{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 228 sorted by section_id", "rows": [["20:20:1.0.2.8.22.1.155.1", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "A", "Subpart A\u2014General", "", "\u00a7 228.1 Introduction.", "SSA", "", "", "", "(a)  What does this part include?  This part includes the computation of a widow(er)'s, disabled widow(er)'s, remarried widow(er)'s, surviving divorced spouse's, parent's, and child's insurance annuity under the Railroad Retirement Act. This part describes the two annuity components or tiers which are included in these annuities. The tier I annuity component, which may be payable in all of the above annuities, is described in subpart B of this part. Subpart C of this part describes the tier II annuity component which is only applicable to the widow(er)'s, disabled widow(er)'s, parent's, and child's annuity.\n\n(b)  Other relevant parts.  (1) Part 225, Primary Insurance Amount Determinations, describes the various types of primary insurance amounts which form the basis of the computation of the tier I annuity component described in this part.\n\n(2) Part 216, Eligibility for an Annuity, describes the eligibility requirements for receipt of the annuity computations described in this part."], ["20:20:1.0.2.8.22.1.155.2", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "A", "Subpart A\u2014General", "", "\u00a7 228.2 Tier I and tier II annuity components.", "SSA", "", "", "", "(a)  Tier I annuity component.  The Tier I annuity component is generally the amount that would have been payable under the Social Security Act if all of the employee's earnings after 1936 under both the railroad retirement system and the social security system had been creditable under the Social Security Act.\n\n(b)  Tier II annuity component.  The tier II annuity component is the portion of the survivor's annuity which is based on an employee's railroad earnings only. The tier II component of an annuity described in this part is a specified percentage of the employee's actual or anticipated tier II annuity component."], ["20:20:1.0.2.8.22.2.155.1", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.10 Computation of the tier I annuity component for a widow(er), disabled widow(er), remarried widow(er), and a surviving divorced spouse.", "SSA", "", "", "", "The tier I annuity component for these beneficiaries is generally based on the survivor tier I Primary Insurance Amount (PIA). The survivor tier I PIA is determined in accordance with section 215 of the Social Security Act using the deceased employee's combined railroad and social security earnings after 1950 (or after 1936 if a higher PIA would result) up to the maximum creditable amounts through the year of the employee's death. See part 225 of this chapter. This amount may be further adjusted for certain reductions or deductions as described in \u00a7\u00a7 228.15-228.20 of this part and is subject to the family maximum. See \u00a7 228.14 of this part."], ["20:20:1.0.2.8.22.2.155.10", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.19 Reduction for a social security benefit.", "SSA", "", "", "", "The tier I annuity component is reduced for the amount of any social security benefit to which the survivor annuitant is entitled."], ["20:20:1.0.2.8.22.2.155.11", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.20 Reduction for an employee annuity.", "SSA", "", "", "", "(a)  General.  If an individual is entitled to an annuity as a survivor, and is also entitled to an employee annuity, then the survivor annuity must be reduced by the amount of the employee annuity. However, this reduction does not apply (except as provided in paragraph (b) of this section) if the survivor or the individual upon whose earnings record the survivor annuity is based worked for a railroad employer or as an employee representative before January 1, 1975.\n\n(b)  Tier I reduction.  If an individual is entitled to an annuity as a survivor, then the tier I component of the survivor annuity must be reduced by the amount of the tier I component of the employee annuity after reduction for age. Where the survivor is entitled to a tier II component and either the survivor or the employee had railroad earnings before 1975, a portion of this reduction may be restored in the computation of the tier II component (see \u00a7 228.52 of this part)."], ["20:20:1.0.2.8.22.2.155.12", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.21 Entitlement as a spouse or divorced spouse and as a survivor.", "SSA", "", "", "", "If an individual is entitled to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she may receive the smaller annuity rather than the larger annuity."], ["20:20:1.0.2.8.22.2.155.13", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.22 Entitlement to more than one survivor annuity.", "SSA", "", "", "", "If an individual is entitled to more than one survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she may receive the smaller annuity rather than the larger annuity."], ["20:20:1.0.2.8.22.2.155.14", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.23 Priority of reductions.", "SSA", "", "", "", "The tier I component of the survivor annuity is first reduced by the family maximum, if applicable, then any applicable age reduction, then by any public pension offset, then by any social security benefit payable, then by the tier I component of any employee annuity payable to the survivor annuitant."], ["20:20:1.0.2.8.22.2.155.15", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.40 Cost of living increase applicable to the tier I annuity component.", "SSA", "", "", "", "The tier I annuity component of a survivor annuity is increased at the same time and by the same percentage as the increase provided for under section 215(i) of the Social Security Act. The amount of the increase is published in the  Federal Register  annually. The cost-of-living increase is payable beginning with the benefit for the month of December of the year for which the increase is due. The increase is paid in the January payment."], ["20:20:1.0.2.8.22.2.155.2", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.11 Computation of the tier I annuity component of a widow(er) with a child in care, remarried widow(er) with a child in care, or a surviving divorced spouse with a child in care.", "SSA", "", "", "", "The tier I annuity component of a widow(er), remarried widow(er), or a surviving divorced spouse with a child of the employee in his or her care is 75 percent of the PIA computed under \u00a7 228.10 of this part. The amount may be adjusted for certain reductions and deductions described in \u00a7\u00a7 228.15-228.20 of this part and is subject to the family maximum. See \u00a7 228.14 of this part."], ["20:20:1.0.2.8.22.2.155.3", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.12 Computation of the tier I annuity component of a child's insurance annuity.", "SSA", "", "", "", "The tier I annuity component of a child's insurance annuity is 75 percent of the PIA computed under \u00a7 228.10 of this part. The amount may be adjusted for the family maximum. See \u00a7 228.14 of this part."], ["20:20:1.0.2.8.22.2.155.4", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.13 Computation of the tier I annuity component of a parent's insurance annuity.", "SSA", "", "", "", "The tier I annuity component of a parent's insurance annuity is dependent on whether one or two parents are entitled.\n\n(a)  One parent entitled.  A parent's tier I annuity component is equal to 82\n 1/2  percent of the PIA computed under \u00a7 228.10 of this part.\n\n(b)  More than one parent entitled.  A parent's tier I annuity component is equal to 75 percent of the PIA computed under \u00a7 228.10 of this part.\n\n(c) The amounts computed under paragraph (a) or (b) of this section may be adjusted for the family maximum. See \u00a7 228.14 of this part."], ["20:20:1.0.2.8.22.2.155.5", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.14 Family maximum.", "SSA", "", "", "", "(a)  Family maximum defined.  Under the Social Security Act, the amount of total monthly benefits that can be paid for any month on one person's earnings record is limited. This limited amount is called the family maximum. The family maximum is based on the survivor tier I PIA (see part 225 of this chapter). Generally, if three or more persons are entitled to benefits, their benefits will be adjusted for the family maximum.\n\n(b)  Computation of the family maximum \u2014(1)  The employee attains age 62, has a period of disability or dies prior to 1979.  The maximum is the amount appearing in column V of the applicable table published each year by the Secretary of Health and Human Services on the line on which appears in column IV the primary insurance amount of the insured individual whose compensation is the basis for the benefits payable. Where the total of the survivor benefits exceeds the maximum, the total tier I benefits for each month after 1964 are reduced to the amount appearing in column V. Each survivor's benefit is proportionately reduced, based on the percentage of the PIA used to compute the survivor benefits. However, when any of the persons entitled to benefits on the insured individual's compensation would, except for the limitation described in \u00a7 404.353(b) of title 20 (dealing with the entitlement to more than one child's benefit), be entitled to a child's annuity on the basis of the compensation of one or more other insured individuals, the total benefits payable may not be reduced to less than the smaller of\u2014\n\n(i) The sum of the maximum amounts of benefits payable on the basis of the compensation of all such insured individuals, or\n\n(ii) The last figure in column V of the applicable table published each year by the Secretary of Health and Human Services. The \u201capplicable table\u201d refers to the table which is effective for the month the benefit is payable.\n\n(2)  The employee attains age 62, has a period of disability or dies in 1979.  The maximum is computed as follows:\n\n(i) 150 percent of the first $230 of the individual's primary insurance amount, plus\n\n(ii) 272 percent of the primary insurance amount over $230 but not over $332, plus\n\n(iii) 134 percent of the primary insurance amount over $332 but not over $433, plus\n\n(iv) 175 percent of the primary insurance amount over $433.\n\nIf the total of this computation is not a multiple of $0.10, it will be rounded to the next lower multiple of $0.10.\n\n(3)  The employee attains age 62, or has a period of disability or dies after 1979.  The maximum is computed as in paragraph (b)(2) of this section. However, the dollar amounts shown there will be updated each year after 1979 as average earnings rise. This updating is done by first dividing the average of the total wages for the second year before the individual dies or becomes eligible, by the average of the total wages for 1977. The result of that computation is then multiplied by each dollar amount in the formula in paragraph (b)(2) of this section. Each updated dollar amount will be rounded to the nearer dollar, if the amount is an exact multiple of $0.50 (but not of $1), it will be rounded to the next higher $1. Before November 2 of each calendar year after 1978, the Secretary of Health and Human Services will publish in the  Federal Register  the formula and updated dollar amounts to be used for determining the monthly maximum for the following year.\n\n(c)  Special minimum PIA.  Regardless of the method used to compute the primary insurance amount, if the special minimum primary insurance amount described in \u00a7 404.261 to this title is higher, then the family maximum will be based upon the special minimum primary insurance amount."], ["20:20:1.0.2.8.22.2.155.6", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.15 Reduction for age.", "SSA", "", "", "", "(a)  Widow(er), surviving divorced spouse, or remarried widow(er).  The tier I annuity component is reduced \n 19/40  of 1 percent multiplied by the number of months before the annuitant attains full retirement age (presently age 65) effective with the annuity beginning date for widow(ers) born before 1/2/40. (For widow(ers) born after 1/1/40, see section 216(l) of the Social Security Act.)\n\n(b)  Disabled widow(er), disabled surviving divorced spouse, or disabled remarried widow(er).  The tier I annuity component is reduced for a maximum of 60 months even though the annuity may begin at age 50."], ["20:20:1.0.2.8.22.2.155.7", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.16 Adjustments in the age reduction factor (ARF).", "SSA", "", "", "", "Upon the attainment of retirement age, the previously-computed age reduction factor is adjusted to remove those months for which a full annuity was not paid even though the individual was entitled."], ["20:20:1.0.2.8.22.2.155.8", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.17 Adjustments to the widow(er)'s, disabled widow(er)'s, surviving divorced spouse's, and remarried widow(er)'s tier I annuity amount.", "SSA", "", "", "", "(a) If the employee died before attaining age 62 and after 1978 and the widow(er), disabled widow(er), remarried widow(er), or surviving divorced spouse is first eligible after 1984, the Board will compute the tier I annuity amount as if the employee had not died but had reached age 62 in the second year after the indexing year (see \u00a7 225.2 of this chapter);  provided, however,  that if the employee was entitled to a primary insurance amount based on average monthly wages this section is not applicable. The indexing year is never earlier than the second year before the year of the employee's death. Except for this limitation it is the earlier of__\n\n(1) The year the employee attained age 60, or would have attained age 60 had the employee lived, and\n\n(2) The second year before the year in which the widow(er), remarried widow(er), or surviving divorced spouse becomes eligible for such an annuity, has attained age 60, or is age 50-59 and disabled.\n\n(b) The tier I annuity component is increased if the employee's annuity was increased or would have been increased based on delayed retirement credits (see \u00a7 225.36 of this chapter).\n\n(c) The tier I annuity component is reduced if the employee had been entitled to an age reduced annuity, including an annuity based on 30 years of service, which is reduced for age because it began before the employee attained age 62. In this instance, the widow(er)'s, remarried widow(er)'s, or surviving divorced spouse's tier I annuity component after applying any reduction for age is further reduced to the larger of amount the employee would have received as a tier I annuity component if still alive or 82\n 1/2  percent of his or her primary insurance amount."], ["20:20:1.0.2.8.22.2.155.9", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "B", "Subpart B\u2014The Tier I Annuity Component", "", "\u00a7 228.18 Reduction for public pension.", "SSA", "", "", "", "(a) The tier I annuity component of a widow(er), remarried widow(er), surviving divorced spouse, or disabled widow(er) annuity, as described in the preceding sections of this part, is reduced if the survivor is in receipt of a public pension.\n\n(b)  When reduction is required.  Unless the survivor annuitant meets one of the exceptions in paragraph (d) of this section, the tier I annuity component is reduced each month the survivor annuitant is receiving a monthly pension from a Federal, State, or local government agency (Government pension) for which he or she was employed in work not covered by social security on the last day of such employment. For purposes of this section, Federal government employees are not considered to be covered by social security if they are covered for Medicare but are not otherwise covered by social security, or if they are covered under social security solely by an election to become subject to the Federal Employees and Retirement System made after December 31, 1987, and have not worked 60 months under that system.\n\n(c)  Payment in a lump sum.  If the Government pension is not paid monthly or is paid in a lump-sum payment, the Board will determine how much the pension would be if it were paid monthly. If one of the alternatives to a lump-sum payment is a life annuity, and the amount of the monthly benefit for the life annuity can be determined, the reduction will be based on that monthly benefit amount. Where the period for the equivalent monthly pension benefit is not clear, it may be necessary for the Board to determine the reduction period on an individual case basis.\n\n(d)  Exceptions.  The reduction does not apply:\n\n(1) If the survivor is receiving a Government pension based on employment for an interstate instrumentality; or\n\n(2) If the survivor receives or is eligible to receive a Government pension for one or more months in the period December 1977 through November 1982 and he or she meets the requirements for social security benefits that were applied in January 1977, assuming the employee's earnings had been covered under that Act (even though he or she did not actually claim such benefits or become entitled for such benefits until a later month). The January 1977 requirements are, for a man, a one-half support test (see paragraph (e) of this section), and, for a woman claiming benefits as a surviving divorced spouse, marriage for at least 20 years to the insured worker. A person is considered eligible for a Government pension for any month in which he or she meets all the requirements for payment except that he or she is working or has not applied; or\n\n(3) If a survivor annuitant was receiving or eligible (as defined in paragraph (d)(2) of this section) to receive a Government pension for one or more months before July 1983, and he or she meets the one-half support test (see paragraph (e) of this section). If a survivor annuitant meets the exception in this paragraph but he or she does not meet the exception in paragraph (d)(2) of this section, December 1982 is the earliest month for which the reduction will not affect his benefits; or\n\n(4) If a survivor annuitant was eligible for a Government pension in a given month except for a requirement which delayed eligibility for such pension until the month following the month in which all other requirements were met, the Board will consider the annuitant to be eligible in that given month for the purpose of meeting one of the exceptions in paragraphs (d)(2) and (3) of this section. If an annuitant meets an exception solely because of this paragraph, his or her benefits will be unreduced for months after November 1984 only.\n\n(e)  The one-half support test.  For a man to meet the January 1977 requirement as provided in the exception in paragraph (d)(2) of this section and for a man or a woman to meet the exception in paragraph (d)(3) of this section, he or she must meet a one-half support test. One-half support is defined in part 222 of this chapter. One-half support must be met at one of the following times:\n\n(1) If the employee upon whose compensation the survivor annuity is based had a period of disability which did not end before he or she became entitled to an age and service or disability annuity, or died, the survivor annuitant must have been receiving at least one-half support from the employee\u2014\n\n(i) At the beginning of his or her period of disability; or\n\n(ii) At the time he or she became entitled to an age and service or disability annuity; or\n\n(iii) At the time of his or her death.\n\n(2) If the employee upon whose compensation the survivor annuity is based did not have a period of disability at the time of his or her entitlement or death, the survivor annuitant must have been receiving at least one-half support from the employee\u2014\n\n(i) At the time he or she became entitled to an age and service annuity or disability annuity; or\n\n(ii) At the time of his or her death.\n\n(f)  Amount of reduction.  (1) If a survivor annuitant becomes eligible for a Government pension after June 1983, the Board will reduce (but not below zero) the tier I annuity component by two-thirds of the amount of the monthly pension. If the amount of the reduction is not a multiple of 10 cents, it will be rounded to the next higher multiple of 10 cents.\n\n(2) If a survivor annuitant became eligible for a Government pension before July 1983 and he or she did not meet one of the exceptions in paragraph (d) of this section, the Board will reduce (but not below zero) the tier I component by the full amount of the pension for months before December 1984 and by two-thirds the amount of his or her monthly pension for months after November 1984. If the amount of the reduction is not a multiple of 10 cents, it will be rounded to the next higher multiple of 10 cents.\n\n(g)  Reduction not applicable.  This reduction is not applied to claimants who both filed and were entitled to benefits prior to December 1977."], ["20:20:1.0.2.8.22.3.155.1", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "C", "Subpart C\u2014The Tier II Annuity Component", "", "\u00a7 228.50 Tier II annuity component widow(er), child, or parent.", "SSA", "", "", "", "(a)  General.  The tier II annuity component is an additional amount payable to a widow(er), disabled widow(er), child, or parent, but not to a surviving divorced spouse or remarried widow(er), and a parent as provided in paragraph (b)(2) of this section, based on the railroad employee's earnings in the railroad industry. Unlike the tier I annuity component it is not reduced for any other social insurance benefit except a railroad retirement annuity. See \u00a7\u00a7 228.20-228.23 of this part.\n\n(b)  Amount of the tier II annuity component (1981 amendment) \u2014(1)  Widow(er) or disabled widow(er).  The amount of a widow(er)'s or disabled widow(er)'s tier II annuity component is 50 percent of the amount of the employee's tier II which would have been payable in the month in which the widow became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time.\n\n(2)  Parent.  The amount of a parent's tier II annuity component is 35 percent of the amount of the employee's tier II annuity component which would have been payable in the month in which the parent became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time. However, if another survivor is entitled, or potentially entitled, to a tier II annuity component, the parent tier II annuity component is zero.\n\n(3)  Child.  The amount of each child's tier II annuity component is 15 percent of the employee's tier II annuity component which would have been payable in the month in which the child became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time.\n\n(c)  Minimum tier II survivor annuity components.  If the total tier II annuity components payable to survivors is less than 35 percent of the employee's tier II annuity component which would have been payable in the month the survivors became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time, the individual tier II annuity components computed in paragraph (b) of this section shall be increased proportionally so that the total of all such tier II annuity components equals 35 percent of the employee's tier II annuity component.\n\n(d)  Maximum tier II annuity components.  If the total tier II survivor annuity components payable to survivors exceeds 80 percent of the employee's tier II annuity component which would have been payable in the month the survivors became entitled had the employee been alive and entitled to an annuity under the Railroad Retirement Act at that time, the individual tier II annuity components computed in paragraph (b) of this section shall be reduced proportionally so that the total of all such tier II annuity components totals no more than 80 percent of the employee's tier II annuity component.\n\n(e)  Age reduction.  The tier II annuity component of a widow(er) or disabled widow(er) is subject to reduction by the same age reduction factor as is applicable to the tier I annuity component. See \u00a7 228.15 of this part."], ["20:20:1.0.2.8.22.3.155.2", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "C", "Subpart C\u2014The Tier II Annuity Component", "", "\u00a7 228.51 Takeback amount.", "SSA", "", "", "", "(a) The 1983 amendments to the Railroad Retirement Act provided that a portion of the cost-of-living increases payable on the tier I annuity component be offset from the amount of the tier II annuity. This amount is the takeback amount. The amount of the takeback and its application depends on the employee and survivor's annuity beginning dates.\n\n(b)(1) The tier II takeback amount for survivors whose annuity beginning date is January 1, 1984 or later is usually the amount of the employee's takeback amount. That amount is equal to 5 percent of the employee's primary insurance amount, less all applicable reductions (net tier I), on November 1, 1983. However, if the employee's annuity was reduced for a social security benefit but the survivor's annuity is not, the takeback amount is the amount the employee's annuity would have been reduced for the takeback if the employee's annuity had not been reduced for a social security benefit. If the employee's annuity had not been tiered or was being paid under the overall minimum, the Board will compute the amount of the tier II takeback that would have been applicable to the employee's annuity.\n\n(2) The tier II takeback amount for survivors whose annuity beginning date is before January 1, 1984 is equal to 5 percent of the survivor's net tier I annuity component, before deduction on account of work, on November 1, 1983.\n\n(3) The tier II takeback will be applied in accord with the above paragraphs in any case where the employee died or retired before January 1, 1984. If the employee died or retires after December 31, 1983, or the employee never retired and dies after December 31, 1993, no takeback will be applied to the survivor's annuity.\n\n(c) No takeback is applied if the survivor tier II annuity amount before the takeback is applied is $10.00 or less and cost-of-living increases have not increased the tier II annuity amount to more than $10.00 (the takeback may never reduce the tier II to an amount less than $10.00)."], ["20:20:1.0.2.8.22.3.155.3", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "C", "Subpart C\u2014The Tier II Annuity Component", "", "\u00a7 228.52 Restored amount.", "SSA", "", "", "", "(a)  General.  A restored amount is added to the tier II annuity component of a widow(er)'s annuity whose annuity is reduced for receipt of an employee annuity under the Railroad Retirement Act provided either the employee or the widow(er) had ten years of creditable railroad service prior to January 1, 1975.\n\n(b)  Amount.  The amount of the tier II restored amount for a widow(er) is the difference between the amount payable as a widow(er) under the Railroad Retirement Act of 1937 as increased by all annual social security cost-of-living percentage increases from January 1, 1975, until the later of the annuity beginning date of either the employee's annuity or the widow(er)'s annuity and the amount payable to the widow(er) under the Railroad Retirement Act of 1974 under the rules set forth in this part.\n\n(c)  Widower.  In order to qualify for an annuity under the 1937 Act and thus for a restored amount, a widower must have been dependent on his spouse for at least 50 percent of his support in the year prior to her death or at the time the spouse's annuity began."], ["20:20:1.0.2.8.22.3.155.4", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "C", "Subpart C\u2014The Tier II Annuity Component", "", "\u00a7 228.53 Spouse minimum guarantee.", "SSA", "", "", "", "The Railroad Retirement Act provides that a spouse should receive no less as a widow(er) than he or she received as a spouse. However, if the widow(er) becomes entitled to a social security benefit, thus reducing his or her annuity, the spouse minimum guarantee is payable only to the extent that it guarantees the amount that the widow(er) would have received as a spouse had he or she been entitled to a social security benefit in the month preceding the employee's death in an amount equal to the amount of the social security benefit payable at the time the widow(er) first became entitled to the social security benefit."], ["20:20:1.0.2.8.22.3.155.5", 20, "Employees' Benefits", "II", "B", "228", "PART 228\u2014COMPUTATION OF SURVIVOR ANNUITIES", "C", "Subpart C\u2014The Tier II Annuity Component", "", "\u00a7 228.60 Cost-of-living increase.", "SSA", "", "", "", "The tier II annuity component of a survivor annuity under the Railroad Retirement Act is increased by 32.5 percent of the percentage increase under section 215(i) of the Social Security Act at the same time that any such increase is payable. The amount of the increase is published in the  Federal Register  annually. The cost-of-living is payable beginning with the benefit payable for the month of December of the year for which the increase is due. The increase is paid in the January payment. In addition, in determining the amount of the tier II component at the time the survivor annuity begins, all cost-of-living increases that were applied or would have been applied after the employee's annuity beginning date or death and prior to the surviving annuity beginning date are taken into consideration."], ["40:40:27.0.1.3.22.0.17.1", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.1 Applicability.", "EPA", "", "", "", "The criteria of this part 228 are established pursuant to section 102 of the Act and apply to the evaluation of proposed ocean dumping under title I of the Act. The criteria of this part 228 deal with the evaluation of the proposed dumping of material in ocean waters in relation to continuing requirements for effective management of ocean disposal sites to prevent unreasonable degradation of the marine environment from all wastes being dumped in the ocean. This part 228 is applicable to dredged material disposal sites only as specified in \u00a7\u00a7 228.4(e), 228.9, and 228.12."], ["40:40:27.0.1.3.22.0.17.10", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.10 Evaluating disposal impact.", "EPA", "", "", "", "(a) Impact of the disposal at each site designated under section 102 of the Act will be evaluated periodically and a report will be submitted as appropriate as part of the Annual Report to Congress. Such reports will be prepared by or under the direction of the EPA management authority for a specific site and will be based on an evaluation of all data available from baseline and trend assessment surveys, monitoring surveys, and other data pertinent to conditions at and near a site.\n\n(b) The following types of effects, in addition to other necessary or appropriate considerations, will be considered in determining to what extent the marine environment has been impacted by materials disposed of at an ocean disposal site:\n\n(1) Movement of materials into estuaries or marine sanctuaries, or onto oceanfront beaches, or shorelines;\n\n(2) Movement of materials toward productive fishery or shellfishery areas;\n\n(3) Absence from the disposal site of pollution-sensitive biota characteristic of the general area;\n\n(4) Progressive, non-seasonal, changes in water quality or sediment composition at the disposal site, when these changes are attributable to materials disposed of at the site;\n\n(5) Progressive, non-seasonal, changes in composition or numbers of pelagic, demersal, or benthic biota at or near the disposal site, when these changes can be attributed to the effects of materials disposed of at the site;\n\n(6) Accumulation of material constituents (including without limitation, human pathogens) in marine biota at or near the site.\n\n(c) The determination of the overall severity of disposal at the site on the marine environment, including without limitation, the disposal site and adjacent areas, will be based on the evaluation of the entire body of pertinent data using appropriate methods of data analysis for the quantity and type of data available. Impacts will be categorized according to the overall condition of the environment of the disposal site and adjacent areas based on the determination by the EPA management authority assessing the nature and extent of the effects identified in paragraph (b) of this section in addition to other necessary or appropriate considerations. The following categories shall be used:\n\n(1)  Impact Category I:  The effects of activities at the disposal site shall be categorized in Impact Category I when one or more of the following conditions is present and can reasonably be attributed to ocean dumping activities;\n\n(i) There is identifiable progressive movement or accumulation, in detectable concentrations above normal ambient values, of any waste or waste constituent from the disposal site within 12 nautical miles of any shoreline, marine sanctuary designated under title III of the Act, or critical area designated under section 102(c) of the Act; or\n\n(ii) The biota, sediments, or water column of the disposal site, or of any area outside the disposal site where any waste or waste constituent from the disposal site is present in detectable concentrations above normal ambient values, are adversely affected by the toxicity of such waste or waste constituent to the extent that there are statistically significant decreases in the populations of valuable commercial or recreational species, or of specific species of biota essential to the propagation of such species, within the disposal site and such other area as compared to populations of the same organisms in comparable locations outside such site and area; or\n\n(iii) Solid waste material disposed of at the site has accumulated at the site or in areas adjacent to it, to such an extent that major uses of the site or of adjacent areas are significantly impaired and the Federal or State agency responsible for regulating such uses certifies that such significant impairment has occurred and states in its certificate the basis for its determination of such impairment; or\n\n(iv) There are adverse effects on the taste or odor of valuable commercial or recreational species as a result of disposal activities; or\n\n(v) When any toxic waste, toxic waste constituent, or toxic byproduct of waste interaction, is consistently identified in toxic concentrations above normal ambient values outside the disposal site more than 4 hours after disposal.\n\n(2)  Impact Category II:  The effects of activities at the disposal site which are not categorized in Impact Category I shall be categorized in Impact Category II."], ["40:40:27.0.1.3.22.0.17.11", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.11 Modification in disposal site use.", "EPA", "", "", "[42 FR 2482, Jan. 11, 1977; 43 FR 1071, Jan. 6, 1978]", "(a) Modifications in disposal site use which involve the withdrawal of designated disposal sites from use or permanent changes in the total specified quantities or types of wastes permitted to be discharged to a specific disposal site will be made through promulgation of an amendment to the disposal site designation set forth in this part 228 and will be based on the results of the analyses of impact described in \u00a7 228.10 or upon changed circumstances concerning use of the site.\n\n(b) Modifications in disposal site use promulgated pursuant to paragraph (a) of this section shall not automatically modify conditions of any outstanding permit issued pursuant to this subchapter H, and provided further that unless the EPA management authority for such site modifies, revokes or suspends such permit or any of the terms or conditions of such permit in accordance with the provisions of \u00a7 232.2 based on the results of impact analyses as described in \u00a7 228.10 or upon changed circumstances concerning use of the site, such permit will remain in force until its expiration date.\n\n(c) When the EPA management authority determines that activities at a disposal site have placed the site in Impact Category I, the Administrator or the Regional Administrator, as the case may be, shall place such limitations on the use of the site as are necessary to reduce the impacts to acceptable levels.\n\n(d) The determination of the Administrator as to whether to terminate or limit use of a disposal site will be based on the impact of disposal at the site itself and on the Criteria."], ["40:40:27.0.1.3.22.0.17.12", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.12 [Reserved]", "EPA", "", "", "", ""], ["40:40:27.0.1.3.22.0.17.13", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.13 Guidelines for ocean disposal site baseline or trend assessment surveys under section 102 of the Act.", "EPA", "", "", "", "The purpose of a baseline or trend assessment survey is to determine the physical, chemical, geological, and biological structure of a proposed or existing disposal site at the time of the survey. A baseline or trend assessment survey is to be regarded as a comprehensive synoptic and representative picture of existing conditions; each such survey is to be planned as part of a continual monitoring program through which changes in conditions at a disposal site can be documented and assessed. Surveys will be planned in coordination with the ongoing programs of NOAA and other Federal, State, local, or private agencies with missions in the marine environment. The field survey data collection phase of a disposal site evaluation or designation study shall be planned and conducted to obtain a body of information both representative of the site at the time of study and obtained by techniques reproducible in precision and accuracy in future studies. A full plan of study which will provide a record of sampling, analytical, and data reduction procedures must be developed, documented and approved by the EPA management authority. Plans for all surveys which will produce information to be used in the preparation of environmental impact statements will be approved by the Administrator or his designee. This plan of study also shall be incorporated as an appendix into a technical report on the study, together with notations describing deviations from the plan required in actual operations. Relative emphasis on individual aspects of the environment at each site will depend on the type of wastes disposed of at the site and the manner in which such wastes are likely to affect the local environment, but no major feature of the disposal site may be neglected. The observations made and the data obtained are to be based on the information necessary to evaluate the site for ocean dumping. The parameters measured will be those indicative, either directly or indirectly, of the immediate and long-term impact of pollutants on the environment at the disposal site and adjacent land or water areas. An initial disposal site evaluation or designation study should provide an immediate baseline appraisal of a particular site, but it should also be regarded as the first of a series of studies to be continued as long as the site is used for waste disposal.\n\n(a)  Timing.  Baseline or trend assessment surveys will be conducted with due regard for climatic and seasonal impact on stratification and other conditions in the upper layers of the water column. Where a choice of season is feasible, trend assessment surveys should be made during those months when pollutant accumulation within disposal sites is likely to be most severe, or when pollutant impact within disposal sites is likely to be most noticeable.\n\n(1) Where disposal sites are near large riverine inflows to the ocean, surveys will be done with due regard for the seasonal variation in river flow. In some cases several surveys at various river flows may be necessary before a site can be approved.\n\n(2) When initial surveys show that seasonal variation is not significant and surveys at greater than seasonable intervals are adequate for characterizing a site, resurveys shall be carried out in climatic conditions as similar to those of the original surveys as possible, particularly in depths less than 200 meters.\n\n(b)  Duration.  The actual duration of a field survey will depend upon the size and depth of the site, weather conditions during the survey, and the types of data to be collected. For example, for a survey of an area of 100 square miles on the continental shelf, including an average dump site and the region contiguous to it, an on-site operation would be scheduled for completion within one week of weather suitable for on-site operations. More on-site operating time may be scheduled for larger or highly complex sites.\n\n(c)  Numbers and locations of sampling stations.  The numbers and locations of sampling stations will depend in part on the local bathymetry with minimum numbers of stations per site fixed as specified in the following sections. Where the bottom is smooth or evenly sloping, stations for water column measurements and benthic sampling and collections, other than trawls, shall be spaced throughout the survey area in a manner planned to provide maximum coverage of both the disposal site and contiguous control areas, considering known water movement characteristics. Where there are major irregularities in the bottom topography, such as canyons or gullies, or in the nature of the bottom, sampling stations for sediments and benthic communities shall be spaced to provide representative sampling of the major different features.\n\nSampling shall be done within the dump site itself and in the contiguous area. Sufficient control stations outside a disposal site shall be occupied to characterize the control area environment at least as well as the disposal site itself. Where there are known persistent currents, sampling in contiguous areas shall include at least two stations downcurrent of the dump site, and at least two stations upcurrent of the site.\n\n(d)  Measurements in the water column at and near the dump site \u2014(1)  Water quality parameters measured.  These shall include the major indicators of water quality, particularly those likely to be affected by the waste proposed to be dumped. Specifically included at all stations are measurements of temperature, dissolved oxygen, salinity, suspended solids, turbidity, total organic carbon, pH, inorganic nutrients, and chlorophyll  a.\n\n(i) At one station near the center of the disposal site, samples of the water column shall be taken for the analysis of the following parameters: Mercury, cadmium, copper, chromium, zinc, lead, arsenic, selenium, vanadium, beryllium, nickel, pesticides, petroleum hydrocarbons, and persistent organoha-logens. These samples shall be preserved for subsequent analysis by or under the direct supervision of EPA laboratories in accordance with the approved plan of study.\n\n(ii) These parameters are the basic requirements for all sites. For the evaluation of any specific disposal site additional measurements may be required, depending on the present or intended use of the site. Additional parameters may be selected based on the materials likely to be in wastes dumped at the site, and on parameters likely to be affected by constituents of such wastes. Analysis for other constituents characteristic of wastes discharged to a particular disposal site, or of the impact of such wastes on water quality, will be included in accordance with the approved plan of study.\n\n(2)  Water quality sampling requirements.  The number of samples collected from the water column should be sufficient to identify representative changes throughout the water column such as to avoid short-term impact due to disposal activities. The following key locations should be considered in selecting water column depths for sampling:\n\n(i) Surface, below interference from surface waves;\n\n(ii) Middle of the surface layer;\n\n(iii) Bottom of the surface layer;\n\n(iv) Middle of the thermocline or halocline, or both if present;\n\n(v) Near the top of the stable layer beneath a thermocline or halocline;\n\n(vi) Near the middle of a stable layer;\n\n(vii) As near the bottom as feasible;\n\n(viii) Near the center of any zone showing pronounced biological activity or lack thereof.\n\nIn very shallow waters where only a few of these would be pertinent, as a minimum, surface, mid-depth and bottom samples shall be taken, with samples at additional depths being added as indicated by local conditions. At disposal sites far enough away from the influence of major river inflows, ocean or coastal currents, or other features which might cause local perturbations in water chemistry, a minimum of 5 water chemistry stations should be occupied within the boundaries of a site. Additional stations should be added when the area to be covered in the survey is more than 20 square miles or when local perturbations in water chemistry may be expected because of the presence of one of the features mentioned above. In zones where such impacts are likely, stations shall be distributed so that at least 3 stations are occupied in the transition from one stable regime to another. Each water column chemistry station shall be replicated a minimum of 2 times during a survey except in waters over 200 meters deep.\n\n(3)  Water column biota.  Sampling stations for the biota in the water column shall be as near as feasible to stations used for water quality; in addition at least two night-time stations in the disposal site and contiguous area are required. At each station vertical or oblique tows with appropriately-meshed nets shall be used to assess the microzooplankton, the nekton, and the macrozooplankton, Towing times and distances shall be sufficient to obtain representative samples of organisms near water quality stations. Organisms shall be sorted and identified to taxonomic levels necessary to identify dominant organisms, sensitive or indicator organisms, and organism diversity. Tissue samples of representative species shall be analyzed for pesticides, persistent organohalogens, and heavy metals. Discrete water samples shall also be used to quantitatively assess the phytoplankton at each station.\n\nThese requirements are the minimum necessary in all cases. Where there are discontinuities present, such as thermoclines, haloclines, convergences, or upwelling, additional tows shall be made in each water mass as appropriate.\n\n(e)  Measurements of the benthic region \u2014(1)  Bottom sampling.  Samples of the bottom shall be taken for both sediment composition and structure, and to determine the nature and numbers of benthic biota.\n\n(i) At each station sampling may consist of core samples, grab samples, dredge samples, trawls, and bottom photography or television, where available and feasible, depending on the nature of the bottom and the type of disposal site. Each type of sampling shall be replicated sufficiently to obtain a representative set of samples. The minimum numbers of replicates of successful samples at each continental shelf station for each type of device mentioned above are as follows:\n\nLesser numbers of replicates may be allowed in water deeper than 200 meters, at those sites where pollution impacts on the bottom are unlikely in the judgment of the EPA management authority.\n\n(ii) Selection of bottom stations will be based to a large extent on the bottom topography and hydrography as determined by the bathymetric survey. On the continental shelf, where the bottom has no significant discontinuities, a bottom station density of at least three times the water column stations is recommended, depending on the type of site being evaluated. Where there are significant differences in bottom topography, additional stations shall be occupied near the discontinuity and on each side of it. Beyond the continental shelf, lesser densities may be used.\n\n(2)  Bathymetric survey.  Sufficient tracklines shall be run to develop complete bottom coverage of bathymetry with reasonable assurance of accurate coverage of bottom topography, with trackline direction and spacing as close as available control allows. The site itself is to be developed at the greatest density possible, with data to be collected to a suitable distance about the site as is required to identify major changes in bathymetry which might affect the site. Specifications for each bathymetric survey will vary, depending on control, bottom complexity, depths, equipment, and map scale required. In most cases, a bathymetric map at a scale of 1:25,000 to 1:10,000 will be required, with a minimum of 1-5 meter contour interval except in very flat areas. When the foregoing bathymetric detail is available from recent surveys of the disposal site, bathymetry during a baseline or trend assessment survey may be limited to sonar profiles of bathymetry on transects between sampling stations.\n\n(3)  Nature of bottom.  The size distribution of sediments, mineral character and chemical quality of the bottom will be determined to a depth appropriate for the type of bottom. The following parameters will be measured at all stations: Particle size distribution, major mineral constituents, texture, settling rate, and organic carbon.\n\n(i) At several stations near the center of the disposal site, samples of sediments shall be taken for the analysis of the following parameters: Mercury, cadmium, copper, chromium, zinc, lead, arsenic, selenium, vanadium, beryllium, nickel, pesticides, persistent organohalogens, and petroleum hydrocarbons. These samples shall be preserved for subsequent analysis by or under the direct supervision of EPA laboratories in accordance with the approved plan of study.\n\n(ii) These parameters are the basic requirements for all sites. For the evaluation of any specific disposal site additional measurements may be required, depending on the present or intended use of the site. Additional parameters may be selected based on the materials likely to be in wastes dumped at the site, and on parameters likely to be affected by constituents of such wastes. Such additional parameters will be selected by the EPA management authority.\n\n(4)  Benthic biota.  This shall consist of a quantitative and qualitative evaluation of benthic communities including macroinfauna and macroepifauna, meiobenthos, and microbenthos, and should include an appraisal, based on existing information, of the sensitivity of indigenous species to the waste proposed to be discharged. Organisms, shall be sorted, and identified to taxonomic levels necessary to identify dominant organisms, sensitive or indicator organisms, and organism diversity. Tissue samples of the following types of organisms shall be analyzed for persistent organohalogens, pesticides, and heavy metals:\n\n(i) A predominant species of demersal fish;\n\n(ii) The most abundant macroinfaunal species; and\n\n(iii) A dominant epifaunal species, with particular preference for a species of economic importance.\n\n(f)  Other measurements \u2014(1)  Hydrodynamic features.  The direction and speed of water movement shall be characterized at levels appropriate for the site and type of waste to be dumped. Where depths and climatic conditions are great enough for a thermocline or halocline to exist, the relationship of water movement to such a feature shall be characterized.\n\n(i)  Current measurements.  When current meters are used as the primary source of hydrodynamic data, at least 4 current meter stations with at least 3 meters at depths appropriate for the observed or expected discontinuities in the water column should be operated for as long as possible during the survey. Where feasible, current meters should be deployed at the initiation of the survey and recovered after its completion. Stations should be at least a mile apart, and should be placed along the long axis of the dumping site. For dumping sites more than 10 miles along the long axis, one current meter station every 5 miles should be operated. Where there are discontinuities in surface layers, e.g., due to land runoff, stations should be operated in each water mass.\n\n(ii)  Water mass movement.  Acceptable methods include: dye, drogues, surface drifters, side scan sonar, bottom drifters, and bottom photography or television. When such techniques are the primary source of hydrodynamic data, coverage should be such that all significant hydrodynamic features likely to affect waste movement are measured.\n\n(2)  Sea state.  Observations of sea state and of standard meteorological parameters shall be made at 8-hour intervals.\n\n(3)  Surface phenomena.  Observations shall be made of oil slicks, floating materials, and other visible evidence of pollution; and, where possible, collections of floating materials shall be made.\n\n(g)  Survey procedures and techniques.  Techniques and procedures used for sampling and analysis shall represent the state-of-the-art in oceanographic survey and analytical practice. Survey plans shall specify the methods to be used and will be subject to approval by EPA.\n\n(h)  Quality assurance.  The EPA management authority may require that certain samples be submitted on a routine basis to EPA laboratories for analysis as well as being analyzed by the surveyor, and that EPA personnel participate in some field surveys."], ["40:40:27.0.1.3.22.0.17.14", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.14 [Reserved]", "EPA", "", "", "", ""], ["40:40:27.0.1.3.22.0.17.15", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.15 Dumping sites designated on a final basis.", "EPA", "", "", "[59 FR 61130, Nov. 29, 1994]", "(a)(1) The sites identified in this section are approved for dumping the indicated materials. Designation of these sites was based on environmental studies conducted in accordance with the provisions of this part 228, and the sites listed in this section have been found to meet the site designation criteria of \u00a7\u00a7 228.5 and 228.6.\n\n(2) Unless otherwise specifically noted, site management authority for each site set forth in this section is delegated to the EPA Regional office under which the site entry is listed.\n\n(3) Unless otherwise specifically noted, all ocean dumping site coordinates are based upon the North American Datum of 1983 (NAD83). Further, note that the coordinates for each ocean disposal site may include either sexagesimal units (degrees, minutes, seconds) or decimal units (degrees, decimal minutes).\n\n(b) Region I Final Dredged Material Sites.\n\n(1) Portland, Maine, Dredged Material Disposal Site.\n\n(i)  Location:  43\u00b033\u203236\u2033 N., 70\u00b002\u203242\u2033 W.; 43\u00b033\u203236\u2033 N., 70\u00b001\u203218\u2033 W.; 43\u00b034\u203236\u2033 N., 70\u00b002\u203242\u2033 W.; 43\u00b034\u203236\u2033 N., 70\u00b001\u203218\u2033 W.\n\n(ii)  Size:  One square nautical mile.\n\n(iii)  Depth:  50 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(2) Massachusetts Bay Disposal Site.\n\n(i)  Location:  Two overlapping circles: Center of existing MBDS: 42\u00b025.1\u2032 N, 70\u00b035.0\u2032 W, 1 nautical mile radius; Center of temporary expansion: 42\u00b026.417\u2032 N, 70\u00b035.373\u2032 W, 0.75 nautical mile radius (NAD 1983).\n\n(ii)  Size:  4.60 sq. nautical miles.\n\n(iii)  Depth:  Range from 70 to 91 meters.\n\n(iv)  Exclusive Use:  Dredged material.\n\n(v)  Period of Use:  Continuing.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material which meets the requirements of the MPRSA and its accompanying regulations. Disposal-and-capping is prohibited at the MBDS until its efficacy can be effectively demonstrated. The temporary expansion of the MBDS shall be used solely for the disposal of suitable dredged material generated during the Boston Harbor Deep Draft Navigation Project using the berm-building method devised and tested by the U.S. Army Corps of Engineers. The temporary expansion will automatically close upon completion of the Boston Harbor Deep Draft Navigation Project.\n\n(3) Rhode Island Sound Disposal Site (RISDS).\n\n(i)  Location:  Corner Coordinates (NAD 1983): 41\u00b014\u203221\u2033 N, 71\u00b023\u203229\u2033 W; 41\u00b014\u203221\u2033 N, 71\u00b022\u203209\u2033 W; 41\u00b013\u203221\u2033 N, 71\u00b023\u203229\u2033 W; 41\u00b013\u203221\u2033 N, 71\u00b022\u203209\u2033 W.\n\n(ii)  Size:  One square nautical mile.\n\n(iii)  Depth:  Ranges from 115 to 128 feet (35 to 39 meters).\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(4) Central Long Island Sound Dredged Material Disposal Site (CLDS).\n\n(i)  Location:  Corner Coordinates (NAD 1983) 41\u00b09.5\u2032 N., 72\u00b054.4\u2032 W.; 41\u00b09.5\u2032 N., 72\u00b051.5\u2032 W.; 41\u00b008.4\u2032 N., 72\u00b054.4\u2032 W.; 41\u00b008.4\u2032 N., 72\u00b051.5\u2032 W.\n\n(ii)  Size:  A 1.1 by 2.2 nautical mile rectangular area, about 2.42 square nautical miles in size.\n\n(iii)  Depth:  Ranges from 56 to 77 feet (17 to 23.5 meters).\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  The designation in this paragraph (b)(4) sets forth conditions for the use of the Central Long Island Sound (CLDS), Western Long Island Sound (WLDS) and Eastern Long Island Sound (ELDS) Dredged Material Disposal Sites. These conditions apply to all disposal subject to the MPRSA, namely, all federal projects and nonfederal projects greater than 25,000 cubic yards. All references to \u201cpermittees\u201d shall be deemed to include the U.S. Army Corps of Engineers (USACE) when it is authorizing its own dredged material disposal from a USACE dredging project. The conditions for this designation are as follows:\n\n(A) Disposal shall be limited to dredged material from Long Island Sound and vicinity.\n\n(B) Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(C) Disposal of dredged material at the designated sites pursuant to the designation in this paragraph (b)(4) shall be allowed if, after full consideration of recommendations provided by the Long Island Sound Regional Dredging Team (LIS RDT) if the members of the LIS RDT reach consensus, or provided by the LIS RDT's member agencies if no consensus is achieved, the USACE finds (and EPA does not object to such finding), based on a fully documented analysis, that for a given dredging project:\n\n( 1 ) There are no practicable alternatives (as defined in 40 CFR 227.16(b)) to open-water disposal in Long Island Sound. Any available practicable alternative to open-water disposal will be fully utilized for the maximum volume of dredged material practicable;\n\n( 2 ) Determinations relating to paragraph (b)(4)(vi)(C)( 1 ) of this section will recognize that, consistent with 40 CFR 227.16(b), a practicable alternative to open-water disposal may add reasonable incremental costs. Disposal of dredged material at the designated sites pursuant to this paragraph (b)(4) shall not be allowed to the extent that a practicable alternative is available.\n\n( 3 ) The following standards for different dredged material types have been appropriately considered:\n\n( i )  Unsuitable material.  Disposal shall be limited to dredged sediments that comply with the Ocean Dumping Regulations.\n\n( ii )  Suitable sandy material.  Suitable coarse-grained material, which generally may include up to 20 percent fines when used for direct beach placement, or up to 40 percent fines when used for nearshore bar/berm nourishment, should be used for beach or nearshore bar/berm nourishment or other beneficial use whenever practicable. If no other alternative is determined to be practicable, suitable course-grained material may be placed at the designated sites.\n\n( iii )  Suitable fine-grained material.  This material has typically greater than 20 to 40 percent fine content and, therefore, is not typically considered appropriate for beach or nearshore placement, but has been determined to be suitable for open-water placement by testing and analysis. Materials dredged from upper river channels in the Connecticut, Housatonic and Thames Rivers should, whenever possible, be disposed of at existing Confined Open Water sites, on-shore, or through in-river placement. Other beneficial uses such as marsh creation, should be examined and used whenever practicable. If no other alternative is determined to be practicable, suitable fine-grained material may be placed at the designated sites.\n\n(D)  Source reduction.  Efforts to control sediment entering waterways can reduce the need for maintenance dredging of harbor features and facilities by reducing shoaling rates. Federal, state and local agencies tasked with regulating discharges into the watershed should continue to exercise their authorities under various statues and regulations in a continuing effort to reduce the flow of sediments into state waterways and harbors.\n\n(E) There is established a Long Island Sound Dredging Steering Committee (Steering Committee), consisting of high-level representatives from the states of Connecticut and New York, EPA, USACE, and, as appropriate, other federal and state agencies. The Steering Committee will provide policy-level direction to the Long Island Sound Regional Dredging Team (LIS RDT) and facilitate high-level collaboration among the agencies critical to promoting the development and use of beneficial alternatives for dredged material. State participation on the LIS RDT and Steering Committee is voluntary. The Steering Committee is charged with: Establishing a baseline for the volume and percentage of dredged material being beneficially used and placed at the open-water sites; establishing a reasonable and practicable series of stepped objectives, including timeframes, to increase the percentage of beneficially used material while reducing the percentage and amount being disposed in open water, and while recognizing that the amounts of dredged material generated by the dredging program will naturally fluctuate from year to year; and developing accurate methods to track the placement of dredged material, with due consideration for annual fluctuations. The stepped objectives should incorporate an adaptive management approach while aiming for continuous improvement. When tracking progress the Steering Committee should recognize that exceptional circumstances may result in delays in meeting an objective. Exceptional circumstances should be infrequent, irregular, and unpredictable. It is expected that each of the member agencies will commit the necessary resources to support the LIS RDT and Steering Committee's work, including the collection of data necessary to support establishing the baseline and tracking and reporting on the future disposition of dredged material. The Steering Committee may utilize the LIS RDT, as appropriate, to carry out the tasks assigned to it. The Steering Committee, with the support of the LIS RDT, will guide a concerted effort to encourage greater use of beneficial use alternatives, including piloting alternatives, identifying possible resources, and eliminating regulatory barriers, as appropriate.\n\n(F) The goal of the Long Island Sound Regional Dredging Team (LIS RDT), working in cooperation with, and support of, the Steering Committee, is to reduce or eliminate wherever practicable the open-water disposal of dredged material. The LIS RDT's purpose, geographic scope, membership, organization, and procedures are provided as follows:\n\n( 1 )  Purpose.  The LIS RDT will:\n\n( i ) Review dredging projects and make recommendations as described in paragraph (vi)(C) above. The LIS RDT will report to the USACE on its review of dredging projects within 30 days of receipt of project information. Project proponents should consult with the LIS RDT early in the development of those projects to ensure that alternatives to open-water placement are fully considered.\n\n( ii ) Assist the Steering Committee in: Establishing a baseline for the volume and percentage of dredged material being beneficially used and placed at the open water sites; establishing a reasonable and practicable series of stepped objectives, including timeframes, to increase the percentage of beneficially used material while reducing the percentage and amount being disposed in open water, recognizing that the volume of dredged material generated by the dredging program will naturally fluctuate from year to year; and developing accurate methods to track and report on the placement of dredged material, with due consideration for annual fluctuations.\n\n( iii ) In coordination with the Steering Committee, serve as a forum for: Continuing exploration of new beneficial use alternatives to open-water disposal; matching the availability of beneficial use alternatives with dredging projects; exploring cost-sharing opportunities; and promoting opportunities for beneficial use of clean, parent marine sediments often generated in the development of CAD cells.\n\n( iv ) Assist the USACE and EPA in continuing long-term efforts to monitor dredging impacts in Long Island Sound, including supporting the USACE's DAMOS (Disposal Area Monitoring System) program and related efforts to study the long-term effects of open-water placement of dredged material.\n\n( 2 )  Geographic scope.  The geographic scope of the LIS RDT includes all of Long Island Sound and adjacent waters landward of the seaward boundary of the territorial sea (three-mile limit) or, in other words, from Throgs Neck to a line three miles seaward of the baseline across western Block Island Sound.\n\n( 3 )  Membership.  The LIS RDT shall be comprised of representatives from the states of Connecticut and New York, EPA, USACE, and, as appropriate, other federal and state agencies. As previously noted, state participation on the LIS RDT is voluntary.\n\n( 4 )  Organization and procedures.  Specific details regarding structure (e.g., chair, committees, working groups) and process shall be determined by the LIS RDT and may be revised as necessary to best accomplish the team's purpose.\n\n(G) If the volume of open-water disposal of dredged material, as measured in 2026, has not declined or been maintained over the prior ten years, then any party may petition EPA to conduct a rulemaking to amend the restrictions on the use of the sites.\n\n(H) Disposal shall be limited to dredged sediments that comply with the Ocean Dumping Regulations.\n\n(I) Disposal of dredged material at the designated sites pursuant to the designation in this paragraph (b)(4) shall not be allowed for any materials subject to a waiver under 33 U.S.C. 1413(d) unless, for any project where a waiver is sought, the New England or New York District of the USACE provides notification, by certified mail at least thirty (30) days before making the waiver request, to the Governors of the states of Connecticut and New York and the North Atlantic Division of the USACE that it will be requesting a waiver.\n\n(J) Transportation of dredged material to the sites shall only be allowed when weather and sea conditions will not interfere with safe transportation and will not create risk of spillage, leak or other loss of dredged material in transit. No disposal trips shall be initiated when the National Weather Service has issued a gale warning for local waters during the time period necessary to complete dumping operations.\n\n(K) Nothing in the designation in this paragraph (b)(4) or elsewhere precludes the EPA from exercising its statutory authority to designate other ocean disposal sites, not subject to the restrictions in paragraph (b)(4)(vi), or taking any subsequent action to modify the site designation in paragraph (b)(4), provided that the EPA makes any such designation or takes such subsequent action through a separate rulemaking in accordance with all applicable legal requirements. Nothing in this designation shall be interpreted to restrict the EPA's authorities under the MPRSA or the implementing regulations or to amend the implementing regulations.\n\n(5) Western Long Island Sound Dredged Material Disposal Site (WLDS).\n\n(i)  Location:  Corner Coordinates (NAD 1983) 41\u00b000.1\u2032 N., 73\u00b029.8\u2032 W.; 41\u00b000.1\u2032 N., 73\u00b028.1\u2032 W.; 40\u00b058.9\u2032 N., 73\u00b029.8\u2032 W.; 40\u00b058.9\u2032 N., 73\u00b028.1\u2032 W.\n\n(ii)  Size:  A 1.2 by 1.3 nautical mile rectangular area, about 1.56 square nautical miles in size.\n\n(iii)  Depth:  Ranges from 79 to 118 feet (24 to 36 meters).\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  See 40 CFR 228.15(b)(4)(vi).\n\n(6) Eastern Long Island Sound Dredged Material Disposal Site (ELDS).\n\n(i)  Location:  Corner Coordinates (NAD83) 41\u00b015.81\u2032 N., 72\u00b005.23\u2032 W.; 41\u00b016.81\u2032 N., 72\u00b005.23\u2032 W.; 41\u00b016.81\u2032 N., 72\u00b007.22\u2032 W.; 41\u00b015.97\u2032 N., 72\u00b007.22\u2032 W.; 41\u00b015.81\u2032 N., 72\u00b006.58\u2032 W.\n\n(ii)  Size:  A 1 x 1.5 nautical mile irregularly-shaped polygon, with an area of 1.3 square nautical miles (nmi\n 2 ) due to the exclusion of bedrock areas. North-central bedrock area corner coordinates (NAD83) are: 41\u00b016.34\u2032 N., 72\u00b005.89\u2032 W.; 41\u00b016.81\u2032 N., 72\u00b005.89\u2032 W.; 41\u00b016.81\u2032 N., 72\u00b006.44\u2032 W.; 41\u00b016.22\u2032 N., 72\u00b006.11\u2032 W.\n\n(iii)  Depth:  Ranges from 59 to 100 feet (18 m to 30 m).\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  See paragraphs (b)(4)(vi)(A) through (N) of this section.\n\n(7) Isles of Shoals North Dredged Material Disposal Site (IOSN).\n\n(i)  Location:  A 8,530-foot (2,600-meter) diameter circle on the seafloor with its center located at 70\u00b0 26.995\u2032 W and 43\u00b0 1.142\u2032 N.\n\n(ii)  Size:  1,312 acres (57,150,000 square feet).\n\n(iii)  Depth:  Ranges from 295 to 328 feet (90 to 100 m).\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material that meets the requirements of the MPRSA and its implementing regulations at 40 CFR parts 220 through 228.\n\n(c) Region I Final Other Wastes Sites.\n\n(1) No final sites.\n\n(2) [Reserved]\n\n(d) Region II Final Dredged Material Sites.\n\n(1) Fire Island Inlet, Long Island, New York Dredged Material Disposal Site.\n\n(i)  Location:  40\u00b036\u203249\u2033 N, 73\u00b023\u203250\u2033 W; 40\u00b037\u203212\u2033 N, 73\u00b021\u203230\u2033 W; 40\u00b036\u203241\u2033 N, 73\u00b021\u203220\u2033 W; 40\u00b036\u203210\u2033 N, 3\u00b023\u203240\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 1.09 square nautical miles.\n\n(iii)  Depth:  Ranges from 7 to 10 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from Fire Island Inlet, Long Island, New York.\n\n(2) Jones Inlet, Long Island, New York Dredged Material Disposal Site.\n\n(i)  Location:  40\u00b034\u203232\u2033 N, 73\u00b039\u203214\u2033 W; 40\u00b034\u203232\u2033 N, 73\u00b037\u203206\u2033 W; 40\u00b033\u203248\u2033 N, 73\u00b037\u203206\u2033 W; 40\u00b033\u203248\u2033 N, 73\u00b039\u203214\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 1.19 square nautical miles.\n\n(iii)  Depth:  Ranges from 7 to 10 meters.\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from Jones Island Inlet, Long Island, New York.\n\n(3) East Rockaway Inlet, Long Island NY Dredged Material Disposal Site.\n\n(i)  Location:  40\u00b034\u203236\u2033 N, 73\u00b049\u203200\u2033 W; 40\u00b035\u203206\u2033 N, 73\u00b047\u203206\u2033 W; 40\u00b034\u203210\u2033 N, 73\u00b048\u203206\u2033 W; 40\u00b034\u203212\u2033 N, 73\u00b047\u203217\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 0.81 square nautical miles.\n\n(iii)  Depth:  Ranges from 6 to 9 meters.\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from East Rockaway Inlet, Long Island, New York.\n\n(4) Rockaway Inlet, Long Island, New York Dredged Material Disposal Site.\n\n(i)  Location:  40\u00b032\u203230\u2033 N, 73\u00b055\u203200\u2033 W; 40\u00b032\u203230\u2033 N, 73\u00b054\u203200W\u2033; 40\u00b032\u203200\u2033 N, 73\u00b054\u203200\u2033 W; 40\u00b032\u203200\u2033 N, 73\u00b055\u203200\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 0.38 square nautical miles.\n\n(iii)  Depth:  Ranges from 8 to 11 meters.\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from Rockaway Inlet, Long Island, New York.\n\n(5) Shark River, New Jersey Dredged Material Disposal Site.\n\n(i)  Location:  40\u00b012\u203248\u2033 N, 73\u00b059\u203245\u2033 W; 40\u00b012\u203244\u2033 N, 73\u00b059\u203206\u2033 W; 40\u00b011\u203236\u2033 N, 73\u00b059\u203228\u2033 W; 40\u00b011\u203242\u2033 N, 74\u00b000\u203212\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 0.6 square nautical miles.\n\n(iii)  Depth:  Approximately 12 meters.\n\n(iv)  Primary use:  Dredged material disposal.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from Shark River Inlet, New Jersey.\n\n(6) Historical Area Remediation Site (HARS) Designation/Mud Dump Site Termination.\n\n(i) Status of Former Mud Dump Site: The Mud Dump Site, designated as an Impact Category I site on May 4, 1984, is terminated.\n\n(ii) Location: (A) The HARS (which includes the 2.2 square nautical mile area of the former Mud Dump Site) is a 15.7 square nautical mile area located approximately 3.5 nautical miles east of Highlands, New Jersey and 7.7 nautical miles south of Rockaway, Long Island. The HARS consists of a Primary Remediation Area (PRA), a Buffer Zone, and a No Discharge Zone. The HARS is bounded by the following coordinates:\n\nDMS = Degrees, Minutes, Seconds.\n\nDDM = Degrees, Decimal Minutes.\n\n(B) The PRA, is a 9.0 square nautical mile area to be remediated with at least a 1 meter cap of the Material for Remediation. The PRA is bounded by the following coordinates:\n\nDMS = Degrees, Minutes, Seconds.\n\nDDM = Degrees, Decimal Minutes.\n\n(iii) Size: 15.7 square nautical miles.\n\n(iv) Depth: Ranges from 12 to 42 meters.\n\n(v) Restrictions on Use:\n\n(A) The site will be managed so as to reduce impacts within the PRA to acceptable levels in accordance with 40 CFR 228.11(c). Use of the site will be restricted to dredged material suitable for use as the Material for Remediation. This material shall be selected so as to ensure it will not cause significant undesirable effects including through bioaccumulation or unacceptable toxicity, in accordance with 40 CFR 227.6.\n\n(B) Placement of Material for Remediation will be limited to the PRA. Placement of Material for Remediation within the PRA is not allowed in a 0.27 nautical mile radius around the following coordinates due to the presence of shipwrecks: 40\u00b025.30\u2032 W, 73\u00b052.80\u2032 N; 40\u00b025.27\u2032 W, 73\u00b052.13\u2032 N; 40\u00b025.07\u2032 W, 73\u00b050.05\u2032 N; 40\u00b022.46\u2032 W, 73\u00b053.27\u2032 N.\n\n(C) No placement of material may take place within the Buffer Zone, although this zone may receive material that incidentally spreads out of the PRA. The Buffer Zone is an approximately 5.7 square nautical mile area (0.27 nautical mile wide band around the PRA), which is bounded by the following coordinates:\n\nDMS = Degrees, Minutes, Seconds.\n\nDDM = Degrees, Decimal Minutes.\n\n(D) No placement or incidental spread of the material is allowed within the No Discharge Zone, an approximately 1.0 square nautical mile area, bounded by the following coordinates:\n\nDMS = Degrees, Minutes, Seconds.\n\nDDM = Degrees, Decimal Minutes.\n\n(E) HARS-specific Polychlorinated Biphenyl (PCB) Tissue Criterion: Total PCB bioaccumulation worm test results for dredged material approved for placement at the HARS as Material for Remediation shall not exceed the HARS-specific PCB tissue criterion of 113 ppb. This HARS-specific PCB tissue criterion will be applied to the arithmetic mean concentration reported for the analyses of the worm tissue replicates exposed to the tested sediments, without the use of statistical confidence limits.\n\n(vi) Period of Use: Continuing use until EPA determines that the PRA has been sufficiently capped with at least 1 meter of the Material for Remediation. At that time, EPA will undertake any necessary rulemaking to de-designate the HARS.\n\n(7) Manasquan, New Jersey Dredged Material Disposal Site.\n\n(i)  Location:  40\u00b006\u203236\u2033 N, 74\u00b001\u203234\u2033 W; 40\u00b006\u203219\u2033 N, 74\u00b001\u203239\u2033 W; 40\u00b006\u203218\u2033 N, 74\u00b001\u203253\u2033 W; 40\u00b006\u203241\u2033 N, 74\u00b001\u203251\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 0.11 square nautical miles.\n\n(iii)  Depth:  Approximately 18 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from Manasquan Inlet, New Jersey.\n\n(8) Absecon Inlet, NJ Dredged Material Disposal Site.\n\n(i)  Location:  39\u00b020\u203239\u2033 N, 74\u00b018\u203243\u2033 W; 39\u00b020\u203230\u2033 N, 74\u00b018\u203225\u2033 W; 39\u00b020\u203203\u2033 N, 74\u00b018\u203243\u2033 W; 39\u00b020\u203212\u2033 N, 74\u00b019\u203201\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 0.28 square nautical miles.\n\n(iii)  Depth:  Approximately 17 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from Absecon Inlet, New Jersey.\n\n(9) Cold Spring Inlet, NJ Dredged Material Disposal Site.\n\n(i)  Location:  38\u00b055\u203252\u2033 N, 74\u00b053\u203204\u2033 W; 38\u00b055\u203237\u2033 N, 74\u00b052\u203255\u2033 W; 38\u00b055\u203223\u2033 N, 74\u00b053\u203227\u2033 W; 38\u00b055\u203236\u2033 N, 74\u00b053\u203236\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 0.13 square nautical miles.\n\n(iii)  Depth:  Approximately 9 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from Cold Spring Inlet, New Jersey.\n\n(10) San Juan Harbor, PR, Dredged Material Site.\n\n(i)  Location:  18\u00b030\u203210\u2033 N, 66\u00b009\u203231\u2033 W; 18\u00b030\u203210\u2033 N, 66\u00b008\u203229\u2033 W; 18\u00b031\u203210\u2033 N, 66\u00b008\u203229\u2033 W; 18\u00b031\u203210\u2033 N, 66\u00b009\u203231\u2033 W (NAD27).\n\n(ii)  Size:  0.98 square nautical mile.\n\n(iii)  Depth:  Ranges from 200 to 400 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(11) Arecibo Harbor, PR Dredged Material Disposal Site.\n\n(i)  Location:  18\u00b031\u203200\u2033 N, 66\u00b043\u203247\u2033 W; 18\u00b031\u203200\u2033 N, 66\u00b042\u203245\u2033 W; 18\u00b030\u203200\u2033 N, 66\u00b042\u203245\u2033 W; 18\u00b030\u203200\u2033 N, 66\u00b043\u203247\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 1 square nautical mile.\n\n(iii)  Depth:  Ranges from 101 to 417 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(12) Mayaguez Harbor, PR Dredged Material Disposal Site.\n\n(i)  Location:  18\u00b015\u203230\u2033 N, 67\u00b016\u203213\u2033 W; 18\u00b015\u203230\u2033 N, 67\u00b015\u203211\u2033 W; 18\u00b014\u203230\u2033 N, 67\u00b015\u203211\u2033 W; 18\u00b014\u203230\u2033 N, 67\u00b016\u203213\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 1 square nautical mile.\n\n(iii)  Depth:  Ranges from 351 to 384 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(13) Ponce Harbor, PR Dredged Material Disposal Site.\n\n(i)  Location:  17\u00b054\u203200\u2033 N, 66\u00b037\u203243\u2033 W; 17\u00b054\u203200\u2033 N, 66\u00b036\u203241\u2033 W; 17\u00b053\u203200\u2033 N, 66\u00b036\u203241\u2033 W; 17\u00b053\u203200\u2033 N, 66\u00b037\u203243\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 1 square nautical mile.\n\n(iii)  Depth:  Ranges from 329 to 457 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(14) Yabucoa Harbor, PR Dredged Material Disposal Site.\n\n(i)  Location:  18\u00b003\u203242\u2033 N, 65\u00b042\u203249\u2033 W; 18\u00b003\u203242\u2033 N, 65\u00b041\u203247\u2033 W; 18\u00b002\u203242\u2033 N, 65\u00b041\u203247\u2033 W; 18\u00b002\u203242\u2033 N, 65\u00b042\u203249\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 1 square nautical mile.\n\n(iii)  Depth:  Ranges from 549 to 914 meters.\n\n(iv)  Primary Use:  Dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(e) Region II Final Other Wastes Sites.\n\n(1) No final sites.\n\n(2) [Reserved]\n\n(f) Region III Final Dredged Material Sites.\n\n(1) Dam Neck, Virginia, Dredged Material Disposal Site.\n\n(i)  Location:  36\u00b051\u203224.1\u2033 N., 75\u00b054\u203241.4\u2033 W.; 36\u00b051\u203224.1\u2033 N., 75\u00b053\u203202.9\u2033 W.; 36\u00b050\u203252.0\u2033 N., 75\u00b052\u203249.0\u2033 W.; 36\u00b046\u203227.4\u2033 N., 75\u00b051\u203239.2\u2033 W.; 36\u00b046\u203227.5\u2033 N., 75\u00b054\u203219.0\u2033 W.; 36\u00b050\u203205.0\u2033 N., 75\u00b054\u203219.0\u2033 W.\n\n(ii)  Size:  8 square nautical miles.\n\n(iii)  Depth:  Averages 11 meters.\n\n(iv)  Primary Use:  Dredged Material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the mouth of Chesapeake Bay.\n\n(2) Norfolk, VA, Dredged Material Disposal Site.\n\n(i)  Location:  Center point: Latitude\u201436\u00b059\u203200\u2033 N., Longitude\u201475\u00b039\u203200\u2033 W.\n\n(ii)  Size:  Circular with a radius of 7.4 kilometers (4 nautical miles).\n\n(iii)  Depth:  Ranges from 13.1 to 26 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Site shall be limited to suitable dredged material which passed the criteria for ocean dumping.\n\n(g) Region III Final Other Wastes Sites.\n\n(1) No final sites.\n\n(2) [Reserved]\n\n(h) Region IV Final Dredged Material Sites.\n\n(1) Morehead City, NC Dredged Material Disposal Site.\n\n(i)  Location:  34\u00b038\u203230\u2033 N, 76\u00b045\u203200\u2033 W; 34\u00b038\u203230\u2033 N, 76\u00b041\u203242\u2033 W; 34\u00b038\u203209\u2033 N, 76\u00b041\u203200\u2033 W; 34\u00b036\u203200\u2033 N, 76\u00b041\u203200\u2033 W; 34\u00b036\u203200\u2033 N, 76\u00b045\u203200\u2033 W (NAD27).\n\n(ii)  Size:  8 square nautical miles.\n\n(iii)  Depth:  Average 12.0 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the Morehead City Harbor, North Carolina area. All material disposed must satisfy the requirements of the ocean dumping regulations.\n\n(2) [Reserved]\n\n(3) Georgetown Harbor; Georgetown, South Carolina: Ocean Dredged Material Disposal Site.\n\n(i)  Location:  33\u00b011\u203218\u2033 N, 79\u00b007\u203220\u2033 W; 33\u00b011\u203218\u2033 N, 79\u00b005\u203223\u2033 W; 33\u00b010\u203238\u2033 N, 79\u00b005\u203224\u2033 W; 33\u00b010\u203238\u2033 N, 79\u00b007\u203221\u2033 W (NAD27).\n\n(ii)  Size:  1 square nautical mile.\n\n(iii)  Depth:  6 to 11 meter range.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to suitable dredged material from the greater Georgetown, South Carolina, area.\n\n(4) [Reserved]\n\n(5) Charleston, SC, Ocean Dredged Material Disposal Site.\n\n(i)  Location:  32\u00b036.280\u2032 N., 79\u00b043.662\u2032 W.; 32\u00b037.646\u2032 N., 79\u00b046.576\u2032 W.; 32\u00b039.943\u2032 N., 79\u00b045.068\u2032 W.; 32\u00b038.579\u2032 N., 79\u00b042.152\u2032 W.\n\n(ii)  Size:  Approximately 7.4 square nautical miles in size.\n\n(iii)  Depth:  Ranges from approximately 30 to 45 feet (9 to 13.5 meters).\n\n(iv)  Primary use:  Dredged material from the Charleston Harbor deepening project.\n\n(v) Period of Use: Continued use.\n\n(vi)  Restrictions:  (A) Disposal shall be limited to dredged material from the Charleston, South Carolina, area;\n\n(B) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13;\n\n(C) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n(D) Monitoring, as specified in the SMMP, is required.\n\n(6) Savannah, GA Dredged Material Disposal Site.\n\n(i)  Location:  31\u00b055\u203253\u2033 N, 80\u00b044\u203220\u2033 W; 31\u00b057\u203255\u2033 N, 80\u00b046\u203248\u2033 W; 31\u00b057\u203255\u2033 N, 80\u00b044\u203220\u2033 W; 31\u00b055\u203253\u2033 N, 80\u00b046\u203248\u2033 W (NAD27).\n\n(ii)  Size:  4.26 square nautical miles.\n\n(iii)  Depth:  Averages 11.4 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the Savannah Harbor area.\n\n(7) Brunswick Harbor, Brunswick, Georgia Ocean Dredged Material Disposal Site.\n\n(i)  Location:  31\u00b002\u203235\u2033 N, 81\u00b017\u203240\u2033 W; 31\u00b002\u203235\u2033 N, 81\u00b016\u203230\u2033 W; 31\u00b000\u203230\u2033 N, 81\u00b016\u203230\u2033 W; 31\u00b000\u203230\u2033 N, 81\u00b017\u203242\u2033 W (NAD27).\n\n(ii)  Size:  Approximately 2 square nautical miles.\n\n(iii)  Depth:  Average 9 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Brunswick, Georgia, vicinity.\n\n(8) Fernandina Beach, FL Dredged Material Disposal Site.\n\n(i)  Location:  30\u00b033\u203200\u2033 N, 81\u00b016\u203252\u2033 W; 30\u00b031\u203200\u2033 N, 81\u00b016\u203252\u2033 W; 30\u00b031\u203200\u2033 N, 81\u00b019\u203208\u2033 W; 30\u00b033\u203200\u2033 N, 81\u00b019\u203208\u2033 W (NAD27).\n\n(ii)  Size:  Four square nautical miles.\n\n(iii)  Depth:  Average 16 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing Use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material which meets the criteria given in the Ocean Dumping Regulations in 40 CFR part 227.\n\n(9) Jacksonville, FL Dredged Material Site.\n\n(i)  Location:  30\u00b0 21.514\u2032 N., 81\u00b0 18.555\u2032 W.; 30\u00b0 21.514\u2032 N, 81\u00b0 17.422\u2032 W.; 30\u00b0 20.515\u2032 N., 81\u00b0 17.422\u2032 W.; 30\u00b0 20.515\u2032 N, 81\u00b0 17.012\u2032 W.; 30\u00b0 17.829\u2032 N., 81\u00b0 17.012\u2032 W.; 30\u00b0 17.829\u2032 N, 81\u00b0 18.555\u2032 W.\n\n(ii)  Size:  Approximately 3.68 nautical miles long and 1.34 nautical miles wide (4.56 square nautical miles); 3,861 acres (1,562 hectares).\n\n(iii)  Depth:  Ranges from approximately 28 to 61 feet (9 to 19 meters).\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  (A) Disposal shall be limited to dredged material from the Jacksonville, Florida, area;\n\n(B) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13;\n\n(C) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n(D) Monitoring, as specified in the SMMP, is required.\n\n(10) Canaveral Harbor, FL, Dredged Material Dumpsite.\n\n(i)  Location:  28\u00b020\u203215\u2033 N., 80\u00b031\u203211\u2033 W.; 28\u00b018\u203251\u2033 N., 80\u00b029\u203215\u2033 W.; 28\u00b017\u203213\u2033 N., 80\u00b030\u203253\u2033 W.; 28\u00b018\u203236\u2033 N., 80\u00b032\u203245\u2033 W.\n\nCenter coordinates: 28\u00b018\u203244\u2033 N., 80\u00b031\u203200\u2033 W. (NAD 27).\n\n(ii)  Size:  4 square nautical miles.\n\n(iii)  Depth:  Range 47 to 55 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to suitable dredged material from the greater Canaveral, Florida, vicinity.\n\n(11) Fort Pierce Harbor, FL, Fort Pierce, FL, Ocean Dredged material Disposal Site.\n\n(i)  Location:  27\u00b028\u203200\u2033 N, 80\u00b012\u203233\u2033 W; 27\u00b028\u203200\u2033 N, 80\u00b011\u203227\u2033 W; 27\u00b027\u203200\u2033 N, 80\u00b011\u203227\u2033 W; and 27\u00b027\u203200\u2033 N, 80\u00b012\u203233\u2033 W (NAD27).\n\n(ii)  Size:  1 square nautical mile.\n\n(iii)  Depth:  Average range 40 to 54 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Fort Pierce Harbor vicinity. All dredged material consisting of greater than 10% fine grained material (grain size of less than 0.047mm) by weight shall be limited to that part of the site east of 80\u00b012\u203200\u2033 W and south of 27\u00b027\u203220\u2033 N (NAD27).\n\n(12) Pensacola Nearshore, FL Dredged Material Disposal Site.\n\n(i)  Location:  30\u00b017\u203224\u2033 N, 87\u00b018\u203230\u2033 W; 30\u00b017\u203200\u2033 N, 87\u00b019\u203250\u2033 W; 30\u00b015\u203236\u2033 N, 87\u00b017\u203248\u2033 W; 30\u00b015\u203215\u2033 N, 87\u00b019\u203218\u2033 W (NAD27).\n\n(ii)  Size:  2.48 square nautical miles.\n\n(iii)  Depth:  Averages 11 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged materials which are shown to be predominantly sand (defined by a median grain size greater than 0.125 mm and a composition of less than 10% fines) and meet the Ocean Dumping Criteria.\n\n(13) Pensacola, Florida Ocean Dredged Material Disposal Site, i.e. the Pensacola (Offshore) Ocean Dredged Material Disposal Site.\n\n(i)  Location:  30\u00b008\u203250\u2033 N., 87\u00b019\u203230\u2033 W.; 30\u00b008\u203250\u2033 N., 87\u00b016\u203230\u2033 W.; 30\u00b007\u203205\u2033\u2033 N., 87\u00b016\u203230\u2033 W.; 30\u00b007\u203205\u2033 N., 87\u00b019\u203230\u2033 W.\n\n(ii)  Size:  Approximately 6 square statute miles.\n\n(iii)  Depth:  Ranges from 65 to 80 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal is restricted to predominantly fine-grained dredged material from the greater Pensacola, Florida area that meets the Ocean Dumping Criteria but is not suitable for beach nourishment or disposal at the existing EPA designated Pensacola (Nearshore) ODMDS (\u00a7 228.15(h)(11)). The Pensacola (Nearshore) ODMDS is restricted to suitable dredged material with a median grain size of >0.125 mm and a composition of <10% fines.\n\n(14) Mobile, Alabama Dredged Material Disposal Site.\n\n(i)  Location:  Corner Coordinates (NAD 1983) 30\u00b0 13.0\u2032 N, 88\u00b0 08.8\u2032 W; 30\u00b0 09.6\u2032 N, 88\u00b0 04.8\u2032 W; 30\u00b0 08.5\u2032 N, 88\u00b0 05.8\u2032 W; 30\u00b0 08.5\u2032 N, 88\u00b0 12.8\u2032 W; 30\u00b0 12.4\u2032 N, 88\u00b0 12.8\u2032 W.\n\n(ii)  Size:  Approximately 23.8 square nautical miles in size.\n\n(iii)  Depth:  Ranges from 34 to 57 feet (10.4 to 17.4 meters).\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  (A) Disposal shall be limited to dredged material from the Mobile, Alabama area;\n\n(B) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 220-228;\n\n(C) Transportation and Disposal shall be managed by the restrictions and requirements contained in the Site Management and Monitoring Plan (SMMP).;\n\n(D) Monitoring of the site also shall be governed by the currently approved SMMP.\n\n(15) Pascagoula, MS, Ocean Dredged Material Dumpsite.\n\n(i)  Location:  30\u00b012\u203206\u2033 N, 88\u00b044\u203230\u2033 W; 30\u00b011\u203242\u2033 N, 88\u00b033\u203224\u2033 W; 30\u00b008\u203230\u2033 N, 88\u00b037\u203200\u2033 W; and 30\u00b008\u203218\u2033 N, 88\u00b041\u203254\u2033 W Center coordinates: 30\u00b010\u203209\u2033 N, 88\u00b039\u203212\u2033 W (NAD27).\n\n(ii)  Size:  18.5 square nautical miles.\n\n(iii)  Depth:  Average 46 feet, range 38-52 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to suitable material from the Mississippi Sound and vicinity.\n\n(16) Gulfport, Mississippi Dredged Material Disposal Site\u2014Eastern Site\n\n(i)  Location:  30\u00b011\u203210\u2033 N, 88\u00b058\u203224\u2033 W; 30\u00b011\u203212\u2033 N, 88\u00b057\u203230\u2033 W; 30\u00b007\u203236\u2033 N, 88\u00b054\u203224\u2033 W; 30\u00b007\u203224\u2033 N, 88\u00b054\u203248\u2033 W (NAD27).\n\n(ii)  Size:  2.47 square nautical miles.\n\n(iii)  Depth:  9.1 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to materials which meet the Ocean Dumping Criteria.\n\n(17) Gulfport, MS Dredged Material Disposal Site\u2014Western Site.\n\n(i)  Location:  30\u00b012\u203200\u2033 N, 89\u00b000\u203230\u2033 W; 30\u00b012\u203200\u2033 N, 88\u00b059\u203230\u2033 W; 30\u00b011\u203200\u2033 N, 89\u00b000\u203200\u2033 W; 30\u00b007\u203200\u2033 N, 88\u00b056\u203230\u2033 W; 30\u00b006\u203236\u2033 N, 88\u00b057\u203200\u2033 W; 30\u00b010\u203230\u2033 N, 89\u00b000\u203236\u2033 W (NAD27).\n\n(ii)  Size:  5.2 square nautical miles.\n\n(iii)  Depth:  8.2 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi) Disposal shall be limited to dredged material which meets the Ocean Dumping Criteria.\n\n(18) Tampa, Florida; Ocean Dredged Material Disposal Site ________ Region IV.\n\n(i) Location: 27\u00b032\u203227\u2033 N.; 83\u00b006\u203202\u2033 W; 27\u00b032\u203227\u2033 N.; 83\u00b003\u203246\u2033 W.; 27\u00b030\u203227\u2033 N.; 83\u00b006\u203202\u2033 W.; 27\u00b030\u203227\u2033 N.; 83\u00b003\u203246\u2033 W.\n\n(ii) Size: Approximately 4 square nautical miles.\n\n(iii) Depth: Approximately 22 meters.\n\n(iv) Primary use: Dredged material.\n\n(v) Period of use: Continuing use.\n\n(vi) Restriction: Disposal shall be limited to suitable dredged material from the greater Tampa, Florida vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(19) Miami, Florida; Ocean Dredged Material Disposal Site.\n\n(i)  Location:  25\u00b045\u203230\u2033 N; 80\u00b003\u203254\u2033 W; 25\u00b045\u203230\u2033 N; 80\u00b002\u203250\u2033 W; 25\u00b044\u203230\u2033 N; 80\u00b003\u203254\u2033 W; 25\u00b044\u203230\u2033 N; 80\u00b002\u203250\u2033 W (NAD27). Center coordinates are 25\u00b045\u203200\u2033 N and 80\u00b003\u203222\u2033 W (NAD27).\n\n(ii) Size: Approximately 1 square nautical mile.\n\n(iii) Depth: Ranges from 130 to 240 meters.\n\n(iv) Primary use: Dredged material.\n\n(v) Period of use: Continuing use.\n\n(vi) Restriction: Disposal shall be limited to suitable dredged material from the greater Miami, Florida vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(20) Wilmington, North Carolina; Ocean Dredged Material Disposal Site.\n\n(i)  Location:  33\u00b046\u2032 N, 78\u00b002.5\u2032 W; 33\u00b046\u2032 N, 78\u00b001\u2032 W; 33\u00b041\u2032 N, 78\u00b001\u2032 W; 33\u00b041\u2032 N, 78\u00b004\u2032 W (NAD27).\n\n(ii) Size: Approximately 9.4 square nautical miles.\n\n(iii) Depth: Ranges from 35-52 feet.\n\n(iv) Primary use: Dredged material.\n\n(v) Period of use: Continuing use.\n\n(vi) Restriction: Disposal shall be limited to suitable dredged material from the greater Wilmington, North Carolina vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(21) Palm Beach Harbor, FL Ocean Dredged Material Disposal Site.\n\n(i) Location (NAD83): 26\u00b047\u203230\u2033 N., 79\u00b057\u203209\u2033 W.; 26\u00b047\u203230\u2033 N., 79\u00b056\u203202\u2033 W.; 26\u00b046\u203230\u2033 N., 79\u00b057\u203209\u2033 W.; 26\u00b046\u203230\u2033 N., 79\u00b056\u203202\u2033 W. Center coordinates are 26\u00b047\u203200\u2033 N and 79\u00b056\u203235\u2033 W.\n\n(ii) Size: Approximately 1 square nautical mile.\n\n(iii) Depth: Ranges from 525 to 625 feet.\n\n(iv) Primary use: Dredged material.\n\n(v) Period of use: Continuing use.\n\n(vi) Restriction: Disposal shall be limited to suitable dredged material. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(22) Port Everglades Harbor, FL Ocean Dredged Material Disposal Site.\n\n(i) Location: Corner Coordinates (NAD 1983) 26\u00b006.500\u2032, 80\u00b001.000\u2032; 26\u00b006.500\u2032, 80\u00b002.578\u2032; 26\u00b008.750\u2032, 80\u00b002.578\u2032; 26\u00b008.750\u2032, 80\u00b001.000\u2032.\n\n(ii) Size: Approximately 3.2 square nautical miles in size.\n\n(iii) Depth: Ranges from approximately 587 to 761 feet (179 to 232 meters).\n\n(iv) Primary use: Dredged material.\n\n(v) Period of use: Continuing use.\n\n(vi) Restrictions:\n\n(A) Disposal shall be limited to dredged material from the Port Everglades, Florida, area;\n\n(B) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR parts 227 and 228; and\n\n(C) Transportation and disposal shall comply with conditions and monitoring requirements set forth in the most recent approved Site Management and Monitoring Plan and conditions and monitoring requirements incorporated into the permit or Federal project authorization.\n\n(23) Port Royal, SC; Ocean Dredged Material Disposal Site.\n\n(i) Location (NAD83): 32\u00b005.00\u2032 N., 80\u00b036.47\u2032 W.; 32\u00b005.00\u2032 N., 80\u00b035.30\u2032 W.; 32\u00b004.00\u2032 N., 80\u00b035.30\u2032 W.; 32\u00b004.00\u2032 N., 80\u00b036.47\u2032 W.\n\n(ii) Size: Approximately 1.0 square nautical miles.\n\n(iii) Depth: Averages 36 feet.\n\n(iv) Primary use: Dredged material.\n\n(v) Period of use: Continuing use.\n\n(vi) Restriction: Disposal shall be limited to suitable dredged material from the greater Port Royal, South Carolina, vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(i) Region IV Final Other Wastes Sites.\n\n(1) No final sites.\n\n(2) [Reserved]\n\n(j) Region VI Final Dredged Material Sites.\n\n(1) [Reserved]\n\n(2) Southwest Pass\u2014Mississippi River, LA.\n\n(i)  Location:  28\u00b054\u203212\u2033 N., 89\u00b027\u203215\u2033 W.; 28\u00b054\u203212\u2033 N., 89\u00b026\u203200\u2033 W.; 28\u00b051\u203200\u2033 N., 89\u00b027\u203215\u2033 W.; 28\u00b051\u203200\u2033 N., 89\u00b026\u203200\u2033 W.\n\n(ii)  Size:  3.44 square nautical miles.\n\n(iii)  Depth:  Ranges from 2.7 to 32.2 meters.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from the vicinity of the Southwest Pass Channel.\n\n(3) Barataria Bay Waterway, LA.\n\n(i)  Location:  29\u00b016\u203210\u2033 N, 89\u00b056\u203220\u2033 W; 29\u00b014\u203219\u2033 N, 89\u00b053\u203216\u2033 W; 29\u00b014\u203200\u2033 N, 89\u00b053\u203236\u2033 W; 29\u00b016\u203229\u2033 N, 89\u00b055\u203259\u2033 W (NAD27).\n\n(ii)  Size:  1.4 square nautical miles.\n\n(iii)  Depth:  Ranges from 8-20 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the vicinity of Barataria Bay Waterway.\n\n(4) [Reserved]\n\n(5) Calcasieu, LA Dredged Material Site 1.\n\n(i)  Location:  29\u00b045\u203239\u2033 N, 93\u00b019\u203236\u2033 W; 29\u00b042\u203242\u2033 N, 93\u00b019\u203206\u2033 W; 29\u00b042\u203236\u2033 N, 93\u00b019\u203248\u2033 W; 29\u00b044\u203242\u2033 N, 93\u00b020\u203212\u2033 W; 29\u00b044\u203242\u2033 N, 93\u00b020\u203224\u2033 W; 29\u00b045\u203227\u2033 N, 93\u00b020\u203233\u2033 W (NAD27).\n\n(ii)  Size:  1.76 square nautical miles.\n\n(iii)  Depth:  Ranges from 2 to 8 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the vicinity of the Calcasieu River and Pass Project.\n\n(6) Calcasieu, LA Dredged Material Site 2.\n\n(i)  Location:  29\u00b044\u203231\u2033 N, 93\u00b020\u203243\u2033 W; 29\u00b039\u203245\u2033 N, 93\u00b019\u203256\u2033 W; 29\u00b039\u203234\u2033 N, 93\u00b020\u203246\u2033 W; 29\u00b044\u203225\u2033 N, 93\u00b021\u203233\u2033 W (NAD27).\n\n(ii)  Size:  3.53 square nautical miles.\n\n(iii)  Depth:  Ranges from 2 to 11 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the vicinity of the Calcasieu River and Pass Project.\n\n(7) Calcasieu, LA Dredged Material Site 3.\n\n(i)  Location:  29\u00b037\u203250\u2033 N, 93\u00b019\u203237\u2033 W; 29\u00b037\u203225\u2033 N, 93\u00b019\u203233\u2033 W; 29\u00b033\u203255\u2033 N, 93\u00b016\u203223\u2033 W; 29\u00b033\u203249\u2033 N, 93\u00b016\u203225\u2033 W; 29\u00b030\u203259\u2033 N, 93\u00b013\u203251\u2033 W; 29\u00b029\u203210\u2033 N, 93\u00b013\u203249\u2033 W; 29\u00b029\u203205\u2033 N, 93\u00b014\u203223\u2033 W; 29\u00b030\u203249\u2033 N, 93\u00b014\u203225\u2033 W; 29\u00b037\u203226\u2033 N, 93\u00b020\u203224\u2033 W; 29\u00b037\u203244\u2033 N, 93\u00b020\u203227\u2033 W (NAD27).\n\n(ii)  Size:  5.88 square nautical miles.\n\n(iii)  Depth:  Ranges from 11 to 14 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use: Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the vicinity of the Calcasieu River and Pass Project.\n\n(8) Sabine-Neches, TX Dredged Material Site 1.\n\n(i)  Location:  29\u00b028\u203203\u2033 N, 93\u00b041\u203214\u2033 W; 29\u00b026\u203211\u2033 N, 93\u00b041\u203214\u2033 W; 29\u00b026\u203211\u2033 N, 93\u00b044\u203211\u2033 W (NAD27).\n\n(ii)  Size:  2.4 square nautical miles.\n\n(iii)  Depth:  Ranges from 11-13 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the Sabine-Neches area.\n\n(9) Sabine-Neches, TX Dredged Material Site 2.\n\n(i)  Location:  29\u00b030\u203241\u2033 N, 93\u00b043\u203249\u2033 W; 29\u00b028\u203242\u2033 N, 93\u00b041\u203233\u2033 W; 29\u00b028\u203242\u2033 N, 93\u00b044\u203249\u2033 W; 29\u00b030\u203208\u2033 N, 93\u00b046\u203227\u2033 W (NAD27).\n\n(ii)  Size:  4.2 square nautical miles.\n\n(iii)  Depth:  Ranges from 9-13 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use: Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the Sabine-Neches area.\n\n(10) Sabine-Neches, TX Dredged Material Site 3.\n\n(i)  Location:  29\u00b034\u203224\u2033 N, 93\u00b048\u203213\u2033 W; 29\u00b032\u203247\u2033 N, 93\u00b046\u203216\u2033 W; 29\u00b032\u203206\u2033 N, 93\u00b046\u203229\u2033 W; 29\u00b031\u203242\u2033 N, 93\u00b048\u203216\u2033 W; 29\u00b032\u203259\u2033 N, 93\u00b049\u203248\u2033 W (NAD27).\n\n(ii)  Size:  4.7 square nautical miles.\n\n(iii)  Depth:  10 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the Sabine-Neches area.\n\n(11) Sabine-Neches, TX, Dredged Material Site 4.\n\n(i)  Location:  29\u00b038\u203209\u2033 N, 93\u00b049\u203223\u2033 W; 29\u00b035\u203253\u2033 N, 93\u00b048\u203218\u2033 W; 29\u00b035\u203206\u2033 N, 93\u00b050\u203224\u2033 W; 29\u00b036\u203237\u2033 N, 93\u00b051\u203209\u2033 W; 29\u00b037\u203200\u2033 N, 93\u00b050\u203206\u2033 W; 29\u00b037\u203246\u2033 N, 93\u00b050\u203226\u2033 W (NAD27).\n\n(ii)  Size:  4.2 square nautical miles.\n\n(iii)  Depth:  Ranges from 5-9 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the Sabine-Neches area.\n\n(12) Galveston, TX Dredged Material Site.\n\n(i)  Location:  29\u00b018\u203200\u2033 N, 94\u00b039\u203230\u2033 W; 29\u00b015\u203254\u2033 N, 94\u00b037\u203206\u2033 W; 29\u00b014\u203224\u2033 N, 94\u00b038\u203242\u2033 W; 29\u00b016\u203254\u2033 N, 94\u00b041\u203230\u2033 W (NAD27).\n\n(ii)  Size:  6.6 square nautical miles.\n\n(iii)  Depth:  Ranges from 10 to 15.5 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Houston-Galveston, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(13) Freeport Harbor, TX, New Work (45 Foot Project).\n\n(i)  Location:  28\u00b050\u203351\u2033 N, 95\u00b013\u203254\u2033 W; 28\u00b051\u203244\u2033 N, 95\u00b014\u203249\u2033 W; 28\u00b050\u203215\u2033 N, 95\u00b016\u203240\u2033 W; 28\u00b049\u203222\u2033 N, 95\u00b015\u203245\u2033 W (NAD27).\n\n(ii)  Size:  2.64 square nautical miles.\n\n(iii)  Depth:  54 to 61 feet.\n\n(iv)  Primary Use:  Construction (new work) dredged material.\n\n(v)  Period of Use:  Indefinite period of time.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Freeport, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(14) Freeport Harbor, TX, Maintenance (45 Foot Project).\n\n(i)  Location:  28\u00b054\u203200\u2033 N, 95\u00b015\u203249\u2033 W; 28\u00b053\u203228\u2033 N, 95\u00b015\u203216\u2033 W; 28\u00b052\u203200\u2033 N, 95\u00b016\u203259\u2033 W; 28\u00b052\u203232\u2033 N, 95\u00b017\u203232\u2033 W (NAD27).\n\n(ii)  Size:  1.53 square nautical miles.\n\n(iii)  Depth:  31 to 38 feet.\n\n(iv)  Primary use:  Maintenance dredged material.\n\n(v)  Period of Use:  Indefinite period of time.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Freeport, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(15) Matagorda Ship Channel, TX.\n\n(i)  Location:  28\u00b023\u203248\u2033 N, 96\u00b018\u203200\u2033 W; 28\u00b023\u203221\u2033 N, 96\u00b018\u203231\u2033 W; 28\u00b022\u203243\u2033 N, 96\u00b017\u203252\u2033 W; 28\u00b023\u203211\u2033 N, 96\u00b017\u203222\u2033 W (NAD27).\n\n(ii)  Size:  0.56 square nautical mile.\n\n(iii)  Depth:  Ranges from 25-40 feet.\n\n(iv)  Primary Use:  Dredged Material.\n\n(v)  Period of Use:  Indefinite period of time.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Matagorda, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(16) Corpus Christi New Work ODMDS, Corpus Christi, Texas.\n\n(i)  Location:  27\u00b047\u203242\u2033 N, 97\u00b000\u203212\u2033 W; 27\u00b047\u203215\u2033 N, 96\u00b059\u203225\u2033 W; 27\u00b046\u203217\u2033 N, 97\u00b001\u203212\u2033 W; 27\u00b045\u203249\u2033 N, 97\u00b000\u203225\u2033 W (NAD27).\n\n(ii)  Size:  1.4 square miles.\n\n(iii)  Depth:  Ranges from 45-55 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Corpus Christi, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(17) Corpus Christi Ship Channel, TX.\n\n(i)  Location:  27\u00b049\u203210\u2033 N, 97\u00b001\u203209\u2033 W; 27\u00b048\u203242\u2033 N, 97\u00b000\u203221\u2033 W; 27\u00b048\u203206\u2033 N, 97\u00b000\u203248\u2033 W; 27\u00b048\u203233\u2033 N, 97\u00b001\u203236\u2033 W (NAD27).\n\n(ii)  Size:  0.63 square nautical mile.\n\n(iii)  Depth:  Ranges from 35 to 50 feet.\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Indefinite period of time.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Corpus Christi, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(18) Port Mansfield, TX.\n\n(i)  Location:  26\u00b034\u203224\u2033 N, 97\u00b015\u203215\u2033 W; 26\u00b034\u203226\u2033 N, 97\u00b014\u203217\u2033 W; 26\u00b033\u203257\u2033 N, 97\u00b014\u203217\u2033 W; 26\u00b033\u203255\u2033 N, 97\u00b015\u203215\u2033 W (NAD27).\n\n(ii)  Size:  0.42 Square nautical miles.\n\n(iii)  Depth:  Ranges from 35-50 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Indefinite period of time.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Port Mansfield, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(19) Brazos Island Harbor, TX.\n\n(i)  Location:  26\u00b004\u203232\u2033 N, 97\u00b007\u203226\u2033 W; 26\u00b004\u203232\u2033 N, 97\u00b006\u203230\u2033 W; 26\u00b004\u203202\u2033 N, 97\u00b006\u203230\u2033 W; 26\u00b004\u203202\u2033 N, 97\u00b007\u203226\u2033 W (NAD27).\n\n(ii)  Size:  0.42 square nautical miles.\n\n(iii)  Depth:  Ranges from 55 to 65 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Indefinite period of time.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Brownsville, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(20) Brazos Island Harbor (42-Foot Project), TX.\n\n(i)  Location:  26\u00b004\u203247\u2033 N, 97\u00b005\u203207\u2033 W; 26\u00b005\u203216\u2033 N, 97\u00b005\u203204\u2033 W; 26\u00b005\u203210\u2033 N, 97\u00b004\u203206\u2033 W; 26\u00b004\u203242\u2033 N, 97\u00b004\u203209\u2033 W (NAD27).\n\n(ii)  Size:  0.42 square nautical miles.\n\n(iii)  Depth: Ranges from 60-67 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Indefinite period of time.\n\n(vi)  Restrictions:  Disposal shall be limited to suitable dredged material from the greater Brownsville, Texas vicinity. Disposal shall comply with conditions set forth in the most recent approved Site Management and Monitoring Plan.\n\n(21) Atchafalaya River and Bayous Chene, Boeuf, and Black, LA (ODMDS\u2014East).\n\n(i)  Location:  29\u00b020\u203259.92\u2033 N, 91\u00b023\u203233.23\u2033 W; 29\u00b020\u203243.94\u2033 N, 91\u00b023\u203209.73\u2033 W; 29\u00b008\u203215.46\u2033 N, 91\u00b034\u203251.02\u2033 W, and 29\u00b007\u203259.43\u2033 N, 91\u00b034\u203227.51\u2033 W\n\n(ii)  Size:  9.14 square miles.\n\n(iii)  Depth:  Average water depth of 16 feet.\n\n(iv)  Primary Use:  Dredge material.\n\n(v)  Period of Use:  Indefinite period of time.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material from the bar channel of the Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana.\n\n(22) Sabine-Neches, TX Dredged Material Site A.\n\n(i)  Location (NAD83):  29\u00b024\u203247\u2033 N., 93\u00b043\u203229\u2033 W.; 29\u00b024\u203247\u2033 N., 93\u00b041\u203208\u2033 W.; 29\u00b022\u203248\u2033 N., 93\u00b041\u203209\u2033 W.; 29\u00b022\u203249\u2033 N., 93\u00b043\u203229\u2033 W.; thence to point of beginning.\n\n(ii)  Size:  approximately 5.3 square miles.\n\n(iii)  Depth:  Ranges from 44 to 46 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from the Sabine-Neches 13.2 mile Extension Channel that complies with EPA's Ocean Dumping Regulations. Dredged material that does not meet the criteria set forth in 40 CFR part 227 shall not be placed at the site. Disposal operations shall be conducted in accordance with requirements specified in a Site Management and Monitoring Plan developed by EPA and USACE, to be reviewed periodically, at least every 10 years.\n\n(23) Sabine-Neches, TX Dredged Material Site B.\n\n(i)  Location (NAD83):  29\u00b021\u203259\u2033 N., 93\u00b043\u203229\u2033 W.; 29\u00b021\u203259\u2033 N., 93\u00b041\u203208\u2033 W.; 29\u00b020\u203200\u2033 N., 93\u00b041\u203209\u2033 W.; 29\u00b020\u203200\u2033 N., 93\u00b043\u203229\u2033 W.; thence to point of beginning.\n\n(ii)  Size:  approximately 5.3 square miles.\n\n(iii)  Depth:  Ranges from 44 to 46 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from the Sabine-Neches 13.2 mile Extension Channel that complies with EPA's Ocean Dumping Regulations. Dredged material that does not meet the criteria set forth in 40 CFR part 227 shall not be placed at the site. Disposal operations shall be conducted in accordance with requirements specified in a Site Management and Monitoring Plan developed by EPA and USACE, to be reviewed periodically, at least every 10 years.\n\n(24) Sabine-Neches, TX Dredged Material Site C.\n\n(i)  Location (NAD83):  29\u00b019\u203211\u2033 N., 93\u00b043\u203229\u2033 W.; 29\u00b019\u203211\u2033 N, 93\u00b041\u203209\u2033 W.; 29\u00b017\u203212\u2033 N., 93\u00b041\u203209\u2033 W.; 29\u00b017\u203212\u2033 N., 93\u00b043\u203229\u2033 W.; thence to point of beginning.\n\n(ii)  Size:  approximately 5.3 square miles.\n\n(iii)  Depth:  Ranges from 44 to 46 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from the Sabine-Neches 13.2 mile Extension Channel that complies with EPA's Ocean Dumping Regulations. Dredged material that does not meet the criteria set forth in 40 CFR part 227 shall not be placed at the site. Disposal operations shall be conducted in accordance with requirements specified in a Site Management and Monitoring Plan developed by EPA and USACE, to be reviewed periodically, at least every 10 years.\n\n(25) Sabine-Neches, TX Dredged Material Site D.\n\n(i)  Location (NAD83):  29\u00b016\u203222\u2033 N., 93\u00b043\u203229\u2033 W.; 29\u00b016\u203222\u2033 N., 93\u00b041\u203210\u2033 W.; 29\u00b014\u203224\u2033 N., 93\u00b041\u203210\u2033 W.; 29\u00b014\u203224\u2033 N., 93\u00b043\u203229\u2033 W.; thence to point of beginning.\n\n(ii)  Size:  approximately 5.3 square miles.\n\n(iii)  Depth:  Ranges from 44 to 46 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from the Sabine-Neches 13.2 mile Extension Channel that complies with EPA's Ocean Dumping Regulations. Dredged material that does not meet the criteria set forth in 40 CFR part 227 shall not be placed at the site. Disposal operations shall be conducted in accordance with requirements specified in a Site Management and Monitoring Plan developed by EPA and USACE, to be reviewed periodically, at least every 10 years.\n\n(26) Atchafalaya River and Bayous Chene, Boeuf, and Black, LA (ODMDS-West)\n\n(i)  Location (NAD83):  29\u00b022\u203206\u2033 N, 91\u00b027\u203238\u2033 W; 29\u00b020\u203230\u2033 N, 91\u00b025\u203213\u2033 W; 29\u00b009\u203216\u2033 N, 91\u00b035\u203212\u2033 W; 29\u00b010\u203252\u2033 N, 91\u00b037\u203233\u2033 W; thence to point of beginning.\n\n(ii)  Size:  48 square miles.\n\n(iii)  Depth:  Ranges from 4 to 23 feet.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material from the Atchafalaya River Bar channel that complies with EPA's Ocean Dumping Regulations. Dredged material that does not meet the criteria set forth in 40 CFR part 227 shall not be placed at the site. Disposal operations shall be conducted in accordance with requirements specified in a Site Management and Monitoring Plan developed by EPA and USACE, to be reviewed periodically, at least every 10 years.\n\n(k) Region VI Final Other Wastes Sites.\n\n(1) No final sites.\n\n(2) [Reserved]\n\n(l) Region IX Final Dredged Material Sites.\n\n(1) San Diego, CA (LA-5).\n\n(i)  Location:  Center coordinates of the site are: 32\u00b036.83\u2032 North Latitude and 117\u00b020.67\u2032 West Latitude (North American Datum from 1927), with a radius of 3,000 feet (910 meters).\n\n(ii)  Size:  0.77 square nautical miles.\n\n(iii)  Depth:  460 to 660 feet (145 to 200 meters).\n\n(iv)  Primary Use:  Ocean dredged material disposal.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged materials that comply with EPA's Ocean Dumping Regulations and Corps Permitting Regulations.\n\n(2) Los Angeles/Long Beach, CA (LA-2).\n\n(i)  Location:  33\u00b037.10\u2032 North Latitude by 118\u00b017.40\u2032 West Longitude (North American Datum from 1983), with a radius of 3,000 feet (910 meters).\n\n(ii)  Size:  0.77 square nautical miles.\n\n(iii)  Depth:  380 to 1060 feet (110 to 320 meters).\n\n(iv)  Primary use:  Ocean dredged material disposal.\n\n(v)  Period of use:  Continuing use, subject to submission of a revised Consistency Determination to the California Coastal Commission after 5 years of site management and monitoring.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged sediments that comply with EPA's Ocean Dumping Regulations.\n\n(3) San Francisco Deepwater Ocean Site (SF-DODS) Ocean Dredged Material Disposal Site\u2014Region IX.\n\n(i)  Location:  Center coordinates of the oval-shaped site are: 37\u00b039.0\u2032 North latitude by 123\u00b029.0\u2032 West longitude (North American Datum from 1983), with length (north-south axis) and width (west-east axis) dimensions of approximately 4 nautical miles (7.5 kilometers) and 2.5 nautical miles (4.5 kilometers), respectively.\n\n(ii)  Size:  7.85 square nautical miles (27 square kilometers).\n\n(iii)  Depth:  8,200 to 9,840 feet (2,500 to 3,000 meters).\n\n(iv)  Use Restricted to Disposal of:  Dredged materials.\n\n(v)  Period of Use:  Continuing use over 50 years from date of site designation, subject to restrictions and provisions set forth below.\n\n(vi)  Restrictions/provisions:  The remainder of this \u00a7 228.15(l)(3) (hereinafter referred to as \u201cthis section\u201d) constitutes the required Site Management and Monitoring Plan (SMMP) for the SF-DODS. This SMMP shall be supplemented by a Site Management and Monitoring Plan Implementation Manual (SMMP Implementation Manual) containing more detailed operational guidance. The SMMP Implementation Manual may be periodically revised as necessary; proposed revisions to the SMMP Implementation Manual shall be made following opportunity for public review and comment. Adherence to the provisions of the most current SMMP Implementation Manual, including mandatory permit conditions, site monitoring activities, and any other condition(s) EPA or the Corps have required as part of the project authorization or permit, is a requirement for use of the SF-DODS. SF-DODS use shall be subject to the following restrictions and provisions:\n\n(vii)  Type and capacity of disposed materials.  Site disposal capacity is 4.8 million cubic yards of suitable dredged material per year for the remaining period of site designation. This limit is based on considerations in the regional Long Term Management Strategy for the placement of dredged material within the San Francisco Bay region, and on monitoring of site use since the SF-DODS was designated in 1994.\n\n(viii)  Permit/project conditions.  Paragraph (l)(3)(viii)(A) of this section sets forth requirements for inclusion in permits to use the SF-DODS, and in all Army Corps of Engineers federal project authorizations. Paragraph (l)(3)(viii)(B) of this section describes additional project-specific conditions that will be required of disposal permits and operations as appropriate. Paragraph (l)(3)(viii)(C) of this section describes how alternative permit conditions may be authorized by EPA and the Corps of Engineers. All references to \u201cpermittees\u201d shall be deemed to include the Army Corps of Engineers when implementing a federal dredging project.\n\n(A)  Mandatory conditions.  All permits or federal project authorizations authorizing use of the SF-DODS shall include the following conditions, unless approval for an alternative permit condition is sought and granted pursuant to paragraph (l)(3)(viii)(C) of this section:\n\n( 1 ) Transportation of dredged material to the SF-DODS shall only be allowed when weather and sea state conditions will not interfere with safe transportation and will not create risk of spillage, leak or other loss of dredged material in transit to the SF-DODS. No disposal trips shall be initiated when the National Weather Service has issued a gale warning for local waters during the time period necessary to complete dumping operations, or when wave heights are 16 feet or greater. The permittee must consult the most current version of the SMMP Implementation Manual for additional restrictions and/or clarifications regarding other sea state parameters, including, but not limited to wave period.\n\n( 2 ) All vessels used for dredged material transportation and disposal must be loaded to no more than 80 percent by volume of the vessel. Before any disposal vessel departs for the SF-DODS, an independent quality control inspector must certify in writing that the vessel meets the conditions and requirements of a certification checklist that contains all of the substantive elements found in the example contained in the most current SMMP Implementation Manual. For the purposes of paragraph (l)(3)(viii) of this section, \u201cindependent\u201d means not an employee of the permittee or dredging contractor; however, the Corps of Engineers may provide inspectors for Corps of Engineers dredged material disposal projects.\n\n( 3 ) Dredged material shall not be leaked or spilled from disposal vessels during transit to the SF-DODS.\n\n( 4 ) Disposal vessels in transit to and from the SF-DODS should remain at least three nautical miles from the Farallon Islands whenever possible. Closer approaches should occur only in situations where the designated vessel traffic lane enters the area encompassed by the 3-mile limit, and where safety may be compromised by staying outside of the 3-mile limit. In no case may disposal vessels leave the designated vessel traffic lane.\n\n( 5 ) When dredged material is discharged within the SF-DODS, no portion of the vessel from which the materials are to be released (e.g., hopper dredge or towed barge) can be further than 1,900 feet (600 meters) from the center of the target area at 37\u00b039\u2032 N, 123\u00b029\u2032 W.\n\n( 6 ) No more than one disposal vessel may be present within the permissible dumping target area referred to in paragraph (l)(3)(viii)(A)(5) of this section at any time.\n\n( 7 ) Disposal vessels shall use an appropriate navigation system capable of indicating the position of the vessel carrying dredged material (for example, a hopper dredged vessel or towed barge) with a minimum accuracy and precision of 100 feet during all disposal operations. The system must also indicate the opening and closing of the doors of the vessel carrying the dredged material. If the positioning system fails, all disposal operations must cease until the navigational capabilities are restored. The back-up navigation system, with all the capabilities listed in this condition, must be in place on the vessel carrying the dredged material.\n\n( 8 ) The permittee shall maintain daily records of the amount of material dredged and loaded into barges for disposal, the times that disposal vessel depart for, arrive at and return from the SF-DODS, the exact locations and times of disposal, and the volumes of material disposed at the SF-DODS during each vessel trip. The permittee shall further record wind and sea state observations at intervals to be established in the permit.\n\n( 9 ) For each disposal vessel trip, the permittee shall maintain a computer printout from a Global Positioning System or other acceptable navigation system showing transit routes and disposal coordinates, including the time and position of the disposal vessel when dumping was commenced and completed.\n\n( 10 ) An independent quality control inspector (as defined in paragraph (l)(3)(viii)(A)( 2 )) of this section shall observe all dredging and disposal operations. The inspector shall verify the information required in paragraphs (l)(3)(viii)(A)( 8 ) and ( 9 ) of this section. The inspector shall promptly inform permittees of any inaccuracies or discrepancies concerning this information and shall prepare summary reports, which summarize all such inaccuracies and discrepancies, from time to time as shall be specified in permits. Such summary reports shall be sent by the permittee to the District Engineer and the Regional Administrator within a time interval that shall be specified in the permit.\n\n( 11 ) The permittee shall report any anticipated or actual permit violations to the District Engineer and the Regional Administrator within 24 hours of discovering such violation. If any anticipated or actual permit violations occur within the Gulf of the Farallones or the Monterey Bay National Marine Sanctuaries, the permittee must also report any such violation to the respective Sanctuary Manager within 24 hours. In addition, the permittee shall prepare and submit reports, certified accurate by the independent quality control inspector, on a frequency that shall be specified in permits, to the District Engineer and the Regional Administrator setting forth the information required by Mandatory Conditions in paragraphs (l)(3)(viii)(A)( 8 ) and ( 9 ) of this section.\n\n( 12 ) Permittees, and the Corps in its Civil Works projects, must make arrangements for independent observers to be present on disposal vessels for the purpose of conducting shipboard surveys of seabirds and marine mammals. Observers shall employ standardized monitoring protocols, as referenced in the most current SMMP Implementation Manual. At a minimum, permittees shall ensure that independent observers are present on at least one disposal trip during each calendar month that disposal occurs, AND on average at least once every 25 vessel trips to the SF-DODS.\n\n( 13 ) At the completion of short-term dredging projects, at least annually for ongoing projects, and at any other time or interval requested by the District Engineer or Regional Administrator, permittees shall prepare and submit to the District Engineer and Regional Administrator a report that includes complete records of all dredging, transport and disposal activities, such as navigation logs, disposal coordinates, scow certification checklists, and other information required by permit conditions. Electronic data submittals may be required to conform to a format specified by the agencies. Permittees shall include a report indicating whether any dredged material was dredged outside the areas authorized for dredging or was dredged deeper than authorized for dredging by their permits.\n\n(B)  Project-specific conditions.  Permits or federal project authorizations authorizing use of the SF-DODS may include the following conditions, if EPA determines these conditions are necessary to facilitate safe use of the SF-DODS, the prevention of potential harm to the environment or accurate monitoring of site use:\n\n( 1 ) Permittees may be required to limit the speed of disposal vessels in transit to the SF-DODS to a rate that is safe under the circumstances and will prevent the spillage of dredged materials.\n\n( 2 ) Permittees may be required to use automated data logging systems for recording navigation and disposal coordinates and/or load levels throughout disposal trips when such systems are feasible and represent an improvement over manual recording methodologies.\n\n( 3 ) Any other conditions that EPA or the Corps of Engineers determine to be necessary or appropriate to facilitate compliance with the requirements of the MPRSA and this section may be included in site use permits.\n\n(C)  Alternative permit/project conditions.  Alternatives to the permit conditions specified in paragraph (l)(3)(viii) of this section in a permit or federal project authorization may be authorized if the permittee demonstrates to the District Engineer and the Regional Administrator that the alternative conditions are sufficient to accomplish the specific intended purpose of the permit condition in issue and further demonstrates that the waiver will not increase the risk of harm to the environment, the health or safety of persons, nor will impede monitoring of compliance with the MPRSA, regulations promulgated under the MPRSA, or any permit issued under the MPRSA.\n\n(ix)  Site monitoring.  Data shall be collected in accordance with a three-tiered site monitoring program which consists of three interdependent types of monitoring for each tier: Physical, chemical and biological. In addition, periodic confirmatory monitoring concerning potential site contamination shall be performed. Specific guidance for site monitoring tasks required by this paragraph shall be described in a Site Management and Monitoring Implementation Manual (SMMP Implementation Manual) developed by EPA. The SMMP Implementation Manual shall be reviewed periodically and any necessary revisions to the Manual will be issued for public review under an EPA Public Notice.\n\n(A)  Tier 1 monitoring activities.  Tier 1 monitoring activities shall consist of the following:\n\n( 1 )  Physical monitoring.  Tier 1 Physical Monitoring shall consist of a physical survey to map the area on the seafloor within and in the vicinity of the disposal site where dredged material has been deposited (the footprint). Such a survey shall use appropriate technology (for example, sediment profile photography) to determine the areal extent and thickness of the disposed dredged material, and to determine if any dredged material has deposited outside of the disposal site boundary.\n\n( 2 )  Chemical monitoring.  Tier 1 Chemical Monitoring shall consist of collecting, processing, and preserving boxcore samples of sediments so that such sediments could be subjected to sediment chemistry analysis in the appropriate tier. Samples shall be collected within the dredged material footprint, outside of the dredged material footprint, and outside of the disposal site boundaries. Samples within the footprint shall be subjected to chemical analysis in annual Tier 1 activity. Samples from outside of the footprint and outside of the disposal site boundaries shall be archived and analyzed only when the criteria requiring Tier 2 as specified in paragraph (l)(3)(x) of this section are met. A sufficient number of samples shall be collected so that the potential for adverse impacts due to elevated chemistry can be assessed with an appropriate time-series or ordinal technique.\n\n( 3 )  Biological monitoring.  Tier 1 Biological Monitoring shall have two components: Monitoring of pelagic communities and monitoring of benthic communities.\n\n( i )  Pelagic communities.  Tier 1 Biological Monitoring shall include regional surveys of seabirds, marine mammals and mid-water column fish populations appropriate for evaluating how these populations might be affected by disposal site use. A combination of annual regional and periodic (random) shipboard surveys of seabirds and marine mammals will be used. The regional survey designs for each category of biota shall be similar to that used for the regional characterization studies referenced in the Final Environmental Impact Statement for Designation of a Deep Water Ocean Dredged Material Disposal Site off San Francisco, California (August 1993) with appropriate realignments to accommodate transects within and in the vicinity of the SF-DODS. The periodic shipboard surveys shall be performed from vessels involved in dredged material disposal operations at the SF-DODS as specified in permit conditions imposed pursuant to paragraph (l)(3)(viii)(A)(12) of this section. The minimum number of surveys must be sufficient to characterize the disposal operations for each project, and, as practicable, provide seasonal data for an assessment of the potential for adverse impacts for the one-year period. An appropriate time-series (ordinal), and community analysis shall be performed using data collected during the current year and previous years.\n\n( ii )  Benthic communities.  Tier 1 Biological Monitoring shall include collection and preservation of boxcore samples of benthic communities so that such samples could be analyzed as a Tier 2 activity.\n\n( 4 )  Annual reporting.  The results of the annual Tier 1 studies shall be compiled in an annual report which will be available for public review.\n\n( B )  Tier 2 monitoring activities.  Tier 2 monitoring activities shall consist of the following:\n\n( 1 )  Physical monitoring.  Tier 2 Physical Monitoring shall consist of oceanographic studies conducted to validate and/or improve the models used to predict the dispersion in the water column and deposition of dredged material on the seafloor at the SF-DODS. The appropriate physical oceanographic studies may include: The collection of additional current meter data, deployment of sediment traps, and deployment of surface and subsurface drifters.\n\n( 2 )  Chemical monitoring.  Tier 2 Chemical Monitoring shall consist of performing sediment chemistry analysis on samples collected and preserved in Tier 1 from outside of the footprint and outside of the disposal site boundaries.\n\n( 3 )  Biological monitoring.  Tier 2 Biological Monitoring shall involve monitoring of pelagic communities and monitoring of benthic communities.\n\n( i )  Pelagic communities.  Tier 2 Biological Monitoring for pelagic communities shall include supplemental surveys of similar type to those in Tier 1, or other surveys as appropriate.\n\n( ii )  Benthic communities.  Tier 2 Biological Monitoring for benthic communities shall include a comparison of the benthic community within the dredged material footprint to benthic communities in adjacent areas outside of the dredged material footprint. An appropriate time-series (ordinal) and community analysis shall be performed using data collected during the current year and previous years to determine whether there are adverse changes in the benthic populations outside of the disposal site which may endanger the marine environment.\n\n( 4 )  Annual reporting.  The results of any required Tier 2 studies shall be compiled in an annual report which will be available for public review.\n\n(C)  Tier 3 monitoring activities.  Tier 3 monitoring activities shall consist of the following:\n\n( 1 )  Physical monitoring.  Tier 3 physical monitoring shall consist of advanced oceanographic studies to study the dispersion of dredged material in the water column and the deposition of dredged material on the seafloor in the vicinity of the SF-DODS. Such physical monitoring may include additional, intensified studies involving the collection of additional current meter data, deployment of sediment traps, and deployment of surface and subsurface drifters. Such studies may include additional sampling stations, greater frequency of sampling, more advanced sampling methodologies or equipment, or other additional increased study measures compared to similar studies conducted in Tier 1 or 2.\n\n( 2 )  Chemical monitoring.  Tier 3 Chemical Monitoring shall consist of analysis of tissues of appropriate field-collected benthic and/or epifaunal organisms to determine bioaccumulation of contaminants that may be associated with dredged materials deposited at the SF-DODS. Sampling and analysis shall be designed and implemented to determine whether the SF-DODS is a source of adverse bioaccumulation in the tissues of benthic species collected at or outside the SF-DODS, compared to adjacent unimpacted areas, which may endanger the marine environment. Appropriate sampling methodologies for these tests will be determined and the appropriate analyses will involve the assessment of benthic body burdens of contaminants and correlation with comparison of the benthic communities inside and outside of the sediment footprint.\n\n( 3 )  Biological monitoring.  Tier 3 biological monitoring shall have two components: monitoring of pelagic communities and monitoring of benthic communities.\n\n( i )  Pelagic communities.  Tier 3 Biological Monitoring shall include advanced studies of seabirds, marine mammals and mid-water column fish to evaluate how these populations might be affected by disposal site use. Such studies may include additional sampling stations, greater frequency of sampling, more advanced sampling methodologies or equipment, or other additional increased study measures compared to similar studies conducted in Tier 1 or 2. Studies may include evaluation of sub-lethal changes in the health of pelagic organisms, such as the development of lesions, tumors, developmental abnormality, decreased fecundity or other adverse sub-lethal effect.\n\n( ii )  Benthic communities.  Tier 3 Biological Monitoring shall include advanced studies of benthic communities to evaluate how these populations might be affected by disposal site use. Such studies may include additional sampling stations, greater frequency of sampling, more advanced sampling methodologies or equipment, or other additional increased study measures compared to similar studies conducted in Tier 2. Studies may include evaluation of sub-lethal changes in the health of benthic organisms, such as the development of lesions, tumors, developmental abnormality, decreased fecundity or other adverse sub-lethal effect.\n\n( 4 )  Reporting.  The results of any required Tier 3 studies shall be compiled in a report which will be available for public review.\n\n(D)  Periodic confirmatory monitoring.  At least once every three years, the following confirmatory monitoring activities will be conducted and results compiled in a report which will be available for public review: Samples of sediments taken from the dredged material footprint shall be subjected to bioassay testing using one or more appropriate sensitive marine species consistent with applicable ocean disposal testing guidance (\u201cGreen Book\u201d or related Regional Implementation Agreements), as determined by the Regional Administrator, to confirm whether contaminated sediments are being deposited at the SF-DODS despite extensive pre-disposal testing. In addition, near-surface arrays of appropriate filter-feeding organisms (such as mussels) shall be deployed in at least three locations in and around the disposal site for at least one month during active site use, to confirm whether substantial bioaccumulation of contaminants may be associated with exposure to suspended sediment plumes from multiple disposal events. One array must be deployed outside the influence of any expected plumes to serve as a baseline reference.\n\n(x)  Site management actions.  Once disposal operations at the site begin, the three-tier monitoring program described in paragraphs (l)(3)(ix) (A) through (C) of this section shall be implemented on an annual basis, through December 31, 1998, independent of the actual volumes disposed at the site. Thereafter, the Regional Administrator may establish a minimum annual disposal volume (not to exceed 10 percent of the designated site capacity at any time) below which this monitoring program need not be fully implemented. The Regional Administrator shall promptly review monitoring reports for the SF-DODS along with any other information available to the Regional Administrator concerning site monitoring activities. If the information gathered from monitoring at a given monitoring tier is not sufficient for the Regional Administrator to base reasonable conclusions as to whether disposal at the SF-DODS might be endangering the marine ecosystem, then the Regional Administrator shall require intensified monitoring at a higher tier. If monitoring at a given tier establishes that disposal at the SF-DODS is endangering the marine ecosystem, then the Regional Administrator shall require modification, suspension or termination of site use.\n\n(A)  Selection of site monitoring tiers \u2014( 1 )  Physical monitoring.  Physical monitoring shall remain limited to Tier 1 monitoring when Tier 1 monitoring establishes that no significant amount of dredged material has been deposited or transported outside of the site boundaries. Tier 2 monitoring shall be employed when Tier 1 monitoring is insufficient to conclude that a significant amount of dredged material as defined in paragraph (l)(3)(x)(A)( 4 ) of this section has not been deposited or transported outside of the site boundaries.\n\n( 2 )  Chemical monitoring.  ( i ) Chemical monitoring shall remain limited to Tier 1 Chemical Monitoring when the results of Physical Monitoring indicate that a significant amount of dredged material as defined in paragraph (l)(3)(x)(A)( 4 ) of this section has not been deposited or transported off-site, and Tier 1 Chemical Monitoring establishes that dredged sediments deposited at the disposal site do not contain levels of chemical contaminants that are significantly elevated above the range of chemical contaminant levels in dredged sediments that the Regional Administrator and the District Engineer found to be suitable for disposal at the SF-DODS pursuant to 40 CFR part 227.\n\n( ii ) Tier 2 monitoring shall be employed when the results of Physical Monitoring indicate that a significant amount of dredged material as defined in paragraph (l)(3)(x)(A)( 4 ) of this section has been deposited off-site, and Tier 1 Chemical Monitoring is insufficient to establish that dredged sediments deposited at the disposal site do not contain levels of chemical contaminants that are significantly elevated above the range of chemical contaminant levels in dredged sediments that the Regional Administrator and the District Engineer found to be suitable for disposal at the SF-DODS pursuant to 40 CFR part 227.\n\nThe Regional Administrator may employ Tier 2 monitoring when available evidence indicates that a significant amount of dredged material as defined in paragraph (l)(3)(x)(A)( 4 ) of this section has been deposited near the SF-DODS site boundary.\n\n( iii ) Tier 3 monitoring shall be employed within and outside the dredged material footprint when Tier 2 Chemical Monitoring is insufficient to establish that dredged sediments deposited at the disposal site do not contain levels of chemical contaminants that are significantly elevated above the range of chemical contaminant levels in dredged sediments that the Regional Administrator and the District Engineer found to be suitable for disposal at the SF-DODS pursuant to 40 CFR part 227.\n\n( 3 )  Biological monitoring.  ( i )  Pelagic communities.  Biological monitoring for pelagic communities shall remain limited to Tier 1 monitoring when Tier 1 monitoring establishes that disposal at the SF-DODS has not endangered the monitored pelagic communities. When Tier 1 monitoring is insufficient to make reasonable conclusions whether disposal at the site has endangered the monitored pelagic communities, then Tier 2 monitoring of pelagic communities shall be employed. When Tier 2 monitoring is insufficient to make reasonable conclusions whether disposal at the site has endangered the monitored pelagic communities, then Tier 3 monitoring of pelagic communities shall be employed.\n\n( ii )  Benthic communities.  Biological monitoring for benthic communities shall remain limited to Tier 1 monitoring when physical monitoring establishes that a significant amount of dredged material has not been deposited outside of the site boundaries. If physical monitoring indicates that a significant amount of dredged material has been deposited or transported outside of the site boundaries, then Tier 2 analysis of benthic communities shall be performed. If Chemical Monitoring establishes that there is significant bioaccumulation of contaminants in organisms sampled from within or outside the dredged material footprint, then Tier 3 Biological Monitoring of the disposal site shall be employed. Tier 3 Biological Monitoring may replace Tier 3 Chemical Monitoring if observed biological effects are established as surrogate indicators for bioaccumulation of chemical contaminants in sampled organisms.\n\n( 4 )  Definition of significant dredged material accumulation.  For purposes of this paragraph (l)(3)(x)(A) of this section, dredged material accumulation on the ocean bottom to a thickness of five centimeters shall be considered to be a significant amount of dredged material. The Regional Administrator may determine that a lesser amount of accumulation is significant if available evidence indicates that a lesser amount of off-site accumulation could endanger marine resources.\n\n(B)  Modification, suspension or termination of site use.  ( 1 ) If the results of site monitoring or other information indicate that any of the following are occurring as a result of disposal at the SF-DODS, then the Regional Administrator shall modify, suspend, or terminate site use overall, or for individual projects as appropriate:\n\n( i ) Exceedance of Federal marine water quality criteria within the SF-DODS following initial mixing as defined in 40 CFR 227.29(a) or beyond the site boundary at any time;\n\n( ii ) Placement or movement of significant quantities of disposed material outside of site boundaries near or toward significant biological resource areas or marine sanctuaries;\n\n( iii ) Endangerment of the marine environment related to potentially significant adverse changes in the structure of the benthic community outside the disposal site boundary;\n\n( iv ) Endangerment to the health, welfare, or livelihood of persons or to the environment related to potentially significant adverse bioaccumulation in organisms collected from the disposal site or areas adjacent to the site boundary compared to the reference site;\n\n( v ) Endangerment to the health, welfare, or livelihood of persons related to potentially significant adverse impacts upon commercial or recreational fisheries resources near the site; or\n\n( vi ) Endangerment to the health, welfare, or livelihood of persons or to the environment related to any other potentially significant adverse environmental impacts.\n\n( 2 ) The Regional Administrator shall modify site use, rather than suspend or terminate site use, when site use modification will be sufficient to eliminate the adverse environmental impacts referred to in paragraphs (l)(3)(x)(B)( 1 ) ( i ) or ( ii ) of this section or the endangerment to human health, welfare or livelihood to the environment referred to in paragraphs (l)(3)(x)(B)( 1 ) ( iii ) through ( vi ) of this section. Notwithstanding the provisions of any permit or federal project authorization authorizing site use, the Regional Administrator shall order, following opportunity for public comment, any of the following modifications to site use that he or she deems necessary to eliminate the adverse environmental effect or endangerment to human health, welfare, or livelihood or to the environment:\n\n( i ) Change or additional restrictions upon the permissible times, rates and total volume of disposal of dredged material at the SF-DODS;\n\n( ii ) Change or additional restrictions upon the method of disposal or transportation of dredged materials for disposal; or\n\n( iii ) Change or additional limitations upon the type or quality of dredged materials according to chemical, physical, bioassay toxicity, or bioaccumulation characteristics.\n\n( 3 ) The Regional Administrator shall suspend site use when site use suspension is both necessary and sufficient to eliminate any adverse environmental effect or endangerment to human health, welfare, or livelihood or to the environment referred to in paragraph (l)(3)(x)(B)( 1 ) of this section. Notwithstanding the provisions of any permit or federal project authorization authorizing site use, the Regional Administrator shall order, following opportunity for public comment, site use suspension until an appropriate management action is identified or for a time period that will eliminate the adverse environmental effect or endangerment to human health, welfare, or livelihood or to the environment.\n\n( 4 ) Notwithstanding the provisions of any permit or federal project authorization authorizing site use, the Regional Administrator shall order, following opportunity for public comment, site use permanently terminated if this is the only means for eliminating the adverse environmental impacts referred to in paragraphs (l)(3)(x)(B)( 1 ) ( i ) or ( ii ) of this section or the endangerment to human health, welfare or livelihood to the environment referred to in paragraphs (l)(3)(x)(B)( 1 ) ( iii ) through ( vi ) of this section.\n\n(4) Channel Bar Site, San Francisco, CA (SF-8).\n\n(i)  Location:  37\u00b044\u203255\u2033 N, 122\u00b037\u203218\u2033 W; 37\u00b045\u203245\u2033 N, 122\u00b034\u203224\u2033 W; 37\u00b044\u203224\u2033 N, 122\u00b037\u203206\u2033 W; 37\u00b045\u203215\u2033 N, 122\u00b034\u203212\u2033 W (NAD27).\n\n(ii)  Size:  4,572 \u00d7 914 meters.\n\n(iii)  Depth:  Ranges from 11 to 14.3 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to material from required dredging operations at the entrance of the San Francisco main ship channel which is composed primarily of sand having grain sizes compatible with naturally occurring sediments at the disposal site and containing approximately 5 percent of particles having grain sizes finer than that normally attributed to very fine sand (.075 millimeters). Other dredged materials meeting the requirements of 40 CFR 227.13 but having smaller grain sizes may be dumped at this site only upon completion of an appropriate case-by-case evaluation of the impact of such material on the site which demonstrates that such impact will be acceptable.\n\n(5) Hilo, HI.\n\n(i)  Location:  (center point): Latitude\u201419\u00b048\u203230\u2033 N.; Longitude\u2014154\u00b058\u203230\u2033 W.\n\n(ii)  Size:  Circular with a radius of 920 meters.\n\n(iii)  Depth:  Ranges from 330 to 340 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(6) Kahului, HI.\n\n(i)  Location:  (center point): Latitude\u201421\u00b004\u203242\u2033 N.; Longitude\u2014156\u00b029\u203200\u2033 W.\n\n(ii)  Size:  Circular with a radius of 920 meters.\n\n(iii)  Depth:  Ranges from 345 to 365 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(7) South Oahu, HI.\n\n(i)  Location:  (center point): Latitude\u201421\u00b015\u203210\u2033 N.; Longitude\u2014157\u00b056\u203250\u2033 W.\n\n(ii)  Size:  2 kilometers wide and 2.6 kilometers long.\n\n(iii)  Depth:  Ranges from 400 to 475 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(8) Nawiliwili, HI.\n\n(i)  Location:  (centerpoint): Latitude\u201421\u00b055\u203200\u2033 N. Longitude\u2014159\u00b017\u203200\u2033 W.\n\n(ii)  Size:  Circular with a radius of 920 meters.\n\n(iii)  Depth:  Ranges from 840 to 1,120 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(9) Port Allen, HI.\n\n(i)  Location:  (center point) Latitude\u201421\u00b050\u203200\u2033 N. Longitude\u2014159\u00b035\u203200\u2033 W.\n\n(ii)  Size:  Circular with a radius of 920 meters.\n\n(iii)  Depth:  Ranges from 1,460 to 1,610 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material.\n\n(10) Humboldt Open Ocean Disposal Site (HOODS) Ocean Dredged Material Disposal Site\u2014Region IX.\n\n(i)  Location:  The coordinates of the four corners of the square site are: 40\u00b050.300\u2032 North latitude (N) by 124\u00b0018.017\u2032 West longitude (W); 40\u00b049.267\u2032 N by 124\u00b015.767\u2032 W; 40\u00b047.550\u2032 N by 124\u00b017.083\u2032 W; and 40\u00b048.567\u2032 N by 124\u00b019.300\u2032 W (North American Datum from 1983). The expanded disposal site boundary defined by these coordinates replaces and supersedes the previous boundary.\n\n(ii)  Size:  4 square nautical miles (13.4 square kilometers).\n\n(iii)  Depth:  Water depths within the area range between approximately 150 to 210 feet (45 to 64 meters).\n\n(iv)  Use Restricted to Disposal of:  Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 220-228.\n\n(v)  Period of Use:  Continuing use for 50 years from the effective date of this updated site designation, subject to restrictions and provisions set forth in paragraph (l)(10)(vi) of this section.\n\n(vi)  Restrictions/Provisions:  Disposal at HOODS shall be in accordance with the permit or Federal project approval that incorporates all conditions set forth in the most recent Site Management and Monitoring Plan (SMMP) for the HOODS published by EPA in consultation with USACE, and as may be modified in EPA concurrences for individual projects disposing at HOODS. The SMMP may be periodically revised as necessary; proposed substantive revisions to the SMMP shall be made following opportunity for public review and comment.\n\n(11) Newport Beach, CA, (LA-3) Ocean Dredged Material Disposal Site\u2014Region IX.\n\n(i)  Location:  Center coordinates of the circle-shaped site are: 33\u00b031\u203200\u2033 North Latitude by 117\u00b053\u203230\u2033 West Longitude (North American Datum from 1983), with a radius of 3,000 feet (915 meters).\n\n(ii)  Size:  0.77 square nautical miles.\n\n(iii)  Depth:  1,500 to 1,675 feet (460 to 510 meters).\n\n(iv)  Use Restricted to Disposal of:  Dredged materials.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged materials that comply with EPA's Ocean Dumping Regulations.\n\n(12) Guam Deep Ocean Disposal Site (G-DODS)\u2014Region IX.\n\n(i)  Location:  Center coordinates of the circle-shaped site are: 13\u00b035.500\u2032 North Latitude by 144\u00b028.733\u2032 East Longitude (North American Datum from 1983), with an overall diameter of 3 nautical miles (5.6 kilometers).\n\n(ii)  Size:  7.1 square nautical miles (24.3 square kilometers) overall site.\n\n(iii)  Depth:  8,790 feet (2,680 meters).\n\n(iv)  Use Restricted to Disposal of:  Suitable dredged materials.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to a maximum of 1 million cubic yards (764,555 cubic meters) per calendar year of dredged materials that comply with EPA's Ocean Dumping Regulations; disposal operations shall be conducted in accordance with requirements specified in a Site Management and Monitoring Plan developed by EPA and USACE, to be reviewed at least every 10 years.\n\n(m) Region IX Final Other Wastes Sites.\n\n(1) Fish Processing Waste Disposal Site, American Samoa.\n\n(i)  Location:  14\u00b024.00\u2032 S., 170\u00b038.30\u2032 W (NAD27) with a 1.5 nautical mile radius.\n\n(ii)  Size:  7.07 square nautical miles.\n\n(iii)  Depth:  1,502 fathoms (2,746 meters or 9,012 feet).\n\n(iv)  Primary Use:  Disposal of fish processing wastes.\n\n(v)  Period of Use:  Continued use.\n\n(vi)  Restriction:  Disposal shall be limited to dissolved air flotation (DAF) sludge, presswater, and precooker water produced as a result of fish processing operations at fish canneries generated in American Samoa.\n\n(2) [Reserved]\n\n(n) Region X Final Dredged Material Sites.\n\n(1) Chetco, OR, Dredged Material Site.\n\n(i)  Location:  42\u00b001\u203255\u2033 N., 124\u00b016\u203237\u2033 W.; 42\u00b001\u203255\u2033 N., 124\u00b016\u203213\u2033 W.; 42\u00b001\u203237\u2033 N., 124\u00b016\u203213\u2033 W.; and 42\u00b001\u203237\u2033 N., 124\u00b016\u203237\u2033 W. (NAD83)\n\n(ii)  Size:  0.09 square nautical mile.\n\n(iii)  Depth:  21 meters (average).\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material determined to be suitable for unconfined disposal from the Chetco Estuary and River and adjacent areas.\n\n(2) Coos Bay, OR Dredged Material Site E.\n\n(i)  Location:  43\u00b021\u203259\u2033 N, 124\u00b022\u203245\u2033 W;43\u00b021\u203248\u2033 N, 124\u00b021\u203259\u2033 W; 43\u00b021\u203235\u2033 N, 124\u00b022\u203205\u2033 W; 43\u00b021\u203246\u2033 N, 124\u00b022\u203251\u2033 W (NAD27).\n\n(ii)  Size:  0.13 square nautical mile.\n\n(iii)  Depth:  Averages 17 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material in the Coos Bay area of type 1, as defined in the site designation final EIS.\n\n(3) Coos Bay, OR Dredged Material Site F\n\n(i)  Location:  43\u00b022\u203254.8887\u2033 N., 124\u00b019\u203228.9905\u2033 W.; 43\u00b021\u203232.8735\u2033 N., 124\u00b020\u203237.7373\u2033 W.; 43\u00b022\u203251.4004\u2033 N., 124\u00b023\u203232.4318\u2033 W.; 43\u00b023\u203258.4014\u2033 N., 124\u00b022\u203235.4308\u2033 W. (NAD 83).\n\n(ii)  Size:  4.45 kilometers long and 2.45 kilometers wide.\n\n(iii)  Depth:  Ranges from 6 to 51 meters.\n\n(iv)  Primary Use:  Dredged material determined to be suitable for ocean disposal.\n\n(v)  Period of Use:  Continuing Use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material determined to be suitable for unconfined disposal; Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP); Monitoring, as specified in the SMMP, is required.\n\n(4) Coos Bay, OR Dredged Material Site H\n\n(i)  Location:  43\u00b023\u203253\u2033 N, 124\u00b022\u203248\u2033 W; 43\u00b023\u203242\u2033 N, 124\u00b023\u203201\u2033 W; 43\u00b024\u203216\u2033 N, 124\u00b023\u203226\u2033 W; 43\u00b024\u203205\u2033 N, 124\u00b023\u203238\u2033 W (NAD27).\n\n(ii)  Size:  0.13 square nautical mile.\n\n(iii)  Depth:  Averages 55 meters.\n\n(iv)  Primary Use:  Dredged material.\n\n(v)  Period of Use:  Continuing use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material in the Coos Bay area of type 2 and 3, as defined in the site designation final EIS.\n\n(5) Coquille River Entrance, OR.\n\n(i)  Location:  43\u00b008\u203226\u2033 N, 124\u00b026\u203244\u2033 W; 43\u00b008\u203203\u2033 N, 124\u00b026\u203208\u2033 W; 43\u00b008\u203213\u2033 N, 124\u00b027\u203200\u2033 W; 43\u00b007\u203250\u2033 N, 124\u00b026\u203223\u2033 W Centroid: 43\u00b008\u203208\u2033 N, 124\u00b026\u203234\u2033 W (NAD27).\n\n(ii)  Size:  0.17 square nautical miles.\n\n(iii)  Depth:  18.3 meters.\n\n(iv)  Period of Use:  Continuing use.\n\n(v)  Restrictions:  Disposal shall be limited to dredged material from the Coquille Estuary and River and adjacent areas.\n\n(6) Rogue River, OR\u2014Dredged Material Site\n\n(i)  Location:  42\u00b024\u203215.40\u2033 N, 124\u00b026\u203252.39\u2033 W; 42\u00b024\u203203.40\u2033 N, 124\u00b026\u203239.39\u2033 W; 42\u00b023\u203239.40\u2033 N, 124\u00b027\u203217.40\u2033 W; 42\u00b023\u203251.40\u2033 N, 124\u00b027\u203230.40\u2033 W (NAD 83)\n\n(ii)  Size:  Approximately 1.1 kilometers long and 0.4 kilometers wide\n\n(iii)  Depth:  Ranges from approximately 15 to 27 meters\n\n(iv)  Primary Use:  Dredged material\n\n(v)  Period of Use:  Continuing Use\n\n(vi)  Restrictions:  (A) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13, from the Rogue River navigation channel and adjacent areas;\n\n(B) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n(C) Monitoring, as specified in the SMMP, is required.\n\n(7) Umpqua River, OR\u2014North and South Dredged Material Disposal Sites.\n\n(i) North Umpqua River Site.\n\n(A)  Location:  43\u00b041\u203223.09\u2033 N, 124\u00b014\u203220.28\u2033 W; 43\u00b041\u203225.86\u2033 N, 124\u00b012\u203254.61\u2033 W; 43\u00b040\u203243.62\u2033 N, 124\u00b014\u203217.85\u2033 W; 43\u00b040\u203246.37\u2033 N, 124\u00b012\u203252.74\u2033 W.\n\n(B)  Size:  Approximately 1.92 kilometers long and 1.22 kilometers wide, with a drop zone which is defined as a 500-foot setback inscribed within all sides of the site boundary, reducing the permissible disposal area to a zone 5,300 feet long by 3,000 feet wide.\n\n(C)  Depth:  Ranges from approximately 9 to 37 meters.\n\n(D)  Primary Use:  Dredged material.\n\n(E)  Period of Use:  Continuing Use.\n\n(F)  Restrictions:  ( 1 ) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13, from the Umpqua River navigation channel and adjacent areas;\n\n( 2 ) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n( 3 ) Monitoring, as specified in the SMMP, is required.\n\n(ii) South Umpqua River Site.\n\n(A)  Location:  43\u00b039\u203232.31\u2033 N, 124\u00b014\u203235.60\u2033 W; 43\u00b039\u203235.23\u2033 N, 124\u00b013\u203211.01\u2033 W; 43\u00b038\u203253.08\u2033 N, 124\u00b014\u203232.94\u2033 W; 43\u00b038\u203255.82\u2033 N, 124\u00b013\u203208.36\u2033 W.\n\n(B)  Size:  Approximately 1.92 kilometers long and 1.22 kilometers wide, with a drop zone which is defined as a 500-foot setback inscribed within all sides of the site boundary, reducing the permissible disposal area to a zone 5,300 feet long by 3,000 feet wide.\n\n(C)  Depth:  Ranges from approximately 9 to 37 meters.\n\n(D)  Primary Use:  Dredged material.\n\n(E)  Period of Use:  Continuing Use.\n\n(F)  Restrictions:  ( 1 ) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13, from the Umpqua River navigation channel and adjacent areas;\n\n( 2 ) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n( 3 ) Monitoring, as specified in the SMMP, is required.\n\n(8) Mouth of the Columbia River, OR/WA Dredged Material Shallow Water site.\n\n(i)  Location:  Overall Site Coordinates: 46\u00b015\u203231.64\u2033 N, 124\u00b005\u203209.72\u2033 W; 46\u00b014\u203217.66\u2033 N, 124\u00b007\u203214.54\u2033 W; 46\u00b015\u203202.87\u2033 N, 124\u00b008\u203211.47\u2033 W; 46\u00b015\u203252.77\u2033 N, 124\u00b005\u203242.92\u2033 W. Drop Zone: 46\u00b015\u203235.36\u2033 N, 124\u00b005\u203215.55\u2033 W; 46\u00b014\u203231.07\u2033 N, 124\u00b007\u203203.25\u2033 W; 46\u00b014\u203258.83\u2033 N, 124\u00b007\u203236.89\u2033 W; 46\u00b015\u203242.38\u2033 N, 124\u00b005\u203226.65\u2033 W (All NAD 83)\n\n(ii)  Size:  3.05 kilometers long and 0.32 to 1.10 kilometers wide or 1.4 square nautical mile.\n\n(iii)  Depth:  Ranges from 14 to 23 meters.\n\n(iv)  Primary Use:  Dredged Material determined to be suitable for ocean disposal.\n\n(v)  Period of Use:  Continuing Use.\n\n(vi)  Restriction:  Disposal shall be limited to dredged material determined to be suitable for unconfined disposal; Site use shall be consistent with the ability of the site to disperse disposed material into the littoral zone.\n\n(9) Mouth of the Columbia River, OR/WA Dredged Material Deep Water site.\n\n(i)  Location:  Overall Site Coordinates: 46\u00b011\u203203.03\u2033 N, 124\u00b010\u203201.30\u2033 W; 46\u00b013\u203209.78\u2033 N, 124\u00b012\u203239.67\u2033 W; 46\u00b010\u203240.88\u2033 N, 124\u00b016\u203246.48\u2033 W; 46\u00b008\u203234.22\u2033 N, 124\u00b014\u203208.07\u2033 W (which includes a 3,000-foot buffer); Site Placement Area: 46\u00b011\u203206.00\u2033 N, 124\u00b011\u203205.99\u2033 W; 46\u00b012\u203228.01\u2033 N, 124\u00b012\u203248.48\u2033 W; 46\u00b010\u203237.96\u2033 N, 124\u00b015\u203250.91\u2033 W; 46\u00b009\u203215.99\u2033 N, 124\u00b014\u203208.40\u2033 W (All NAD, 83).\n\n(ii)  Size:  7.01 kilometers long by 5.18 kilometers wide or 10.5 square nautical mile.\n\n(iii)  Depth:  Ranges from 58 to 91 meters.\n\n(iv)  Primary Use:  Dredged material determined to be suitable for ocean disposal.\n\n(v)  Period of Use:  Continuing Use or until placed material has mounded to an average height of 40 feet within the placement area ( see  restriction 4 below).\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material determined to be suitable for unconfined disposal; Site use shall be consistent with the ability of the site to retain disposed material on-site; Direct disposal of dredged material into the identified buffer zone is prohibited; and The Corps and/or EPA shall undertake specific re-evaluation of site capacity once the site is used and an average mound height of 30 feet has accumulated throughout the placement area. This evaluation will either confirm the original 40-foot height restriction, or recommend a more technically appropriate one.\n\n(10) [Reserved]\n\n(11) Grays Harbor Southwest Navigation Site.\n\n(i)  Location:  46\u00b052.94\u2032 N, 124\u00b013.81\u2032 W; 46\u00b052.17\u2032 N, 124\u00b012.96\u2032 W; 46\u00b051.15\u2032 N, 124\u00b014.19\u2032 W; 46\u00b051.92\u2032 N, 124\u00b014.95\u2032 W (NAD27).\n\n(ii)  Size:  1.25 square nautical miles.\n\n(iii)  Depth:  30-37 meters (average).\n\n(iv)  Primary use:  Dredged material.\n\n(v)  Period of use:  Continuing use.\n\n(vi)  Restrictions:  Disposal shall be limited to dredged material determined to be suitable for unconfined disposal from Grays Harbor estuary and adjacent areas. Additional discharge restrictions will be contained in the EPA/Corps management plan for the site.\n\n(12)-(13) [Reserved]\n\n(14) Siuslaw River, OR\u2014North and South Dredged Material Disposal Sites.\n\n(i) North Siuslaw River Site.\n\n(A)  Location:\n\n44\u00b001\u203231.03\u2033 N, 124\u00b010\u203212.92\u2033 W,\n\n44\u00b001\u203249.39\u2033 N, 124\u00b010\u203202.85\u2033 W,\n\n44\u00b001\u203231.97\u2033 N, 124\u00b009\u203201.86\u2033 W,\n\n44\u00b001\u203213.45\u2033 N, 124\u00b009\u203211.41\u2033 W.\n\n(B)  Size:  Approximately 1.5 kilometers long and 0.6 kilometers wide.\n\n(C)  Depth:  Ranges from approximately 9 to 35 meters.\n\n(D)  Primary Use:  Dredged material.\n\n(E)  Period of Use:  Continuing Use.\n\n(F)  Restrictions:  ( 1 ) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13 from the Siuslaw River navigation channel and adjacent areas;\n\n( 2 ) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n( 3 ) Monitoring, as specified in the SMMP, is required.\n\n(ii) South Siuslaw River Site.\n\n(A)  Location:\n\n44\u00b000\u203246.72\u2033 N, 124\u00b010\u203226.55\u2033 W,\n\n44\u00b001\u203206.41\u2033 N, 124\u00b010\u203224.45\u2033 W,\n\n44\u00b001\u203204.12\u2033 N, 124\u00b009\u203243.52\u2033 W,\n\n44\u00b000\u203244.45\u2033 N, 124\u00b009\u203245.63\u2033 W.\n\n(B)  Size:  Approximately 0.9 kilometers long and 0.6 kilometers wide.\n\n(C)  Depth:  Ranges from approximately 24 to 38 meters.\n\n(D)  Primary Use:  Dredged material.\n\n(E)  Period of Use:  Continuing Use.\n\n(F)  Restrictions:  ( 1 ) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13, from the Siuslaw River navigation channel and adjacent areas;\n\n( 2 ) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n( 3 ) Monitoring, as specified in the SMMP, is required.\n\n(15) Yaquina Bay, OR\u2014North and South Ocean Dredged Material Disposal Sites\n\n(i) North Site.\n\n(A)  Location (NAD 83):  44\u00b038\u203217.98\u2033 N, 124\u00b007\u203225.95\u2033 W; 44\u00b038\u203212.86\u2033 N, 124\u00b006\u203231.10\u2033 W; 44\u00b037\u203214.33\u2033 N, 124\u00b007\u203237.57\u2033 W; 44\u00b037\u203209.22\u2033 N, 124\u00b006\u203242.73\u2033 W.\n\n(B)  Size:  Approximately 1.07 nautical miles long and 0.66 nautical miles wide (0.71 square nautical miles); 597 acres (242 hectares)\n\n(C)  Depth:  Ranges from approximately 112 to 152 feet (34 to 46 meters)\n\n(D)  Primary Use:  Dredged material\n\n(E)  Period of Use:  Continuing use\n\n(F)  Restrictions:  ( 1 ) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13 from the Yaquina Bay and River navigation channel and adjacent areas;\n\n( 2 ) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n( 3 ) Monitoring, as specified in the SMMP, is required.\n\n(ii) South Site.\n\n(A)  Location (NAD 83):  44\u00b036\u203204.50\u2033 N, 124\u00b007\u203252.66\u2033 W; 44\u00b035\u203259.39\u2033 N, 124\u00b006\u203257.84\u2033 W; 44\u00b035\u203200.85\u2033 N, 124\u00b008\u203204.27\u2033 W; 44\u00b034\u203255.75\u2033 N, 124\u00b007\u203209.47\u2033 W.\n\n(B)  Size:  Approximately 1.07 nautical miles long and 0.66 nautical miles wide (0.71 square nautical miles); 597 acres (242 hectares)\n\n(C)  Depth:  Ranges from approximately 112 to 152 feet (34 to 46 meters)\n\n(D)  Primary Use:  Dredged material\n\n(E)  Period of Use:  Continuing use\n\n(F)  Restrictions:  ( 1 ) Disposal shall be limited to dredged material determined to be suitable for ocean disposal according to 40 CFR 227.13, from the Yaquina Bay and River navigation channel and adjacent areas;\n\n( 2 ) Disposal shall be managed by the restrictions and requirements contained in the currently-approved Site Management and Monitoring Plan (SMMP);\n\n( 3 ) Monitoring, as specified in the SMMP, is required.\n\n(o) Region X Final Other Wastes Sites.\n\n(1) No final sites.\n\n(2) [Reserved]"], ["40:40:27.0.1.3.22.0.17.2", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.2 Definitions.", "EPA", "", "", "[42 FR 2482, Jan. 11, 1977, as amended at 73 FR 74987, Dec. 10, 2008]", "(a) The term  disposal site  means a finally approved and precise geographical area within which ocean dumping of wastes is permitted under conditions specified in permits issued under sections 102 and 103 of the Act. Such sites are identified by boundaries established by coordinates of latitude and longitude for each corner, or by coordinates of latitude and longitude for the center point and a radius in nautical miles from that point. Boundary coordinates shall be identified as precisely as is warranted by the accuracy with which the site can be located with existing navigational aids or by the implantation of transponders, buoys or other means of marking the site.\n\n(b) The term  baseline  or  trend assessment  survey means the planned sampling or measurement of parameters at set stations or in set areas in and near disposal sites for a period of time sufficient to provide synoptic data for determining water quality, benthic, or biological conditions as a result of ocean disposal operations. The minimum requirements for such surveys are given in \u00a7 228.13.\n\n(c) The term  disposal site evaluation study  means the collection, analysis, and interpretation of all pertinent information available concerning an existing disposal site, including but not limited to, data and information from trend assessment surveys, monitoring surveys, special purpose surveys of other Federal agencies, public data archives, and social and economic studies and records of affected areas.\n\n(d) The term  disposal site designation study  means the collection, analysis and interpretation of all available pertinent data and information on a proposed disposal site prior to use, including but not limited to, that from baseline surveys, special purpose surveys of other Federal agencies, public data archives, and social and economic studies and records of areas which would be affected by use of the proposed site.\n\n(e) The term  management authority  means the EPA organizational entity assigned responsibility for implementing the management functions identified in \u00a7 228.3.\n\n(f)  Statistical significance  shall mean the statistical significance determined by using appropriate standard techniques of multivariate analysis with results interpreted at the 95 percent confidence level and based on data relating species which are present in sufficient numbers at control areas to permit a valid statistical comparison with the areas being tested.\n\n(g)  Valuable commercial and recreational species  shall mean those species for which catch statistics are compiled on a routine basis by the Federal or State agency responsible for compiling such statistics for the general geographical area impacted, or which are under current study by such Federal or State agencies for potential development for commercial or recreational use.\n\n(h)  Normal ambient value  means that concentration of a chemical species reasonably anticipated to be present in the water column, sediments, or biota in the absence of disposal activities at the disposal site in question."], ["40:40:27.0.1.3.22.0.17.3", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.3 Disposal site management responsibilities.", "EPA", "", "", "[42 FR 2482, Jan. 11, 1977, as amended at 59 FR 61129, Nov. 29, 1994; 73 FR 74987, Dec. 10, 2008]", "(a) Management of a site consists of regulating times, rates, and methods of disposal and quantities and types of materials disposed of; developing and maintaining effective ambient monitoring programs for the site; conducting disposal site evaluation and designation studies; and recommending modifications in site use and/or designation (e.g., termination of use of the site for general use or for disposal of specific wastes).\n\n(b) Each site, upon final designation, will be assigned to either an EPA Regional office or to EPA Headquarters for management. These designations will be consistent with the delegation of authority in \u00a7 220.4 of this chapter. The designated management authority is fully responsible for all aspects of the management of sites within the general requirements specified in \u00a7 220.4 and this chapter. Specific requirements for meeting the management responsibilities assigned to the designated management authority for each site are outlined in \u00a7\u00a7 228.5 and 228.6."], ["40:40:27.0.1.3.22.0.17.4", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.4 Procedures for designation of sites.", "EPA", "", "", "[42 FR 2482, Jan. 11, 1977, as amended at 73 FR 74987, Dec. 10, 2008]", "(a)  General Permits.  Geographical areas or regions within which materials may be dumped under a general permit will be published as part of the promulgation of each general permit.\n\n(b)  Special permits.  Areas where ocean dumping is permitted subject to the specific conditions of individual special permits, will be designated by promulgation in this part 228, and such designation will be made based on environmental studies of each site, regions adjacent to the site, and on historical knowledge of the impact of waste disposal on areas similar to such sites in physical, chemical, and biological characteristics. All studies for the evaluation and potential selection of dumping sites will be conducted in accordance with the requirements of \u00a7\u00a7 228.5 and 228.6. The Administrator may, from time to time, designate specific locations for temporary use for disposal of small amounts of materials under a special permit only without disposal site designation studies when such materials satisfy the Criteria and the Administrator determines that the quantities to be disposed of at such sites will not result in significant impact on the environment. Such designations will be done by promulgation in this part 228, and will be for a specified period of time and for specified quantities of materials.\n\n(c)  Emergency Permits.  Dumping sites for materials disposed of under an emergency permit will be specified by the Administrator as a permit condition and will be based on an individual appraisal of the characteristics of the waste and the safest means for its disposal.\n\n(d)  Research Permits.  Dumping sites for research permits will be determined by the nature of the proposed study. Dumping sites will be specified by the Administrator as a permit condition.\n\n(e)  Dredged Material Permits.  (1) Areas where ocean dumping of dredged material is permitted subject to the specific conditions of Dredged Material permits issued by the U.S. Army Corps of Engineers will be designated by EPA promulgation in this part 228, and such designation will be made based on environmental studies of each site, regions adjacent to the site, and on historical knowledge of the impact of dredged material disposal on areas similar to such sites in physical, chemical, and biological characteristics. All studies for the evaluation and potential selection of dredged material disposal sites will be conducted in accordance with the appropriate requirements of \u00a7\u00a7 228.5 and 228.6, except that:\n\n(i) Baseline or trend assessment requirements may be developed on a case-by-case basis from the results of research, including that now in progress by the Corps of Engineers.\n\n(ii) An environmental impact assessment for all sites within a particular geographic area may be prepared based on complete disposal site designation or evaluation studies on a typical site or sites in that area. In such cases, sufficient studies to demonstrate the generic similarity of all sites within such a geographic area will be conducted.\n\n(2) In those cases where a recommended disposal site has not been designated by the Administrator, or where it is not feasible to utilize a recommended disposal site that has been designated by the Administrator, the District Engineer shall, in consultation with EPA, select a site in accordance with the requirements of \u00a7\u00a7 228.5 and 228.6(a). Concurrence by EPA in permits issued for the use of such site for the dumping of dredged material at the site will constitute EPA approval of the use of the site for dredged material disposal only.\n\n(3) Sites designated for the ocean dumping of dredged material in accordance with the procedures of paragraph (e) (1) or (2) of this section shall be used only for the ocean dumping of dredged material under permits issued by the U.S. Army Corps of Engineers."], ["40:40:27.0.1.3.22.0.17.5", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.5 General criteria for the selection of sites.", "EPA", "", "", "[42 FR 2482, Jan. 11, 1977, as amended at 73 FR 74987, Dec. 10, 2008]", "(a) The dumping of materials into the ocean will be permitted only at sites or in areas selected to minimize the interference of disposal activities with other activities in the marine environment, particularly avoiding areas of existing fisheries or shellfisheries, and regions of heavy commercial or recreational navigation.\n\n(b) Locations and boundaries of disposal sites will be so chosen that temporary perturbations in water quality or other environmental conditions during initial mixing caused by disposal operations anywhere within the site can be expected to be reduced to normal ambient seawater levels or to undetectable contaminant concentrations or effects before reaching any beach, shoreline, marine sanctuary, or known geographically limited fishery or shellfishery.\n\n(c) [Reserved]\n\n(d) The sizes of ocean disposal sites will be limited in order to localize for identification and control any immediate adverse impacts and permit the implementation of effective monitoring and surveilance programs to prevent adverse long-range impacts. The size, configuration, and location of any disposal site will be determined as a part of the disposal site evaluation or designation study.\n\n(e) EPA will, wherever feasible, designate ocean dumping sites beyond the edge of the continental shelf and other such sites that have been historically used."], ["40:40:27.0.1.3.22.0.17.6", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.6 Specific criteria for site selection.", "EPA", "", "", "[42 FR 2482, Jan. 11, 1977, as amended at 84 FR 31515, July 2, 2019]", "(a) In the selection of disposal sites, in addition to other necessary or appropriate factors determined by the Administrator, the following factors will be considered:\n\n(1) Geographical position, depth of water, bottom topography and distance from coast;\n\n(2) Location in relation to breeding, spawning, nursery, feeding, or passage areas of living resources in adult or juvenile phases;\n\n(3) Location in relation to beaches and other amenity areas;\n\n(4) Types and quantities of wastes proposed to be disposed of, and proposed methods of release, including methods of packing the waste, if any;\n\n(5) Feasibility of surveillance and monitoring;\n\n(6) Dispersal, horizontal transport and vertical mixing characteristics of the area, including prevailing current direction and velocity, if any;\n\n(7) Existence and effects of current and previous discharges and dumping in the area (including cumulative effects);\n\n(8) Interference with shipping, fishing, recreation, mineral extraction, desalination, fish and shellfish culture, areas of special scientific importance and other legitimate uses of the ocean;\n\n(9) The existing water quality and ecology of the site as determined by available data or by trend assessment or baseline surveys;\n\n(10) Potentiality for the development or recruitment of nuisance species in the disposal site;\n\n(11) Existence at or in close proximity to the site of any significant natural or cultural features of historical importance.\n\n(b) The results of a disposal site evaluation and/or designation study based on the criteria stated in paragraphs (a)(1) through (11) of this section will be presented in support of the site designation promulgation as an environmental assessment of the impact of the use of the site for disposal, and will be used in preparation of environmental impact statement for each site where such a statement is required by EPA policy. \n\n By publication of a notice in accordance with this part 228, an environmental impact statement, in draft form, will be made available for public comment not later than the time of publication of the site designation as proposed rulemaking, and a final EIS will be made available at the time of final rulemaking."], ["40:40:27.0.1.3.22.0.17.7", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.7 Regulation of disposal site use.", "EPA", "", "", "", "Where necessary, disposal site use will be regulated by setting limitations on times of dumping and rates of discharge, and establishing a disposal site monitoring program."], ["40:40:27.0.1.3.22.0.17.8", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.8 Limitations on times and rates of disposal.", "EPA", "", "", "[73 FR 74987, Dec. 10, 2008]", "Limitations as to time for and rates of dumping may be stated as part of the promulgation of site designation. The times and the quantities of permitted material disposal will be regulated by the EPA management authority so that the limits for the site as specified in the site designation are not exceeded. This will be accomplished by the denial of permits for the disposal of some materials, by the imposition of appropriate conditions on other permits and, if necessary, the designation of new disposal sites under the procedures of \u00a7 228.4. In no case may the total volume of material disposed of at any site under special permits cause the concentration of the total materials or any constituent of any of the materials being disposed of at the site to exceed limits specified in the site designation."], ["40:40:27.0.1.3.22.0.17.9", 40, "Protection of Environment", "I", "H", "228", "PART 228\u2014CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING", "", "", "", "\u00a7 228.9 Disposal site monitoring.", "EPA", "", "", "", "(a) The monitoring program, if deemed necessary by the Regional Administrator or the District Engineer, as appropriate, may include baseline or trend assessment surveys by EPA, NOAA, other Federal agencies, or contractors, special studies by permittees, and the analysis and interpretation of data from remote or automatic sampling and/or sensing devices. The primary purpose of the monitoring program is to evaluate the impact of disposal on the marine environment by referencing the monitoring results to a set of baseline conditions. When disposal sites are being used on a continuing basis, such programs may consist of the following components:\n\n(1) Trend assessment surveys conducted at intervals frequent enough to assess the extent and trends of environmental impact. Until survey data or other information are adequate to show that changes in frequency or scope are necessary or desirable, trend assessment and baseline surveys should generally conform to the applicable requirements of \u00a7 228.13. These surveys shall be the responsibility of the Federal government.\n\n(2) Special studies conducted by the permittee to identify immediate and short-term impacts of disposal operations.\n\n(b) These surveys may be supplemented, where feasible and useful, by data collected from the use of automatic sampling buoys, satellites or in situ platforms, and from experimental programs.\n\n(c) EPA will require the full participation of permittees, and encourage the full participation of other Federal and State and local agencies in the development and implementation of disposal site monitoring programs. The monitoring and research programs presently supported by permittees may be incorporated into the overall monitoring program insofar as feasible."], ["49:49:4.1.1.1.22.1.15.1", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "A", "Subpart A\u2014General", "", "\u00a7 228.1 Scope.", "FRA", "", "", "[43 FR 31012, July 19, 1978, as amended at 74 FR 25345, May 27, 2009; 76 FR 50396, Aug. 12, 2011; 76 FR 67087, Oct. 31, 2011]", "This part\u2014\n\n(a) Prescribes reporting and recordkeeping requirements with respect to the hours of service of certain railroad employees and certain employees of railroad contractors and subcontractors;\n\n(b) Establishes standards and procedures concerning the construction or reconstruction of sleeping quarters;\n\n(c) Establishes minimum safety and health standards for camp cars provided by a railroad as sleeping quarters for its employees and individuals employed to maintain its rights of way; and\n\n(d) Prescribes substantive hours of service requirements for train employees engaged in commuter or intercity rail passenger transportation."], ["49:49:4.1.1.1.22.1.15.2", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "A", "Subpart A\u2014General", "", "\u00a7 228.3 Application and responsibility for compliance.", "FRA", "", "", "[76 FR 67087, Oct. 31, 2011]", "(a) Except as provided in paragraph (b) of this section, subparts B and D of this part apply to all railroads, all contractors for railroads, and all subcontractors for railroads. Except as provided in paragraph (b) of this section, subparts C and E of this part apply only to all railroads.\n\n(b) Subparts B through E of this part do not apply to:\n\n(1) A railroad, a contractor for a railroad, or a subcontractor for a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation ( i.e.,  a plant railroad as defined in \u00a7 228.5);\n\n(2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in \u00a7 228.5, except as provided in \u00a7 228.413(d)(2); or\n\n(3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation.\n\n(c) The application of subpart F of this part is set forth in \u00a7 228.401."], ["49:49:4.1.1.1.22.1.15.3", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "A", "Subpart A\u2014General", "", "\u00a7 228.5 Definitions.", "FRA", "", "", "[74 FR 25346, May 27, 2009, as amended at 76 FR 50396, Aug. 12, 2011; 76 FR 67087, Oct. 31, 2011; 83 FR 43997, Aug. 29, 2018]", "As used in this part\u2014\n\nActual time  means either the specific time of day, to the hour and minute, or the precise amount of time spent in an activity, in hours and minutes, that must be included in the hours of duty record, including, where appropriate, reference to the applicable time zone and either standard time or daylight savings time.\n\nAdministrator  means the Administrator of the Federal Railroad Administration or any person to whom the Administrator has delegated authority in the matter concerned.\n\nAdministrative duties  means any activities required by the railroad as a condition of employment, related to reporting, recording, or providing an oral or written statement related to a current, previous, or future duty tour. Such activities are considered service for the railroad, and time spent in these activities must be included in the  total time on duty  for any  duty tour  with which it may commingle.\n\nAssociate Administrator  means the Associate Administrator for Railroad Safety/Chief Safety Officer, Office of Railroad Safety, Federal Railroad Administration, or any person to whom he or she has delegated authority in the matter concerned.\n\nAt the behest of the employee  refers to time spent by an employee in a railroad-related activity that is not required by the railroad as a condition of employment, in which the employee voluntarily participates.\n\nAt the behest of the railroad  refers to time spent by an employee in a railroad-required activity that compels an employee to perform service for the railroad as a condition of employment.\n\nAutomated recordkeeping system  means a recordkeeping system that\u2014\n\n(1) An eligible smaller railroad, or a contractor or subcontractor to such a railroad, may use instead of a manual recordkeeping system or electronic recordkeeping system to create and maintain any records subpart B of this part requires; and\n\n(2) Conforms to the requirements of \u00a7 228.206.\n\nBroken (aggregate) service  means one or more periods of time on duty within a single  duty tour  separated by one or more qualifying interim releases.\n\nCall and release  occurs when an employing railroad issues an employee a  report-for-duty time,  and then releases the employee from the requirement to report prior to the  report-for-duty time.\n\nCamp car  means a trailer and/or on-track vehicle, including an outfit, camp, bunk car, or modular home mounted on a flatcar, or any other mobile vehicle or mobile structure used to house or accommodate an employee or MOW worker. An office car, inspection car, specialized maintenance equipment, or wreck train is not included.\n\nCarrier ,  common carrier , and  common carrier engaged in interstate or foreign commerce by railroad  mean  railroad.\n\nCommingled service  means\u2014\n\n(1) For a train employee or a signal employee, any non-covered service at the behest of the railroad and performed for the railroad that is not separated from  covered service  by a qualifying statutory off-duty period of 8 or 10 hours or more. Such commingled service is counted as time on duty pursuant to 49 U.S.C. 21103(b)(3) (for train employees) or 49 U.S.C. 21104(b)(2) (for signal employees).\n\n(2) For a dispatching service employee, any non-covered service mandated by the railroad and performed for the railroad within any 24-hour period containing  covered service.  Such commingled service is counted as time on duty pursuant to 49 U.S.C. 21105(c).\n\nCommuting  means\u2014\n\n(1) For a train employee, the time spent in travel\u2014\n\n(i) Between the employee's residence and the employee's  regular reporting point , and\n\n(ii) In railroad-provided or authorized transportation to and from the lodging facility at the away-from-home terminal (excluding travel for purposes of an interim release), where such time (including travel delays and room availability) does not exceed 30 minutes.\n\n(2) For a signal employee, the time spent in travel between the employee's residence and the employee's  headquarters.\n\n(3) For a dispatching service employee, the time spent in travel between the employee's residence and any reporting point.\n\nConsecutive service  is a period of unbroken  total time on duty  during a  duty tour.\n\nCovered service  means\u2014\n\n(1) For a train employee, the portion of the employee's time on duty during which the employee is engaged in, or connected with, the movement of a train.\n\n(2) For a dispatching service employee, the portion of the employee's time on duty during which the employee, by the use of an electrical or mechanical device, dispatches, reports, transmits, receives, or delivers an order related to or affecting the movement of a train.\n\n(3) For a signal employee, the portion of the employee's time on duty during which the employee is engaged in installing, repairing, or maintaining a signal system.\n\nCovered service assignment  means\u2014\n\n(1) For a train employee, each unique assignment of the employee during a period of  covered service  that is associated with either a specific train or a specific yard job.\n\n(2) For a signal employee, the assigned duty hours of the employee, including overtime, or unique trouble call assignments occurring outside the employee's assigned duty hours.\n\n(3) For a dispatching service employee, each unique assignment for the employee that occurs within any 24-hour period in which the employee, by the use of an electrical or mechanical device, dispatches, reports, transmits, receives, or delivers orders related to or affecting train movements.\n\nDeadheading  means the physical relocation of a train employee from one point to another as a result of a railroad-issued verbal or written directive.\n\nDesignated terminal  means the home or away-from-home terminal for the assignment of a particular train crew.\n\nDispatching service employee  means an operator, train dispatcher, or other train employee who by the use of an electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders related to or affecting train movements.\n\nDuty location  for a signal employee is the employee's  headquarters  or the precise location where the employee is expected to begin performing service for the railroad as defined in 49 U.S.C. 21104(b)(1) and (2).\n\nDuty tour  means\u2014\n\n(1) The total of all periods of  covered service  and  commingled service  for a train employee or a signal employee occurring between two  statutory off-duty periods  (i.e., off-duty periods of a minimum of 8 or 10 hours); or\n\n(2) The total of all periods of  covered service  and  commingled service  for a dispatching service employee occurring in any 24-hour period.\n\nElectronic recordkeeping system  means a recordkeeping system that\u2014\n\n(1) A railroad may use instead of a manual recordkeeping system or automated recordkeeping system to create and maintain any records required by subpart B of this part; and\n\n(2) Conforms to the requirements of \u00a7\u00a7 228.201-228.205.\n\nElectronic signature  means an electronic sound, symbol, or process that\u2014\n\n(1) Is attached to, or logically associated with, a contract or other record;\n\n(2) Is executed or adopted by a person with the intent to sign the record, to create either an individual's unique digital signature, or unique digitized handwritten signature; and\n\n(3) Complies with the requirements of \u00a7 228.19(g) or \u00a7 228.206(a).\n\nEligible smaller railroad  means either:\n\n(1) A railroad that reported to FRA that it had less than 400,000 employee hours during the preceding three consecutive calendar years under \u00a7 225.21(d) of this chapter on Form FRA 6180.55, Annual Railroad Reports of Employee Hours by State; or\n\n(2) A railroad operating less than 3 consecutive calendar years that reported to FRA that it had less than 400,000 employee hours during the current calendar year under \u00a7 225.21(d) of this chapter on Form FRA 6180.55, Annual Railroad Reports of Employee Hours by State.\n\nEmployee  means an individual employed by a railroad or a contractor or subcontractor to a railroad who\u2014\n\n(1) Is actually engaged in or connected with the movement of any train, including a person who performs the duties of a hostler;\n\n(2) Dispatches, reports, transmits, receives, or delivers an order pertaining to a train movement by the use of telegraph, telephone, radio, or any other electrical or mechanical device; or\n\n(3) Is engaged in installing, repairing, or maintaining a signal system.\n\nFinal release  is the time that a train employee or a signal employee is released from all activities at the behest of the railroad and begins his or her  statutory off-duty period.\n\nFRA  means the Federal Railroad Administration.\n\nHeadquarters  means the regular assigned on-duty location for signal employees, or the lodging facility or crew quarters where traveling signal gangs reside when working at various system locations.\n\nInterim release  means an off-duty period applied to train employees only, of at least 4 hours but less than the required  statutory off-duty period  at a  designated terminal,  which off-duty period temporarily suspends the accumulation of time on duty, but does not start a new  duty tour.\n\nLimbo time  means a period of time treated as neither time on duty nor time off duty in 49 U.S.C. 21103 and 21104, and any other period of service for the railroad that does not qualify as either covered service or commingled service.\n\nMOW worker  means an individual employed to inspect, install, construct, repair, or maintain track, roadbed, bridges, buildings, roadway facilities, roadway maintenance machines, electric traction systems, and right of way of a railroad.\n\nOn-duty time  means the actual time that an employee reports for duty to begin a  covered service assignment.\n\nOther-than-regular reporting point  means any location where a train employee reports to begin or restart a  duty tour,  that is not the employee's  regular reporting point.\n\nPlant railroad  means a plant or installation that owns or leases a locomotive, uses that locomotive to switch cars throughout the plant or installation, and is moving goods solely for use in the facility's own industrial processes. The plant or installation could include track immediately adjacent to the plant or installation if the plant railroad leases the track from the general system railroad and the lease provides for (and actual practice entails) the exclusive use of that trackage by the plant railroad and the general system railroad for purposes of moving only cars shipped to or from the plant. A plant or installation that operates a locomotive to switch or move cars for other entities, even if solely within the confines of the plant or installation, rather than for its own purposes or industrial processes, will not be considered a plant railroad because the performance of such activity makes the operation part of the general railroad system of transportation.\n\nPrior time off  means the  amount of time  that an employee has been off duty between identifiable periods of service  at the behest of the railroad.\n\nProgram edits  are filters contained in the logic of an hours of service recordkeeping program that detect identifiable reporting errors made by a reporting employee at the time of data entry, and prevent the employee from submitting a record without first correcting or explaining any identified errors or anomalies.\n\nQuick tie-up  is a data entry process used only when an employee is within 3 minutes of, or is beyond, his or her statutory maximum on-duty period, which process allows an employee to enter only the basic information necessary for the railroad to identify the beginning of an employee's  statutory off-duty period,  to avoid the excess service that would otherwise be incurred in completing the full record for the  duty tour.  The information permitted in a quick tie-up process is limited to, at a maximum:\n\n(1) Board placement time;\n\n(2) Relieved location, date, and time;\n\n(3) Final release location, date, and time;\n\n(4) Contact information for the employee during the statutory off-duty period;\n\n(5) Request for rest in addition to the statutory minimum, if provided by collective bargaining agreement or local practice;\n\n(6) The employee may be provided an option to enter basic payroll information, related only to the duty tour being tied up; and\n\n(7) Employee certification of the tie-up information provided.\n\nRailroad  means a person providing  railroad transportation.\n\nRailroad transportation  means any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including commuter or other short-haul rail passenger service in a metropolitan or suburban area, and high speed ground transportation systems that connect metropolitan areas, without regard to whether they use new technologies not associated with traditional railroads. Such term does not include rapid transit operations within an urban area that are not connected to the general railroad system of transportation.\n\nRegular reporting point  means the permanent on-duty location of a train employee's regular assignment that is established through a job bulletin assignment (either a job award or a forced assignment) or through an employee's exercise of seniority to be placed in an assignment. The assigned regular reporting point is a single fixed location identified by the railroad, even for extra board and pool crew employees.\n\nRelease  means\u2014\n\n(1) For a train employee,\n\n(i) The time within the  duty tour  that the employee begins an  interim release;\n\n(ii) The time that an employee completes a  covered service assignment  and begins another  covered service assignment  on a different train or job, or\n\n(iii) The time that an employee completes a  covered service assignment  to begin another activity that counts as time on duty (including waiting for deadhead transportation to another duty location at which the employee will perform  covered service,  deadheading to duty, or any other  commingled service).\n\n(2) For a signal employee, the time within a  duty tour  that the employee\u2014\n\n(i) Completes his or her regular assigned hours and begins an off-duty period of at least one hour but less than a  statutory off-duty period;  or\n\n(ii) Completes his or her return travel from a trouble call or other unscheduled duty and begins an off-duty period of at least one hour, but less than a  statutory off-duty period.\n\n(3) For a dispatching service employee, when he or she stops performing  covered service  and  commingled service  within any 24-hour period and begins an  off-duty period  of at least one hour.\n\nRelieved time  means\u2014\n\n(1) The actual time that a train employee stops performing a  covered service assignment  or  commingled service.\n\n(2) The actual time that a signal employee:\n\n(i) Completes his or her assigned duty hours, or stops performing  covered service  or  commingled service,  whichever is later; or\n\n(ii) Stops performing  covered service  associated with a trouble call or other unscheduled duty outside of normally assigned duty hours.\n\nReports for duty  means that an employee\u2014\n\n(i) Presents himself or herself at the location established by the railroad at the time the railroad established for the employee to be present; and\n\n(ii) Is ready to perform  covered service.\n\nReport-for-duty time  means\u2014\n\n(1) For a train employee, the actual time that the employee is required to be present at a  reporting point  and prepared to start a  covered service assignment.\n\n(2) For a signal employee, the assigned starting time of an employee's scheduled shift, or the time that he or she receives a trouble call or a call for any other unscheduled duty during an off-duty period.\n\n(3) For a dispatching service employee, when the employee begins the turn-over process at or before the beginning of his or her assigned shift, or begins any other activity at the behest of the railroad during any 24-hour period in which covered service is performed.\n\nReporting point  means any location where an employee is required to begin  or restart a  duty tour.\n\nSeniority move  means a repositioning  at the behest of the employee,  usually a repositioning from a regular assignment or extra board to a different regularly assigned position or extra board, as the result of the employee's selection of a bulletin assignment or the employee's exercise of seniority over a junior employee.\n\nSignal employee  means an individual who is engaged in installing, repairing, or maintaining signal systems.\n\nStation, office or tower  means the precise location where a dispatching service employee is expected to perform service for the railroad as defined in 49 U.S.C. 21105(b) and (c).\n\nStatutory off-duty period  means the period of 8 or 10 consecutive hours or more time, that is the minimum off-duty period required under the hours of service laws for a train employee or a signal employee to begin a new 24-hour period for the purposes of calculating his or her  total time on duty.\n\nTotal off-duty period  means the actual amount of time that a train employee or a signal employee is off duty between duty tours after the previous final release and before the beginning of the next duty tour. This time may differ from the expected prior time off that will be generated by the recordkeeping system, if the employee performed service at the behest of the railroad between the duty tours.\n\nTotal time on duty (TTOD)  means the total accumulation of time spent in periods of  covered service  and  commingled service  between qualifying  statutory off-duty periods  of 8 or 10 hours or more. Mandatory activities that do not constitute  covered service,  such as rules classes, when they may not attach to  covered service,  are counted as  limbo time,  rather than  commingled service,  which limbo time is not counted toward the calculation of  total time on duty.\n\nTourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation  means a tourist, scenic, historic, or excursion operation conducted only on track used exclusively for that purpose ( i.e.,  there is no freight, intercity passenger, or commuter passenger railroad operation on the track).\n\nTrain employee  means an individual engaged in or connected with the movement of a train, including a hostler.\n\nTravel time  means\u2014\n\n(1) For a signal employee, the time spent in transportation between the employee's  headquarters  and an outlying duty point or between the employee's residence and an outlying duty point, or, between duty locations, including both on-track and on-highway vehicular travel.\n\n(2) For a dispatching service employee, the time spent in travel between  stations, offices, or towers  during the employee's time on duty.\n\nType 1 assignment  means an assignment to be worked by a train employee who is engaged in commuter or intercity rail passenger transportation that requires the employee to report for duty no earlier than 4 a.m. on a calendar day and be released from duty no later than 8 p.m. on the same calendar day, and that complies with the provisions of \u00a7 228.405. For the purposes of this part, FRA considers a Type 1 assignment to present an acceptable level of risk for fatigue that does not violate the defined fatigue threshold under a scientifically valid, biomathematical model of human performance and fatigue specified by FRA at \u00a7 228.407(c)(1) or approved by FRA under the procedures at \u00a7 228.407(c)(2). However, a Type 1 assignment that is delayed such that the schedule actually worked includes any period of time between midnight and 4 a.m. is considered a Type 2 assignment for the purposes of compliance with \u00a7 228.405.\n\nType 2 assignment.  (1)  Type 2 assignment  means an assignment to be worked by a train employee who is engaged in commuter or intercity rail passenger transportation that requires the employee to be on duty for any period of time between 8:01 p.m. on a calendar day and 3:59 a.m. on the next calendar day, or that otherwise fails to qualify as a Type 1 assignment. A Type 2 assignment is considered a Type 1 assignment if\u2014\n\n(i) It does not violate the defined fatigue threshold under a scientifically valid biomathematical model of human performance and fatigue specified by FRA at 228.407(c)(2) or approved by FRA under the procedures at \u00a7 228.407(c)(1);\n\n(ii) It complies with the provisions of \u00a7 228.405; and\n\n(iii) It does not require the employee to be on duty for any period of time between midnight and 4 a.m.\n\n(2) If a Type 2 assignment that would normally qualify to be treated as a Type 1 assignment is delayed so that the schedule actually worked includes any period of time between midnight and 4 a.m., the assignment is considered a Type 2 assignment for the purposes of compliance with \u00a7 228.405."], ["49:49:4.1.1.1.22.1.15.4", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "A", "Subpart A\u2014General", "", "\u00a7 228.6 Penalties.", "FRA", "", "", "[76 FR 67087, Oct. 31, 2011, as amended at 77 FR 26704, May 7, 2012; 81 FR 43110, July 1, 2016; 82 FR 16134, Apr. 3, 2017; 83 FR 60748, Nov. 27, 2018; 84 FR 23735, May 23, 2019; 84 FR 37074, July 31, 2019; 86 FR 1758, Jan. 11, 2021; 86 FR 23254, May 3, 2021; 87 FR 15868, Mar. 21, 2022; 88 FR 1127, Jan. 6, 2023; 88 FR 89563, Dec. 28, 2023; 89 FR 106296, Dec. 30, 2024; 90 FR 28163, July 1, 2025]", "(a)  Civil penalties.  Any person (an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor) who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where:\n\n(1) a grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or\n\n(2) a death or injury has occurred. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. See FRA's website at  https://railroads.dot.gov/  for a statement of agency civil penalty policy. Violations of the hours of service laws themselves ( e.g.,  requiring an employee to work excessive hours or beginning construction of sleeping quarters subject to approval under subpart C of this part without prior approval) are subject to penalty under 49 U.S.C. 21303.\n\n(b)  Criminal penalties.  Any person who knowingly and willfully falsifies a report or record required to be kept under this part or otherwise knowingly and willfully violates any requirement of this part may be liable for criminal penalties of a fine under title 18 of the U.S. Code, imprisonment for up to two years, or both, in accordance with 49 U.S.C. 21311(a)."], ["49:49:4.1.1.1.22.2.15.1", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.7 Hours of duty.", "FRA", "", "", "[37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978]", "(a) For purposes of this part, time on duty of an employee actually engaged in or connected with the movement of any train, including a hostler, begins when he reports for duty and ends when he is finally released from duty, and includes\u2014\n\n(1) Time engaged in or connected with the movement of any train;\n\n(2) Any interim period available for rest at a location that is not a designated terminal;\n\n(3) Any interim period of less than 4 hours available for rest at a designated terminal;\n\n(4) Time spent in deadhead transportation en route to a duty assignment; and\n\n(5) Time engaged in any other service for the carrier.\n\nTime spent in deadhead transportation by an employee returning from duty to his point of final release may not be counted in computing time off duty or time on duty.\n\n(b) For purposes of this part, time on duty of an employee who dispatches, reports, transmits, receives, or delivers orders pertaining to train movements by use of telegraph, telephone, radio, or any other electrical or mechanical device includes all time on duty in other service performed for the common carrier during the 24-hour period involved.\n\n(c) For purposes of this part, time on duty of an employee who is engaged in installing, repairing or maintaining signal systems includes all time on duty in other service performed for a common carrier during the 24-hour period involved."], ["49:49:4.1.1.1.22.2.15.2", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.9 Manual, electronic, and automated records; general.", "FRA", "", "", "[74 FR 25348, May 27, 2009, as amended at 83 FR 43998, Aug. 29, 2018]", "(a)  Manual records.  Each manual record maintained under this part shall be\u2014\n\n(1) Signed by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, signed by the ranking crewmember;\n\n(2) Retained for two years at locations identified by the carrier; and\n\n(3) Available upon request at the identified location for inspection and copying by the Administrator during regular business hours.\n\n(b)  Electronic records.  Each electronic record maintained under this part shall be\u2014\n\n(1) Certified by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, certified by the reporting employee who is a member of the train crew or signal gang whose time is being recorded;\n\n(2) Electronically stamped with the certifying employee's name and the date and time of certification;\n\n(3) Retained for 2 years in a secured file that prevents alteration after certification;\n\n(4) Accessible by the Administrator through a computer terminal of the railroad, using a railroad-provided identification code and a unique password.\n\n(5) Reproducible using the printing capability at the location where records are accessed.\n\n(c)  Automated records.  Each automated record maintained under this part shall be\u2014\n\n(1) Signed electronically by the employee whose time on duty is being recorded or, in the case of a member of a train crew or a signal employee gang, digitally signed by the reporting employee who is a member of the train crew or signal gang whose time is being recorded as provided by \u00a7 228.206(a);\n\n(2) Stamped electronically with the certifying employee's electronic signature and the date and time the employee electronically signed the record;\n\n(3) Retained for 2 years in a secured file that prevents alteration after electronic signature;\n\n(4) Accessible by the Administrator through a computer terminal of the railroad; and\n\n(5) Reproducible using printers at the location where records are accessed."], ["49:49:4.1.1.1.22.2.15.3", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.11 Hours of duty records.", "FRA", "", "", "[74 FR 25348, May 27, 2009, as amended at 76 FR 50397, Aug. 12, 2011; 83 FR 43998, Aug. 29, 2018]", "(a)  In general.  Each railroad, or a contractor or a subcontractor of a railroad, shall keep a record of the hours of duty of each employee. Each contractor or subcontractor of a railroad shall also record the name of the railroad for whom its employee performed covered service during the duty tour covered by the record. Employees who perform covered service assignments in a single duty tour that are subject to the recordkeeping requirements of more than one paragraph of this section, must complete the record applicable to the covered service position for which they were called, and record other covered service as an activity constituting other service at the behest of the railroad.\n\n(b)  For train employees.  Except as provided by paragraph (c) of this section, each hours of duty record for a train employee shall include the following information about the employee:\n\n(1) Identification of the employee (initials and last name; or if last name is not the employee's surname, provide the employee's initials and surname).\n\n(2) Each covered service position in a duty tour.\n\n(3) Amount of time off duty before beginning a new covered service assignment or resuming a duty tour.\n\n(4) Train ID for each assignment required to be reported by this part, except for the following employees, who may instead report the unique job or train ID identifying their assignment:\n\n(i) Utility employees assigned to perform covered service, who are identified as such by a unique job or train ID;\n\n(ii) Employees assigned to yard jobs, except that employees assigned to perform yard jobs on all or parts of consecutive shifts must at least report the yard assignment for each shift;\n\n(iii) Assignments, either regular or extra, that are specifically established to shuttle trains into and out of a terminal during a single duty tour that are identified by a unique job or train symbol as such an assignment.\n\n(5) Location, date, and beginning time of the first assignment in a duty tour, and, if the duty tour exceeds 12 hours and includes a qualifying period of interim release as provided by 49 U.S.C. 21103(b), the location, date, and beginning time of the assignment immediately following the interim release.\n\n(6) Location, date, and time relieved for the last assignment in a duty tour, and, if the duty tour exceeds 12 hours and includes a qualifying period of interim release as provided by 49 U.S.C. 21103(b), the location, date, and time relieved for the assignment immediately preceding the interim release.\n\n(7) Location, date, and time released from the last assignment in a duty tour, and, if the duty tour exceeds 12 hours and includes a qualifying period of interim release as provided by 49 U.S.C. 21103(b), the location, date, and time released from the assignment immediately preceding the interim release.\n\n(8) Beginning and ending location, date, and time for periods spent in transportation, other than personal commuting, if any, to the first assignment in a duty tour, from an assignment to the location of a period of interim release, from a period of interim release to the next assignment, or from the last assignment in a duty tour to the point of final release, including the mode of transportation (train, track car, railroad-provided motor vehicle, personal automobile, etc.).\n\n(9) Beginning and ending location, date, and time of any other service performed at the behest of the railroad.\n\n(10) Identification (code) of service type for any other service performed at the behest of the railroad.\n\n(11) Total time on duty for the duty tour.\n\n(12) Reason for any service that exceeds 12 hours total time on duty for the duty tour.\n\n(13) The total amount of time by which the sum of total time on duty and time spent awaiting or in deadhead transportation to the point of final release exceeds 12 hours.\n\n(14) The cumulative total for the calendar month of\u2014\n\n(i) Time spent in covered service;\n\n(ii) Time spent awaiting or in deadhead transportation from a duty assignment to the place of final release; and\n\n(iii) Time spent in any other service at the behest of the railroad.\n\n(15) The cumulative total for the calendar month of time spent awaiting or in deadhead transportation from a duty assignment to the place of final release following a period of 12 consecutive hours on duty.\n\n(16) Number of consecutive days in which a period of time on duty was initiated.\n\n(c)  Exceptions to requirements for train employees.  Paragraphs (b)(13) through (b)(16) of this section do not apply to the hours of duty records of train employees providing commuter rail passenger transportation or intercity rail passenger transportation. In addition to the information required by paragraphs (b)(1) through (b)(12) of this section, each hours of duty record for a train employee providing commuter rail passenger transportation or intercity rail passenger transportation shall include the following information:\n\n(1) For train employees providing commuter rail passenger transportation or intercity rail passenger transportation, the date on which the series of at most 14 consecutive calendar days began for the duty tour.\n\n(2) For train employees providing commuter rail passenger transportation or intercity rail passenger transportation, any date prior to the duty tour and during the series of at most 14 consecutive calendar days on which the employee did not initiate an on-duty period, if any.\n\n(d)  For dispatching service employees.  Each hours of duty record for a dispatching service employee shall include the following information about the employee:\n\n(1) Identification of the employee (initials and last name; or if last name is not the employee's surname, provide the employee's initials and surname).\n\n(2) Each covered service position in a duty tour.\n\n(3) Amount of time off duty before going on duty or returning to duty in a duty tour.\n\n(4) Location, date, and beginning time of each assignment in a duty tour.\n\n(5) Location, date, and time released from each assignment in a duty tour.\n\n(6) Beginning and ending location, date, and time of any other service performed at the behest of the railroad.\n\n(7) Total time on duty for the duty tour.\n\n(e)  For signal employees.  Each hours of duty record for a signal employee shall include the following information about the employee:\n\n(1) Identification of the employee (initials and last name; or if last name is not the employee's surname, provide the employee's initials and surname).\n\n(2) Each covered service position in a duty tour.\n\n(3) Headquarters location for the employee.\n\n(4) Amount of time off duty before going on duty or resuming a duty tour.\n\n(5) Location, date, and beginning time of each covered service assignment in a duty tour.\n\n(6) Location, date, and time relieved for each covered service assignment in a duty tour.\n\n(7) Location, date, and time released from each covered service assignment in a duty tour.\n\n(8) Beginning and ending location, date, and time for periods spent in transportation, other than personal commuting, to or from a duty assignment, and mode of transportation (train, track car, railroad-provided motor vehicle, personal automobile, etc.).\n\n(9) Beginning and ending location, date, and time of any other service performed at the behest of the railroad.\n\n(10) Total time on duty for the duty tour.\n\n(11) Reason for any service that exceeds 12 hours total time on duty for the duty tour."], ["49:49:4.1.1.1.22.2.15.4", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.13 [Reserved]", "FRA", "", "", "", ""], ["49:49:4.1.1.1.22.2.15.5", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.17 Dispatcher's record of train movements.", "FRA", "", "", "[37 FR 12234, June 21, 1972, as amended at 90 FR 28162, July 1, 2025]", "(a) Each carrier shall keep, for each dispatching district, a record of train movements made under the direction and control of a dispatcher who uses telephone, radio, or any other electrical or mechanical device to dispatch, report, transmit, receive, or deliver orders pertaining to train movements. The following information shall be included in the record:\n\n(1) Identification of timetable in effect.\n\n(2) Location and date.\n\n(3) Identification of dispatchers and their times on duty.\n\n(4) Identification of enginemen and conductors and their times on duty.\n\n(5) Identification of trains and engines.\n\n(6) Station names and office designations.\n\n(7) Distances between stations.\n\n(8) Direction of movement and the time each train passes all reporting stations.\n\n(9) Arrival and departure times of trains at all reporting stations.\n\n(10) Unusual events affecting movement of trains and identification of trains affected.\n\n(b) [Reserved]"], ["49:49:4.1.1.1.22.2.15.6", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.19 Monthly reports of excess service.", "FRA", "", "", "[74 FR 25349, May 27, 2009, as amended at 76 FR 50397, Aug. 12, 2011]", "(a)  In general.  Except as provided in paragraph (h) of this section, each railroad, or a contractor or a subcontractor of a railroad, shall report to the Associate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad Administration, Washington, DC 20590, each instance of excess service listed in paragraphs (b) through (e) of this section, in the manner provided by paragraph (f) of this section, within 30 days after the calendar month in which the instance occurs.\n\n(b)  For train employees.  Except as provided in paragraph (c) of this section, the following instances of excess service by train employees must be reported to FRA as required by this section:\n\n(1) A train employee is on duty for more than 12 consecutive hours.\n\n(2) A train employee continues on duty without at least 10 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 10 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported.\n 1\n\n(3) A train employee returns to duty without at least 10 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 10 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported.\n 1\n\n1  Instances involving duty tours that are broken by four or more consecutive hours of off duty time at a designated terminal which duty tours do not constitute more than a total of 12 hours time on duty are not required to be reported, provided such duty tours are immediately preceded by 10 or more consecutive hours of off-duty time.\n\n(4) A train employee returns to duty without additional time off duty, equal to the total amount of time by which the employee's sum of total time on duty and time spent awaiting or in deadhead transportation to the point of final release exceeds 12 hours.\n\n(5) A train employee exceeds a cumulative total of 276 hours in the following activities in a calendar month:\n\n(i) Time spent in covered service;\n\n(ii) Time spent awaiting or in deadhead transportation from a duty assignment to the place of final release; and\n\n(iii) Time spent in any other service at the behest of the railroad.\n\n(6) A train employee initiates an on-duty period on more than 6 consecutive days, when the on-duty period on the sixth consecutive day ended at the employee's home terminal, and the seventh consecutive day is not allowed pursuant to a collective bargaining agreement or pilot project.\n\n(7) A train employee returns to duty after initiating an on-duty period on 6 consecutive days, without 48 consecutive hours off duty at the employee's home terminal.\n\n(8) A train employee initiates an on-duty period on more than 7 consecutive days.\n\n(9) A train employee returns to duty after initiating an on-duty period on 7 consecutive days, without 72 consecutive hours off duty at the employee's home terminal.\n\n(10) A train employee exceeds the following limitations on time spent awaiting or in deadhead transportation from a duty assignment to the place of final release following a period of 12 consecutive hours on duty:\n\n(i) 40 hours in any calendar month completed prior to October 1, 2009;\n\n(ii) 20 hours in the transition period from October 1, 2009-October 15, 2009;\n\n(iii) 15 hours in the transition period from October 16, 2009-October 31, 2009; and\n\n(iv) 30 hours in any calendar month completed after October 31, 2009.\n\n(c)  Exception to requirements for train employees.  For train employees who provide commuter rail passenger transportation or intercity rail passenger transportation during a duty tour, the following instances of excess service must be reported to FRA as required by this section:\n\n(1) A train employee is on duty for more than 12 consecutive hours.\n\n(2) A train employee returns to duty after 12 consecutive hours of service without at least 10 consecutive hours off duty.\n\n(3) A train employee continues on duty without at least 8 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 8 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported.\n 2\n\n(4) A train employee returns to duty without at least 8 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 8 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported.\n 2\n\n2  Instances involving duty tours that are broken by four or more consecutive hours of off-duty time at a designated terminal which duty tours do not constitute more than a total of 12 hours time on duty are not required to be reported, provided such duty tours are immediately preceded by 8 or more consecutive hours of off-duty time.\n\n(5) A train employee, after first initiating an on-duty period each day for 6 or more consecutive calendar days including one or more Type 2 assignments, the last on-duty period of which ended at the employee's home terminal, initiates an on-duty period without having had 24 consecutive hours off duty at the employee's home terminal.\n\n(6) A train employee, after first initiating an on-duty period each day for 6 or more consecutive days including one or more Type 2 assignments, initiates two or more on-duty periods without having had 24 consecutive hours off duty at the employee's home terminal.\n\n(7) A train employee, after initiating on-duty periods on 13 or more calendar days during a series of at most 14 consecutive calendar days as defined in \u00a7 228.405(a)(3)(i), the last of which ended at the employee's home terminal, then initiates an on-duty period without having had at least two consecutive calendar days off duty at the employee's home terminal.\n\n(8) A train employee, after initiating an on-duty periods on 13 or more calendar days during a series of at most 14 consecutive calendar days as defined in \u00a7 228.405(a)(3)(i), then initiates two or more on-duty periods without having had at least two consecutive calendar days off duty at the employee's home terminal.\n\n(d)  For dispatching service employees.  The following instances of excess service by dispatching service employees must be reported to FRA as required by this section:\n\n(1) A dispatching service employee is on duty for more than 9 hours in any 24-hour period at an office where two or more shifts are employed.\n\n(2) A dispatching service employee is on duty for more than 12 hours in any 24-hour period at any office where one shift is employed.\n\n(e)  For signal employees.  The following instances of excess service by signal employees must be reported to FRA as required by this section:\n\n(1) A signal employee is on duty for more than 12 consecutive hours.\n\n(2) A signal employee continues on duty without at least 10 consecutive hours off duty during the preceding 24 hours.\n\n(3) A signal employee returns to duty without at least 10 consecutive hours off duty during the preceding 24 hours.\n\n(f) Except as provided in paragraph (h) of this section, reports required by paragraphs (b) through (e) of this section shall be filed in writing on FRA Form F-6180-3 \n 3 \n   with the Office of Railroad Safety, Federal Railroad Administration, Washington, DC 20590. A separate form shall be used for each instance reported.\n\n3  Form may be obtained from the Office of Railroad Safety, Federal Railroad Administration, Washington, DC 20590. Reproduction is authorized.\n\n(g)  Use of electronic signature.  For the purpose of complying with paragraph (f) of this section, the signature required on Form FRA F-6180-3 may be provided to FRA by means of an electronic signature provided that:\n\n(1) The record contains the printed name of the signer and the date and actual time that the signature was executed, and the meaning (such as authorship, review, or approval), associated with the signature;\n\n(2) Each electronic signature shall be unique to one individual and shall not be used by, or assigned to, anyone else;\n\n(3) Before a railroad, or a contractor or subcontractor to a railroad, establishes, assigns, certifies, or otherwise sanctions an individual's electronic signature, or any element of such electronic signature, the organization shall verify the identity of the individual;\n\n(4) Persons using electronic signatures shall, prior to or at the time of such use, certify to the agency that the electronic signatures in their system, used on or after the effective date of this regulation, are the legally binding equivalent of traditional handwritten signatures;\n\n(5) The certification shall be submitted, in paper form and signed with a traditional handwritten signature, to the Associate Administrator for Railroad Safety/Chief Safety Officer; and\n\n(6) Persons using electronic signatures shall, upon agency request, provide additional certification or testimony that a specific electronic signature is the legally binding equivalent of the signer's handwritten signature.\n\n(h)  Exception.  A railroad, or a contractor or subcontractor to a railroad, is excused from the requirements of paragraphs (a) and (f) of this section as to any employees for which\u2014\n\n(1) The railroad, or a contractor or subcontractor to a railroad, maintains hours of service records using an electronic recordkeeping system that complies with the requirements of subpart D of this part; and\n\n(2) The electronic recordkeeping system referred to in paragraph (h)(1) of this section requires\u2014\n\n(i) The employee to enter an explanation for any excess service certified by the employee; and\n\n(ii) The railroad, or a contractor or subcontractor of a railroad, to analyze each instance of excess service certified by one of its employees, make a determination as to whether each instance of excess service would be reportable under the provisions of paragraphs (b) through (e) of this section, and allows the railroad, or a contractor or subcontractor to a railroad, to append its analysis to its employee's electronic record; and\n\n(iii) Allows FRA inspectors and State inspectors participating under 49 CFR part 212 access to employee reports of excess service and any explanations provided."], ["49:49:4.1.1.1.22.2.15.7", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.21 [Reserved]", "FRA", "", "", "", ""], ["49:49:4.1.1.1.22.2.15.8", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "B", "Subpart B\u2014Records and Reporting", "", "\u00a7 228.23 [Reserved]", "FRA", "", "", "", ""], ["49:49:4.1.1.1.22.3.15.1", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "C", "Subpart C\u2014Construction of Railroad-Provided Sleeping Quarters", "", "\u00a7 228.101 Distance requirement for employee sleeping quarters; definitions used in this subpart.", "FRA", "", "", "[43 FR 31012, July 19, 1978, as amended at 76 FR 67088, Oct. 31, 2011]", "(a) The Hours of Service Act, as amended (45 U.S.C. 61-64b), makes it unlawful for any common carrier engaged in interstate or foreign commerce by railroad to begin, on or after July 8, 1976, the construction or reconstruction of sleeping quarters for employees who perform duties covered by the act \u201cwithin or in the immediate vicinity (as determined in accordance with rules prescribed by the Secretary of Transportation) of any area where railroad switching or humping operations are performed.\u201d 45 U.S.C. 62(a)(4). This subpart sets forth (1) a general definition of \u201cimmediate vicinity\u201d (\u00a7 228.101(b)), (2) procedures under which a carrier may request a determination by the Federal Railroad Administration that a particular proposed site is not within the \u201cimmediate vicinity\u201d of railroad switching or humping operations (\u00a7\u00a7 228.103 and 228.105), and (3) the basic criteria utilized in evaluating proposed sites (\u00a7 228.107).\n\n(b) Except as determined in accordance with the provisions of this subpart, the \u2019immediate vicinity\u2018 shall mean the area within one-half mile (2,640 feet) (804 meters) of switching or humping operations as measured from the nearest rail of the nearest trackage where switching or humping operations are performed to the point on the site where the carrier proposes to construct or reconstruct the exterior wall of the structure, or portion of such wall, which is closest to such operations.\n\n(c) As used in this subpart\u2014\n\n(1)  Construction  shall refer to the\u2014\n\n(i) Creation of a new facility;\n\n(ii) Expansion of an existing facility;\n\n(iii) Placement of a mobile or modular facility; or\n\n(iv) Acquisition and use of an existing building.\n\n(2)  Reconstruction  shall refer to the\u2014\n\n(i) Replacement of an existing facility with a new facility on the same site; or\n\n(ii) Rehabilitation or improvement of an existing facility (normal periodic maintenance excepted) involving the expenditure of an amount representing more than 50 percent of the cost of replacing such facility on the same site at the time the work of rehabilitation or improvement began, the replacement cost to be estimated on the basis of contemporary construction methods and materials.\n\n(3)  Switching or humping operations  includes the classification of placarded railroad cars according to commodity or destination, assembling of placarded cars for train movements, changing the position of placarded cars for purposes of loading, unloading, or weighing, and the placing of placarded cars for repair. However, the term does not include the moving of rail equipment in connection with work service, the moving of a train or part of a train within yard limits by a road locomotive or placing locomotives or cars in a train or removing them from a train by a road locomotive while en route to the train's destination. The term does include operations within this definition which are conducted by any railroad; it is not limited to the operations of the carrier contemplating construction or reconstruction of railroad employee sleeping quarters.\n\n(4)  Placarded car  shall mean a railroad car required to be placarded by the Department of Transportation hazardous materials regulations (49 CFR 172.504).\n\n(5) The term  L eq  (8) shall mean the equivalent steady state sound level which in 8 hours would contain the same acoustic energy as the time-varying sound level during the same time period."], ["49:49:4.1.1.1.22.3.15.2", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "C", "Subpart C\u2014Construction of Railroad-Provided Sleeping Quarters", "", "\u00a7 228.102 Distance requirement for camp cars provided as sleeping quarters exclusively to MOW workers.", "FRA", "", "", "[76 FR 67088, Oct. 31, 2011]", "(a) The hours of service laws at 49 U.S.C. 21106(b) provide that a railroad that uses camp cars must comply with 49 U.S.C. 21106(a) no later than December 31, 2009. Accordingly, on or after December 31, 2009, a railroad shall not begin construction or reconstruction of a camp car provided by the railroad as sleeping quarters exclusively for MOW workers within or in the immediate vicinity of any area where railroad switching or humping of placarded cars is performed.\n\n(b) This subpart includes definitions of most of the relevant terms (\u00a7 228.101(b) and (c)), the procedures under which a railroad may request a determination by the Federal Railroad Administration that a particular proposed site for the camp car is not within the \u201cimmediate vicinity\u201d of railroad switching or humping operations (\u00a7\u00a7 228.103 and 228.105), and the basic criteria utilized in evaluating proposed sites.  See  \u00a7 228.5 for definitions of other terms. For purposes of this \u00a7 228.102, references to \u201cemployees\u201d in \u00a7\u00a7 228.103 through 228.107 shall be read to include MOW workers."], ["49:49:4.1.1.1.22.3.15.3", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "C", "Subpart C\u2014Construction of Railroad-Provided Sleeping Quarters", "", "\u00a7 228.103 Approval procedure: construction within one-half mile (2,640 feet) (804 meters).", "FRA", "", "", "[43 FR 31012, July 19, 1978, as amended at 74 FR 25173, May 27, 2009]", "(a) A common carrier that has developed plans for the construction or reconstruction of sleeping quarters subject to this subpart and which is considering a site less than one-half mile (2,640 feet) (804 meters) from any area where switching or humping operations are performed, measured from the nearest rail of the nearest trackage utilized on a regular or intermittent basis for switching or humping operations to the point on the site where the carrier proposes to construct or reconstruct the exterior wall of the structure, or portion of such wall, which is closest to such operations, must obtain the approval of the Federal Railroad Administration before commencing construction or reconstruction on that site. Approval may be requested by filing a petition conforming to the requirements of this subpart.\n\n(b) A carrier is deemed to have conducted switching or humping operations on particular trackage within the meaning of this subpart if placarded cars are subjected to the operations described in \u00a7 228.101(c)(3) within the 365-day period immediately preceding the date construction or reconstruction is commenced or if such operations are to be permitted on such trackage after such date. If the carrier does not have reliable records concerning the traffic handled on the trackage within the specified period, it shall be presumed that switching of placarded cars is conducted at the location and construction or reconstruction of sleeping quarters within one-half mile shall be subject to the approval procedures of this subpart.\n\n(c) A petition shall be filed in accordance with the requirements of \u00a7 211.7(b)(1) of this chapter and shall contain the following:\n\n(1) A brief description of the type of construction planned, including materials to be employed, means of egress from the quarters, and actual and projected exterior noise levels and projected interior noise levels;\n\n(2) The number of employees expected to utilize the quarters at full capacity;\n\n(3) A brief description of the site, including:\n\n(i) Distance from trackage where switching or humping operations are performed, specifying distances from particular functions such as classification, repair, assembling of trains from large groups of cars, etc. cetera;\n\n(ii) Topography within a general area consisting of the site and all of the rail facilities close to the site;\n\n(iii) Location of other physical improvements situated between the site and areas where railroad operations are conducted;\n\n(4) A blueprint or other drawing showing the relationship of the site to trackage and other planned and existing facilities;\n\n(5) The proposed or estimated date for commencement of construction;\n\n(6) A description of the average number and variety of rail operations in the areas within one-half mile (2,640 feet) (804 meters) of the site (e.g., number of cars classified in 24-hour period; number of train movements);\n\n(7) An estimate of the average daily number of placarded rail cars transporting hazardous materials through the railroad facility (where practicable, based on a 365-day period sample, that period not having ended more than 120 days prior to the date of filing the petition), specifying the\u2014\n\n(i) Number of such cars transporting class A explosives and poison gases; and\n\n(ii) Number of DOT Specification 112A and 114A tank cars transporting flammable gas subject to FRA emergency order No. 5;\n\n(8) A statement certified by a corporate officer of the carrier possessing authority over the subject matter explaining any plans of that carrier for utilization of existing trackage, or for the construction of new trackage, which may impact on the location of switching or humping operations within one-half mile of the proposed site (if there are no plans, the carrier official must so certify); and\n\n(9) Any further information which is necessary for evaluation of the site.\n\n(d) A petition filed under this section must contain a statement that the petition has been served on the recognized representatives of the railroad employees who will be utilizing the proposed sleeping quarters, together with a list of the employee representatives served."], ["49:49:4.1.1.1.22.3.15.4", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "C", "Subpart C\u2014Construction of Railroad-Provided Sleeping Quarters", "", "\u00a7 228.105 Additional requirements; construction within one-third mile (1,760 feet) (536 meters) of certain switching.", "FRA", "", "", "", "(a) In addition to providing the information specified by \u00a7 228.103, a carrier seeking approval of a site located within one-third mile (1,760 feet) (536 meters) of any area where railroad switching or humping operations are performed involving any cars required to be placarded \u201cEXPLOSIVES A\u201d or \u201cPOISON GAS\u201d or any DOT Specification 112A or 114A tank cars transporting flammable gas subject to FRA emergency order No. 5 shall establish by a supplementary statement certified by a corporate officer possessing authority over the subject matter that\u2014\n\n(1) No feasible alternate site located at or beyond one-third mile from switching or humping operations is either presently available to the railroad or is obtainable within 3 miles (15,840 feet) (4,827 meters) of the reporting point for the employees who are to be housed in the sleeping quarters;\n\n(2) Natural or other barriers exist or will be created prior to occupancy of the proposed facility between the proposed site and any areas in which switching or humping operations are performed which will be adequate to shield the facility from the direct and severe effects of a hazardous materials accident/incident arising in an area of switching or humping operations;\n\n(3) The topography of the property is such as most likely to cause any hazardous materials unintentionally released during switching or humping to flow away from the proposed site; and\n\n(4) Precautions for ensuring employee safety from toxic gases or explosions such as employee training and evacuation plans, availability of appropriate respiratory protection, and measures for fire protection, have been considered.\n\n(b) In the absence of reliable records concerning traffic handled on trackage within the one-third mile area, it shall be presumed that the types of cars enumerated in paragraph (a) of this section are switched on that trackage; and the additional requirements of this section shall be met by the petitioning carrier, unless the carrier establishes that the switching of the enumerated cars will be effectively barred from the trackage if the petition is approved."], ["49:49:4.1.1.1.22.3.15.5", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "C", "Subpart C\u2014Construction of Railroad-Provided Sleeping Quarters", "", "\u00a7 228.107 Action on petition.", "FRA", "", "", "", "(a) Each petition for approval filed under \u00a7 228.103 is referred to the Railroad Safety Board for action in accordance with the provisions of part 211, title 49, CFR, concerning the processing of requests for special approvals.\n\n(b) In considering a petition for approval filed under this subpart, the Railroad Safety Board evaluates the material factors bearing on\u2014\n\n(1) The safety of employees utilizing the proposed facility in the event of a hazardous materials accident/incident and in light of other relevant safety factors; and\n\n(2) Interior noise levels in the facility.\n\n(c) The Railroad Safety Board will not approve an application submitted under this subpart if it appears from the available information that the proposed sleeping quarters will be so situated and constructed as to permit interior noise levels due to noise under the control of the railroad to exceed an L eq (8) value of 55dB(A). If individual air conditioning and heating systems are to be utilized, projections may relate to noise levels with such units turned off.\n\n(d) Approval of a petition filed under this subpart may be withdrawn or modified at any time if it is ascertained, after opportunity for a hearing, that any representation of fact or intent made by a carrier in materials submitted in support of a petition was not accurate or truthful at the time such representation was made."], ["49:49:4.1.1.1.22.4.15.1", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "D", "Subpart D\u2014Electronic Recordkeeping System and Automated Recordkeeping System", "", "\u00a7 228.201 Electronic recordkeeping system and automated recordkeeping system; general.", "FRA", "", "", "[74 FR 25350, May 27, 2009, as amended at 83 FR 43998, Aug. 29, 2018; 83 FR 46885, Sept. 17, 2018]", "(a)  Electronic recordkeeping system.  For purposes of compliance with the recordkeeping requirements of subpart B, a railroad, or a contractor or a subcontractor to a railroad may create and maintain any of the records required by subpart B through electronic transmission, storage, and retrieval provided that all of the following conditions are met:\n\n(1) The system used to generate the electronic record meets all requirements of this paragraph (a) of this section and all requirements of \u00a7\u00a7 228.203 and 228.205;\n\n(2) The electronically generated record contains the information required by \u00a7 228.11;\n\n(3) The railroad, or contractor or subcontractor to the railroad, monitors its electronic database of employee hours of duty records through a sufficient number of monitoring indicators to ensure a high degree of accuracy of these records;\n\n(4) The railroad, or contractor or subcontractor to the railroad, trains its affected employees on the proper use of the electronic recordkeeping system to enter the information necessary to create their hours of service record, as required by \u00a7 228.207;\n\n(5) The railroad, or contractor or subcontractor to the railroad, maintains an information technology security program adequate to ensure the integrity of the system, including the prevention of unauthorized access to the program logic or individual records; and\n\n(6) FRA's Associate Administrator for Railroad Safety/Chief Safety Officer may prohibit or revoke the authority to use an electronic system if FRA finds the system is not properly secure, is inaccessible to FRA, or fails to record and store the information adequately and accurately. FRA will record such a determination in writing, including the basis for such action, and will provide a copy of its determination to the affected railroad, or contractor or subcontractor to a railroad.\n\n(b)  Automated recordkeeping system.  For purposes of compliance with the recordkeeping requirements of subpart B of this part, an eligible smaller railroad, or a contractor or a subcontractor that provides covered service employees to such a railroad, may create and maintain any of the records required by subpart B using an automated recordkeeping system if all of the following conditions are met:\n\n(1) The automated recordkeeping system meets all requirements of paragraph (b) of this section and all requirements of \u00a7 228.206; and\n\n(2) The eligible smaller railroad or its contractor or subcontractor complies with all of the requirements of paragraphs (a)(2) and (a)(4) through (6) of this section for its automated records and automated recordkeeping system.\n\n(c) If a railroad, or a contractor or subcontractor to the railroad, is no longer eligible to use an automated recordkeeping system to record data subpart B of this part requires, the entity must begin keeping manual or electronic records and must retain its automated records as required under \u00a7 228.9(c) unless the entity requests, and FRA grants, a waiver under \u00a7 211.41 of this chapter."], ["49:49:4.1.1.1.22.4.15.2", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "D", "Subpart D\u2014Electronic Recordkeeping System and Automated Recordkeeping System", "", "\u00a7 228.203 Program components.", "FRA", "", "", "", "(a)  System security.  The integrity of the program and database must be protected by a security system that utilizes an employee identification number and password, or a comparable method, to establish appropriate levels of program access meeting all of the following standards:\n\n(1) Data input is restricted to the employee or train crew or signal gang whose time is being recorded, with the following exceptions:\n\n(i) A railroad, or a contractor or subcontractor to a railroad, may allow its recordkeeping system to pre-populate fields of the hours of service record provided that\u2014\n\n(A) The recordkeeping system pre-populates fields of the hours of service record with information known to the railroad, or contractor or subcontractor to the railroad, to be factually accurate for a specific employee.\n\n(B) The recordkeeping system may also provide the ability for employees to copy data from one field of a record into another field, where applicable.\n\n(C) Estimated, historical, or arbitrary data are not used to pre-populate any field of an hours of service record.\n\n(D) A railroad, or a contractor or a subcontractor to a railroad, is not in violation of this paragraph if it makes a good faith judgment as to the factual accuracy of the data for a specific employee but nevertheless errs in pre-populating a data field.\n\n(E) The employee may make any necessary changes to the data by typing into the field, without having to access another screen or obtain clearance from the railroad, or a contractor or subcontractor to a railroad.\n\n(ii) A railroad, or a contractor or a subcontractor to a railroad, shall allow employees to complete a verbal quick tie-up, or to transmit by facsimile or other electronic means the information necessary for a quick tie-up, if\u2014\n\n(A) The employee is released from duty at a location at which there is no terminal available;\n\n(B) Computer systems are unavailable as a result of technical issues; or\n\n(C) Access to computer terminals is delayed and the employee has exceeded his or her maximum allowed time on duty.\n\n(2) No two individuals have the same electronic identity.\n\n(3) A record cannot be deleted or altered by any individual after the record is certified by the employee who created the record.\n\n(4) Any amendment to a record is either\u2014\n\n(i) Electronically stored apart from the record that it amends, or\n\n(ii) Electronically attached to the record as information without changing the original record.\n\n(5) Each amendment to a record uniquely identifies the individual making the amendment.\n\n(6) The electronic system provides for the maintenance of inspection records as originally submitted without corruption or loss of data.\n\n(7) Supervisors and crew management officials can access, but cannot delete or alter the records of any employee after the report-for-duty time of the employee or after the record has been certified by the reporting employee.\n\n(b)  Identification of the individual entering data.  The program must be capable of identifying each individual who entered data for a given record. If a given record contains data entered by more than one individual, the program must be capable of identifying each individual who entered specific information within the record.\n\n(c)  Capabilities of program logic.  The program logic must have the ability to\u2014\n\n(1) Calculate the total time on duty for each employee, using data entered by the employee and treating each identified period as defined in \u00a7 228.5;\n\n(2) Identify input errors through the use of program edits;\n\n(3) Require records, including outstanding records, the completion of which was delayed, to be completed in chronological order;\n\n(4) Require reconciliation when the known (system-generated) prior time off differs from the prior time off reported by an employee;\n\n(5) Require explanation if the total time on duty reflected in the certified record exceeds the statutory maximum for the employee;\n\n(6) Require the use of a quick tie-up process when the employee has exceeded or is within three minutes of his or her statutory maximum time on duty;\n\n(7) Require that the employee's certified final release be not more than three minutes in the future, and that the employee may not certify a final release time for a current duty tour that is in the past, compared to the clock time of the computer system at the time that the record is certified, allowing for changes in time zones;\n\n(8) Require automatic modification to prevent miscalculation of an employee's total time on duty for a duty tour that spans changes from and to daylight savings time;\n\n(9) For train employees, require completion of a full record at the end of a duty tour when the employee initiates a tie-up with less than the statutory maximum time on duty and a quick tie-up is not mandated;\n\n(10) For train employees, disallow use of a quick tie-up when the employee has time remaining to complete a full record, except as provided in paragraph (a)(1)(ii) of this section.\n\n(11) Disallow any manipulation of the tie-up process that precludes compliance with any of the requirements specified by paragraphs (c)(1) through (c)(10) of this section.\n\n(d)  Search capabilities.  The program must contain sufficient search criteria to allow any record to be retrieved through a search of any one or more of the following data fields, by specific date or by a date range not exceeding 30 days for the data fields specified by paragraphs (d)(1) and (d)(2) of this section, and not exceeding one day for the data fields specified by paragraphs (d)(3) through (d)(7) of this section:\n\n(1) Employee, by name or identification number;\n\n(2) Train or job symbol;\n\n(3) Origin location, either yard or station;\n\n(4) Released location, either yard or station;\n\n(5) Operating territory (i.e., division or service unit, subdivision, or railroad-identified line segment);\n\n(6) Certified records containing one or more instances of excess service; and\n\n(7) Certified records containing duty tours in excess of 12 hours.\n\n(e) The program must display individually each train or job assignment within a duty tour that is required to be reported by this part."], ["49:49:4.1.1.1.22.4.15.3", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "D", "Subpart D\u2014Electronic Recordkeeping System and Automated Recordkeeping System", "", "\u00a7 228.205 Access to electronic records.", "FRA", "", "", "", "(a) FRA inspectors and State inspectors participating under 49 CFR Part 212 must have access to hours of service records created and maintained electronically that is obtained as required by \u00a7 228.9(b)(4).\n\n(b) Railroads must establish and comply with procedures for providing an FRA inspector or participating State inspector with an identification number and temporary password for access to the system upon request, which access will be valid for a period not to exceed seven days. Access to the system must be provided as soon as possible and no later than 24 hours after a request for access.\n\n(c) The inspection screen provided to FRA inspectors and participating State inspectors for searching employee hours of duty records must be formatted so that\u2014\n\n(1) Each data field entered by an employee on the input screen is visible to the FRA inspector or participating State inspector; and\n\n(2) The data fields are searchable as described in \u00a7 228.203(d) and yield access to all records matching criteria specified in a search.\n\n(3) Records are displayed in a manner that is both crew-based and duty tour oriented, so that the data pertaining to all employees who worked together as part of a crew or signal gang will be displayed together, and the record will include all of the assignments and activities of a given duty tour that are required to be recorded by this part."], ["49:49:4.1.1.1.22.4.15.4", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "D", "Subpart D\u2014Electronic Recordkeeping System and Automated Recordkeeping System", "", "\u00a7 228.206 Requirements for automated records and for automated recordkeeping systems on eligible smaller railroads, and their contractors or subcontractors that provide covered service employees to such railroads.", "FRA", "", "", "[83 FR 43998, Aug. 29, 2018]", "(a)  Use of electronic signature.  Each employee creating a record required by subpart B of this part must sign the record using an electronic signature that meets the following requirements:\n\n(1) The record contains the printed name of the signer and the date and actual time the signature was executed, and the meaning (such as authorship, review, or approval) associated with the signature;\n\n(2) Each electronic signature is unique to one individual and shall not be used by, or assigned to, anyone else;\n\n(3) Before an eligible smaller railroad, or a contractor or subcontractor to such a railroad, establishes, assigns, certifies, or otherwise sanctions an individual's electronic signature, or any element of such electronic signature, the organization shall verify the identity of the individual;\n\n(4) A person using an electronic signature shall, prior to or at the time of each such use, certify to FRA that the person's electronic signature in the system, used on or after August 29, 2018 is the legally binding equivalent of the person's traditional handwritten signature;\n\n(5) Each employee shall sign the initial certification of his or her electronic signature with a traditional handwritten signature, and each railroad using an automated system shall maintain certification of each electronic signature at its headquarters or the headquarters of any contractor or subcontractor providing employees who perform covered service to such a railroad, and railroads, contractors, and subcontractors must make the certification available to FRA upon request; and\n\n(6) A person using an electronic signature in such a system shall, upon FRA request, provide additional certification or testimony that a specific electronic signature is the legally binding equivalent of his or her handwritten signature.\n\n(b)  System security.  Railroads using an automated recordkeeping system must protect the integrity of the system by the use of an employee identification number and password, or a comparable method, to establish appropriate levels of program access meeting all of the following standards:\n\n(1) Data input is restricted to the employee or train crew or signal gang whose time is being recorded, except that an eligible smaller railroad, or a contractor or subcontractor to such a railroad, may pre-populate fields of the hours of service record provided that\u2014\n\n(i) The eligible smaller railroad, or its contractor or subcontractor, pre-populates fields of the hours of service record with information the railroad, or its contractor or subcontractor knows is factually accurate for a specific employee.\n\n(ii) The recordkeeping system may allow employees to copy data from one field of a record into another field, where applicable.\n\n(iii) The eligible smaller railroad, or its contractor or subcontractor does not use estimated, historical, or arbitrary information to pre-populate any field of an hours of service record.\n\n(iv) An eligible smaller railroad, or a contractor or a subcontractor to such a railroad, is not in violation of paragraph (b)(1) of this section if it makes a good faith judgment as to the factual accuracy of the data for a specific employee but nevertheless errs in pre-populating a data field.\n\n(v) The employee may make any necessary changes to the data by typing into the field without having to access another screen or obtain clearance from railroad, or contractor or subcontractor to the railroad.\n\n(2) No two individuals have the same electronic signature.\n\n(3) No individual can delete or alter a record after the employee who created the record electronically signs the record.\n\n(4) Any amendment to a record is either:\n\n(i) Electronically stored apart from the record that it amends; or\n\n(ii) Electronically attached to the record as information without changing the original record.\n\n(5) Each amendment to a record uniquely identifies the individual making the amendment.\n\n(6) The automated system maintains the records as originally submitted without corruption or loss of data. Beginning August 29, 2018, an eligible smaller railroad must retain back-up data storage for its automated records for the quarters prescribed in the following table for the time specified in \u00a7 228.9(c)(3), to be updated within 30 days of the end of each prescribed quarter\u2014\n\n(7) Supervisors and crew management officials can access, but cannot delete or alter, the records of any employee after the employee electronically signs the record.\n\n(c)  Identification of the individual entering data.  If a given record contains data entered by more than one individual, the record must identify each individual who entered specific information within the record and the data the individual entered.\n\n(d)  Search capabilities.  The automated recordkeeping system must store records using the following criteria so all records matching the selected criteria are retrieved from the same location:\n\n(1) Date (month and year);\n\n(2) Employee name or identification number; and\n\n(3) Electronically signed records containing one or more instances of excess service, including duty tours in excess of 12 hours.\n\n(e)  Access to records.  An eligible smaller railroad, or contractor or subcontractor providing covered service employees to such a railroad, must provide access to its hours of service records under subpart B that are created and maintained in its automated recordkeeping system to FRA inspectors and State inspectors participating under 49 CFR part 212, subject to the following requirements:\n\n(1) Access to records created and maintained in the automated recordkeeping system must be obtained as required by \u00a7 228.9(c)(4);\n\n(2) An eligible smaller railroad must establish and comply with procedures for providing an FRA inspector or participating State inspector with access to the system upon request and must provide access to the system as soon as possible but not later than 24 hours after a request for access;\n\n(3) Each data field entered by an employee on the input screen must be visible to the FRA inspector or participating State inspector; and\n\n(4) The data fields must be searchable as described in paragraph (d) of this section and must yield access to all records matching the criteria specified in a search."], ["49:49:4.1.1.1.22.4.15.5", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "D", "Subpart D\u2014Electronic Recordkeeping System and Automated Recordkeeping System", "", "\u00a7 228.207 Training.", "FRA", "", "", "[74 FR 25350, May 27, 2009, as amended at 83 FR 43999, Aug. 29, 2018]", "(a)  In general.  A railroad, or a contractor or subcontractor to a railroad, shall provide its train employees, signal employees, and dispatching service employees and its supervisors of these employees with initial training and refresher training as provided in this section.\n\n(b)  Initial training.  (1) Initial training shall include the following:\n\n(i) Instructional components presented in a classroom setting or by electronic means; and\n\n(ii) Experiential (\u201chands-on\u201d) components; and\n\n(iii) Training on\u2014\n\n(A) The aspects of the hours of service laws relevant to the employee's position that are necessary to understanding the proper completion of the hours of service record required by this part, and\n\n(B) The entry of hours of service data, into the electronic system or automated system or on the appropriate paper records used by the railroad or contractor or subcontractor to a railroad for which the employee performs covered service; and\n\n(iv) Testing to ensure that the objectives of training are met.\n\n(2) Initial training shall be provided\u2014\n\n(i) To each current employee and supervisor of an employee as soon after May 27, 2009 as practicable; and\n\n(ii) To new employees and supervisors prior to the time that they will be required to complete an hours of service record or supervise an employee required to complete an hours of service record.\n\n(c)  Refresher training.  (1) The content and level of formality of refresher training should be tailored to the needs of the location and employees involved, except that the training shall\u2014\n\n(i) Emphasize any relevant changes to the hours of service laws, the recording and reporting requirements in subparts B and D of this part, or the electronic, automated, or manual recordkeeping system of the railroad or contractor or subcontractor to a railroad for which the employee performs covered service since the employee last received training; and\n\n(ii) Cover any areas in which supervisors or other railroad managers are finding recurrent errors in the employees' records through the monitoring indicators.\n\n(2) Refresher training shall be provided to each employee any time that recurrent errors in records prepared by the employee, discovered through the monitoring indicators, suggest, for example, the employee's lack of understanding of how to complete hours of service records."], ["49:49:4.1.1.1.22.5.15.1", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.301 Purpose and scope.", "FRA", "", "", "", "The purpose of this subpart is to prescribe standards for the design, operation, and maintenance of camp cars that a railroad uses as sleeping quarters for its employees or MOW workers or both so as to protect the safety and health of those employees and MOW workers and give them an opportunity for rest free from the interruptions caused by noise under the control of the railroad, and provide indoor toilet facilities, potable water, and other features to protect the health and safety of the employees and MOW workers."], ["49:49:4.1.1.1.22.5.15.10", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.319 Lavatories.", "FRA", "", "", "", "(a)  Number.  Each camp car that provides a sleeping facility must contain at least one functioning lavatory for a total of one or two occupants and an additional functional lavatory if there is a total of three or four occupants.\n\n(b)  Water.  Each lavatory must be provided with hot and cold potable running water. The water supplied to a lavatory must be from a potable water source supplied through a system maintained as required in \u00a7 228.323.\n\n(c)  Soap.  Unless otherwise provided by a collective bargaining agreement, hand soap or similar cleansing agents must be provided.\n\n(d)  Means of drying.  Unless otherwise provided by a collective bargaining agreement, individual hand towels, of cloth or paper, warm air blowers, or clean sections of continuous cloth toweling must be provided near the lavatories."], ["49:49:4.1.1.1.22.5.15.11", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.321 Showering facilities.", "FRA", "", "", "", "(a)  Number.  Each individual camp car that provides sleeping facilities must contain a minimum of one shower for a total of one or two occupants and an additional functional shower if the camp car contains a total of three or four occupants.\n\n(b)  Floors.  (1) Shower floors must be constructed of non-slippery materials;\n\n(2) Floor drains must be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning;\n\n(3) All junctions of the curbing and the floor must be sealed; and\n\n(4) There shall be no fixed grate or other instrument on the shower floor significantly hindering the cleaning of the shower floor or drain.\n\n(c)  Walls and partitions.  The walls and partitions of a shower room must be smooth and impervious to the height of splash.\n\n(d)  Water.  An adequate supply of hot and cold running potable water must be provided for showering purposes. The water supplied to a shower must be from a potable water source supplied through a system maintained as required in \u00a7 228.323.\n\n(e)  Showering necessities.  (1) Unless otherwise provided by a collective bargaining agreement, body soap or other appropriate cleansing agent convenient to the showers must be provided.\n\n(2) Showers must be provided with hot and cold water feeding a common discharge line.\n\n(3) Unless otherwise provided by a collective bargaining agreement, each occupant who uses a shower must be provided with an individual clean towel."], ["49:49:4.1.1.1.22.5.15.12", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.323 Potable water.", "FRA", "", "", "", "(a)  General requirements.  (1) Potable water shall be adequately and conveniently provided to all occupants of a camp car for drinking, personal oral hygiene, washing of person, cooking, washing of foods, washing of cooking or eating utensils, and washing of premises for food preparation or processing.\n\n(2) Open containers such as barrels, pails, or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, are prohibited.\n\n(3) A common drinking cup and other common utensils are prohibited.\n\n(b)  Potable water source.  (1) If potable water is provided in bottled form, it shall be stored in a manner recommended by the supplier in order to prevent contamination in storage. Bottled water shall not be provided as a substitute for the hot and cold running potable water required to be supplied in lavatories, showers, and sinks under this section. Bottled water shall contain a label identifying the packager and the source of the water.\n\n(2) If potable water is drawn from a local source, the source must meet the drinking water standards established by the U.S. Environmental Protection Agency under 40 CFR part 141, National Primary Drinking Water Regulations.\n\n(3) All equipment and construction used for supplying potable water to a camp car water system ( e.g.,  a hose, nozzle, or back-flow prevention) shall be approved by the Food and Drug Administration.\n\n(4)  Water hydrants.  Each water hydrant, hose, or nozzle used for supplying potable water to a camp car water system shall be inspected prior to use. Each such hose or nozzle used shall be cleaned and sanitized as part of the inspection. A signed, dated record of this inspection shall be kept within the camp for the period of the connection. When the connection is terminated, a copy of each of these records must be submitted promptly to a centralized location for the railroad and maintained for one year from the date the connection was terminated.\n\n(5)  Training.  Only a trained individual is permitted to fill the potable water systems. Each individual who fills a potable water system shall be trained in\u2014\n\n(i) The approved method of inspecting, cleaning, and sanitizing hydrants, hoses, and nozzles used for filling potable water systems; and\n\n(ii) The approved procedures to prevent contamination during watering.\n\n(6)  Certification.  Each time that potable water is drawn from a different local source, the railroad shall obtain a certificate from a State or local health authority indicating that the water from this source is of a quality not less than that prescribed in 40 CFR part 141, National Primary Drinking Water Regulations promulgated by the U.S. Environmental Protection Agency, or obtain such a certificate by a certified laboratory following testing for compliance with those standards. The current certification shall be kept within the camp for the duration of the connection. When the connection is terminated, a copy of each of these records must be submitted promptly to a centralized location for the railroad and maintained for one year from the date the connection was terminated.\n\n(c)  Storage and distribution system.  (1)  Storage.  Potable water shall be stored in sanitary containers that prevent external contaminants from entering the potable water supply. Such contaminants include biological agents or materials and substances that can alter the taste or color or are toxic.\n\n(2)  Dispensers.  Potable drinking water dispensers shall be designed, constructed, and serviced so that sanitary conditions are maintained, must be capable of being closed, and shall be equipped with a tap.\n\n(3)  Distribution lines.  The distribution lines must be capable of supplying water at sufficient operating pressures to all taps for normal simultaneous operation.\n\n(4)  Flushing.  Each potable water system shall be drained and flushed with a disinfecting solution at least once every 120 days. The railroad shall maintain a record of the draining and flushing of each separate system within the camp for the last two drain and flush cycles. The record shall contain the date of the work and the name(s) of the individual(s) performing the work. The original record shall be maintained with the camp. A copy of each of these records shall be sent to a centralized location for the railroad and maintained for one year.\n\n(i) The solution used for flushing and disinfection shall be a 100 parts per million by volume (ppm) chlorine solution.\n\n(ii) The chlorine solution shall be held for one hour in all parts of the system to ensure disinfection.\n\n(iii) The chlorine solution shall be purged from the system by a complete refilling and draining with fresh potable water.\n\n(iv) The draining and flushing shall be done more frequently if an occupant reports a taste or health problem associated with the water, or following any plumbing repair.\n\n(5)  Reported problems.  Following any report of a taste problem with the water from a system or a health problem resulting from the water in a system, samples of water from each tap or dispensing location on the system shall be collected and sent to a laboratory approved by the U.S. Environmental Protection Agency for testing for heterotrophic plate counts, total coliform, and fecal coliform. If a single sample fails any of these tests, the system must be treated as follows:\n\n(i) Heterotrophic plate count. Drain and flush the system within two days, and then return it to service.\n\n(ii) Total coliform. Remove the system from service, drain and flush system, resample the system, and then return the system to service.\n\n(iii) Fecal coliform. Remove the system from service, drain and flush the system, resample the system, and do not return the system to service until a satisfactory result on the test of the samples is obtained from the laboratory.\n\n(6)  Reports.  All laboratory reports pertaining to the water system of the camp car shall be maintained with the car. Within 15 days of the receipt of such a laboratory report, a copy of the report shall be posted for a minimum of 10 calendar days at a conspicuous location within the camp car or cars affected for review by occupants. The report shall be maintained in the camp for the duration of the same connection. When the connection is terminated, the certification must be submitted promptly to a centralized location for the railroad and maintained for one year from the date the connection was terminated.\n\n(d)  Signage.  Any water outlet/faucet within the camp car facility that supplies water not from a potable source or that is from a potable source but supplied through a system that is not maintained as required in this section, the outlet/faucet must be labeled with a sign, visible to the user and bearing a message to the following effect: \u201cThe water is not suitable for human consumption. Do not drink the water.\u201d"], ["49:49:4.1.1.1.22.5.15.13", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.325 Food service in a camp car or separate kitchen or dining facility in a camp.", "FRA", "", "", "", "(a)  Sanitary storage.  No food or beverage may be stored in a toilet room or in an area exposed to a toxic material.\n\n(b)  Consumption of food or beverage on the premises.  No occupant shall be allowed to consume a food or beverage in a toilet room or in any area exposed to a toxic material.\n\n(c)  Kitchens, dining halls, and feeding facilities.  (1) In each camp car where central dining operations are provided by the railroad or its contractor(s) or subcontractor(s), the food handling facilities shall be maintained in a clean and sanitary condition.  See  \u00a7 228.323, Potable water, generally.\n\n(i) All surfaces used for food preparation shall be disinfected after each use.\n\n(ii) The disinfection process shall include removal of chemical disinfectants that would adulterate foods prepared subsequent to disinfection.\n\n(2) All perishable food shall be stored either under refrigeration or in a freezer. Refrigeration and freezer facilities shall be provided with a means to monitor temperature to ensure proper temperatures are maintained. The temperature of refrigerators shall be maintained at 40  \u00b0F or below; the temperature of freezers shall be maintained at 0  \u00b0F or below at all times.\n\n(3) All non-perishable food shall be stored to prevent vermin and insect infestation.\n\n(4) All food waste disposal containers shall be constructed to prevent vermin and insect infestation.\n\n(i) All food waste disposal containers used within a camp car shall be emptied after each meal, or at least every four hours, whichever period is less.\n\n(ii) All food waste disposal containers used outside a camp car shall be located to prevent offensive odors from entering the sleeping quarters.\n\n(iii) All kitchen area camp car sinks used for food washing and preparation and all kitchen area floor drains shall be connected to a public sewer where available and practicable, unless the car is equipped with a holding tank that is emptied in a sanitary manner. For kitchen area sinks and floor drains identified in this paragraph (c)(4)(iii) connected to a holding tank, the tank must be constructed in a manner that prevents vermin from entry into the tank or odors from escaping into any camp car.\n\n(iv) The sewage disposal method must not endanger the health of occupants.\n\n(5) When a separate kitchen or dining hall car is provided, there must be a closeable door between the living or sleeping quarters into a kitchen or dining hall car.\n\n(d)  Food handling.  (1) All food service facilities and operations for occupants of a camp car by the railroad or its contractor(s) or subcontractor(s) shall be carried out in accordance with sound hygienic principles. In all places of employment where all or part of the food service is provided, the food dispensed must be wholesome, free from spoilage, and must be processed, prepared, handled, and stored in such a manner as to be protected against contamination. See  \u00a7 228.323,  Potable water, generally.\n\n(2) No person with any disease communicable through contact with food or a food preparation item may be employed or permitted to work in the preparation, cooking, serving, or other handling of food, foodstuffs, or a material used therein, in a kitchen or dining facility operated in or in connection with a camp car.\n\n(e) The limitations of paragraphs (c) and (d) of this section do not apply to food service from restaurants near the camp car consist that are subject to State law."], ["49:49:4.1.1.1.22.5.15.14", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.327 Waste collection and disposal.", "FRA", "", "", "", "(a)  General disposal requirements.  All sweepings, solid or liquid wastes, refuse, and garbage in a camp must be removed in such a manner as to avoid creating a menace to health and as often as necessary or appropriate to maintain a sanitary condition.\n\n(b)  General waste receptacles.  Any exterior receptacle used for putrescible solid or liquid waste or refuse in a camp shall be so constructed that it does not leak and may be thoroughly cleaned and maintained in a sanitary condition. Such a receptacle must be equipped with a solid tight-fitting cover, unless it can be maintained in a sanitary condition without a cover. This requirement does not prohibit the use of receptacles designed to permit the maintenance of a sanitary condition without regard to the aforementioned requirements.\n\n(c)  Food waste disposal containers provided for the interior of camp cars.  An adequate number of receptacles constructed of smooth, corrosion resistant, easily cleanable, or disposable materials, must be provided and used for the disposal of waste food. Receptacles must be provided with a solid, tight-fitting cover unless sanitary conditions can be maintained without use of a cover. The number, size, and location of such receptacles must encourage their use and not result in overfilling. They must be emptied regularly and maintained in a clean, safe, and sanitary condition."], ["49:49:4.1.1.1.22.5.15.15", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.329 Housekeeping.", "FRA", "", "", "", "(a) A camp car must be kept clean to the extent allowed by the nature of the work performed by the occupants of the camp car.\n\n(b) To facilitate cleaning, every floor, working place, and passageway must be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings."], ["49:49:4.1.1.1.22.5.15.16", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.331 First aid and life safety.", "FRA", "", "", "", "(a) An adequate first aid kit must be maintained and made available for occupants of a camp car for the emergency treatment of an injured person.\n\n(b) The contents of the first aid kit shall be placed in a weatherproof container with individual sealed packages for each type of item, and shall be checked at least weekly when the camp car is occupied to ensure that the expended items are replaced. The first aid kit shall contain, at a minimum, the following:\n\n(1) Two small gauze pads (at least 4 \u00d7 4 inches);\n\n(2) Two large gauze pads (at least 8 \u00d7 10 inches);\n\n(3) Two adhesive bandages;\n\n(4) Two triangular bandages;\n\n(5) One package of gauge roller bandage that is at least 2 inches wide;\n\n(6) Wound cleaning agent, such as sealed moistened towelettes;\n\n(7) One pair of scissors;\n\n(8) One set of tweezers;\n\n(9) One roll of adhesive tape;\n\n(10) Two pairs of latex gloves; and\n\n(11) One resuscitation mask.\n\n(c) Each sleeping room shall be equipped with the following:\n\n(1) A functional portable Type ABC fire extinguisher; and\n\n(2) Either a functional smoke alarm and a carbon monoxide alarm, or a functional combined smoke-carbon-monoxide alarm.\n\n(d) Each camp car consist shall have an emergency preparedness plan prominently displayed so all occupants of the camp car consist can view it at their convenience. The plan shall address the following subjects for each location where the camp car consist is used to house railroad employees or MOW workers:\n\n(1) The means used to be aware of and notify all occupants of impending weather threats, including thunderstorms, tornados, hurricanes, floods, and other major weather-related risks;\n\n(2) Shelter-in-place and emergency and evacuation instructions for each of the specific threats identified; and\n\n(3) The address and telephone number of the nearest emergency medical facility and directions on how to get there from the camp car consist."], ["49:49:4.1.1.1.22.5.15.17", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.333 Remedial action.", "FRA", "", "", "", "A railroad shall, within 24 hours after receiving a good faith notice from a camp car occupant or an employee labor organization representing camp car occupants or notice from a Federal Railroad Administration inspector, including a certified State inspector under part 212 of this chapter, of noncompliance with this subpart, correct each non-complying condition on the camp car or cease use of the camp car as sleeping quarters for each occupant. In the event that such a condition affects the safety or health of an occupant, such as, but not limited to, water, cooling, heating, or eating facilities, sanitation issues related to food storage, food handling or sewage disposal, vermin or pest infestation, or electrical hazards, the railroad must immediately upon notice provide alternative arrangements for housing and providing food to the employee or MOW worker until the condition adverse to the safety or health of the occupant(s) is corrected."], ["49:49:4.1.1.1.22.5.15.18", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.335 Electronic recordkeeping.", "FRA", "", "", "", "(a) Each railroad shall keep records as required by \u00a7 228.323 either\u2014\n\n(1) On paper forms provided by the railroad, or\n\n(2) By electronic means that conform with the requirements of subpart D of this part.\n\n(b) Records required to be kept shall be made available to the Federal Railroad Administration as provided by 49 U.S.C. 20107."], ["49:49:4.1.1.1.22.5.15.2", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.303 Application and responsibility for compliance.", "FRA", "", "", "", "(a) This subpart applies to all railroads except the following:\n\n(1) Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation ( i.e.,  plant railroads, as defined in \u00a7 228.5);\n\n(2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in \u00a7 228.5; or\n\n(3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation.\n\n(b) Although the duties imposed by this subpart are generally stated in terms of the duty of a railroad, each person, including a contractor or subcontractor for a railroad, who performs any task or provides camp cars covered by this subpart, shall do so in accordance with this subpart."], ["49:49:4.1.1.1.22.5.15.3", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.305 Compliance date.", "FRA", "", "", "", "On and after December 30, 2011, a railroad shall not provide a camp car for use as sleeping quarters by an employee or MOW worker unless the camp car complies with all requirements of this subpart."], ["49:49:4.1.1.1.22.5.15.4", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.307 Definitions.", "FRA", "", "", "", "As used in this subpart\u2014\n\ndB(A)  means the sound pressure level in decibels measured on the A-weighted scale.\n\nDecibel (dB)  means a logarithmic unit of measurement that expresses the magnitude of a physical quantity (usually power or intensity) relative to a specified reference level. For the measurement of noise in this subpart, the reference level for the intensity of sound pressure in air is 20 micropascals.\n\nFoot-candle  means a one lumen of light density per square foot.\n\nHVAC  means heating, ventilation, and air conditioning.\n\nLavatory  means a basin or similar vessel used primarily for washing of the hands, arms, face, and head.\n\nL eq (8)  means the equivalent steady state sound level that in 8 hours would contain the same acoustic energy as the time-varying sound level during the same time period.\n\nNonwater carriage toilet  means a toilet not connected to a sewer.\n\nOccupant  means an employee or an MOW worker (both as defined in \u00a7 228.5) whose sleeping quarters are a camp car.\n\nPpm  means parts per million.\n\nPotable water  means water that meets the quality standards prescribed in the U.S. Environmental Protection Agency's National Primary Drinking Water Standards set forth in 40 CFR part 141.\n\nPotable water system  means the containers, tanks, and associated plumbing lines and valves that hold, convey, and dispense potable water within a camp car.\n\nToilet  means a chemical toilet, a recirculating toilet, a combustion toilet, or a toilet that is flushed with water; however, a urinal is not a toilet.\n\nToilet room  means a room containing a toilet.\n\nToxic material  means a material in concentration or amount of such toxicity as to constitute a recognized hazard that is causing or is likely to cause death or serious physical harm.\n\nWatering  means the act of filling potable water systems."], ["49:49:4.1.1.1.22.5.15.5", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.309 Structure, emergency egress, lighting, temperature, and noise-level standards.", "FRA", "", "", "", "(a)  General.  Each camp car must be constructed in a manner that will provide protection against the elements.\n\n(b)  Floors.  Floors must be of smooth and tight construction and must be kept in good repair.\n\n(c)  Windows and other openings.  (1) All camp cars must be provided with windows the total area of which must be not less than 10 percent of the floor area. At least one-half of each window designed to be opened must be so constructed that it can be opened for purposes of ventilation. Durable opaque window coverings must be provided to reduce the entrance of light during sleeping hours.\n\n(2) All exterior openings must be effectively screened with 16-mesh material. All screen doors must be equipped with self-closing devices.\n\n(d)  Steps, entry ways, passageways, and corridors.  All steps, entry ways, passageways, and corridors providing normal entry to or between camp cars must be constructed of durable weather-resistant material and properly maintained. Any broken or unsafe fixtures or components in need of repair must be repaired or replaced promptly.\n\n(e)  Emergency egress.  Each camp car must be constructed in a manner to provide adequate means of egress in an emergency situation. At a minimum, a means of emergency egress must be located in at least two places in camp car for emergency exits.\n\n(f)  Lighting.  Each habitable room in a camp car including but not limited to a toilet room, that is provided to an occupant must be provided with adequate lighting as specified below:\n\n(1) When occupants are present, the pathway to any exit not immediately accessible to occupants, such as through an interior corridor, shall be illuminated at all times to values of at least 1 foot-candle measured at the floor, provided that where the pathway passes through a sleeping compartment, the pathway up to the compartment will be illuminated, but illumination is not required inside the sleeping compartment.\n\n(2) Toilet and shower rooms shall have controlled lighting that will illuminate the room to values of at least 10 foot-candles measured at the floor.\n\n(3) Other areas shall have controlled lighting that will illuminate the room area to values of at least 30 foot-candles measured at the floor.\n\n(g)  Temperature.  Each camp car must be provided with equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit (F.) during cold weather and no greater than 75 degrees F. during hot weather. A temperature of at least 68 degrees F. during cold weather and no greater than 75 degrees F. during hot weather must be maintained within an occupied camp car unless the equipment is individually controlled by its occupant(s).\n\n(h)  Noise control.  Noise levels attributable to noise sources under the control of the railroad shall not exceed an L eq (8) value of 55 dB(A), with windows and doors closed and exclusive of noise from cooling, heating, and ventilating equipment, for any 480-minute period during which the facility is occupied."], ["49:49:4.1.1.1.22.5.15.6", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.311 Minimum space requirements, beds, storage, and sanitary facilities.", "FRA", "", "", "", "(a) Each camp car used for sleeping purposes must contain at least 80 square feet of floor space for each occupant, with a maximum of four occupants per car. At least a 7-foot ceiling, measured at the entrance to the car, must be provided.\n\n(b) A bed, cot, or bunk for each occupant and suitable lockable storage facility, such as a lockable wall locker, or space for a lockable foot locker for each occupant's clothing and personal articles must be provided in every room used for sleeping purposes. Except where partitions are provided, such beds or similar facilities must be spaced not closer than 36 inches laterally (except in rail-mounted modular units, where the beds shall be spaced not closer than 30 inches, and highway trailer units, where the beds shall be spaced not closer than 26 inches) and 30 inches end to end, and must be elevated at least 12 inches from the floor. Multi-deck bunks, multi-deck bunk beds, and multi-deck similar facilities may not be used.\n\n(c) Unless otherwise provided by a collective bargaining agreement, clean linens must be provided to each occupant.\n\n(d) In a camp car where occupants cook, live, and sleep, a minimum of 120 square feet of floor space per occupants must be provided. Sanitary facilities must be provided for storing and preparing food.  See also  \u00a7 228.325."], ["49:49:4.1.1.1.22.5.15.7", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.313 Electrical system requirements.", "FRA", "", "", "", "(a) All heating, cooking, ventilation, air conditioning, and water heating equipment must be installed in accordance with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard.\n\n(b) All electrical systems installed, including external electrical supply connections, must be compliant with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard.\n\n(c) Each occupied camp car shall be equipped with or serviced by a safe and working HVAC system."], ["49:49:4.1.1.1.22.5.15.8", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.315 Vermin control.", "FRA", "", "", "", "Camp cars shall be constructed, equipped, and maintained to prevent the entrance or harborage of rodents, insects, or other vermin. A continuing and effective extermination program shall be instituted where the presence of vermin is detected."], ["49:49:4.1.1.1.22.5.15.9", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "E", "Subpart E\u2014Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters", "", "\u00a7 228.317 Toilets.", "FRA", "", "", "", "(a)  Number of toilets provided.  Each individual camp car that provides sleeping facilities must have one room with a functional toilet for a total of one or two occupants, and one additional room with a functional toilet if there are a total of three or four occupants.\n\n(b)  Construction of toilet rooms.  Each toilet room must occupy a separate compartment with a door that latches and have walls or partitions between fixtures sufficient to assure privacy.\n\n(c)  Supplies and sanitation.  (1) An adequate supply of toilet paper must be provided in each toilet room, unless provided to the occupants individually.\n\n(2) Each toilet must be kept in a clean and sanitary condition and cleaned regularly when the camp car is being used. In the case of a non-water carriage toilet facility, it must be cleaned and changed regularly when the camp car is being used.\n\n(d)  Sewage disposal facilities.  (1) All sanitary sewer lines and floor drains from a camp car toilet facility must be connected to a public sewer where available and practical, unless the car is equipped with a holding tank that is emptied in a sanitary manner.\n\n(2) The sewage disposal method must not endanger the health of occupants.\n\n(3) For toilet facilities connected to a holding tank, the tank must be constructed in a manner that prevents vermin from entry and odors from escaping into the camp car."], ["49:49:4.1.1.1.22.6.15.1", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "F", "Subpart F\u2014Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation", "", "\u00a7 228.401 Applicability.", "FRA", "", "", "", "(a) Except as provided in paragraph (b) of this section, the requirements of this subpart apply to railroads and their officers and agents, with respect to their train employees who are engaged in commuter or intercity rail passenger transportation, including train employees who are engaged in tourist, scenic, historic, or excursion rail passenger transportation.\n\n(b) This subpart does not apply to rapid transit operations in an urban area that are not connected with the general railroad system of transportation."], ["49:49:4.1.1.1.22.6.15.2", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "F", "Subpart F\u2014Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation", "", "\u00a7 228.403 Nonapplication, exemption, and definitions.", "FRA", "", "", "", "(a)  General.  This subpart does not apply to a situation involving any of the following:\n\n(1) A casualty;\n\n(2) An unavoidable accident;\n\n(3) An act of God; or\n\n(4) A delay resulting from a cause unknown and unforeseeable to a railroad or its officer or agent in charge of the employee when the employee left a terminal.\n\n(b)  Exemption.  The Administrator may exempt a railroad having not more than a total of 15 train employees, signal employees, and dispatching service employees from the limitations imposed by this subpart on the railroad's train employees who are engaged in commuter or intercity rail passenger transportation. The Administrator may allow the exemption from this subpart after a full hearing, for good cause shown, and on deciding that the exemption is in the public interest and will not affect safety adversely. The exemption shall be for a specific period of time and is subject to review at least annually. The exemption may not authorize a railroad to require or allow its train employees to be on duty more than a total of 16 hours in a 24-hour period.\n\n(c)  Definitions.  In this subpart\u2014\n\nCommuter or intercity rail passenger transportation  has the meaning assigned by section 24102 of title 49, United States Code, to the terms \u201ccommuter rail passenger transportation\u201d or \u201cintercity rail passenger transportation.\u201d\n\nTrain employee who is engaged in commuter or intercity rail passenger transportation  includes a train employee who is engaged in commuter or intercity rail passenger transportation regardless of the nature of the entity by whom the employee is employed and any other train employee who is employed by a commuter railroad or an intercity passenger railroad. The term excludes a train employee of another type of railroad who is engaged in work train service even though that work train service might be related to providing commuter or intercity rail passenger transportation, and a train employee of another type of railroad who serves as a pilot on a train operated by a commuter railroad or intercity passenger railroad."], ["49:49:4.1.1.1.22.6.15.3", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "F", "Subpart F\u2014Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation", "", "\u00a7 228.405 Limitations on duty hours of train employees engaged in commuter or intercity rail passenger transportation.", "FRA", "", "", "", "(a)  General.  Except as provided in paragraph (c) of this section, a railroad and its officers and agents may not require or allow a train employee engaged in commuter or intercity rail passenger transportation to remain or go on duty\u2014\n\n(1) Unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours; or\n\n(2) After that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty; or\n\n(3) In a series of at most 14 consecutive calendar days, in excess of the following limitations:\n\n(i) That employee's first series of at most 14 consecutive calendar days begins on the first calendar day that the employee initiates an on-duty period on or after the compliance date for this paragraph (a)(3), as specified in \u00a7 228.413. A series of at most 14 consecutive calendar days either ends on the 14th consecutive day or may last for less than 14 days if an employee has accumulated a total of two calendar days on which the employee has not initiated an on-duty period before the beginning of the 14th day of the series. After the employee has accumulated a total of two calendar days on which the employee has not initiated an on-duty period, including at least 24 consecutive hours off duty as required by paragraph (a)(3)(ii) or two consecutive calendar days without initiating an on-duty period as required by paragraph (a)(3)(iii) of this section, during the employee's current series of at most 14 consecutive calendar days, a new series of at most 14 consecutive calendar days begins on the calendar day in which the employee next initiates an on-duty period. Only calendar days after the starting date of a series are counted toward the accumulation of a total of two calendar days on which the employee did not initiate an on-duty period. A calendar day on which an on-duty period was not initiated that occurred prior to the start of the new series, does not count toward refreshing the new series.\n\n(ii) If the employee initiates an on-duty period each day on any six or more consecutive calendar days during the series of at most 14 consecutive calendar days, and at least one of the on-duty periods is defined as a Type 2 assignment, that employee must have at least 24 consecutive hours off duty prior to next initiating an on-duty period, except as provided in paragraph (a)(3)(v) of this section.\n\n(iii) If the employee has initiated an on-duty period each day on 13 or more calendar days in the series of at most 14 consecutive calendar days, that employee must have at least two consecutive calendar days on which the employee does not initiate an on-duty period prior to next initiating an on-duty period, except as provided in paragraph (a)(3)(v) of this section.\n\n(iv) The minimum time off duty required by paragraph (a)(3)(ii) of this section and the at least two consecutive calendar days in which the employee does not initiate an on-duty period required by paragraph (a)(3)(iii) of this section must be at the employee's home terminal, and during such periods, the employee shall be unavailable for any service for any railroad.\n\n(v) Paragraphs (a)(3)(ii)-(iii) of this section notwithstanding, if the employee is not at the employee's home terminal when time off duty is required by paragraph (a)(3)(ii) of this section or calendar days in which the employee does not initiate an on-duty period are required by paragraph (a)(3)(iii) of this section, the employee may either deadhead to the point of final release at the employee's home terminal or initiate an on-duty period in order to return to the employee's home terminal either on the same calendar day or the next consecutive calendar day after the completion of the duty tour triggering the requirements of paragraph (a)(3)(ii) or paragraph (a)(3)(iii) of this section.\n\n(vi) If the employee is required to have at least 24 consecutive hours off duty under paragraph (a)(3)(ii) of this section and not to initiate an on-duty period for at least two consecutive calendar days under paragraph (a)(3)(iii) of this section, both requirements shall be observed. The required periods run concurrently, to the extent that they overlap.\n\n(b)  Determining time on duty.  In determining under paragraph (a) of this section the time that a train employee subject to this subpart is on or off duty, the following rules apply:\n\n(1) Time on duty begins when the employee reports for duty and ends when the employee is finally released from duty;\n\n(2) Time the employee is engaged in or connected with the movement of a train is time on duty;\n\n(3) Time spent performing any other service for the railroad during a 24-hour period in which the employee is engaged in or connected with the movement of a train is time on duty;\n\n(4) Time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty;\n\n(5) An interim period available for rest at a place other than a designated terminal is time on duty;\n\n(6) An interim period available for less than four hours rest at a designated terminal is time on duty; and\n\n(7) An interim period available for at least four hours rest at a place with suitable facilities for food and lodging is not time on duty when the employee is prevented from getting to the employee's designated terminal by any of the following:\n\n(i) A casualty;\n\n(ii) A track obstruction;\n\n(iii) An act of God; or\n\n(iv) A derailment or major equipment failure resulting from a cause that was unknown and unforeseeable to the railroad or its officer or agent in charge of that employee when that employee left the designated terminal.\n\n(c)  Emergencies.  A train employee subject to this subpart who is on the crew of a wreck or relief train may be allowed to remain or go on duty for not more than four additional hours in any period of 24 consecutive hours when an emergency exists and the work of the crew is related to the emergency. In this paragraph, an emergency ends when the track is cleared and the railroad line is open for traffic."], ["49:49:4.1.1.1.22.6.15.4", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "F", "Subpart F\u2014Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation", "", "\u00a7 228.407 Analysis of work schedules; submissions; FRA review and approval of submissions; fatigue mitigation plans.", "FRA", "", "", "", "(a)  Analysis of work schedules.  Each railroad subject to this subpart must perform an analysis of one cycle of the work schedules (the period within which the work schedule repeats) of its train employees engaged in commuter or intercity rail passenger transportation and identify those work schedules intended to be assigned to its train employees, that, if worked by such a train employee, put the train employee at risk for a level of fatigue at which safety may be compromised. Schedules identified in paragraph (g) of this section do not have to be analyzed. A level of fatigue at which safety may be compromised, hereafter called \u201cthe fatigue threshold,\u201d shall be determined by procedures that use a scientifically valid, biomathematical model of human performance and fatigue that has been approved by the Associate Administrator pursuant to paragraph (c)(1) of this section, or previously accepted pursuant to paragraph (c)(2) of this section. Each work schedule that violates the fatigue threshold must be\u2014\n\n(1) Reported to the Associate Administrator as provided in paragraph (b) of this section, no later than April 12, 2012;\n\n(2) Either\u2014\n\n(i) Mitigated by action in compliance with the railroad's fatigue mitigation plan that has been approved by the Associate Administrator as specified in paragraph (b) of this section, no later than April 12, 2012; or\n\n(ii) Supported by a determination that the schedule is operationally necessary, and that the fatigue risk cannot be sufficiently mitigated by the use of fatigue mitigation tools to reduce the risk for fatigue to a level that does not violate the fatigue threshold, no later than April 12, 2012; or\n\n(iii) Both, no later than April 12, 2012; and\n\n(3) Approved by FRA for use in accordance with paragraph (b) of this section.\n\n(b)  Submissions of certain work schedules and any fatigue mitigation plans and determinations of operational necessity or declarations; FRA review and approval.  (1) No later than April 12, 2012, the railroad shall submit for approval to the Associate Administrator the work schedules described in paragraph (b)(1)(i) and (ii) of this section. The railroad shall identify and group the work schedules as follows:\n\n(i) Work schedules that the railroad has found, using a validated model (as specified in paragraph (c)(1) of this section or approved by FRA in accordance with paragraph (c)(2) of this section) to present a risk for a level of fatigue that violates the applicable fatigue threshold, but that the railroad has determined can be mitigated by the use of fatigue mitigation tools so as to present a risk for a level of fatigue that does not violate the applicable fatigue threshold. The fatigue mitigation tools that will be used to mitigate the fatigue risk presented by the schedule must also be submitted.\n\n(ii) Work schedules that the railroad has found, using a validated model (as specified in paragraph (c)(1) of this section or approved by FRA in accordance with paragraph (c)(2) of this section), to present a risk for a level of fatigue that violates the applicable fatigue threshold, but that the railroad has determined cannot be mitigated so as to present a risk for a level of fatigue that does not violate the applicable fatigue threshold by the use of fatigue mitigation tools, and that the railroad has determined are operationally necessary. The basis for the determination must also be submitted.\n\n(2) If a railroad performs the analysis of its schedules required by paragraph (a) of this section, and determines that none of them violates the applicable fatigue threshold, and therefore none of them presents a risk for fatigue that requires it to be submitted to the Associate Administrator pursuant to this paragraph, that railroad shall, no later than April 12, 2012, submit to the Associate Administrator a written declaration, signed by an officer of the railroad, that the railroad has performed the required analysis and determined that it has no schedule that is required to be submitted.\n\n(3) FRA will review submitted work schedules, proposed fatigue mitigation tools, and determinations of operational necessity. If FRA identifies any exceptions to the submitted information, the agency will notify the railroad within 120 days of receipt of the railroad's submission. Railroads are required to correct any deficiencies identified by FRA within the time frame specified by FRA.\n\n(4) FRA will audit railroad work schedules and fatigue mitigation tools every two years to ensure compliance with this section.\n\n(c)  Submission of models for FRA approval; validated models already accepted by FRA.  (1) If a railroad subject to this subpart wishes to use a model of human performance and fatigue, not previously approved by FRA, for the purpose of making part or all of the analysis required by paragraph (a) or (d) of this section, the railroad shall submit the model and evidence in support of its scientific validation, for the approval of the Associate Administrator. Decisions of the Associate Administrator regarding the validity of a model are subject to review under \u00a7 211.55 of this chapter.\n\n(2) A railroad may use a model that is already accepted by FRA. FRA has approved the Fatigue Avoidance Scheduling Tool \n TM  (FAST) issued on July 15, 2009, by Fatigue Science, Inc. (with a fatigue threshold for the purpose of this regulation less than or equal to 70 for 20 percent or more of the time worked in a duty tour), and Fatigue Audit InterDyne \n TM  (FAID) version 2, issued in September 2007 by InterDynamics Pty Ltd. (Australian Company Number (ACN) 057 037 635) (with a fatigue threshold for the purpose of this regulation greater than or equal to 72 for 20 percent or more of the time worked in a duty tour) as scientifically valid, biomathematical models of human performance and fatigue for the purpose of making the analysis required by paragraph (a) or (d) of this section. Other versions of the models identified in this paragraph must be submitted to FRA for approval prior to use as provided by paragraph (c)(1) of this section.\n\n(3) If a new model is submitted to FRA for approval, pursuant to paragraph (c)(1) of this section, FRA will publish notice of the submission in the  Federal Register,  and will provide an opportunity for comment, prior to the Associate Administrator's making a final determination as to its disposition. If the Associate Administrator approves a new model as having been validated and calibrated, so that it can be used for schedule analysis in compliance with this regulation, FRA will also publish notice of this determination in the  Federal Register.\n\n(d)  Analysis of certain later changes in work schedules.  (1) Additional follow-up analysis must be performed each time that the railroad changes one of its work schedules in a manner\u2014\n\n(i) That would differ from the FRA-approved parameters for hours of duty of any work schedule previously analyzed pursuant to paragraph (a) of this section; or\n\n(ii) That would alter the work schedule to the extent that train employees who work the schedule may be at risk of experiencing a level of fatigue that violates the FRA-approved fatigue threshold established by paragraph (a) of this section.\n\n(2) Such additional follow-up analysis must be submitted for FRA approval as provided under paragraph (b) of this section, as soon as practicable, prior to the use of the new schedule for an employee subject to this subpart. FRA approval is not necessary before a new schedule may be used; however, a schedule that has been disapproved by FRA may not be used.\n\n(3) FRA will review submitted revised work schedules, and any accompanying fatigue mitigation tools, and determinations of operational necessity. If FRA identifies any exceptions to the submitted information, the agency will notify the railroad as soon as possible. Railroads are required to correct any deficiencies identified by FRA within the time frame specified by FRA.\n\n(e)  Fatigue mitigation plans.  A written plan must be developed and adopted by the railroad to mitigate the potential for fatigue for any work schedule identified through the analysis required by paragraph (a) or (d) of this section as at risk, including potential fatigue caused by unscheduled work assignments. Compliance with the fatigue mitigation plan is mandatory. The railroad shall review and, if necessary, update the plan at least once every two years after adopting the plan.\n\n(f)  Consultation.  (1) Each railroad subject to this subpart shall consult with, employ good faith, and use its best efforts to reach agreement with, all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad, on the following subjects:\n\n(i) The railroad's review of work schedules found to be at risk for a level of fatigue at which safety may be compromised (as described by paragraph (a) of this section;\n\n(ii) The railroad's selection of appropriate fatigue mitigation tools; and\n\n(iii) All submissions by the railroad to the Associate Administrator for approval that are required by this section.\n\n(2) For purposes of this section, the term \u201cdirectly affected employee\u201d means an employee to whom one of the work schedules applies or would apply if approved.\n\n(3) If the railroad and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad, cannot reach consensus on any area described in paragraph (f)(1) of this section, then directly affected employees and any such organization may file a statement with the Associate Administrator explaining their views on any issue on which consensus was not reached. The Associate Administrator shall consider such views during review and approval of items required by this section.\n\n(g)  Schedules not requiring analysis.  The types of schedules described in paragraphs (1) and (2) of this paragraph do not require the analysis described in paragraphs (a) or (d) of this section.\n\n(1) Schedules consisting solely of Type 1 assignments do not have to be analyzed.\n\n(2) Schedules containing Type 2 assignments do not have be analyzed if\u2014\n\n(i) The Type 2 assignment is no longer in duration than, and fully contained within, the schedule of another Type 2 assignment that has already been determined to present an acceptable level of risk for fatigue that does not violate the fatigue threshold; and\n\n(ii) If the longer Type 2 schedule within which another Type 2 schedule is contained requires mitigations to be applied in order to achieve an acceptable level of risk for fatigue that does not violate the fatigue threshold, the same or more effective mitigations must be applied to the shorter Type 2 schedule that is fully contained within the already acceptable Type 2 schedule."], ["49:49:4.1.1.1.22.6.15.5", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "F", "Subpart F\u2014Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation", "", "\u00a7 228.409 Requirements for railroad-provided employee sleeping quarters during interim releases and other periods available for rest within a duty tour.", "FRA", "", "", "", "(a) If a railroad subject to this subpart provides sleeping quarters for the use of a train employee subject to this subpart during interim periods of release as a method of mitigating fatigue identified by the analysis of work schedules required by \u00a7 228.407(a) and (d), such sleeping quarters must be \u201cclean, safe, and sanitary,\u201d and give the employee \u201can opportunity for rest free from the interruptions caused by noise under the control of the\u201d railroad within the meaning of section 21106(a)(1) of title 49 of the United States Code.\n\n(b) Any sleeping quarters provided by a railroad that are proposed as a fatigue mitigation tool pursuant to \u00a7 228.407(b)(1)(i), are subject to the requirements of \u00a7 228.407(f), Consultation."], ["49:49:4.1.1.1.22.6.15.6", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "F", "Subpart F\u2014Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation", "", "\u00a7 228.411 Training.", "FRA", "", "", "", "(a)  Individuals to be trained.  Except as provided by paragraph (f) of this section, each railroad subject to this subpart shall provide training for its employees subject to this subpart, and the immediate supervisors of its employees subject to this subpart.\n\n(b)  Subjects to be covered.  The training shall provide, at a minimum, information on the following subjects that is based on the most current available scientific and medical research literature:\n\n(1) Physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue;\n\n(2) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders;\n\n(3) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty;\n\n(4) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad; and\n\n(5) The effects of abrupt changes in rest cycles for employees.\n\n(c)  Timing of initial training.  Initial training shall be provided to affected current employees not later than December 31, 2012, and to new employees subject to this subpart before the employee first works a schedule subject to analysis under this subpart, or not later than December 31, 2012, whichever occurs later.\n\n(d)  Timing of refresher training.  (1) At a minimum, refresher training shall be provided every three calendar years.\n\n(2) Additional refresher training shall also be provided when significant changes are made to the railroad's fatigue mitigation plan or to the available fatigue mitigation tools applied to an employee's assignment or assignments at the location where he or she works.\n\n(e)  Records of training.  A railroad shall maintain a record of each employee provided training in compliance with this section and shall retain these records for three years.\n\n(f)  Conditional exclusion.  A railroad engaged in tourist, scenic, historic, or excursion rail passenger transportation, may be excluded from the requirements of this section, if its train employees subject to this rule are assigned to work only schedules wholly within the hours of 4 a.m. and 8 p.m. on the same calendar day that comply with the provisions of \u00a7 228.405, upon that railroad's submission to the Associate Administrator of a written declaration, signed by an officer of the railroad, indicating that the railroad meets the limitations established in this paragraph."], ["49:49:4.1.1.1.22.6.15.7", 49, "Transportation", "II", "", "228", "PART 228\u2014PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS", "F", "Subpart F\u2014Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation", "", "\u00a7 228.413 Compliance date for regulations; exemption from compliance with statute.", "FRA", "", "", "", "(a)  General.  Except as provided by paragraph (d) of this section or as provided in \u00a7 228.411, on and after April 12, 2012, railroads subject to this subpart shall comply with this subpart and \u00a7\u00a7 228.11(c)(1)-(2) and 228.19(c)(5)-(c)(8) with respect to their train employees who are engaged in commuter or intercity rail passenger transportation.\n\n(b)  Exemption from compliance with statute.  On and after October 15, 2011, railroads subject to this subpart or any provision of this subpart shall be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees.\n\n(c)  Definitions.  In this section\u2014\n\n(1) The term \u201cnew section 21103\u201d means section 21103 of title 49, United States Code, as amended by the Rail Safety Improvement Act of 2008 (RSIA) effective July 16, 2009.\n\n(2) The term \u201cold section 21103\u201d means section 21103 of title 49, United States Code, as it was in effect on the day before the enactment of the RSIA.\n\n(d)  Exceptions.  (1) On and after October 15, 2011, railroads subject to this subpart shall comply with \u00a7\u00a7 228.401, 228.403, 228.405(a)(1), (a)(2), (b), and (c), and 228.409(a).\n\n(2) Railroads engaged in tourist, scenic, historic, or excursion rail passenger transportation, subject to this subpart, must comply with the sections listed in paragraph (d)(1) of this section on and after October 15, 2011, but are not required to comply with the other provisions of this subpart and \u00a7\u00a7 228.11(c)(1)-(2) and 228.19(c)(5)-(c)(8) until April 12, 2013."], ["50:50:11.0.1.1.1.0.1.1", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.1 Basis and purpose.", "NOAA", "", "", "", "(a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 1371(b)) and these regulations authorize the Assistant Administrator of the National Marine Fisheries Service, to:\n\n(1) Impose regulations governing the taking of marine mammals incidental to commercial fishing operations;\n\n(2) Waive the moratorium and to adopt regulations with respect to the taking and importing of animals from each species of marine mammals under the Assistant Administrator's jurisdiction;\n\n(3) Prescribe regulations governing the taking of depleted marine mammals by any Indian, Aleut or Eskimo, respectively. In prescribing regulations to carry out the provisions of said sections, the Act refers the Assistant Administrator to section 103 (16 U.S.C. 1373). In accordance with section 103(d), regulations must be made on the record after opportunity for an agency hearing on such regulations and, in the case of a waiver, on the determination by the Assistant Administrator to waive the moratorium pursuant to section 101(a)(3)(A) of the Act (16 U.S.C. 1371(a)(3)(A)).\n\n(b) The purpose of this part is to establish rules of practice and procedure for all hearings conducted pursuant to section 103(d) of the Act."], ["50:50:11.0.1.1.1.0.1.10", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.10 Ex parte communications.", "NOAA", "", "", "", "(a) After notice of a hearing is published in the  Federal Register,  all communications, whether oral or written, involving any substantive or procedural issue and directed either to the presiding officer or to the Assistant Administrator, Deputy Assistant Administrator, or Chief of the Marine Mammal Division, National Marine Fisheries Service, without reference to these rules of procedure, shall be deemed ex parte communications and are not to be considered part of the record for decision.\n\n(b) A record of oral conversations shall be made by the persons who are contacted. All communications shall be available for public viewing at the place(s) specified in the notice of hearing.\n\n(c) The presiding office shall not consult any person or party on any fact in issue or on the merits of the matter unless notice and opportunity is given for all parties to participate."], ["50:50:11.0.1.1.1.0.1.11", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.11 Prehearing conference.", "NOAA", "", "", "", "(a) After an examination of all the direct testimony submitted pursuant to \u00a7 228.7, the presiding officer shall make a preliminary determination of issues of fact which may be addressed at the hearing.\n\n(b) The presiding officer's preliminary determination shall be made available at the place or places provided in the notice of the hearing (\u00a7 228.4(b)(8)) at least 5 days before the prehearing conference.\n\n(c) The purpose of the prehearing conference shall be to enable the presiding officer to determine, on the basis of the direct testimony submitted and prehearing discussions:\n\n(1) Whether the presiding officer's preliminary determination of issues of fact for the hearing has omitted any significant issues;\n\n(2) What facts are not in dispute;\n\n(3) Which witnesses may appear at the hearing; and\n\n(4) The nature of the interest of each party and which parties' interests are adverse.\n\n(d) Only parties may participate in the hearing conference and a party may appear in person or be represented by counsel.\n\n(e) Parties who do not appear at the prehearing conference shall be bound by the conference's determinations."], ["50:50:11.0.1.1.1.0.1.12", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.12 Final agenda of the hearing.", "NOAA", "", "", "", "(a) After the prehearing conference, the presiding officer shall prepare a final agenda which shall be published in the  Federal Register  within 10 days after the conclusion of the conference. A copy of the final agenda shall be mailed to all parties.\n\n(b) The final agenda shall list:\n\n(1) All the issues which the hearing shall address, the order in which those issues shall be presented, and the direct testimony submitted which bears on the issues; and\n\n(2) A final date for submission of direct testimony on issues of fact not included in the notice of hearing if such issues are presented. The final agenda may also specify a final date for submission of direct testimony to rebut testimony previously submitted during the time specified in the notice of the hearing.\n\n(c) The presiding officer shall publish with the final agenda a list of witnesses who may appear at the hearing, a list of parties, the nature of the interest of each party, and which parties' interests are adverse on the issues presented."], ["50:50:11.0.1.1.1.0.1.13", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.13 Determination to cancel the hearing.", "NOAA", "", "", "", "(a) If the presiding officer concludes that no issues of fact are presented by the direct testimony submitted, the presiding officer shall publish such conclusion and notice in the  Federal Register  that a hearing shall not be held and shall also publish a date for filing written comments on the proposed regulations. Written comments may include proposed findings and conclusions, arguments or briefs.\n\n(b) A person need not be a party to submit any written comments.\n\n(c) Promptly after expiration of the period for receiving written comments, the presiding officer shall make a recommended decision based on the record, which in this case shall consist of the direct testimony and written comments submitted. He shall transfer to the Assistant Administrator his recommended decision, the record and a certificate stating that the record contains all the written direct testimony and comments submitted. The Assistant Administrator shall then make a final decision in accordance with these regulations (\u00a7 228.21)."], ["50:50:11.0.1.1.1.0.1.14", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.14 Rebuttal testimony and new issues of fact in final agenda.", "NOAA", "", "", "", "(a) Direct testimony to rebut testimony offered during the time period specified in the notice of hearing may be submitted pursuant to these regulations within fifteen days after the conclusion of the prehearing conference unless the presiding officer otherwise specifies in the final agenda.\n\n(b) If the final agenda presents issues not included in the notice of the hearing published pursuant to \u00a7 228.4:\n\n(1) Any person interested in participating at the hearing on such issues presented shall notify the Assistant Administrator by certified mail of an intent to participate not later than 10 days after publication of the final agenda. Such person may present direct testimony or cross-examine witnesses only on such issues presented unless that person previously notified the Assistant Administrator pursuant to \u00a7 228.5; and\n\n(2) Additional written direct testimony concerning such issues may be submitted within the time provided in the final agenda. Such direct testimony will comply with the requirements of \u00a7 228.7."], ["50:50:11.0.1.1.1.0.1.15", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.15 Waiver of right to participate.", "NOAA", "", "", "", "Persons who fail to notify the Assistant Administrator pursuant to \u00a7\u00a7 228.5 and 228.14 shall be deemed to have waived their right to participate as parties in any part of the hearing."], ["50:50:11.0.1.1.1.0.1.16", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.16 Conduct of the hearing.", "NOAA", "", "", "", "(a) The hearing shall be held at the time and place fixed in the notice of the hearing, unless the presiding officer changes the time or place. If a change occurs, the presiding officer shall publish the change in the  Federal Register  and shall expeditiously notify all parties by telephone or by mail: Provided, that if that change in time or place of hearing is made less than 5 days before the date previously fixed for the hearing, the presiding officer shall also announce, or cause to be announced, the change at the time and place previously fixed for the hearing.\n\n(b) The presiding officer shall, at the commencement of the hearing, introduce into the record: the notice of hearing as published in the  Federal Register ; all subsequent documents published in the  Federal Register ; the draft Environmental Impact Statement if it is required and the comments thereon and agency responses to the comments; and a list of all parties. Direct testimony shall then be received with respect to the matters specified in the final agenda in such order as the presiding officer shall announce. With respect to direct testimony submitted as rebuttal testimony or in response to new issues presented by the prehearing conference, the presiding officer shall determine the relevancy of such testimony.\n\n(c) The hearing shall be publicly conducted and reported verbatim by an official reporter.\n\n(d) If a party objects to the admission or rejection of any direct testimony or to any other ruling of the presiding officer during the hearing, he or she shall state briefly the grounds of such objection, whereupon an automatic exception will follow if the objection is overruled by the presiding officer. The transcript shall not include argument or debate thereon except as ordered by the presiding officer. The ruling by the presiding officer on any objection shall be a part of the transcript and shall be subject to review at the same time and in the same manner as the Assistant Administrator's final decision. Only objections made before the presiding officer may subsequently be relied upon in the proceedings.\n\n(e) All motions and requests shall be addressed to, and ruled on by, the presiding officer, if made prior to his certification of the transcript or by the Assistant Administrator if made thereafter."], ["50:50:11.0.1.1.1.0.1.17", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.17 Direct testimony.", "NOAA", "", "", "", "(a) Only direct testimony submitted by affidavit as provided in these regulations and introduced at the hearing by a witness shall be considered part of the record. Such direct testimony shall not be read into evidence but shall become a part of the record subject to exclusion of irrelevant and immaterial parts thereof;\n\n(b) The witness introducing direct testimony shall:\n\n(1) State his or her name, address and occupation;\n\n(2) State qualifications for introducing the direct testimony. If an expert, the witness shall briefly state the scientific or technical training which qualifies the witness as an expert;\n\n(3) Identify the direct testimony previously submitted in accordance with these regulations; and\n\n(4) Submit to appropriate cross and direct examination. Cross-examination shall be by a party whose interests are adverse on the issue presented, to the witness', if the witness is a party, or to the interests of the party who presented the witness.\n\n(c) A party shall be deemed to have waived the right to introduce direct testimony if such party fails to present a witness to introduce the direct testimony.\n\n(d) Official notice may be taken of such matters as are judicially noticed by the courts of the United States: Provided, that parties shall be given adequate notice, by the presiding officer, at the hearing, of matters so noticed and shall be given adequate opportunity to show that such facts are inaccurate or are erroneously noticed."], ["50:50:11.0.1.1.1.0.1.18", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.18 Cross-examination.", "NOAA", "", "", "", "(a) The presiding officer may:\n\n(1) Require the cross-examiner to outline the intended scope of the cross-examination;\n\n(2) Prohibit parties from cross-examining witnesses unless the presiding officer has determined that the cross-examiner has an adverse interest on the facts at issue to the party-witness or the party presenting the witness. For the purposes of this subsection, the Assistant Administrator's or his or her representative's interest shall be considered adverse to all parties;\n\n(3) Limit the number of times any party or parties having a common interest may cross-examine an \u201cadverse\u201d witness on the same matter; and\n\n(4) Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious.\n\n(b) Any party shall be given an opportunity to appear, either in person or through an authorized counsel or representative, to cross-examine witnesses. Before cross-examining a witness, the party or counsel shall state his or her name, address and occupation. If counsel cross-examines the witness, counsel shall state for the record the authority to act as counsel. Cross-examiners shall be assumed to be familiar with the direct testimony.\n\n(c) Any party or party's counsel who fails to appear at the hearing to cross-examine an \u201cadverse\u201d witness shall be deemed to have waived the right to cross-examine that witness.\n\n(d) Scientific, technical or commercial publications may only be utilized for the limited purposes of impeaching witnesses under cross-examination unless previously submitted and introduced in accordance with these regulations."], ["50:50:11.0.1.1.1.0.1.19", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.19 Oral and written arguments.", "NOAA", "", "", "", "(a) The presiding officer may, in his or her discretion, provide for oral argument at the end of the hearing. Such argument, when permitted, may be limited by the presiding officer to the extent necessary for the expeditious disposition of the proceeding.\n\n(b) The presiding officer shall announce at the hearing a reasonable period of time within which any interested person may file with the presiding officer any written comments on the proposed regulations and waiver, including proposed findings and conclusions and written arguments or briefs, which are based upon the record and citing where practicable the relevant page or pages of the transcript. If a party filing a brief desires the presiding officer to reconsider any objection made by such party to a ruling of the presiding officer, the party shall specifically identify such rulings by reference to the pertinent pages of the transcript and shall state their arguments thereon as a part of the brief.\n\n(c) Oral or written arguments shall be limited to issues arising from direct testimony on the record."], ["50:50:11.0.1.1.1.0.1.2", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.2 Definitions.", "NOAA", "", "", "", "(a)  Party  means, for the purposes of this subpart:\n\n(1) The Assistant Administrator or the Assistant Administrator's representative;\n\n(2) A person who has notified the Assistant Administrator by specified dates of his or her intent to participate in the hearing pursuant to \u00a7\u00a7 228.5 and 228.14(b).\n\n(b)  Witness  means, for the purpose of this part, any person who submits written direct testimony on the proposed regulations. A person may be both a party and a witness."], ["50:50:11.0.1.1.1.0.1.20", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.20 Recommended decision, certification of the transcript and submission of comments on the recommended decision.", "NOAA", "", "", "", "(a) Promptly after expiration of the period for receiving written briefs, the presiding officer shall make a recommended decision based on the record and transmit the decision to the Assistant Administrator. The recommended decision shall include:\n\n(1) A statement containing a description of the history of the proceedings;\n\n(2) Findings on the issues of fact with the reasons therefor; and\n\n(3) Rulings on issues of law.\n\n(b) The presiding officer shall also transmit to the Assistant Administrator the transcript of the hearing, the original and all copies of the direct testimony, and written comments. The presiding officer shall attach to the original transcript of the hearing a certificate stating that, to the best of his knowledge and belief, the transcript is a true transcript of the testimony given at the hearing except in such particulars as are specified.\n\n(c) Immediately after receipt of the recommended decision, the Assistant Administrator shall give notice thereof in the  Federal Register,  send copies of the recommended decision to all parties, and provide opportunity for the submission of comments. The recommended decision may be reviewed and/or copied in the office of the Assistant Administrator, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.\n\n(d) Within 20 days after the notice of receipt of the recommended decision has been published in the  Federal Register,  any interested person may file with the Assistant Administrator any written comments on the recommended decision. All comments, including recommendations from or consultation with the Marine Mammal Commission, must be submitted during the 20-day period to the Assistant Administrator at the previously mentioned address."], ["50:50:11.0.1.1.1.0.1.21", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.21 Assistant Administrator's decision.", "NOAA", "", "", "", "(a) Upon receipt of the recommended decision and transcript and after the 20-day period for receiving written comments on the recommended decision has passed, the Assistant Administrator shall make a final decision on the proposed regulations and waiver, where applicable. The Assistant Administrator's decision may affirm, modify, or set aside, in whole or in part, the recommended findings, conclusions and decision of the presiding officer. The Assistant Administrator may also remand the hearing record to the presiding officer for a fuller development of the record.\n\n(b) The Assistant Administrator's decision shall include:\n\n(1) A statement containing a description of the history of the proceeding;\n\n(2) Findings on the issues of fact with the reasons therefor; and\n\n(3) Rulings on issues of law.\n\n(4) The Assistant Administrator's decision shall be published in the  Federal Register.  If the waiver is approved, the final adopted regulations shall be promulgated with the decision."], ["50:50:11.0.1.1.1.0.1.3", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.3 Scope of regulations.", "NOAA", "", "", "", "The procedural regulations in this part govern the practice and procedure in hearings held under section 103(d) of the Act. These hearings will be governed by the provisions of 5 U.S.C. 556 and section 557 of the Administrative Procedure Act. The regulations shall be construed to secure the just, speedy and inexpensive determination of all issues raised with respect to any waiver or regulation proposed pursuant to section 103(d) of the Act with full protection for the rights of all persons affected thereby."], ["50:50:11.0.1.1.1.0.1.4", 50, "Wildlife and Fisheries", "II", "C", "228", "PART 228\u2014NOTICE AND HEARING ON SECTION 103(d) REGULATIONS", "", "", "", "\u00a7 228.4 Notice of hearing.", "NOAA", "", "", "", "(a) A notice of hearing on any proposed regulations shall be published in the  Federal Register,  together with the Assistant Administrator's proposed determination to waive the moratorium pursuant to section 101(a)(3)(A) of the Act (16 U.S.C. 1371(a)(3)(A)), where applicable.\n\n(b) The notice shall state:\n\n(1) The nature of the hearing;\n\n(2) The place and date of the hearing. The date shall not be less than 60 days after publication of notice of the hearing;\n\n(3) The legal authority under which the hearing is to be held;\n\n(4) The proposed regulations and waiver, where applicable, and a summary of the statements required by section 103(d) of the Act (16 U.S.C. 1373(d));\n\n(5) Issues of fact which may be involved in the hearing;\n\n(6) If a draft Environmental Impact Statement is required, the date of publication of the draft and the place(s) where the draft and comments thereon may be viewed and copied;\n\n(7) Any written advice received from the Marine Mammal Commission;\n\n(8) The place(s) where records and submitted direct testimony will be kept for public inspection;\n\n(9) The final date for filing with the Assistant Administrator a notice of intent to participate in the hearing pursuant to \u00a7 228.5;\n\n(10) The final date for submission of direct testimony on the proposed regulations and waiver, if applicable, and the number of copies required;\n\n(11) The docket number assigned to the case which shall be used in all subsequent proceedings; 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