potential of the product to cause unreasonable adverse effects on man or the environment, additional data requirements will be imposed. However, EPA expects that the information required by this part will be adequate in most cases for an assessment of the properties and effects of the pesticide."], ["40:40:26.0.1.1.9.1.1.12", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.80 Use of other data.", "EPA", "", "", "", "(a)  Data developed in foreign countries.  With certain exceptions, laboratory and field study data developed outside the United States may be submitted in support of a pesticide registration. Data generated in a foreign country which the Agency will not consider include, but are not limited to, data from tests which involved field test sites or a test material, such as a native soil, plant, or animal, that is not characteristic of the United States. Applicants submitting foreign data must take steps to ensure that U.S. materials are used, or be prepared to supply data or information to demonstrate the lack of substantial or relevant differences between the selected material or test site and the U.S. material or test site. Once submitted, the Agency will determine whether or not the data meet the data requirements.\n\n(b)  Data generated for other purposes.  Data developed for purposes other than satisfaction of FIFRA data requirements, such as monitoring studies, may also satisfy data requirements in this part. Consultation with the Agency should be arranged if applicants are unsure about suitability of such data."], ["40:40:26.0.1.1.9.1.1.2", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.3 Definitions.", "EPA", "", "", "", "All terms defined in sec. 2 of the Federal Insecticide, Fungicide, and Rodenticide Act apply to this part and are used with the meaning given in the Act. Applicable terms from the Federal Food, Drug, and Cosmetic Act also apply to this part. Individual subparts may contain definitions that pertain solely to that subpart. The following additional terms apply to this part:\n\nApplicant  means any person or entity, including for the purposes of this part a registrant, who submits, or is required to submit, to the Agency any application, petition, or submission intended to persuade EPA to grant, modify, or leave unmodified a registration or other approval required as a condition of sale or distribution of a pesticide. Such submissions may include, but are not limited to, the following:\n\n(1) An application for registration or amended registration of a pesticide product under FIFRA sec. 3 or 24.\n\n(2) A submission of data required in conjunction with reregistration of a currently registered product under FIFRA sec. 4.\n\n(3) An application for an experimental use permit under FIFRA sec. 5.\n\n(4) A submission of data in response to a notice issued by EPA under FIFRA sec. 3(c)(2)(B).\n\n(5) A petition to establish or modify a tolerance or an exemption from the requirement of a tolerance for a pesticide chemical residue under FFDCA sec. 408.\n\nRegistration  includes a new registration, amended registration and reregistration, unless stated otherwise."], ["40:40:26.0.1.1.9.1.1.3", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.5 Applicability.", "EPA", "", "", "", "(a) The requirements of this part apply to the following submissions:\n\n(1) An application for new or amended registration under FIFRA sec. 3 or 24.\n\n(2) An application for experimental use permit under FIFRA sec. 5.\n\n(3) A submission of data or information to support the continuation of a registration under FIFRA sec. 3, 4, or 24.\n\n(4) A petition to establish, modify or revoke a tolerance or exemption from a tolerance under FFDCA sec. 408.\n\n(b) The information specified in this part must be furnished with each submission described in paragraph (a) of this section if it has not been submitted previously, or if any previous submission is not accurate or complete."], ["40:40:26.0.1.1.9.1.1.4", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.30 Flexibility.", "EPA", "", "", "", "(a) FIFRA provides EPA flexibility to require, or not require, data and information for the purposes of making regulatory judgments for pesticide products. EPA has the authority to establish or modify data needs for individual pesticide chemicals. The actual data required may be modified on an individual basis to fully characterize the use and properties, characteristics, or effects of specific pesticide products under review. The Agency encourages each applicant to consult with EPA to discuss the data requirements particular to its product prior to and during the registration process.\n\n(b) The Agency cautions applicants that the data routinely required in this part may not be sufficient to permit EPA to evaluate the potential of the product to cause unreasonable adverse effects to man or the environment. EPA may require the submission of additional data or information beyond that specified in this part if such data or information are needed to appropriately evaluate a pesticide product.\n\n(c) This part will be updated as needed to reflect evolving program needs and advances in science."], ["40:40:26.0.1.1.9.1.1.5", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.32 Format of data submissions.", "EPA", "", "", "", "(a)  General.  (1) All data submitted under this part must be formatted in accordance with this section.\n\n(2) The requirements of this section do not apply to administrative materials accompanying a data submission, including forms, labeling, and correspondence.\n\n(b)  Transmittal document.  Each submission in support of a regulatory action must be accompanied by a transmittal document, which includes:\n\n(1) Identity of the submitter.\n\n(2) The transmittal date.\n\n(3) Identification of the regulatory action with which the submission is associated, e.g., the registration or petition number.\n\n(4) A list of the individual documents included in the submission.\n\n(c)  Individual documents.  Unless otherwise specified by the Agency, each submission must be in the form of individual documents or studies. Previously submitted documents should not be resubmitted unless specifically requested by the Agency, but should be cited with adequate information to identify the previously submitted document. Each study or document should include the following:\n\n(1) A title page including the following information:\n\n(i) The title of the study, including identification of the substance(s) tested and the test name or data requirement addressed.\n\n(ii) The author(s) of the study.\n\n(iii) The date the study was completed.\n\n(iv) If the study was performed in a laboratory, the name and address of the laboratory, project numbers or other identifying codes.\n\n(v) If the study is a commentary on or supplement to another previously submitted study, full identification of the other study with which it should be associated in review.\n\n(vi) If the study is a reprint of a published document, all relevant facts of publication, such as the journal title, volume, issue, inclusive page numbers, and date of publication.\n\n(2) The appropriate statement(s) regarding any data confidentiality claims as described in \u00a7 158.33.\n\n(3) A statement of compliance or non-compliance with respect to Good Laboratory Practice Standards as required by 40 CFR 160.12, if applicable.\n\n(4) A complete and accurate English translation must be included for any information that is not in English.\n\n(5) A flagging statement as prescribed by \u00a7 158.34, if applicable."], ["40:40:26.0.1.1.9.1.1.6", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.33 Confidential data.", "EPA", "", "", "", "(a)  Definitions.  For the purposes of this section:\n\n(1)  Registered or previously registered pesticide  means any pesticide containing an active ingredient contained in a product that is, or has ever been, an active ingredient in a product registered under sec. 3 of FIFRA. A registered pesticide that is the subject of an application for a new use falls within the category of \u201cregistered or previously registered pesticide.\u201d\n\n(2)  Safety and efficacy information  means information concerning the objectives, methodology, results, or significance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products, and any information concerning the effects of such pesticide on any organism or the behavior of such pesticide in the environment, including, but not limited to, data on safety to fish and wildlife, humans and other mammals, plants, animals, and soil, and studies on persistence, translocation and fate in the environment, and metabolism.\n\n(b)  Applicability.  (1) This section applies to information submitted pursuant to this part. It supplements the general confidentiality procedures in 40 CFR part 2, subpart B, including FIFRA confidentiality procedures at 40 CFR 2.307. To the extent that provisions in this section conflict with those in 40 CFR part 2, subpart B, the provisions in this section take precedence. The provisions of 40 CFR 2.308 do not apply to information to which this section applies. In addition to complying with the requirements of this section, any confidentiality claims for information subject to 40 CFR part 174 (plant-incorporated protectants) must be substantiated at the time of submission as described in \u00a7 174.9 of this chapter.\n\n(2) FFDCA sec. 408(i) protects confidential information submitted in connection with an application for a tolerance or exemption to the same extent as FIFRA sec. 10. References in this section to FIFRA sec. 10 are deemed to apply equally to information submitted pursuant to FFDCA sec. 408, pursuant to the authority in sec. 408(i).\n\n(c)  Method of asserting business confidentiality claims \u2014(1)  Claim required.  Information to which this section applies (and which is submitted on or after the effective date of this regulation) will be deemed as not subject to a confidentiality claim unless a claim for that information is made in accordance with the procedures specified in this paragraph. Information not subject to a confidentiality claim may be made available to the public without further notice, subject to the requirements of FIFRA sec. 10(g).\n\n(2)  Statement required.  Upon submission to EPA, each document must be accompanied by a signed and dated document containing either the statements in paragraph (c)(2)(i) or (ii) of this section. No claims or markings on the document or any attachments, other than these statements and attachments submitted in accordance with paragraph (c)(3) of this section, will be recognized as asserting a claim of confidentiality. The format of data submissions is set forth in \u00a7 158.32.\n\n(i)  No claim of confidentiality.\n\nNo claim of confidentiality, on any basis whatsoever, is made for any information contained in this document. I acknowledge that information not designated as within the scope of FIFRA sec. 10(d)(1)(A), (B), or (C) and which pertains to a registered or previously registered pesticide is not entitled to confidential treatment and may be released to the public, subject to the provisions regarding disclosure to multinational entities under FIFRA sec. 10(g).\n\nNo claim of confidentiality, on any basis whatsoever, is made for any information contained in this document. I acknowledge that information not designated as within the scope of FIFRA sec. 10(d)(1)(A), (B), or (C) and which pertains to a registered or previously registered pesticide is not entitled to confidential treatment and may be released to the public, subject to the provisions regarding disclosure to multinational entities under FIFRA sec. 10(g).\n\n(ii)  Claim of confidentiality.\n\nInformation claimed as confidential has been removed to a confidential attachment.\n\nInformation claimed as confidential has been removed to a confidential attachment.\n\n(3)  Confidential attachment.  (i) All information claimed as confidential must be submitted in a separate confidential attachment to the document and cross referenced to the specific location in the document from which it was removed. The confidential attachment must have its own title page and be paginated separately from the non-confidential document.\n\n(ii) All information in the confidential attachment that consists of (or whose disclosure would in turn disclose) manufacturing or quality control processes must be individually identified in the confidential attachment as a claim for information within the scope of FIFRA sec. 10(d)(1)(A).\n\n(iii) All information in the confidential attachment that consists of (or whose disclosure would in turn disclose) the details of any methods for testing, detecting, or measuring the quantity of any deliberately added inert ingredient of a pesticide, must be individually identified in the confidential attachment as a claim for information within the scope of FIFRA sec. 10(d)(1)(B).\n\n(iv) All information in the confidential attachment that consists of (or whose disclosure would in turn disclose) the identity or percentage quantity of any deliberately added inert ingredient of a pesticide must be individually identified in the confidential attachment as a claim for information within the scope of FIFRA sec. 10(d)(1)(C).\n\n(v) Information in the confidential attachment that is designated in accordance with paragraphs (c)(3)(ii) - (iv) of this section must be on a separate page from information that is not so designated.\n\n(4)  Voluntary release of information to States and foreign governments.  (i) Submitters are encouraged to include with the statement required under paragraph (c)(2) of this section an additional statement to allow EPA to share information with State and foreign governments. EPA will not consider such a statement to be a waiver of confidentiality or proprietary claims for the information. The statement is as follows:\n\nI authorize the Environmental Protection Agency to release any information contained in this document to State or foreign governments, without relinquishing proprietary rights or any confidentiality claims asserted above.\n\nI authorize the Environmental Protection Agency to release any information contained in this document to State or foreign governments, without relinquishing proprietary rights or any confidentiality claims asserted above.\n\n(ii) Information designated as releasable to state or foreign governments in accordance with this section may be released to such a government without further notice to the submitter. EPA will inform the State or foreign government of any of the confidentiality claims associated with the information.\n\n(d)  Release of information.  (1) Safety and efficacy information that was submitted to EPA on or after May 4, 1988 and that has not been designated by the submitter as FIFRA sec. 10(d)(1)(A), (B), or (C) information in accordance with the applicable requirements of this section is not entitled to confidential treatment and may be disclosed to the public without further notice to the submitter, in accordance with paragraph (d)(2) of this section. Safety and efficacy information which has been designated by the submitter as FIFRA sec. 10(d)(1) (A), (B), or (C) information is entitled to confidential treatment only to the extent provided by FIFRA sec. 10(b), this section, and 40 CFR 2.208.\n\n(2) Information that is not entitled to be protected as confidential in accordance with FIFRA sec. 10(b), this section and with EPA confidentiality regulations at 40 CFR part 2, subpart B, may be released to the public without the affirmation of non-multinational status provided under FIFRA sec. 10(g), provided that the information does not contain or consist of any complete unpublished report submitted to EPA, or excerpts or restatements of any such report which reveal the full methodology and complete results of the study, test, or experiment, and all explanatory information necessary to understand the methodology or interpret the results."], ["40:40:26.0.1.1.9.1.1.7", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.34 Flagging of studies for potential adverse effects.", "EPA", "", "", "", "(a) Any applicant who submits a study of a type listed in paragraph (b) of this section must submit with the study a statement in accordance with paragraph (c) of this section.\n\n(b) The following table indicates the study types and the criteria to be applied to each. Column 1 lists the study types by name. Column 2 lists the associated Pesticide Assessment Guideline number. Column 3 lists the criteria applicable to each type of study. Column 4 lists the reporting code to be included in the statement specified in paragraph (c) of this section when any criterion is met or exceeded.\n\nTable\u2014Flagging Criteria\n\n(c)  Identification of studies.  For each study of a type identified in paragraph (b) of this section, the applicant shall include the appropriate one of the following two statements, together with the signature of the authorized representative of the company, and the date of signature:\n\n(1) Study does not meet or exceed criteria.\n\nI have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study neither meets nor exceeds any of the applicable criteria.\n\nI have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study neither meets nor exceeds any of the applicable criteria.\n\n(2) Study meets or exceeds criteria.\n\nI have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study meets or exceeds the criteria numbered [insert all applicable reporting codes].\n\nI have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study meets or exceeds the criteria numbered [insert all applicable reporting codes]."], ["40:40:26.0.1.1.9.1.1.8", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.45 Waivers.", "EPA", "", "", "", "(a) The data requirements specified in this part as applicable to a category of products will not always be appropriate for every product in that category. Some products may have unusual physical, chemical, or biological properties or atypical use patterns which would make particular data requirements inappropriate, either because it would not be possible to generate the required data or because the data would not be useful in the Agency's evaluation of the risks or benefits of the product. The Agency will waive data requirements it finds are inappropriate, but will ensure that sufficient data are available to make the determinations required by the applicable statutory standards.\n\n(b)(1) Applicants are encouraged to discuss a data waiver request with the Agency before developing and submitting supporting data, information, or other materials.\n\n(2) All waiver requests must be submitted to the Agency in writing. The request must clearly identify the data requirement(s) for which a waiver is sought along with an explanation and supporting rationale why the applicant believes the data requirement should be waived. In addition, the applicant must describe any unsuccessful attempts to generate the required data, furnish any other information which the applicant(s) believe(s) would support the request, and when appropriate, suggest alternative means of obtaining data to address the concern which underlies the data requirement.\n\n(c) The Agency will review each waiver request and subsequently inform the applicant in writing of its decision. If the decision could apply to more than the requested product, the Agency, in its discretion, may choose to send a notice to all registrants or publish a notice in the  Federal Register  announcing the decision. An Agency decision denying a written request to waive a data requirement is a final Agency action."], ["40:40:26.0.1.1.9.1.1.9", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 158.60 Minor use data policies.", "EPA", "", "", "", "FIFRA sec. 2(ll) defines the term \u201cminor use\u201dand FIFRA provides a number of statutory provisions concerning minor uses. In addition, EPA has established policies with respect to minor uses of pesticides, including, but not limited to, the following:\n\n(a) A new data requirement pertinent to both an unregistered minor use and a registered major use will not be applied to a minor use applicant until it is applied to the major use registration.\n\n(b) EPA will accept appropriate and adequate extrapolations and regional data to support establishment of individual minor use tolerances."], ["40:40:26.0.1.1.9.10.1.1", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "L", "Subpart L\u2014Spray Drift", "", "\u00a7 158.1100 Spray drift data requirements table.", "EPA", "", "", "", "(a)  General.  Sections 158.100 through 158.130 describe how to use this table to determine the spray drift data requirements for a particular pesticide product. Notes that apply to an individual test, including specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (e) of this section.\n\n(b)  Use patterns.  The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop and terrestrial nonfood crop. The aquatic use pattern includes products classified under the general use patterns of aquatic food crop and aquatic nonfood. The greenhouse use pattern includes products classified under the general use patterns of greenhouse food crop and greenhouse nonfood crop. Data are also required for the general use patterns of forestry use, residential outdoor use, and indoor use.\n\n(c)  Key.  CR = Conditionally required; NR = Not required; TEP = Typical end-use product; MP = Manufacturing use product; EP = End-use product.\n\n(d)  Table.  The following table lists the data requirements that pertain to spray drift. The table notes are shown in paragraph (e) of this section.\n\nTable\u2014Spray Drift Data Requirements\n\n(e)  Test notes.  The following notes apply to the requirements in the table to paragraph (d) of this section:\n\n1. This study is required when aerial applications (rotary and fixed winged) and mist blower or other methods of ground application are proposed and it is estimated that the detrimental effect level of those nontarget organisms expected to be present would be exceeded. The nontarget organisms include humans, domestic animals, fish and wildlife, and nontarget plants.\n \n 2. [Reserved]\n\n1. This study is required when aerial applications (rotary and fixed winged) and mist blower or other methods of ground application are proposed and it is estimated that the detrimental effect level of those nontarget organisms expected to be present would be exceeded. The nontarget organisms include humans, domestic animals, fish and wildlife, and nontarget plants.\n\n2. [Reserved]"], ["40:40:26.0.1.1.9.12.1.1", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "N", "Subpart N\u2014Environmental Fate", "", "\u00a7 158.1300 Environmental fate data requirements table.", "EPA", "", "", "", "(a)  General.  All environmental fate data, as described in paragraph (c) of this section, must be submitted to support a request for registration.\n\n(b)  Use patterns.  (1) The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood. The aquatic use pattern includes the general use patterns of aquatic food crop, and aquatic nonfood. The greenhouse use pattern includes both food and nonfood uses. The indoor use pattern includes food, nonfood, and residential indoor uses.\n\n(2) Data are also required for the general use patterns of forestry use and residential outdoor use.\n\n(c)  Key.  CR = Conditionally required; NR = Not required; R = Required; PAIRA = Pure active ingredient radio-labeled; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product.\n\n(d)  Table.  The following table shows the data requirements for environmental fate. The test notes are shown in paragraph (e) of this section.\n\nTable\u2014Environmental Fate Data Requirements\n\n(e)  Test notes.  The following test notes apply to the requirements in the table to paragraph (d) of this section:\n\n1. Study is required for indoor uses in cases where environmental exposure is likely to occur. Such sites include, but are not limited to, agricultural premises, in or around farm buildings, barnyards, and beehives.\n \n 2. Not required when the electronic absorption spectra, measured at pHs 5, 7, and 9, of the chemical and its hydrolytic products, if any, show no absorption or tailing between 290 and 800 nm.\n \n 3. Not required when the chemical is to be applied only by soil injection or is incorporated in the soil.\n \n 4. Requirement based on use patterns and other pertinent factors including, but not limited to, the Henry's Law Constant of the chemical. In view of methodological difficulties with the study of photodegradation in air, prior consultation with the Agency regarding the protocol is recommended before the test is performed.\n \n 5. Required for aquatic food and nonfood crop uses for aquatic sites that are intermittently dry. Such sites include, but are not limited to, cranberry bogs and rice paddies.\n \n 6. Adsorption and desorption using a batch equilibrium method is preferred. However in some cases, for example, where the pesticide degrades rapidly, soil column leaching with unaged or aged columns may be more appropriate to fully characterize the potential mobility of the parent compound and major transformation products.\n \n 7. Environmental chemistry methods used to generate data associated with this study must include results of a successful confirmatory method trial by an independent laboratory. Test standards and procedures for independent laboratory validation are available as addenda to the guideline for this test requirement.\n \n 8. Requirement for terrestrial uses is based on potential for aquatic exposure and if pesticide residues have the potential for persistence, mobility, nontarget aquatic toxicity or bioaccumulation. Not required for aquatic residential uses. Field testing under the terrestrial field dissipation requirement may be more appropriate for some aquatic food crops, such as rice and cranberry uses, that are managed to have a dry-land period for production. The registrant is encouraged to consult with the Agency on protocols.\n \n 9. Agency approval of a protocol is necessary prior to initiation of the study.\n \n 10. This study may be triggered if there is specific evidence that the presence of one pesticide can affect the dissipation characteristics of another pesticide when applied simultaneously or serially.\n \n 11. Required if the weight-of-evidence indicates that the pesticide and/or its degradates is likely to leach to ground water, taking into account other factors such as the toxicity of the chemicals(s), available monitoring data, and the vulnerability of ground water resources in the pesticide use area.\n \n 12. If the terrestrial dissipation study cannot assess all of the major routes of dissipation, the forestry study will be required.\n\n1. Study is required for indoor uses in cases where environmental exposure is likely to occur. Such sites include, but are not limited to, agricultural premises, in or around farm buildings, barnyards, and beehives.\n\n2. Not required when the electronic absorption spectra, measured at pHs 5, 7, and 9, of the chemical and its hydrolytic products, if any, show no absorption or tailing between 290 and 800 nm.\n\n3. Not required when the chemical is to be applied only by soil injection or is incorporated in the soil.\n\n4. Requirement based on use patterns and other pertinent factors including, but not limited to, the Henry's Law Constant of the chemical. In view of methodological difficulties with the study of photodegradation in air, prior consultation with the Agency regarding the protocol is recommended before the test is performed.\n\n5. Required for aquatic food and nonfood crop uses for aquatic sites that are intermittently dry. Such sites include, but are not limited to, cranberry bogs and rice paddies.\n\n6. Adsorption and desorption using a batch equilibrium method is preferred. However in some cases, for example, where the pesticide degrades rapidly, soil column leaching with unaged or aged columns may be more appropriate to fully characterize the potential mobility of the parent compound and major transformation products.\n\n7. Environmental chemistry methods used to generate data associated with this study must include results of a successful confirmatory method trial by an independent laboratory. Test standards and procedures for independent laboratory validation are available as addenda to the guideline for this test requirement.\n\n8. Requirement for terrestrial uses is based on potential for aquatic exposure and if pesticide residues have the potential for persistence, mobility, nontarget aquatic toxicity or bioaccumulation. Not required for aquatic residential uses. Field testing under the terrestrial field dissipation requirement may be more appropriate for some aquatic food crops, such as rice and cranberry uses, that are managed to have a dry-land period for production. The registrant is encouraged to consult with the Agency on protocols.\n\n9. Agency approval of a protocol is necessary prior to initiation of the study.\n\n10. This study may be triggered if there is specific evidence that the presence of one pesticide can affect the dissipation characteristics of another pesticide when applied simultaneously or serially.\n\n11. Required if the weight-of-evidence indicates that the pesticide and/or its degradates is likely to leach to ground water, taking into account other factors such as the toxicity of the chemicals(s), available monitoring data, and the vulnerability of ground water resources in the pesticide use area.\n\n12. If the terrestrial dissipation study cannot assess all of the major routes of dissipation, the forestry study will be required."], ["40:40:26.0.1.1.9.13.1.1", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "O", "Subpart O\u2014Residue Chemistry", "", "\u00a7 158.1400 Definitions.", "EPA", "", "", "", "The following terms are defined for the purposes of this subpart:\n\nLivestock , for the purposes of this section, includes all domestic animals that are bred for human consumption, including, but not limited to, cattle, swine, sheep, and poultry.\n\nPlant or animal metabolite  means a pesticide chemical residue that is the result of biological breakdown of the parent pesticide within the plant or animal.\n\nResidue of concern  means the parent pesticidal compound and its metabolites, degradates, and impurities of toxicological concern.\n\nTolerance , for the purposes of this section, includes the establishment of a new tolerance or tolerance exemption, or amended tolerance or tolerance exemption."], ["40:40:26.0.1.1.9.13.1.2", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "O", "Subpart O\u2014Residue Chemistry", "", "\u00a7 158.1410 Residue chemistry data requirements table.", "EPA", "", "", "", "(a)  General.  Sections 158.100 through 158.130 describe how to use this table to determine the residue chemistry data requirements for a particular pesticide product. Notes that apply to an individual test and include specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (e) of this section.\n\n(b)  Use patterns.  (1) Data are required or conditionally required for all pesticides used in or on food and for residential outdoor uses where food crops are grown. Food use patterns include products classified under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use.\n\n(2) Data may be required for nonfood uses if pesticide residues may occur in food or feed as a result of the use. Data requirements for these nonfood uses will be determined on a case-by-case basis. For example, most products used in or near kitchens require residue data for risk assessment purposes even though tolerances may not be necessary in all cases.\n\n(c)  Key.  R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; PAI = Pure active ingredient; PAIRA = Pure active ingredient radio-labeled; Residue of concern= the active ingredient and its metabolites, degradates, and impurities of toxicological concern; TEP = Typical end-use product.\n\n(d)  Table.  The following table list the data requirements for residue chemistry related to food uses. The table notes are shown in paragraph (e) of this section.\n\nTable\u2014Residue Chemistry Data Requirements for Food Uses\n\n(e)  Test notes.  The following test notes apply to the data requirements in the table to paragraph (d) of this section.\n\n1. Required if indoor use could result in pesticide residues in or on food or feed.\n \n 2. Material safety data sheets must accompany standards as specified by OSHA in 29 CFR 1910.1200.\n \n 3. Required for residential outdoor uses on food crops if the corresponding agricultural use is not approved or the residential use is expected to produce higher residues based on the label directions.\n \n 4. Required for indoor uses where the pesticide is applied directly to food, in order to determine metabolites and/or degradates. Not required when only indirect contact with food would occur (e.g., crack and crevice treatments).\n \n 5. Data for fish are required for all pesticides applied directly to water inhabited, or which will be inhabited, by fish that may be caught or harvested for human consumption.\n \n 6. Required when a pesticide is to be applied directly to livestock, to livestock premises, to livestock drinking water, or to crops used for livestock feed. If results from the plant metabolism study show differing metabolites in plants from those found in animals, an additional livestock metabolism study involving dosing with the plant metabolite(s) may also be required.\n \n 7. Required when the Agency determines that it is reasonably foreseeable that a food or feed crop could be subsequently planted on the site of pesticide application after harvest or failure of the treated crop. Typically not required for pesticide uses in permanent food crops (e.g., various tree crops, vines) or semi-permanent crops (e.g., asparagus, pineapples).\n \n 8. A residue analytical method suitable for enforcement purposes is required whenever a numeric tolerance (including temporary and time-limited tolerances) is proposed.\n \n 9. New analytical methods to be used for enforcement purposes must include results from an independent laboratory validation.\n \n 10. A residue method, storage stability data, and crop field trials are required for the nonfood crop tobacco (green, freshly harvested). Depending on the level of residues found on the green tobacco, additional data may be required on cured/dried tobacco and pyrolysis products.\n \n 11. Data are required to determine whether FDA/USDA multiresidue methodology would detect and identify the pesticides and any metabolites.\n \n 12. Data are required for any magnitude of the residue study unless analytical samples are stored frozen for 30 days or less, and the active ingredient is not known to be volatile or labile.\n \n 13. Studies using single serving samples of a raw agricultural commodity may be needed for acutely toxic pesticides and/or their metabolites. These residue studies must be conducted using a statistical design accepted by the Agency.\n \n 14. Required for indoor uses which are direct postharvest treatments of raw agricultural commodities (e.g., fungicidal waxes or stored grain fumigants).\n \n 15. Data on the nature and level of residues in processed food/feed are required if residues could potentially concentrate on processing thus requiring the establishment of a separate tolerance higher than that of the raw agricultural commodity.\n \n 16. Required when the pesticide use is a direct application to livestock.\n \n 17. Data are required if pesticide residues are present in or on livestock feed items or intentionally added to drinking water. These studies, however, may not be required in cases where the livestock metabolism studies indicate negligible transfer of the pesticide's residues of concern to tissues, milk, and eggs at the maximum expected exposure level for the animals.\n \n 18. If results from the plant metabolism study show differing metabolites in plants from those found in animals, an additional livestock feeding study involving dosing with the plant metabolite(s) may also be required.\n \n 19. Data are required whenever a pesticide may be applied directly to water, unless it can be demonstrated that the treated water would not be available for human or livestock consumption.\n \n 20. Data are required when a pesticide is to be applied directly to water that could be used for irrigation or to irrigation facilities such as irrigation ditches.\n \n 21. Data are required whenever a pesticide may be used in a food handling or feed handling establishment.\n \n 22. Required when residues at the tolerance level may result in a risk of concern. These data may include washing, cooking, processing or degradation studies as well as market basket surveys for a more precise residue determination.\n \n 23. Typically required if pesticide residues of concern greater than 0.01 ppm are found in crops at the appropriate plant back intervals (taking into account plant back restrictions on product labels) in the confined rotational crop study. If residues of concern in the confined study are greater than 0.01 ppm but less than the limit of quantitation of the analytical method to be used on field trial samples, the Agency will consider not requiring, on a case-by-case basis, the limited field trials. If there are particular toxicological concerns with the parent pesticide or any metabolites, limited field studies may be needed if such residues are identified at levels below 0.01 ppm in the confined study.\n \n 24. Crop field trials are required to establish tolerances on rotational crops when quantifiable residues of concern are observed in the field rotational crops study.\n \n 25. Not required for an exemption from a tolerance provided that dietary exposure estimates are not needed due to low toxicity or that theoretical estimates of exposure are adequate to assess dietary risk.\n \n 26. Not required for an exemption from a tolerance.\n\n1. Required if indoor use could result in pesticide residues in or on food or feed.\n\n2. Material safety data sheets must accompany standards as specified by OSHA in 29 CFR 1910.1200.\n\n3. Required for residential outdoor uses on food crops if the corresponding agricultural use is not approved or the residential use is expected to produce higher residues based on the label directions.\n\n4. Required for indoor uses where the pesticide is applied directly to food, in order to determine metabolites and/or degradates. Not required when only indirect contact with food would occur (e.g., crack and crevice treatments).\n\n5. Data for fish are required for all pesticides applied directly to water inhabited, or which will be inhabited, by fish that may be caught or harvested for human consumption.\n\n6. Required when a pesticide is to be applied directly to livestock, to livestock premises, to livestock drinking water, or to crops used for livestock feed. If results from the plant metabolism study show differing metabolites in plants from those found in animals, an additional livestock metabolism study involving dosing with the plant metabolite(s) may also be required.\n\n7. Required when the Agency determines that it is reasonably foreseeable that a food or feed crop could be subsequently planted on the site of pesticide application after harvest or failure of the treated crop. Typically not required for pesticide uses in permanent food crops (e.g., various tree crops, vines) or semi-permanent crops (e.g., asparagus, pineapples).\n\n8. A residue analytical method suitable for enforcement purposes is required whenever a numeric tolerance (including temporary and time-limited tolerances) is proposed.\n\n9. New analytical methods to be used for enforcement purposes must include results from an independent laboratory validation.\n\n10. A residue method, storage stability data, and crop field trials are required for the nonfood crop tobacco (green, freshly harvested). Depending on the level of residues found on the green tobacco, additional data may be required on cured/dried tobacco and pyrolysis products.\n\n11. Data are required to determine whether FDA/USDA multiresidue methodology would detect and identify the pesticides and any metabolites.\n\n12. Data are required for any magnitude of the residue study unless analytical samples are stored frozen for 30 days or less, and the active ingredient is not known to be volatile or labile.\n\n13. Studies using single serving samples of a raw agricultural commodity may be needed for acutely toxic pesticides and/or their metabolites. These residue studies must be conducted using a statistical design accepted by the Agency.\n\n14. Required for indoor uses which are direct postharvest treatments of raw agricultural commodities (e.g., fungicidal waxes or stored grain fumigants).\n\n15. Data on the nature and level of residues in processed food/feed are required if residues could potentially concentrate on processing thus requiring the establishment of a separate tolerance higher than that of the raw agricultural commodity.\n\n16. Required when the pesticide use is a direct application to livestock.\n\n17. Data are required if pesticide residues are present in or on livestock feed items or intentionally added to drinking water. These studies, however, may not be required in cases where the livestock metabolism studies indicate negligible transfer of the pesticide's residues of concern to tissues, milk, and eggs at the maximum expected exposure level for the animals.\n\n18. If results from the plant metabolism study show differing metabolites in plants from those found in animals, an additional livestock feeding study involving dosing with the plant metabolite(s) may also be required.\n\n19. Data are required whenever a pesticide may be applied directly to water, unless it can be demonstrated that the treated water would not be available for human or livestock consumption.\n\n20. Data are required when a pesticide is to be applied directly to water that could be used for irrigation or to irrigation facilities such as irrigation ditches.\n\n21. Data are required whenever a pesticide may be used in a food handling or feed handling establishment.\n\n22. Required when residues at the tolerance level may result in a risk of concern. These data may include washing, cooking, processing or degradation studies as well as market basket surveys for a more precise residue determination.\n\n23. Typically required if pesticide residues of concern greater than 0.01 ppm are found in crops at the appropriate plant back intervals (taking into account plant back restrictions on product labels) in the confined rotational crop study. If residues of concern in the confined study are greater than 0.01 ppm but less than the limit of quantitation of the analytical method to be used on field trial samples, the Agency will consider not requiring, on a case-by-case basis, the limited field trials. If there are particular toxicological concerns with the parent pesticide or any metabolites, limited field studies may be needed if such residues are identified at levels below 0.01 ppm in the confined study.\n\n24. Crop field trials are required to establish tolerances on rotational crops when quantifiable residues of concern are observed in the field rotational crops study.\n\n25. Not required for an exemption from a tolerance provided that dietary exposure estimates are not needed due to low toxicity or that theoretical estimates of exposure are adequate to assess dietary risk.\n\n26. Not required for an exemption from a tolerance."], ["40:40:26.0.1.1.9.15.1.1", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "R", "Subpart R\u2014Product Performance for Products Claiming Effectiveness Against Invertebrate Pests", "", "\u00a7 158.1700 General requirements.", "EPA", "", "", "", "(a)  General.  Each applicant must ensure through testing that their product is efficacious when used in accordance with label directions and commonly accepted pest control practices. The Agency may require, as specified herein and on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment.\n\n(1)  Test substance.  All product performance testing is performed using the end-use product.\n\n(2)  Test organism.  All product performance testing must report the species tested.\n\n(3)  Testing.  All products are to be tested to support the claim(s) made on the labeling of the pesticide product.\n\n(4)  Data requirements.  To determine the specific product performance data required to support the registration of each pesticide product, the applicant must refer to the applicable sections of this subpart.\n\n(b)  Product performance data submission.  Each product that bears a claim subject to this subpart, must be supported by submission of product performance data, as listed in this subpart. This product performance data must be submitted with any application for registration or amended registration. For the pest-specific claims listed in this subpart, data must be for the species specified to support the claim. For pests listed as part of a group or subgroup, pest-specific data would also need to be submitted to support a pest-specific claim."], ["40:40:26.0.1.1.9.15.1.10", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "R", "Subpart R\u2014Product Performance for Products Claiming Effectiveness Against Invertebrate Pests", "", "\u00a7 158.1712 Mites (excluding chiggers).", "EPA", "", "", "", "(a)  General.  The tables and test notes in this section apply to dust, human itch or scabies, and dog follicle mites. The claim stated on the pesticide product labeling determines the required test species. The required test species for a specific type of mite claim appear in paragraph (b) of this section and the required performance standards appear in paragraph (c) of this section.\n\n(b)  Test species.  For pesticide products making a claim against mites, the required test species appear in the following table.\n\nTable 1 to Paragraph  (b) \u2014Required Test Species for Products Making a Claim Against Mites\n\n[Excluding chiggers]\n\n(c)  Performance standards.  (1) For the dog follicle mite, the performance standard is 100 percent.\n\n(2) For the human itch or scabies mite, the performance standard is 100 percent."], ["40:40:26.0.1.1.9.15.1.11", 40, "Protection of Environment", "I", "E", "158", "PART 158\u2014DATA REQUIREMENTS FOR PESTICIDES", "R", "Subpart R\u2014Product Performance for Products Claiming Effectiveness Against Invertebrate Pests", "", "\u00a7 158.1714 Chiggers.", "EPA", "", "", "", "If the pesticide product labeling makes a claim against chiggers, then testing is required using the following test species: Chigger ( Trombicula alfreddugesi )."]], "truncated": false, "filtered_table_rows_count": 199, "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": "158"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=158", "results": [{"value": 40, "label": 40, "count": 118, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&title_number=40", "selected": false}, {"value": 14, "label": 14, "count": 44, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&title_number=14", "selected": false}, {"value": 33, "label": 33, "count": 35, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&title_number=33", "selected": false}, {"value": 21, "label": 21, "count": 2, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&title_number=21", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=158", "results": [{"value": "EPA", "label": "EPA", "count": 118, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&agency=EPA", "selected": false}, {"value": "FAA", "label": "FAA", "count": 44, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&agency=FAA", "selected": false}, {"value": "USCG", "label": "USCG", "count": 35, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&agency=USCG", "selected": false}, {"value": "FDA", "label": "FDA", "count": 2, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&agency=FDA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=158", "results": [{"value": "158", "label": "158", "count": 199, "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=158&_facet=title_name"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&_facet=subpart_name"}], "next": "40~3A40~3A26~2E0~2E1~2E1~2E9~2E15~2E1~2E11,40~3A40~3A26~2E0~2E1~2E1~2E9~2E15~2E1~2E11", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=158&_next=40~3A40~3A26~2E0~2E1~2E1~2E9~2E15~2E1~2E11%2C40~3A40~3A26~2E0~2E1~2E1~2E9~2E15~2E1~2E11&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 10.835307999514043, "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"}