{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 55 sorted by section_id", "rows": [["10:10:2.0.1.1.5.1.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.1 Purpose.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 72 FR 49560, Aug. 28, 2007]", "The regulations in this part:\n\n(a) Establish procedures and criteria for the issuance of licenses to operators and senior operators of utilization facilities licensed under the Atomic Energy Act of 1954, as amended, or Section 202 of the Energy Reorganization Act of 1974, as amended, and part 50, part 52, or part 54 of this chapter,\n\n(b) Provide for the terms and conditions upon which the Commission will issue or modify these licenses, and\n\n(c) Provide for the terms and conditions to maintain and renew these licenses."], ["10:10:2.0.1.1.5.1.63.2", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.2 Scope.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 59 FR 5938, Feb. 9, 1994; 72 FR 49560, Aug. 28, 2007]", "The regulations in this part apply to\u2014\n\n(a) Any individual who manipulates the controls of any utilization facility licensed under parts 50, 52, or 54 of this chapter,\n\n(b) Any individual designated by a facility licensee to be responsible for directing any licensed activity of a licensed operator.\n\n(c) Any facility license."], ["10:10:2.0.1.1.5.1.63.3", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.3 License requirements.", "NRC", "", "", "", "A person must be authorized by a license issued by the Commission to perform the function of an operator or a senior operator as defined in this part."], ["10:10:2.0.1.1.5.1.63.4", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.4 Definitions.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 66 FR 52667, Oct. 17, 2001]", "As used in this part:\n\nAct  means the Atomic Energy Act of 1954, including any amendments to the Act.\n\nActively performing the functions of an operator or senior operator  means that an individual has a position on the shift crew that requires the individual to be licensed as defined in the facility's technical specifications, and that the individual carries out and is responsible for the duties covered by that position.\n\nCommission  means the Nuclear Regulatory Commission or its duly authorized representatives.\n\nControls  when used with respect to a nuclear reactor means apparatus and mechanisms the manipulation of which directly affects the reactivity or power level of the reactor.\n\nFacility  means any utilization facility as defined in part 50 of this chapter. In cases for which a license is issued for operation of two or more facilities,  facility  means all facilities identified in the license.\n\nFacility licensee  means an applicant for or holder of a license for a facility.\n\nLicensee  means an individual licensed operator or senior operator.\n\nOperator  means any individual licensed under this part to manipulate a control of a facility.\n\nPerformance testing  means testing conducted to verify a simulation facility's performance as compared to actual or predicted reference plant performance.\n\nPhysician  means an individual licensed by a State or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico to dispense drugs in the practice of medicine.\n\nPlant-referenced simulator  means a simulator modeling the systems of the reference plant with which the operator interfaces in the control room, including operating consoles, and which permits use of the reference plant's procedures.\n\nReference plant  means the specific nuclear power plant from which a simulation facility's control room configuration, system control arrangement, and design data are derived.\n\nSenior operator  means any individual licensed under this part to manipulate the controls of a facility and to direct the licensed activities of licensed operators.\n\nSimulation facility  means one or more of the following components, alone or in combination: used for either the partial conduct of operating tests for operators, senior operators, and license applicants, or to establish on-the-job training and experience prerequisites for operator license eligibility:\n\n(1) A plant-referenced simulator;\n\n(2) A Commission-approved simulator under \u00a7 55.46(b); or\n\n(3) Another simulation device, including part-task and limited scope simulation devices, approved under \u00a7 55.46(b).\n\nSystems approach to training  means a training program that includes the following five elements:\n\n(1) Systematic analysis of the jobs to be performed.\n\n(2) Learning objectives derived from the analysis which describe desired performance after training.\n\n(3) Training design and implementation based on the learning objectives.\n\n(4) Evaluation of trainee mastery of the objectives during training.\n\n(5) Evaluation and revision of the training based on the performance of trained personnel in the job setting.\n\nUnited States,  when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States."], ["10:10:2.0.1.1.5.1.63.5", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.5 Communications.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987]", "(a) Except as provided under a regional licensing program identified in paragraph (b) of this section, an applicant or licensee or facility licensee shall submit any communication or report concerning the regulations in this part and shall submit any application filed under these regulations to the Commission as follows:\n\n(1) By mail addressed to\u2014Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or\n\n(2) By delivery in person to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland, or\n\n(3) Where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at  http://www.nrc.gov/site-help/e-submittals.html ; by e-mail to  MSHD.Resource@nrc.gov ; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information.\n\n(b)(1) The Director, Office of Nuclear Reactor Regulation, has delegated to the Regional Administrators of Regions I, II, III, and IV authority and responsibility under the regulations in this part for the issuance and renewal of licenses for operators and senior operators of nuclear power reactors licensed under 10 CFR part 50 or part 52 of this chapter and located in these regions.\n\n(2) Any application for a license or license renewal filed under the regulations in this part involving a nuclear power reactor licensed under 10 CFR part 50 or part 52 of this chapter and any related inquiry, communication, information, or report must be submitted to the Regional Administrator by an appropriate method listed in paragraph (a) of this section. The Regional Administrator or the Administrator's designee will transmit to the Director, Office of Nuclear Reactor Regulation, any matter that is not within the scope of the Regional Administrator's delegated authority.\n\n(i) If the nuclear power reactor is located in Region I, submissions must be made to the Regional Administrator of Region I. Submissions by mail or hand delivery must be addressed to the Administrator at U.S. Nuclear Regulatory Commission, 475 Allendale Road, Suite 102, King of Prussia, PA 19406-1415; where email is appropriate it should be addressed to  RidsRgn1MailCenter.Resource@nrc.gov.\n\n(ii) If the nuclear power reactor is located in Region II, submissions must be made to the Regional Administrator of Region II. Submissions by mail or hand delivery must be addressed to the Regional Administrator at U.S. Nuclear Regulatory Commission, 245 Peachtree Center Avenue, NE., Suite 1200, Atlanta, Georgia 30303-1257. Where e-mail is appropriate, it should be addressed to  RidsRgn2MailCenter@nrc.gov.\n\n(iii) If the nuclear power reactor is located in Region III, submissions must be made to the Regional Administrator of Region III. Submissions by mail or hand delivery must be addressed to the Administrator at U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352; where e-mail is appropriate it should be addressed to  RidsRgn3MailCenter@nrc.gov.\n\n(iv) If the nuclear power reactor is located in Region IV, submissions must be made to the Regional Administrator of Region IV. Submission by mail or hand delivery must be addressed to the Administrator at U.S. Nuclear Regulatory Commission, 1600 E. Lamar Blvd., Arlington, TX 76011-4511; where email is appropriate, it should be addressed to  RidsRgn4MailCenter@nrc.gov.\n\n(3) Any application for a license or license renewal filed under the regulations in this part and all other submissions involving a utilization facility licensed under part 50 of this chapter that is not a power reactor and any related inquiry, communication, information, or report must be submitted to the Office of Nuclear Reactor Regulation, Director of the Division of Advanced Reactors and Non-Power Production and Utilization Facilities at the NRC's headquarters, by an appropriate method listed in paragraph (a) of this section."], ["10:10:2.0.1.1.5.1.63.6", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.6 Interpretations.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 90 FR 55631, Dec. 3, 2025]", "Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the  Federal Register  announcing its determination and revising or removing this section accordingly."], ["10:10:2.0.1.1.5.1.63.7", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.7 Additional requirements.", "NRC", "", "", "", "The Commission may, by rule, regulation, or order, impose upon any licensee such requirements, in addition to those established in the regulations in this part, as it deems appropriate or necessary to protect health and to minimize danger to life or property."], ["10:10:2.0.1.1.5.1.63.8", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.8 Information collection requirements: OMB approval.", "NRC", "", "", "[62 FR 52188, Oct. 6, 1997, as amended at 64 FR 19878, Apr. 23, 1999; 66 FR 52667, Oct. 17, 2001; 67 FR 67100, Nov. 4, 2002]", "(a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501  et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0018.\n\n(b) The approved information collection requirements contained in this part appear in \u00a7\u00a7 55.11, 55.25, 55.27, 55.31, 55.35, 55.40, 55.41, 55.43, 55.45, 55.47, 55.53, 55.57, and 55.59.\n\n(c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection requirements and the control numbers under which they are approved are as follows:\n\n(1) In \u00a7\u00a7 55.23, 55.25, 55.27, 55.31, NRC Form 396 is approved under control number 3150-0024.\n\n(2) In \u00a7\u00a7 55.31, 55.35, 55.47, and 55.57, NRC Form 398 is approved under control number 3150-0090."], ["10:10:2.0.1.1.5.1.63.9", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.9 Completeness and accuracy of information.", "NRC", "", "", "[52 FR 49372, Dec. 31, 1987]", "Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects."], ["10:10:2.0.1.1.5.2.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "B", "Subpart B\u2014Exemptions", "", "\u00a7 55.11 Specific exemptions.", "NRC", "", "", "", "The Commission may, upon application by an interested person, or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property and are otherwise in the public interest."], ["10:10:2.0.1.1.5.2.63.2", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "B", "Subpart B\u2014Exemptions", "", "\u00a7 55.13 General exemptions.", "NRC", "", "", "", "The regulations in this part do not require a license for an individual who\u2014\n\n(a) Under the direction and in the presence of a licensed operator or senior operator, manipulates the controls of\u2014\n\n(1) A research or training reactor as part of the individual's training as a student, or\n\n(2) A facility as a part of the individual's training in a facility licensee's training program as approved by the Commission to qualify for an operator license under this part.\n\n(b) Under the direction and in the presence of a licensed senior operator, manipulates the controls of a facility to load or unload the fuel into, out of, or within the reactor vessel."], ["10:10:2.0.1.1.5.3.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "C", "Subpart C\u2014Medical Requirements", "", "\u00a7 55.21 Medical examination.", "NRC", "", "", "", "An applicant for a license shall have a medical examination by a physician. A licensee shall have a medical examination by a physician every two years. The physician shall determine that the applicant or licensee meets the requirements of \u00a7 55.33(a)(1)."], ["10:10:2.0.1.1.5.3.63.2", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "C", "Subpart C\u2014Medical Requirements", "", "\u00a7 55.23 Certification.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 53 FR 43421, Oct. 27, 1988; 68 FR 58813, Oct. 10, 2003; 73 FR 30458, May 28, 2008]", "To certify the medical fitness of the applicant, an authorized representative of the facility licensee shall complete and sign NRC Form 396, \u201cCertification of Medical Examination by Facility Licensee,\u201d which can be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling (301) 415-7232, or by visiting the NRC's Web site at  http://www.nrc.gov  and selecting forms from the index found on the home page.\n\n(a) Form NRC-396 must certify that a physician has conducted the medical examination of the applicant as required in \u00a7 55.21.\n\n(b) When the certification requests a conditional license based on medical evidence, the medical evidence must be submitted on NRC Form 396 to the Commission and the Commission then makes a determination in accordance with \u00a7 55.33."], ["10:10:2.0.1.1.5.3.63.3", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "C", "Subpart C\u2014Medical Requirements", "", "\u00a7 55.25 Incapacitation because of disability or illness.", "NRC", "", "", "[60 FR 13617, Mar. 14, 1995]", "If, during the term of the license, the licensee develops a permanent physical or mental condition that causes the licensee to fail to meet the requirements of \u00a7 55.21 of this part, the facility licensee shall notify the Commission, within 30 days of learning of the diagnosis, in accordance with \u00a7 50.74(c). For conditions for which a conditional license (as described in \u00a7 55.33(b) of this part) is requested, the facility licensee shall provide medical certification on Form NRC 396 to the Commission (as described in \u00a7 55.23 of this part)."], ["10:10:2.0.1.1.5.3.63.4", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "C", "Subpart C\u2014Medical Requirements", "", "\u00a7 55.27 Documentation.", "NRC", "", "", "", "The facility licensee shall document and maintain the results of medical qualifications data, test results, and each operator's or senior operator's medical history for the current license period and provide the documentation to the Commission upon request. The facility licensee shall retain this documentation while an individual performs the functions of an operator or senior operator."], ["10:10:2.0.1.1.5.4.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "D", "Subpart D\u2014Applications", "", "\u00a7 55.31 How to apply.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 53 FR 43421, Oct. 27, 1988; 66 FR 52667, Oct. 17, 2001; 68 FR 58813, Oct. 10, 2003; 73 FR 30458, May 28, 2008; 86 FR 43403, Aug. 9, 2021]", "(a) The applicant shall:\n\n(1) Complete NRC Form 398, \u201cPersonal Qualification Statement\u2014Licensee,\u201d which can be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling (301) 415-7232, or by visiting the NRC's Web site at  http://www.nrc.gov  and selecting forms from the index found on the home page;\n\n(2) File an original of NRC Form 398, together with the information required in paragraphs (a)(3), (4), (5) and (6) of this section, with the appropriate Regional Administrator;\n\n(3) Submit a written request from an authorized representative of the facility licensee by which the applicant will be employed that the written examination and operating test be administered to the applicant;\n\n(4) Provide evidence that the applicant has successfully completed the facility licensee's requirements to be licensed as an operator or senior operator and of the facility licensee's need for an operator or a senior operator to perform assigned duties. An authorized representative of the facility licensee shall certify this evidence on Form NRC-398. This certification must include details of the applicant's qualifications, and details on courses of instruction administered by the facility licensee, and describe the nature of the training received at the facility, and the startup and shutdown experience received. In lieu of these details, the Commission may accept certification that the applicant has successfully completed a Commission-approved training program that is based on a systems approach to training and that uses a simulation facility acceptable to the Commission under \u00a7 55.45(b) of this part;\n\n(5) Provide evidence that the applicant, as a trainee, has successfully manipulated the controls of either the facility for which a license is sought or a plant-referenced simulator that meets the requirements of \u00a7 55.46(c). At a minimum, five significant control manipulations must be performed that affect reactivity or power level. Control manipulations performed on the plant-referenced simulator may be chosen from a representative sampling of the control manipulations and plant evolutions described in \u00a7 55.59(c)(3)(i)(A-F), (R), (T), (W), and (X) of this part, as applicable to the design of the plant for which the license application is submitted. For licensed operators applying for a senior operator license, certification that the operator has successfully operated the controls of the facility as a licensed operator shall be accepted; and\n\n(6) Provide certification by the facility licensee of medical condition and general health on Form NRC-396, to comply with \u00a7\u00a7 55.21, 55.23 and 55.33(a)(1).\n\n(b) The Commission may at any time after the application has been filed, and before the license has expired, require further information under oath or affirmation in order to enable it to determine whether to grant or deny the application or whether to revoke, modify, or suspend the license.\n\n(c) An applicant whose application has been denied because of a medical condition or general health may submit a further medical report at any time as a supplement to the application.\n\n(d) Each application and statement must contain complete and accurate disclosure as to all matters required to be disclosed. The applicant shall sign statements required by paragraphs (a) (1) and (2) of this section."], ["10:10:2.0.1.1.5.4.63.2", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "D", "Subpart D\u2014Applications", "", "\u00a7 55.33 Disposition of an initial application.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 86 FR 67843, Nov. 30, 2021]", "(a)  Requirements for the approval of an initial application.  The Commission will approve an initial application for a license pursuant to the regulations in this part, if it finds that\u2014\n\n(1)  Health.  The applicant's medical condition and general health will not adversely affect the performance of assigned operator job duties or cause operational errors endangering public health and safety. The Commission will base its finding upon the certification by the facility licensee as detailed in \u00a7 55.23.\n\n(2)  Written examination and operating test.  The applicant has passed the requisite written examination and operating test in accordance with \u00a7\u00a7 55.41 and 55.45 or 55.43 and 55.45. These examinations and tests determine whether the applicant for an operator's license has learned to operate a facility competently and safely, and additionally, in the case of a senior operator, whether the applicant has learned to direct the licensed activities of licensed operators competently and safely.\n\n(b)  Conditional license.  If an applicant's general medical condition does not meet the minimum standards under \u00a7 55.33(a)(1) of this part, the Commission may approve the application and include conditions in the license to accommodate the medical defect. The Commission will consider the recommendations and supporting evidence of the facility licensee and of the examining physician (provided on Form NRC-396) in arriving at its decision."], ["10:10:2.0.1.1.5.4.63.3", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "D", "Subpart D\u2014Applications", "", "\u00a7 55.35 Re-applications.", "NRC", "", "", "", "(a) An applicant whose application for a license has been denied because of failure to pass the written examination or operating test, or both, may file a new application two months after the date of denial. The application must be submitted on Form NRC-398 and include a statement signed by an authorized representative of the facility licensee by whom the applicant will be employed that states in detail the extent of the applicant's additional training since the denial and certifies that the applicant is ready for re-examination. An applicant may file a third application six months after the date of denial of the second application, and may file further successive applications two years after the date of denial of each prior application. The applicant shall submit each successive application on Form NRC-398 and include a statement of additional training.\n\n(b) An applicant who has passed either the written examination or operating test and failed the other may request in a new application on Form NRC-398 to be excused from re-examination on the portions of the examination or test which the applicant has passed. The Commission may in its discretion grant the request, if it determines that sufficient justification is presented."], ["10:10:2.0.1.1.5.5.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "E", "Subpart E\u2014Written Examinations and Operating Tests", "", "\u00a7 55.40 Implementation.", "NRC", "", "", "[64 FR 19878, Apr. 23, 1999, as amended at 69 FR 76600, Dec. 22, 2004; 79 FR 66604, Nov. 10, 2014; 80 FR 45844, Aug. 3, 2015; 80 FR 74980, Dec. 1, 2015; 89 FR 106252, Dec. 30, 2024]", "(a) The Commission shall use the criteria in NUREG-1021, \u201cOperator Licensing Examination Standards for Power Reactors,\u201d \n 1 \n   in effect six months before the examination date to prepare the written examinations required by \u00a7\u00a7 55.41 and 55.43 and the operating tests required by \u00a7 55.45. The Commission shall also use the criteria in NUREG-1021 to evaluate the written examinations and operating tests prepared by power reactor facility licensees pursuant to paragraph (b) of this section.\n\n1  Copies of NUREGs may be purchased from the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box 38082, Washington, DC 20402-9328. Copies are also available from the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312. A copy is available for inspection and/or copying in the NRC Public Document Room, One White Flint North, 11555 Rockville Pike (O-1 F21), Rockville, MD.\n\n(b) Power reactor facility licensees may prepare, proctor, and grade the written examinations required by \u00a7\u00a7 55.41 and 55.43 and may prepare the operating tests required by \u00a7 55.45, subject to the following conditions:\n\n(1) Power reactor facility licensees shall prepare the required examinations and tests in accordance with the criteria in NUREG-1021 as described in paragraph (a) of this section;\n\n(2) Pursuant to \u00a7 55.49, power reactor facility licensees shall establish, implement, and maintain procedures to control examination security and integrity;\n\n(3) An authorized representative of the power reactor facility licensee shall approve the required examinations and tests before they are submitted to the Commission for review and approval; and\n\n(4) Power reactor facility licensees must receive Commission approval of their proposed written examinations and operating tests.\n\n(c) In lieu of paragraph (b) of this section and upon written request from a power reactor facility licensee pursuant to \u00a7 55.31(a)(3), the Commission shall, for that facility licensee, prepare, proctor, and grade, the written examinations required by \u00a7\u00a7 55.41 and 55.43 and the operating tests required by \u00a7 55.45. In addition, the Commission may exercise its discretion and reject a power reactor facility licensee's determination to elect paragraph (b) of this section, in which case the Commission shall prepare, proctor, and grade the required written examinations and operating tests for that facility licensee.\n\n(d) The Commission shall use the criteria in NUREG-1478, \u201cOperator Licensing Examiner Standards for Research and Test Reactors,\u201d for all non-power reactors to prepare, proctor, and grade the written examinations required by \u00a7\u00a7 55.41 and 55.43 and the operating tests required by \u00a7 55.45 for non-power reactor facility licensees."], ["10:10:2.0.1.1.5.5.63.2", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "E", "Subpart E\u2014Written Examinations and Operating Tests", "", "\u00a7 55.41 Written examination: Operators.", "NRC", "", "", "", "(a)  Content.  The written examination for an operator will contain a representative selection of questions on the knowledge, skills, and abilities needed to perform licensed operator duties. The knowledge, skills, and abilities will be identified, in part, from learning objectives derived from a systematic analysis of licensed operator duties performed by each facility licensee and contained in its training program and from information in the Final Safety Analysis Report, system description manuals and operating procedures, facility license and license amendments, Licensee Event Reports, and other materials requested from the facility licensee by the Commission.\n\n(b) The written examination for an operator for a facility will include a representative sample from among the following 14 items, to the extent applicable to the facility.\n\n(1) Fundamentals of reactor theory, including fission process, neutron multiplication, source effects, control rod effects, criticality indications, reactivity coefficients, and poison effects.\n\n(2) General design features of the core, including core structure, fuel elements, control rods, core instrumentation, and coolant flow.\n\n(3) Mechanical components and design features of the reactor primary system.\n\n(4) Secondary coolant and auxiliary systems that affect the facility.\n\n(5) Facility operating characteristics during steady state and transient conditions, including coolant chemistry, causes and effects of temperature, pressure and reactivity changes, effects of load changes, and operating limitations and reasons for these operating characteristics.\n\n(6) Design, components, and functions of reactivity control mechanisms and instrumentation.\n\n(7) Design, components, and functions of control and safety systems, including instrumentation, signals, interlocks, failure modes, and automatic and manual features.\n\n(8) Components, capacity, and functions of emergency systems.\n\n(9) Shielding, isolation, and containment design features, including access limitations.\n\n(10) Administrative, normal, abnormal, and emergency operating procedures for the facility.\n\n(11) Purpose and operation of radiation monitoring systems, including alarms and survey equipment.\n\n(12) Radiological safety principles and procedures.\n\n(13) Procedures and equipment available for handling and disposal of radioactive materials and effluents.\n\n(14) Principles of heat transfer thermodynamics and fluid mechanics."], ["10:10:2.0.1.1.5.5.63.3", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "E", "Subpart E\u2014Written Examinations and Operating Tests", "", "\u00a7 55.43 Written examination: Senior operators.", "NRC", "", "", "", "(a)  Content.  The written examination for a senior operator will contain a representative selection of questions on the knowledge, skills, and abilities needed to perform licensed senior operator duties. The knowledge, skills, and abilities will be identified, in part, from learning objectives derived from a systematic analysis of licensed senior operator duties performed by each facility licensee and contained in its training program and from information in the Final Safety Analysis Report, system description manuals and operating procedures, facility license and license amendments, Licensee Event Reports, and other materials requested from the facility licensee by the Commission.\n\n(b) The written examination for a senior operator for a facility will include a representative sample from among the following seven items and the 14 items specified in \u00a7 55.41 of this part, to the extent applicable to the facility:\n\n(1) Conditions and limitations in the facility license.\n\n(2) Facility operating limitations in the technical specifications and their bases.\n\n(3) Facility licensee procedures required to obtain authority for design and operating changes in the facility.\n\n(4) Radiation hazards that may arise during normal and abnormal situations, including maintenance activities and various contamination conditions.\n\n(5) Assessment of facility conditions and selection of appropriate procedures during normal, abnormal, and emergency situations.\n\n(6) Procedures and limitations involved in initial core loading, alterations in core configuration, control rod programming, and determination of various internal and external effects on core reactivity.\n\n(7) Fuel handling facilities and procedures."], ["10:10:2.0.1.1.5.5.63.4", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "E", "Subpart E\u2014Written Examinations and Operating Tests", "", "\u00a7 55.45 Operating tests.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 53 FR 43421, Oct. 27, 1988; 62 FR 59276, Nov. 3, 1997; 66 FR 52667, Oct. 17, 2001]", "(a)  Content.  The operating tests administered to applicants for operator and senior operator licenses in accordance with paragraph (b)(1) of this section are generally similar in scope. The content will be identified, in part, from learning objectives derived from a systematic analysis of licensed operator or senior operator duties performed by each facility licensee and contained in its training program and from information in the Final Safety Analysis Report, system description manuals and operating procedures, facility license and license amendments, Licensee Event Reports, and other materials requested from the facility licensee by the Commission. The operating test, to the extent applicable, requires the applicant to demonstrate an understanding of and the ability to perform the actions necessary to accomplish a representative sample from among the following 13 items.\n\n(1) Perform pre-startup procedures for the facility, including operating of those controls associated with plant equipment that could affect reactivity.\n\n(2) Manipulate the console controls as required to operate the facility between shutdown and designated power levels.\n\n(3) Identify annunciators and condition-indicating signals and perform appropriate remedial actions where appropriate.\n\n(4) Identify the instrumentation systems and the significance of facility instrument readings.\n\n(5) Observe and safely control the operating behavior characteristics of the facility.\n\n(6) Perform control manipulations required to obtain desired operating results during normal, abnormal, and emergency situations.\n\n(7) Safely operate the facility's heat removal systems, including primary coolant, emergency coolant, and decay heat removal systems, and identify the relations of the proper operation of these systems to the operation of the facility.\n\n(8) Safely operate the facility's auxiliary and emergency systems, including operation of those controls associated with plant equipment that could affect reactivity or the release of radioactive materials to the environment.\n\n(9) Demonstrate or describe the use and function of the facility's radiation monitoring systems, including fixed radiation monitors and alarms, portable survey instruments, and personnel monitoring equipment.\n\n(10) Demonstrate knowledge of significant radiation hazards, including permissible levels in excess of those authorized, and ability to perform other procedures to reduce excessive levels of radiation and to guard against personnel exposure.\n\n(11) Demonstrate knowledge of the emergency plan for the facility, including, as appropriate, the operator's or senior operator's responsibility to decide whether the plan should be executed and the duties under the plan assigned.\n\n(12) Demonstrate the knowledge and ability as appropriate to the assigned position to assume the responsibilities associated with the safe operation of the facility.\n\n(13) Demonstrate the applicant's ability to function within the control room team as appropriate to the assigned position, in such a way that the facility licensee's procedures are adhered to and that the limitations in its license and amendments are not violated.\n\n(b)  Implementation\u2014Administration.  The operating test will be administered in a plant walkthrough and in either\u2014\n\n(1) A simulation facility that the Commission has approved for use after application has been made by the facility licensee under \u00a7 55.46(b);\n\n(2) A plant-referenced simulator (\u00a7 55.46(c)); or\n\n(3) The plant, if approved for use in the administration of the operating test by the Commission under \u00a7 55.46(b)."], ["10:10:2.0.1.1.5.5.63.5", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "E", "Subpart E\u2014Written Examinations and Operating Tests", "", "\u00a7 55.46 Simulation facilities.", "NRC", "", "", "[66 FR 52667, Oct. 17, 2001]", "(a)  General.  This section addresses the use of a simulation facility for the administration of the operating test and plant-referenced simulators to meet experience requirements for applicants for operator and senior operator licenses.\n\n(b)  Commission-approved simulation facilities and Commission approval of use of the plant in the administration of the operating test.  (1) Facility licensees that propose to use a simulation facility, other than a plant-referenced simulator, or the plant in the administration of the operating test under \u00a7\u00a7 55.45(b)(1) or 55.45(b)(3), shall request approval from the Commission. This request must include:\n\n(i) A description of the components of the simulation facility intended to be used, or the way the plant would be used for each part of the operating test, unless previously approved; and\n\n(ii) A description of the performance tests for the simulation facility as part of the request, and the results of these tests; and\n\n(iii) A description of the procedures for maintaining examination and test integrity consistent with the requirements of \u00a7 55.49.\n\n(2) The Commission will approve a simulation facility or use of the plant for administration of operating tests if it finds that the simulation facility and its proposed use, or the proposed use of the plant, are suitable for the conduct of operating tests for the facility licensee's reference plant under \u00a7 55.45(a).\n\n(c)  Plant-referenced simulators.  (1) A plant-referenced simulator used for the administration of the operating test or to meet experience requirements in \u00a7 55.31(a)(5) must demonstrate expected plant response to operator input and to normal, transient, and accident conditions to which the simulator has been designed to respond. The plant-referenced simulator must be designed and implemented so that it:\n\n(i) Is sufficient in scope and fidelity to allow conduct of the evolutions listed in \u00a7\u00a7 55.45(a)(1) through (13), and 55.59(c)(3)(i)(A) through (AA), as applicable to the design of the reference plant.\n\n(ii) Allows for the completion of control manipulations for operator license applicants.\n\n(2) Facility licensees that propose to use a plant-referenced simulator to meet the control manipulation requirements in \u00a7 55.31(a)(5) must ensure that:\n\n(i) The plant-referenced simulator utilizes models relating to nuclear and thermal-hydraulic characteristics that replicate the most recent core load in the nuclear power reference plant for which a license is being sought; and\n\n(ii) Simulator fidelity has been demonstrated so that significant control manipulations are completed without procedural exceptions, simulator performance exceptions, or deviation from the approved training scenario sequence.\n\n(3) A simulation facility consisting solely of a plant-referenced simulator must meet the requirements of paragraph (c)(1) of this section and the criteria in paragraphs (d)(1) and (4) of this section for the Commission to accept the plant-referenced simulator for conducting operating tests as described in \u00a7 55.45(a) of this part, requalification training as described in \u00a7 55.59(c)(3) of this part, or for performing control manipulations that affect reactivity to establish eligibility for an operator's license as described in \u00a7 55.31(a)(5).\n\n(d)  Continued assurance of simulator fidelity.  Facility licensees that maintain a simulation facility shall:\n\n(1) Conduct performance testing throughout the life of the simulation facility in a manner sufficient to ensure that paragraphs (c)(2)(ii), as applicable, and (d)(3) of this section are met. The results of performance tests must be retained for four years after the completion of each performance test or until superseded by updated test results;\n\n(2) Correct modeling and hardware discrepancies and discrepancies identified from scenario validation and from performance testing;\n\n(3) Make results of any uncorrected performance test failures that may exist at the time of the operating test or requalification program inspection available for NRC review, prior to or concurrent with preparations for each operating test or requalification program inspection; and\n\n(4) Maintain the provisions for license application, examination, and test integrity consistent with \u00a7 55.49."], ["10:10:2.0.1.1.5.5.63.6", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "E", "Subpart E\u2014Written Examinations and Operating Tests", "", "\u00a7 55.47 Waiver of examination and test requirements.", "NRC", "", "", "", "(a) On application, the Commission may waive any or all of the requirements for a written examination and operating test, if it finds that the applicant\u2014\n\n(1) Has had extensive actual operating experience at a comparable facility, as determined by the Commission, within two years before the date of application;\n\n(2) Has discharged his or her responsibilities competently and safely and is capable of continuing to do so; and\n\n(3) Has learned the operating procedures for and is qualified to operate competently and safely the facility designated in the application.\n\n(b) The Commission may accept as proof of the applicant's past performance a certification of an authorized representative of the facility licensee or of a holder of an authorization by which the applicant was previously employed. The certification must contain a description of the applicant's operating experience, including an approximate number of hours the applicant operated the controls of the facility, the duties performed, and the extent of the applicant's responsibility.\n\n(c) The Commission may accept as proof of the applicant's current qualifications a certification of an authorized representative of the facility licensee or of a holder of an authorization where the applicant's services will be utilized."], ["10:10:2.0.1.1.5.5.63.7", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "E", "Subpart E\u2014Written Examinations and Operating Tests", "", "\u00a7 55.49 Integrity of examinations and tests.", "NRC", "", "", "[64 FR 19878, Apr. 23, 1999]", "Applicants, licensees, and facility licensees shall not engage in any activity that compromises the integrity of any application, test, or examination required by this part. The integrity of a test or examination is considered compromised if any activity, regardless of intent, affected, or, but for detection, would have affected the equitable and consistent administration of the test or examination. This includes activities related to the preparation and certification of license applications and all activities related to the preparation, administration, and grading of the tests and examinations required by this part."], ["10:10:2.0.1.1.5.6.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "F", "Subpart F\u2014Licenses", "", "\u00a7 55.51 Issuance of licenses.", "NRC", "", "", "", "Operator and senior operator licenses.  If the Commission determines that an applicant for an operator license or a senior operator license meets the requirements of the Act and its regulations, it will issue a license in the form and containing any conditions and limitations it considers appropriate and necessary."], ["10:10:2.0.1.1.5.6.63.2", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "F", "Subpart F\u2014Licenses", "", "\u00a7 55.53 Conditions of licenses.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 56 FR 32070, July 15, 1991; 74 FR 45545, Sept. 3, 2009; 79 FR 66604, Nov. 10, 2014; 89 FR 106253, Dec. 30, 2024]", "Each license contains and is subject to the following conditions whether stated in the license or not:\n\n(a) Neither the license nor any right under the license may be assigned or otherwise transferred.\n\n(b) The license is limited to the facility for which it is issued.\n\n(c) The license is limited to those controls of the facility specified in the license.\n\n(d) The license is subject to, and the licensee shall observe, all applicable rules, regulations, and orders of the Commission.\n\n(e) If a licensee has not been actively performing the functions of an operator or senior operator, the licensee may not resume activities authorized by a license issued under this part except as permitted by paragraph (f) of this section. To maintain active status, the licensee shall actively perform the functions of an operator or senior operator on a minimum of seven 8-hour or five 12-hour shifts per calendar quarter. For non-power reactors, the licensee shall actively perform the functions of an operator or senior operator for a minimum of four hours per calendar quarter.\n\n(f) If paragraph (e) of this section is not met, before resumption of functions authorized by a license issued under this part, an authorized representative of the facility licensee shall certify the following:\n\n(1) That the qualifications and status of the licensee are current and valid; and\n\n(2) That the licensee has completed a minimum of 40 hours of shift functions under the direction of an operator or senior operator as appropriate and in the position to which the individual will be assigned. The 40 hours must have included a complete tour of the plant and all required shift turnover procedures. For senior operators limited to fuel handling under paragraph (c) of this section, one shift must have been completed. For non-power reactors, a minimum of six hours must have been completed.\n\n(g) The licensee shall notify the Commission within 30 days about a conviction for a felony.\n\n(h) The licensee shall complete a requalification program as described by \u00a7 55.59.\n\n(i) The licensee shall have a biennial medical examination.\n\n(j) The licensee shall not consume or ingest alcoholic beverages within the protected area of power reactors, or the controlled access area of utilization facilities licensed under 10 CFR part 50 that are not power reactors. The licensee shall not use, possess, or sell any illegal drugs. The licensee shall not perform activities authorized by a license issued under this part while under the influence of alcohol or any prescription, over-the-counter, or illegal substance that could adversely affect his or her ability to safely and competently perform his or her licensed duties. For the purpose of this paragraph, with respect to alcoholic beverages and drugs, the term \u201cunder the influence\u201d means the licensee exceeded, as evidenced by a confirmed test result, the lower of the cutoff levels for drugs or alcohol contained in subparts E, F, and G of part 26 of this chapter, or as established by the facility licensee. The term \u201cunder the influence\u201d also means the licensee could be mentally or physically impaired as a result of substance use including prescription and over-the-counter drugs, as determined under the provisions, policies, and procedures established by the facility licensee for its fitness-for-duty program, in such a manner as to adversely affect his or her ability to safely and competently perform licensed duties.\n\n(k) Each licensee at power reactors shall participate in the drug and alcohol testing programs established pursuant to 10 CFR part 26. Each licensee at utilization facilities licensed under 10 CFR part 50 that are not power reactors shall participate in any drug and alcohol testing program that may be established for that facility.\n\n(l) The licensee shall comply with any other conditions that the Commission may impose to protect health or to minimize danger to life or property."], ["10:10:2.0.1.1.5.6.63.3", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "F", "Subpart F\u2014Licenses", "", "\u00a7 55.55 Expiration.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 79 FR 66605, Nov. 10, 2014]", "(a) Each operator license and senior operator license expires six years after the date of issuance, upon termination of employment with the facility licensee, or upon determination by the facility licensee that the licensed individual no longer needs to maintain a license.\n\n(b) If a licensee files an application for renewal or an upgrade of an existing license on Form NRC-398 at least 30 days before the expiration of the existing license, it does not expire until disposition of the application for renewal or for an upgraded license has been finally determined by the Commission. Filing by mail will be deemed to be complete at the time the application is deposited in the mail."], ["10:10:2.0.1.1.5.6.63.4", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "F", "Subpart F\u2014Licenses", "", "\u00a7 55.57 Renewal of licenses.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 59 FR 5938, Feb. 9, 1994; 68 FR 58813, Oct. 10, 2003]", "(a) The applicant for renewal of a license shall\u2014\n\n(1) Complete and sign Form NRC-398 and include the number of the license for which renewal is sought.\n\n(2) File an original of NRC Form 398 with the appropriate Regional Administrator specified in \u00a7 55.5(b).\n\n(3) Provide written evidence of the applicant's experience under the existing license and the approximate number of hours that the licensee has operated the facility.\n\n(4) Provide a statement by an authorized representative of the facility licensee that during the effective term of the current license the applicant has satisfactorily completed the requalification program for the facility for which operator or senior operator license renewal is sought.\n\n(5) Provide evidence that the applicant has discharged the license responsibilities competently and safely. The Commission may accept as evidence of the applicant's having met this requirement a certificate of an authorized representative of the facility licensee or holder of an authorization by which the licensee has been employed.\n\n(6) Provide certification by the facility licensee of medical condition and general health on Form NRC-396, to comply with \u00a7\u00a7 55.21, 55.23 and 55.27.\n\n(b) The license will be renewed if the Commission finds that\u2014\n\n(1) The medical condition and the general health of the licensee continue to be such as not to cause operational errors that endanger public health and safety. The Commission will base this finding upon the certification by the facility licensee as described in \u00a7 55.23.\n\n(2) The licensee\u2014\n\n(i) Is capable of continuing to competently and safely assume licensed duties;\n\n(ii) Has successfully completed a requalification program that has been approved by the Commission as required by \u00a7 55.59; and\n\n(iii) Has passed the requalification examinations and annual operating tests as required by \u00a7 55.59.\n\n(3) There is a continued need for a licensee to operate or for a senior operator to direct operators at the facility designated in the application.\n\n(4) The past performance of the licensee has been satisfactory to the Commission. In making its finding, the Commission will include in its evaluation information such as notices of violations or letters of reprimand in the licensee's docket."], ["10:10:2.0.1.1.5.6.63.5", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "F", "Subpart F\u2014Licenses", "", "\u00a7 55.59 Requalification.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 59 FR 5938, Feb. 9, 1994; 66 FR 52668, Oct. 17, 2001, 81 FR 86909, Dec. 2, 2016; 89 FR 106253, Dec. 30, 2024]", "(a)  Requalification requirements.  Each licensee shall\u2014\n\n(1) Successfully complete a requalification program developed by the facility licensee that has been approved by the Commission. This program shall be conducted for a continuous period not to exceed 24 months in duration.\n\n(2) Pass a comprehensive requalification written examination and an annual operating test.\n\n(i) The written examination will sample the items specified in \u00a7\u00a7 55.41 and 55.43 of this part, to the extent applicable to the facility, the licensee, and any limitation of the license under \u00a7 55.53(c) of this part.\n\n(ii) The operating test will require the operator or senior operator to demonstrate an understanding of and the ability to perform the actions necessary to accomplish a comprehensive sample of items specified in \u00a7 55.45(a) (2) through (13) inclusive to the extent applicable to the facility.\n\n(iii) In lieu of the Commission accepting a certification by the facility licensee that the licensee has passed written examinations and operating tests administered by the facility licensee within its Commission-approved program developed by using a systems approach to training under paragraph (c) of this section, the Commission may administer a comprehensive requalification written examination and an annual operating test.\n\n(b)  Additional training.  If the requirements of paragraphs (a) (1) and (2) of this section are not met, the Commission may require the licensee to complete additional training and to submit evidence to the Commission of successful completion of this training before returning to licensed duties.\n\n(c)  Requalification program requirements.  A facility licensee shall have a requalification program reviewed and approved by the Commission and shall, upon request consistent with the Commission's inspection program needs, submit to the Commission a copy of its comprehensive requalification written examinations or annual operating tests. The requalification program must meet the requirements of paragraphs (c) (1) through (7) of this section. In lieu of paragraphs (c) (2), (3), and (4) of this section, the Commission may approve a program developed by using a systems approach to training.\n\n(1)  Schedule.  The requalification program must be conducted for a continuous period not to exceed two years, and upon conclusion must be promptly followed, pursuant to a continuous schedule, by successive requalification programs.\n\n(2)  Lectures.  The requalification program must include preplanned lectures on a regular and continuing basis throughout the license period in those areas where operator and senior operator written examinations and facility operating experience indicate that emphasis in scope and depth of coverage is needed in the following subjects:\n\n(i) Theory and principles of operation.\n\n(ii) General and specific plant operating characteristics.\n\n(iii) Plant instrumentation and control systems.\n\n(iv) Plant protection systems.\n\n(v) Engineered safety systems.\n\n(vi) Normal, abnormal, and emergency operating procedures.\n\n(vii) Radiation control and safety.\n\n(viii) Technical specifications.\n\n(ix) Applicable portions of title 10, chapter I, Code of Federal Regulations.\n\n(3)  On-the-job training.  The requalification program must include on-the-job training so that\u2014\n\n(i) Each licensed operator of a utilization facility manipulates the plant controls and each licensed senior operator either manipulates the controls or directs the activities of individuals during plant control manipulations during the term of the licensed operator's or senior operator's license. For reactor operators and senior operators, these manipulations must consist of the following control manipulations and plant evolutions if they are applicable to the plant design. Items described in paragraphs (c)(3)(i) (A) through (L) of this section must be performed annually; all other items must be performed on a two-year cycle. However, the requalification programs must contain a commitment that each individual shall perform or participate in a combination of reactivity control manipulations based on the availability of plant equipment and systems. Those control manipulations which are not performed at the plant may be performed on a simulator. The use of the Technical Specifications should be maximized during the simulator control manipulations. Senior operator licensees are credited with these activities if they direct control manipulations as they are performed.\n\n(A) Plant or reactor startups to include a range that reactivity feedback from nuclear heat addition is noticeable and heatup rate is established.\n\n(B) Plant shutdown.\n\n(C) Manual control of steam generators or feedwater or both during startup and shutdown.\n\n(D) Boration or dilution during power operation.\n\n(E) Significant (\u226510 percent) power changes in manual rod control or recirculation flow.\n\n(F) Reactor power change of 10 percent or greater where load change is performed with load limit control or where flux, temperature, or speed control is on manual (for HTGR).\n\n(G) Loss of coolant, including\u2014\n\n( 1 ) Significant PWR steam generator leaks\n\n( 2 ) Inside and outside primary containment\n\n( 3 ) Large and small, including leak-rate determination\n\n( 4 ) Saturated reactor coolant response (PWR).\n\n(H) Loss of instrument air (if simulated plant specific).\n\n(I) Loss of electrical power (or degraded power sources).\n\n(J) Loss of core coolant flow/natural circulation.\n\n(K) Loss of feedwater (normal and emergency).\n\n(L) Loss of service water, if required for safety.\n\n(M) Loss of shutdown cooling.\n\n(N) Loss of component cooling system or cooling to an individual component.\n\n(O) Loss of normal feedwater or normal feedwater system failure.\n\n(P) Loss of condenser vacuum.\n\n(Q) Loss of protective system channel.\n\n(R) Mispositioned control rod or rods (or rod drops).\n\n(S) Inability to drive control rods.\n\n(T) Conditions requiring use of emergency boration or standby liquid control system.\n\n(U) Fuel cladding failure or high activity in reactor coolant or offgas.\n\n(V) Turbine or generator trip.\n\n(W) Malfunction of an automatic control system that affects reactivity.\n\n(X) Malfunction of reactor coolant pressure/volume control system.\n\n(Y) Reactor trip.\n\n(Z) Main steam line break (inside or outside containment).\n\n(AA) A nuclear instrumentation failure.\n\n(ii) Each licensed operator and senior operator has demonstrated satisfactory understanding of the operation of the apparatus and mechanisms associated with the control manipulations in paragraph (c)(3)(i) of this section, and knows the operating procedures in each area for which the operator or senior operator is licensed.\n\n(iii) Each licensed operator and senior operator is cognizant of facility design changes, procedure changes, and facility license changes.\n\n(iv) Each licensed operator and senior operator reviews the contents of all abnormal and emergency procedures on a regularly scheduled basis.\n\n(v) A simulator may be used in meeting the requirements of paragraphs (c) (3)(i) and (3)(ii) of this section, if it reproduces the general operating characteristics of the facility involved and the arrangement of the instrumentation and controls of the simulator is similar to that of the facility involved. If the simulator or simulation device is used to administer operating tests for a facility, as provided in \u00a7 55.45(b)(1), the device approved to meet the requirements of \u00a7 55.45(b)(1) must be used for credit to be given for meeting the requirements of paragraphs (c)(3)(i) (G through AA) of this section.\n\n(4)  Evaluation.  The requalification program must include\u2014\n\n(i) Comprehensive requalification written examinations and annual operating tests which determine areas in which retraining is needed to upgrade licensed operator and senior operator knowledge.\n\n(ii) Written examinations which determine licensed operators' and senior operators' knowledge of subjects covered in the requalification program and provide a basis for evaluating their knowledge of abnormal and emergency procedures.\n\n(iii) Systematic observation and evaluation of the performance and competency of licensed operators and senior operators by supervisors and/or training staff members, including evaluation of actions taken or to be taken during actual or simulated abnormal and emergency procedures.\n\n(iv) Simulation of emergency or abnormal conditions that may be accomplished by using the control panel of the facility involved or by using a simulator. When the control panel of the facility is used for simulation, the actions taken or to be taken for the emergency or abnormal condition shall be discussed; actual manipulation of the plant controls is not required. If a simulator is used in meeting the requirements of paragraph (c)(4)(iii) of this section, it must accurately reproduce the operating characteristics of the facility involved and the arrangement of the instrumentation and controls of the simulator must closely parallel that of the facility involved. After the provisions of \u00a7 55.46 have been implemented at a facility, the Commission approved or plant-referenced simulator must be used to comply with this paragraph.\n\n(v) Provisions for each licensed operator and senior operator to participate in an accelerated requalification program where performance evaluations conducted pursuant to paragraphs (c)(4) (i) through (iv) of this section clearly indicated the need.\n\n(5)  Records.  The requalification program documentation must include the following:\n\n(i) The facility licensee shall maintain records documenting the participation of each licensed operator and senior operator in the requalification program. The records must contain copies of written examinations administered, the answers given by the licensee, and the results of evaluations and documentation of operating tests and of any additional training administered in areas in which an operator or senior operator has exhibited deficiencies. The facility licensee shall retain these records until the operator's or senior operator's license is renewed.\n\n(ii) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period.\n\n(iii) If there is a conflict between the Commission's regulations in this part, and any license condition, or other written Commission approval or authorization pertaining to the retention period for the same type of record, the retention period specified for these records by the regulations in this part apply unless the Commission, pursuant to \u00a7 55.11, grants a specific exemption from this record retention requirement.\n\n(6)  Alternative training programs.  The requirements of this section may be met by requalification programs conducted by persons other than the facility licensee if the requalification programs are similar to the program described in paragraphs (c) (1) through (5) of this section and the alternative program has been approved by the Commission.\n\n(7)  Applicability to utilization facilities licensed under 10 CFR part 50 that are not power reactors.  To accommodate specialized modes of operation and differences in control, equipment, and operator skills and knowledge, the requalification program for each licensed operator and senior operator of a utilization facility licensed under 10 CFR part 50 that is not a power reactor must conform generally but need not be identical to the requalification program outlined in paragraphs (c) (1) through (6) of this section. Significant deviations from the requirements of paragraphs (c) (1) through (6) of this section will be permitted only if supported by written justification and approved by the Commission."], ["10:10:2.0.1.1.5.7.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "G", "Subpart G\u2014Modification and Revocation of Licenses", "", "\u00a7 55.61 Modification and revocation of licenses.", "NRC", "", "", "[52 FR 9460, Mar. 25, 1987, as amended at 56 FR 32070, July 15, 1991; 89 FR 106253, Dec. 30, 2024]", "(a) The terms and conditions of all licenses are subject to amendment, revision, or modification by reason of rules, regulations, or orders issued in accordance with the Act or any amendments thereto.\n\n(b) Any license may be revoked, suspended, or modified, in whole or in part:\n\n(1) For any material false statement in the application or in any statement of fact required under section 182 of the Act,\n\n(2) Because of conditions revealed by the application or statement of fact or any report, record, inspection or other means that would warrant the Commission to refuse to grant a license on an original application,\n\n(3) For willful violation of, or failure to observe any of the terms and conditions of the Act, or the license, or of any rule, regulation, or order of the Commission, or\n\n(4) For any conduct determined by the Commission to be a hazard to safe operation of the facility.\n\n(5) For the sale, use or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites, or alcohol in violation of the conditions and cutoff levels established by \u00a7 55.53(j) or the consumption of alcoholic beverages within the protected area of power reactors or the controlled access area of utilization facilities licensed under 10 CFR part 50 that are not power reactors, or a determination of unfitness for scheduled work as a result of the consumption of alcoholic beverages."], ["10:10:2.0.1.1.5.8.63.1", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "H", "Subpart H\u2014Enforcement", "", "\u00a7 55.71 Violations.", "NRC", "", "", "[57 FR 55076, Nov. 24, 1992]", "(a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of\u2014\n\n(1) The Atomic Energy Act of 1954, as amended;\n\n(2) Title II of the Energy Reorganization Act of 1974, as amended; or\n\n(3) A regulation or order issued pursuant to those Acts.\n\n(b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act:\n\n(1) For violations of\u2014\n\n(i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended;\n\n(ii) Section 206 of the Energy Reorganization Act;\n\n(iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section;\n\n(iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section.\n\n(2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended."], ["10:10:2.0.1.1.5.8.63.2", 10, "Energy", "I", "", "55", "PART 55\u2014OPERATORS' LICENSES", "H", "Subpart H\u2014Enforcement", "", "\u00a7 55.73 Criminal penalties.", "NRC", "", "", "[57 FR 55076, Nov. 24, 1992]", "(a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy of violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 55 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section.\n\n(b) The regulations in part 55 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: \u00a7\u00a7 55.1, 55.2, 55.4, 55.5, 55.6, 55.7, 55.8, 55.11. 55.13, 55.31, 55.33, 55.35, 55.41, 55.43, 55.47, 55.51, 55.55, 55.57, 55.61, 55.71, and 55.73."], ["24:24:1.1.1.1.31.1.59.1", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "A", "Subpart A\u2014General", "", "\u00a7 55.1 Purpose.", "HUD", "", "", "[59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68728, Nov. 15, 2013; 89 FR 30903, Apr. 23, 2024]", "(a)(1) The purpose of Executive Order 11988, Floodplain Management, as amended, is \u201cto avoid to the extent possible the long and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.\u201d\n\n(2) The purpose of Executive Order 11990, Protection of Wetlands, is \u201cto avoid to the extent possible the long- and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.\u201d\n\n(3) This part implements requirements consistent with Executive Order 11988, Floodplain Management, as amended, and Executive Order 11990, Protection of Wetlands, and employs the principles of the Unified National Program for Floodplain Management. These regulations apply to all proposed actions for which approval is required, either from HUD (under any applicable HUD program) or from a recipient (under programs subject to 24 CFR part 58), that are subject to potential harm by location in floodplains or wetlands. Covered actions include acquisition, construction, demolition, improvement, disposition, financing, and use of properties located in floodplains or wetlands.\n\n(b) [Reserved]"], ["24:24:1.1.1.1.31.1.59.2", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "A", "Subpart A\u2014General", "", "\u00a7 55.2 Terminology.", "HUD", "", "", "[59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68729, Nov. 15, 2013; 89 FR 30904, Apr. 23, 2024]", "(a) With the exception of those terms defined in paragraph (b) of this section, the terms used in this part shall follow the definitions contained in section 6 of Executive Order 11988, section 7 of Executive Order 11990, and the \u201cGuidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input\u201d; the terms \u201cspecial flood hazard area,\u201d \u201ccriteria,\u201d and \u201cRegular Program\u201d shall follow the definitions contained in FEMA regulations at 44 CFR 59.1; and the terms \u201cLetter of Map Revision\u201d and \u201cLetter of Map Amendment\u201d shall refer to letters issued by FEMA, as provided in 44 CFR part 65 and 44 CFR part 70, respectively.\n\n(b) For purposes of this part, the following definitions apply:\n\n(1)  Coastal high hazard area  means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) under FEMA regulations, or according to best available information. (See \u00a7 55.8(b) for appropriate data sources.)\n\n(2)  Compensatory mitigation  means the restoration (reestablishment or rehabilitation), establishment (creation), enhancement, and/or, in certain circumstances, preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. Examples include, but are not limited to:\n\n(i)  Permittee-responsible mitigation:  On-site or off-site mitigation undertaken by the holder of a wetlands permit under section 404 of the Clean Water Act (or an authorized agent or contractor), for which the permittee retains full responsibility;\n\n(ii)  Mitigation banking:  A permittee's purchase of credits from a wetlands mitigation bank, comprising wetlands that have been set aside to compensate for conversions of other wetlands; the mitigation obligation is transferred to the sponsor of the mitigation bank; and\n\n(iii)  In-lieu fee mitigation:  A permittee's provision of funds to an in-lieu fee sponsor (public agency or nonprofit organization) that builds and maintains a mitigation site, often after the permitted adverse wetland impacts have occurred; the mitigation obligation is transferred to the in-lieu fee sponsor.\n\n(3)(i)  Critical action  means any activity for which even a slight chance of flooding would be too great, because such flooding might result in loss of life, injury to persons, or damage to property. Critical actions include activities that create, maintain or extend the useful life of those structures or facilities that:\n\n(A) Produce, use or store highly volatile, flammable, explosive, toxic or water-reactive materials;\n\n(B) Provide essential and irreplaceable records or utility or emergency services that may become lost or inoperative during flood and storm events ( e.g.,  community stormwater management infrastructure, water treatment plants, data storage centers, generating plants, principal utility lines, emergency operations centers including fire and police stations, and roadways providing sole egress from flood-prone areas); or\n\n(C) Are likely to contain occupants who may not be sufficiently mobile to avoid loss of life or injury during flood or storm events,  e.g.,  persons who reside in hospitals, nursing homes, convalescent homes, intermediate care facilities, board and care facilities, and retirement service centers. Housing for independent living for the elderly is not considered a critical action.\n\n(ii) Critical actions shall not be approved in floodways, LiMWAs, or coastal high hazard areas unless they meet an exception at \u00a7 55.8 or \u00a7 55.21.\n\n(4)  Federal Flood Risk Management Standard (FFRMS) floodplain  means the floodplain as defined by Executive Order 13690 and the Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input and further described as applied to HUD-assisted activities by \u00a7 55.7 of this part.\n\n(5)  0.2-percent-annual-chance (500-year) floodplain  means the area, including the base flood elevation, subject to inundation from a flood having a 0.2 percent chance or greater of being equaled or exceeded in any given year. (See \u00a7 55.8(b) for appropriate data sources).\n\n(6)  Floodway  means that portion of the floodplain which is effective in carrying flow, where the flood hazard is generally the greatest, and where water depths and velocities are the highest. The term \u201cfloodway\u201d as used here is consistent with \u201cregulatory floodways\u201d as identified by FEMA. (See \u00a7 55.8(b) for appropriate data sources.)\n\n(7)  Functionally dependent use  means a land use that must necessarily be conducted in close proximity to water ( e.g.,  a dam, marina, port facility, water-front park, and many types of bridges).\n\n(8)  High hazard area  means a floodway or a coastal high hazard area.\n\n(9)  Impervious surface area  means an improved surface that measurably reduces the rate of water infiltration below the rate that would otherwise be provided by the soil present in a location prior to improvement, based on the soil type identified either by the Natural Resource Conservation Service Soil Survey or geotechnical study. Impervious surfaces include, but are not limited to, unperforated concrete or asphalt ground cover, unvegetated roofing materials, and other similar treatments that impede infiltration.\n\n(10)  Limit of Moderate Wave Action (LiMWA)  means the inland limit of the portion of Coastal A Zone where wave heights can be between 1.5 and 3 feet during a base flood event, subjecting properties to damage from waves and storm surge. (See \u00a7 55.8(b) for appropriate data sources.)\n\n(11)  1-percent-annual-chance (100-year) floodplain  means the area subject to inundation from a flood having a one percent or greater chance of being equaled or exceeded in any given year. (See \u00a7 55.8(b) for appropriate data sources.)\n\n(12)  Substantial improvement \u2014(i)  Substantial improvement  means either:\n\n(A) Any repair, reconstruction, modernization, or improvement of a structure, including a manufactured housing unit, the cost of which equals or exceeds 50 percent of the market value of the structure either:\n\n( 1 ) Before the improvement or repair is started; or\n\n( 2 ) If the structure has been damaged, and is being restored, before the damage occurred; or\n\n(B) Any repair, reconstruction, modernization, or improvement of a structure, including a manufactured housing unit, that results in an increase of more than twenty percent in the number of dwelling units in a residential project or in the average peak number of customers and employees likely to be on-site at any one time for a commercial or industrial project.\n\n(ii)  Substantial improvement  may not be defined to include either:\n\n(A) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that is solely necessary to assure safe living conditions, or\n\n(B) Any alteration of a structure listed on the National Register of Historical Places or on a State Inventory of Historic Places.\n\n(iii) Structural repairs, reconstruction, or improvements not meeting this definition are considered \u201cminor improvements\u201d.\n\n(13)  Wetlands  means those areas that are inundated or saturated by surface or ground water with a frequency sufficient to support, and under normal circumstances does or would support, a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, prairie potholes, wet meadows, river overflows, mud flats, and natural ponds. This definition includes those wetland areas separated from their natural supply of water as a result of activities such as the construction of structural flood protection methods or solid fill roadbeds and activities such as mineral extraction and navigation improvements. This definition includes both wetlands subject to and those not subject to Section 404 of the Clean Water Act as well as constructed wetlands."], ["24:24:1.1.1.1.31.1.59.3", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "A", "Subpart A\u2014General", "", "\u00a7 55.3 Assignment of responsibilities.", "HUD", "", "", "[59 FR 19107, Apr. 21, 1994, as amended at78 FR 68730, Nov. 15, 2013; 89 FR 30905, Apr. 23, 2024]", "(a)  General.  The implementation of Executive Orders 11988 and 11990 under this part shall be conducted by HUD for Department-administered programs subject to environmental review under 24 CFR part 50 and by authorized responsible entities that are responsible for environmental review under 24 CFR part 58.\n\n(b)(1)  The Assistant Secretary for Community Planning and Development (CPD)  shall oversee:\n\n(i) The Department's implementation of Executive Orders 11988 and 11990 and this part in all HUD programs; and\n\n(ii) The implementation activities of HUD program managers and, for HUD financial assistance subject to 24 CFR part 58, of grant recipients and responsible entities.\n\n(2) In performing these responsibilities, the Assistant Secretary for CPD shall make pertinent policy determinations in cooperation with appropriate program offices and provide necessary assistance, training, publications, and procedural guidance.\n\n(c)  Other HUD Assistant Secretaries, the General Counsel, and the President of the Government National Mortgage Association (GNMA)  shall:\n\n(1) Ensure compliance with this part for all actions under their jurisdiction that are proposed to be conducted, supported, or permitted in a floodplain or wetland, including taking full responsibility for all decisions made under their jurisdiction that are made pursuant to \u00a7 55.20 for environmental reviews completed pursuant to 24 CFR part 50;\n\n(2) Ensure that actions approved by HUD or responsible entities are monitored and that any prescribed mitigation is implemented;\n\n(3) Ensure that the offices under their jurisdiction have the resources to implement the requirements of this part; and\n\n(4) Incorporate in departmental regulations, handbooks, and project and site standards those criteria, standards, and procedures related to compliance with this part.\n\n(d)  Responsible entity Certifying Officer.  Certifying Officers of responsible entities administering or reviewing activities subject to 24 CFR part 58 shall comply with this part in carrying out HUD-assisted programs. Certifying Officers shall monitor approved actions and ensure that any prescribed mitigation is implemented.\n\n(e)  Grantees and applicants.  Grantees and Applicants that are not acting as responsible entities shall:\n\n(1) Supply HUD (or the responsible entity authorized by 24 CFR part 58) with all available, relevant information necessary for HUD (or the responsible entity) to perform the compliance required by this part, including environmental review record documentation described in 24 CFR 58.38, as applicable;\n\n(2) Implement mitigating measures required by HUD (or the responsible entity authorized by 24 CFR part 58) under this part or select alternate eligible property; and\n\n(3) Monitor approved actions and ensure that any prescribed mitigation is implemented.\n\n(f)  Third party providers.  Consultants and other parties to the environmental review process may prepare maps, studies ( e.g.,  hydraulic and hydrologic studies), and reports to support compliance with this part, including identification of floodplains and wetlands and development of alternatives or minimization measures. The following responsibilities, however, may not be delegated to the third-party provider:\n\n(1) Receipt of public or agency comments;\n\n(2) Selection or rejection of alternatives analyzed in Step 3 of the 8-step decision making process in \u00a7 55.20;\n\n(3) Selection or rejection of minimization measures analyzed in Step 5 of the 8-step decision making process in \u00a7 55.20;\n\n(4) Determination whether avoidance of floodplain or wetland impacts, according to the purpose of Executive Orders 11988 and 11990, is or is not practicable."], ["24:24:1.1.1.1.31.1.59.4", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "A", "Subpart A\u2014General", "", "\u00a7 55.4 Notification of floodplain hazard.", "HUD", "", "", "[89 FR 30905, Apr. 23, 2024]", "(a)  Notification for property owners, buyers, and developers.  For actions in the FFRMS floodplain (as defined in \u00a7 55.7), HUD (or HUD's designee) or the responsible entity must ensure that any party participating in the transaction is notified that the property is in the FFRMS floodplain and whether flood insurance is required or available in this location. Notification shall also include a description of the approximate elevation of the FFRMS floodplain, proximity to flood-related infrastructure impacting the site including dams and levees, the location of ingress and egress or evacuation routes relative to the FFRMS floodplain, disclosure of information on flood insurance claims filed on the property to the extent available from FEMA, and other relevant information such as available emergency notification resources.\n\n(b)  Renter notification.  For HUD-assisted, HUD-acquired, and HUD-insured rental properties within the FFRMS floodplain, new and renewal leases must include acknowledgements signed by residents indicating that they have been advised that the property is in a floodplain and flood insurance is available for their personal property. Notification shall also include the location of ingress and egress routes relative to the FFRMS floodplain, available emergency notification resources, and the property's emergency procedures for residents in the event of flooding.\n\n(c)  Conveyance restrictions for the disposition of multifamily real property.  (1) In the disposition (including leasing) of multifamily properties acquired by HUD that are located in the FFRMS floodplain, the documents used for the conveyance must:\n\n(i) Refer to those uses that are restricted under identified Federal, State, or local floodplain regulations; and\n\n(ii) Include any land use restrictions limiting the use of the property by a grantee or purchaser and any successors under State or local laws.\n\n(2)(i) For disposition of multifamily properties acquired by HUD that are located in the FFRMS floodplain and contain critical actions, HUD shall, as a condition of approval of the disposition, require by covenant or comparable restriction on the property's use that the property owner and successive owners provide written notification to each current and prospective tenant concerning:\n\n(A) The hazards to life and to property for those persons who reside or work in a structure located within the FFRMS floodplain, and\n\n(B) The availability of flood insurance on the contents of their dwelling unit or business.\n\n(ii) The notice described in paragraph (c)(2)(i) of this section shall also be posted in the building so that it will be legible at all times and easily visible to all persons entering or using the building."], ["24:24:1.1.1.1.31.1.59.5", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "A", "Subpart A\u2014General", "", "\u00a7 55.5 Flood insurance.", "HUD", "", "", "[89 FR 30905, Apr. 23, 2024]", "(a)(1) As required by section 102(a) of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4012a), when HUD financial assistance (including mortgage insurance) is proposed for acquisition or construction purposes in any special flood hazard area (as designated by the Federal Emergency Management Agency (FEMA) on an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS)), structures for which HUD financial assistance is provided must be covered by flood insurance in an amount at least equal to the project cost less estimated land cost, the outstanding principal balance of any HUD-assisted or HUD-insured loan, or the maximum limit of coverage available under the National Flood Insurance Program, whichever is least. Under section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), such proposed assistance in any special flood hazard area shall not be approved in communities identified by FEMA as eligible for flood insurance but which are not participating in the National Flood Insurance Program. This prohibition only applies to proposed HUD financial assistance in a FEMA-designated special flood hazard area one year after the community has been formally notified by FEMA of the designation of the affected area. This requirement is not applicable to HUD financial assistance in the form of formula grants to States, including financial assistance under the State-administered CDBG Program (24 CFR part 570, subpart I), Emergency Solutions Grant amounts allocated to States (24 CFR part 576), and HOME funds provided to a State under Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701-12839). HUD strongly encourages that flood insurance be obtained and maintained for all HUD-assisted structures in the FFRMS floodplain, sites that have previously flooded, or sites in close proximity to a floodplain.\n\n(2) Under section 582 of the National Flood Insurance Reform Act of 1994 (42 U.S.C. 5154a), HUD disaster assistance that is made available in a special flood hazard area may not be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration of damage to any personal, residential, or commercial property if:\n\n(i) The person had previously received Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and\n\n(ii) The person failed to obtain and maintain the flood insurance.\n\n(b) HUD or the responsible entity may impose flood insurance requirements that exceed the minimums established by the Flood Disaster Protection Act of 1973 or by Tribal, State, or local requirements when needed to minimize financial risk from flood hazards. HUD and responsible entities have discretion to require that flood insurance be maintained for structures outside of the FEMA-mapped floodplain but within the FFRMS floodplain and/or that structures be insured up to the full replacement cost of the structure when needed to minimize financial risk from flood hazards. Nothing in this part limits additional flood insurance requirements that may be imposed by a mortgagee participating in a HUD assistance or mortgage insurance or guarantee program."], ["24:24:1.1.1.1.31.1.59.6", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "A", "Subpart A\u2014General", "", "\u00a7 55.6 Complying with this part.", "HUD", "", "", "[89 FR 30905, Apr. 23, 2024]", "(a)  Process.  The process to comply with this part is as follows:\n\n(1) HUD or the responsible entity shall determine whether compliance with this part is required. Refer to \u00a7 55.12 for a list of activities that do not require further compliance with this part beyond the provisions of paragraph (c) of this section.\n\n(2) HUD or the responsible entity shall refer to \u00a7 55.8 to determine whether the proposed action is eligible for HUD assistance or if it must be rejected as proposed.\n\n(3) If the project requires compliance under this part and is not prohibited by \u00a7 55.8, HUD or the responsible entity shall refer to \u00a7 55.13 to determine whether the 8-step decision making process in \u00a7 55.20 is required.\n\n(4) HUD or the responsible entity shall refer to \u00a7 55.10 to determine whether the 8-step decision making process in \u00a7 55.20 for wetland protection is required or whether best practices to minimize potential indirect impacts to wetlands should be pursued.\n\n(5) HUD or the responsible entity shall determine whether an exception in \u00a7 55.14 applies that would allow them to complete an abbreviated decision-making process under \u00a7 55.20.\n\n(6) Where the decision-making process is required, HUD or the responsible entity shall follow the decision-making process described in \u00a7 55.20, eliminating any steps as permitted under \u00a7 55.14.\n\n(b)  Decision making.  HUD or the responsible entity shall determine whether to approve the action as proposed, approve the action with modifications or at an alternative site, or reject the proposed action, based on its analysis of the proposed risks and impacts. HUD or the responsible entity has discretion to reject any project where it determines that the level of flood hazard is incompatible with the proposed use of the site or that the extent of impacts to wetlands or to the beneficial function of floodplains is not acceptable, regardless of whether it would otherwise be acceptable under this part.\n\n(c)  Other requirements.  Refer to \u00a7\u00a7 55.4 and 55.5 to determine whether the proposed action may require notifications and/or flood insurance. Actions that do not require full compliance under this part may still trigger notification and flood insurance requirements.\n\n(d)  Documentation.  HUD or the responsible entity shall require that all of the analysis required under this part, including applicable exceptions and all required steps described in \u00a7 55.20, be documented in the environmental review record."], ["24:24:1.1.1.1.31.2.59.1", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.7 Identifying the FFRMS floodplain.", "HUD", "", "", "[89 FR 30906, Apr. 23, 2024]", "(a) HUD or the responsible entity shall determine all compliance with the floodplain review requirements of this part based on the FFRMS floodplain.\n\n(b) For a non-critical action, HUD or the responsible entity shall define the FFRMS floodplain using the following process:\n\n(1) The climate-informed science approach (CISA) to identify the area having an elevated flood risk during the anticipated life of the project if data is available and actionable. Data is available and actionable for a particular project where:\n\n(i) The data can be accessed via a tool, resource, or other process developed or identified by a Federal agency or agencies to define the floodplain using the CISA, and\n\n(ii) HUD has adopted the particular tool, resource, or other process through a  Federal Register  publication for comment.\n\n(2) If CISA data is not available or actionable but FEMA has defined the 0.2-percent-annual-chance floodplain, those areas that FEMA has designated as within the 0.2-percent-annual-chance floodplain; or\n\n(3) If neither CISA data nor FEMA-mapped 0.2-percent-annual-chance floodplain data is available, those areas that result from adding an additional two feet to the base flood elevation as established by the effective FIRM or FIS or\u2014if available\u2014FEMA-provided interim or preliminary maps or studies or advisory base flood elevations.\n\n(4) FFRMS floodplain determinations under paragraphs (b)(2) and (3) of this section shall be made using the information provided in the latest FEMA resources. Elevation determinations based on CISA data or an interim or preliminary FEMA map cannot be used as a basis for a lower elevation than the base flood elevation on the current FIRM or FIS.\n\n(c) For a critical action, the FFRMS floodplain is either:\n\n(1) Those areas designated as having an elevated flood risk identified by the climate-informed science approach (CISA)\u2014as determined based on the criticality of the action\u2014during the anticipated life of the project if the data is available and actionable, as available and actionable is described in paragraph (b)(1) of this section; or\n\n(2) If CISA data as described above is not available or actionable, an area either within the 0.2-percent-annual-chance floodplain or within the area that results from adding an additional three feet to the base flood elevation. The larger floodplain and higher elevation must be applied where the 0.2-percent-annual-chance floodplain is mapped. If FEMA resources do not map the 0.2-percent-annual-chance floodplain, the FFRMS floodplain is the area that results from adding an additional three feet to the base flood elevation based on best available information.\n\n(3) FFRMS floodplain determinations under paragraph (c)(2) of this section shall be made using the information provided in the latest FEMA resources.\n\n(d) If CISA data is not available or actionable and if FEMA FIRMS, FIS, preliminary maps or advisory base flood elevations are unavailable or insufficiently detailed to determine base flood elevation, other Federal, Tribal, State, or local data shall be used as \u201cbest available information.\u201d If best available information is based only on past flooding and does not consider future flood risk:\n\n(1) For non-critical actions, the FFRMS floodplain includes those areas that result from adding an additional two feet to the base flood elevation based on best available information.\n\n(2) For critical actions, the FFRMS floodplain includes those areas that result from adding an additional three feet to the base flood elevation based on best available information.\n\n(e) When preparing an Environmental Impact Statement (EIS), an analysis of the best available, actionable climate science, where available and actionable data exists or can be generated in accordance with 42 U.S.C. 4336(b)(3), as determined by HUD or the responsible entity, must be performed to define the FFRMS floodplain. These sources may supplement the FIRM or Advisory Base Flood Elevation (ABFE) in order to better minimize impacts to projects or to elevate or floodproof structures above the risk adjusted floodplain. These sources may not be used as a basis for a lower elevation than otherwise required under this section.\n\n(f)(1) Regardless of whether HUD has adopted a particular tool, resource, or other process to define the floodplain using CISA, as described in paragraphs (b)(1) and (c)(1) of this section, HUD or a responsible entity may voluntarily define the FFRMS floodplain utilizing CISA when:\n\n(i) A State, Tribal, or local government formally adopts, through code or other formal adoption measures, a tool, resource, or other written standard developed or utilized by the State, Tribal, or local government that provides data or other methods to identify the FFRMS floodplain using CISA for a particular project; or\n\n(ii) HUD publishes guidance identifying a particular tool, resource, or other process that may be used to define the floodplain using CISA, and the tool, resource, or other process identified in the HUD-published guidance contains the necessary data or information to define the floodplain for the project being considered.\n\n(2)(i) The approach in this paragraph (f) may not be used as a basis for a lower elevation than the lowest of:\n\n(A) The 0.2-percent-annual-chance floodplain elevation;\n\n(B) The elevation that results from adding an additional two feet to the base flood elevation; or\n\n(C) The elevation required by paragraph (b) or (c) of this section, if CISA data is available and actionable under paragraph (b)(1) or (c)(1).\n\n(ii) Where HUD or a responsible entity voluntarily defines the FFRMS floodplain using the options in paragraph (f)(1)(i) or (ii) of this section, the criticality of the action must be considered when determining the appropriate elevation of the FFRMS floodplain."], ["24:24:1.1.1.1.31.2.59.2", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.8 Limitations on HUD assistance in floodplains.", "HUD", "", "", "[89 FR 30906, Apr. 23, 2024]", "(a) HUD financial assistance (including mortgage insurance) may not be approved with respect to:\n\n(1) Any action located in a floodway unless one of the following applies:\n\n(i) An exception listed in \u00a7 55.12 applies; or\n\n(ii) A permanent covenant or comparable restriction will preserve all onsite FFRMS floodplain and/or wetland areas from future development or expansion of existing uses in the floodplain and/or wetland areas. Any rehabilitation, including reconstruction in the case of properties affected by Presidentially declared disasters, that does not expand the footprint of the buildings or the number of units on the site would be allowed within the FFRMS floodplain outside of the floodway. No buildings or improvements may modify or occupy the floodway, with the exception of:\n\n(A) Functionally dependent uses (as defined in \u00a7 55.2(b)(7)) and utility lines;\n\n(B) De minimis improvements, including minimal ground disturbance or placement of impervious surface area to ensure accessibility where this is permitted by local ordinances and does not increase flood risk to the property; or\n\n(C) Buildings and improvements that will be removed as part of the proposed action.\n\n(2) Any critical action located in a floodway, other than a functionally dependent use where any existing or new structure has been or will be elevated or floodproofed to the FFRMS elevation for critical actions; or any critical action in a coastal high hazard area or LiMWA, other than a functionally dependent use where any existing or new structure has been or will be elevated and constructed in accordance with current FEMA V-zone construction standards at 44 CFR 60.3(e); provided that, for a critical action that is insurance of a mortgage on a property containing a floodway with no structures or improvements in the floodway, paragraph (a)(1) of this section applies; or\n\n(3) Any noncritical action located in a coastal high hazard area, or LiMWA, unless the action is a functionally dependent use, is limited to existing structures or improvements, or is reconstruction following destruction caused by a Presidentially declared disaster. If the action is not a functionally dependent use, the action must be designed for location in a coastal high hazard area. An action will be considered designed for a coastal high hazard area if:\n\n(i) In the case of reconstruction following destruction caused by a disaster, or substantial improvement, the work meets the current standards for V zones in FEMA regulations (44 CFR 60.3(e)) and, if applicable, the Minimum Property Standards for such construction in 24 CFR 200.926d(c)(4)(iii); or\n\n(ii) In the case of existing construction (including any minor improvements that are not substantial improvements):\n\n(A) The work met FEMA elevation and construction standards for a coastal high hazard area (or if such a zone or such standards were not designated, the 1-percent-annual-chance floodplain) applicable at the time the original improvements were constructed; or\n\n(B) If the original improvements were constructed before FEMA standards for the 1-percent-annual-chance floodplain became effective or before FEMA designated the location of the action as within the 1-percent-annual-chance floodplain, the work would meet at least the earliest FEMA standards for construction in the 1-percent-annual-chance floodplain.\n\n(b) All determinations made pursuant to this section shall be based on the effective FIRM or FIS unless FEMA has provided more current information. When FEMA provides interim flood hazard data, such as ABFE or preliminary maps and studies, HUD or the responsible entity shall use the latest of these sources. However, a base flood elevation from an interim or preliminary source cannot be used if it is lower than the base flood elevation on the current FIRM and FIS.\n\n(c) Where HUD assistance is proposed for actions subject to \u00a7 55.20 on structures designated by FEMA as Severe Repetitive Loss (SRL) properties, and FEMA has approved measures that if implemented would qualify the property for a status of \u201cMitigated\u201d as to the SRL list, HUD or the responsible entity will ensure that FEMA-identified mitigation measures are identified and implemented as part of the decision making process under \u00a7 55.20(e)."], ["24:24:1.1.1.1.31.2.59.3", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.9 Identifying wetlands.", "HUD", "", "", "[89 FR 30906, Apr. 23, 2024]", "The following process shall be followed in making the wetlands determination:\n\n(a) HUD or the responsible entity shall determine whether the action involves new construction that is located in or impacts a wetland.\n\n(b) As primary screening, HUD or the responsible entity shall verify whether the project area is located in proximity to wetlands identified on the National Wetlands Inventory (NWI) and assess the site for visual indication of the presence of wetlands such as hydrology (water), hydric soils, or wetland vegetation. Where the primary screening is inconclusive, potential wetlands should be further evaluated using one or more of the following methods:\n\n(1) Consultation with the Department of the Interior, U.S. Fish and Wildlife Service (USFWS), for information concerning the location, boundaries, scale, and classification of wetlands within the area.\n\n(2) Reference to the Department of Agriculture, Natural Resources Conservation Service (NRCS) National Soil Survey (NSS), and any Tribal, State, or local information concerning the location, boundaries, scale, and classification of wetlands within the action area and further site study by the environmental review preparer with reference to Federal guidance on field identification of the biological (rather than jurisdictional) characteristics of wetlands.\n\n(3) Evaluation by a qualified wetlands scientist to delineate the wetland boundaries on site."], ["24:24:1.1.1.1.31.2.59.4", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.10 Limitations on HUD assistance in wetlands.", "HUD", "", "", "[89 FR 30908, Apr. 23, 2024]", "(a) When the proposed project includes new construction activities (including grading, clearing, draining, filling, diking, impounding, and related activities for any structure or facilities including the siting of new manufactured housing units) that will have a direct impact to onsite wetlands identified by the process described in \u00a7 55.9, compliance with this part requires completion of the 8-step decision making process in \u00a7 55.20 to address wetland impacts.\n\n(b) When the proposed project may indirectly affect wetlands by modifying the flow of stormwater, releasing pollutants, or otherwise changing conditions that contribute to wetlands viability, the significance of these impacts must be evaluated and the impacts minimized through best management practices. If the project site includes wetlands that will not be impacted by new construction, HUD strongly encourages measures to preserve such wetlands from future impacts, including by obtaining a restrictive covenant, conservation easement, or other mechanism.\n\n(c) When the proposed project may indirectly affect off-site wetlands, impacts should be minimized to the extent practicable. While this part does not require further decision making to address these effects under the authority of Executive Order 11990, measures to address offsite wetlands impacts may be necessary to comply with related laws and authorities including the Endangered Species Act or to address significant impacts under the National Environmental Policy Act."], ["24:24:1.1.1.1.31.2.59.5", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.11 [Reserved]", "HUD", "", "", "", ""], ["24:24:1.1.1.1.31.2.59.6", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.12 Inapplicability of 24 CFR part 55 to certain categories of proposed actions.", "HUD", "", "", "[89 FR 30908, Apr. 23, 2024]", "With the exception of the flood insurance requirements in \u00a7 55.5, this part shall not apply to the following categories of proposed HUD actions:\n\n(a) HUD-assisted activities described in 24 CFR 58.34 and 58.35(b);\n\n(b) HUD-assisted activities described in 24 CFR 50.19, except as otherwise indicated in \u00a7 50.19;\n\n(c) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetland property, where a permanent covenant or comparable restriction is placed on the property's continued use for flood control, wetland protection, open space, or park land, but only if:\n\n(1) The property is cleared of all existing buildings and walled structures; and\n\n(2) The property is cleared of related improvements except those which:\n\n(i) Are directly related to flood control, wetland protection, open space, or park land (including playgrounds and recreation areas);\n\n(ii) Do not modify existing wetland areas or involve fill, paving, or other ground disturbance beyond minimal trails or paths; and\n\n(iii) Are designed to be compatible with the beneficial floodplain or wetland function of the property.\n\n(d) An action involving a repossession, receivership, foreclosure, or similar acquisition of property to protect or enforce HUD's financial interests under previously approved loans, grants, mortgage insurance, or other HUD assistance;\n\n(e) Policy-level actions described at 24 CFR 50.16 that do not involve site-based decisions;\n\n(f) A minor amendment to a previously approved action with no additional adverse impact on or from a floodplain or wetland;\n\n(g) HUD's or the responsible entity's approval of a project site, an incidental portion of which is situated in the FFRMS floodplain (not including the floodway, LiMWA, or coastal high hazard area), but only if:\n\n(1) The proposed project site does not include any existing or proposed buildings or improvements that modify or occupy the FFRMS floodplain except de minimis improvements such as recreation areas and trails; and\n\n(2) The proposed project will not result in any new construction in or modifications of a wetland.\n\n(h) Issuance or use of Housing Vouchers or other forms of rental subsidy where HUD, the awarding community, or the public housing agency that administers the contract awards rental subsidies that are not project-based ( i.e.,  do not involve site-specific subsidies);\n\n(i) Special projects directed to the removal of material and architectural barriers that restrict the mobility of and accessibility to elderly and persons with disabilities."], ["24:24:1.1.1.1.31.2.59.7", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.13 Inapplicability of 8-step decision making process to certain categories of proposed actions.", "HUD", "", "", "[89 FR 30909, Apr. 23, 2024]", "The decision-making process in \u00a7 55.20 shall not apply to the following categories of proposed actions:\n\n(a) HUD's mortgage insurance actions and other financial assistance for the purchasing, mortgaging, or refinancing of existing one- to four-family properties in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing ( i.e.,  not suspended from program eligibility or placed on probation under 44 CFR 59.24), where the action is not a critical action and the property is not located in a floodway, coastal high hazard area, or LiMWA;\n\n(b) Financial assistance for minor repairs or improvements on one- to four-family properties that do not meet the thresholds for \u201csubstantial improvement\u201d under \u00a7 55.2(b)(12);\n\n(c) HUD or a recipient's actions involving the disposition of individual HUD or recipient held one- to four-family properties;\n\n(d) HUD guarantees under the Loan Guarantee Recovery Fund Program (24 CFR part 573), where any new construction or rehabilitation financed by the existing loan or mortgage has been completed prior to the filing of an application under the program, and the refinancing will not allow further construction or rehabilitation, nor result in any physical impacts or changes except for routine maintenance;\n\n(e) The approval of financial assistance to lease an existing structure and/or units within an existing structure located within the floodplain, but only if;\n\n(1) The structure is located outside the floodway or coastal high hazard area, and is in a community that is in the Regular Program of the NFIP and in good standing ( i.e.,  not suspended from program eligibility or placed on probation under 44 CFR 59.24);\n\n(2) The project is not a critical action; and\n\n(3) The entire structure is or will be fully insured or insured to the maximum extent available under the NFIP for at least the term of the lease.\n\n(f) Special projects for the purpose of improving the energy or water efficiency of utilities or installing renewable energy that involve the repair, rehabilitation, modernization, weatherization, or improvement of existing structures or infrastructure, do not meet the thresholds for \u201csubstantial improvement\u201d under \u00a7 55.2(b)(12), and do not include the installation of equipment below the FFRMS floodplain elevation; and"], ["24:24:1.1.1.1.31.2.59.8", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "B", "Subpart B\u2014Application of Executive Orders on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.14 Modified 5-step decision making process for certain categories of proposed actions.", "HUD", "", "", "[89 FR 30909, Apr. 23, 2024]", "The decision making steps in \u00a7 55.20(b), (c), and (g) (Steps 2, 3, and 7) do not apply to the following categories of proposed actions:\n\n(a) HUD's or the recipient's actions involving the disposition of acquired multifamily housing projects or \u201cbulk sales\u201d of HUD-acquired (or under part 58 of recipients') one- to four-family properties in communities that are in the Regular Program of the NFIP and in good standing ( i.e.,  not suspended from program eligibility or placed on probation under 44 CFR 59.24). For programs subject to part 58, this paragraph applies only to recipients' disposition activities that are subject to review under part 58.\n\n(b) HUD's actions under the National Housing Act (12 U.S.C. 1701  et seq. ) for the purchase or refinancing of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, and intermediate care facilities, in communities that are in good standing under the NFIP.\n\n(c) HUD's or the recipient's actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, intermediate care facilities, and one- to four-family properties, in communities that are in the Regular Program of the NFIP and are in good standing ( i.e.,  not suspended from program eligibility or placed on probation under 44 CFR 59.24), provided that the number of units is not increased more than 20 percent, the action does not involve a conversion from nonresidential to residential land use, the action does not meet the thresholds for \u201csubstantial improvement\u201d under \u00a7 55.2(b)(12), and the footprint of the structure and paved areas is not increased by more than 20 percent.\n\n(d) HUD's or the recipient's actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing nonresidential buildings and structures, in communities that are in the Regular Program of the NFIP and are in good standing ( i.e.,  not suspended from program eligibility or placed on probation under 44 CFR 59.24), provided that the action does not meet the thresholds for \u201csubstantial improvement\u201d under \u00a7 55.2(b)(12) and the footprint of the structure and paved areas is not increased by more than 20 percent.\n\n(e) HUD's or the recipient's actions under any HUD program involving the repair, rehabilitation, or replacement of existing nonstructural improvements including streets, curbs, and gutters, where any increase of the total impervious surface area of the facility is de minimis. This provision does not include critical actions, levee systems, chemical storage facilities (including any tanks), wastewater facilities, or sewer lagoons."], ["24:24:1.1.1.1.31.3.59.1", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "C", "Subpart C\u2014Procedures for Making Determinations on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.16 Applicability of subpart C decision making process.", "HUD", "", "", "[89 FR 30910, Apr. 23, 2024]", "Table 1 to this section indicates the applicability, by location and type of action, of the decision making process for implementing Executive Order 11988 and Executive Order 11990 under this subpart.\n\nTable 1 to \u00a7 55.16\n\n1  Under Executive Order 11990, the decision making process in \u00a7 55.20 only applies to Federal assistance for new construction in wetlands locations.\n\n2  Or those paragraphs of \u00a7 55.20 that are applicable to an action listed in \u00a7 55.14."], ["24:24:1.1.1.1.31.3.59.2", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "C", "Subpart C\u2014Procedures for Making Determinations on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.20 Decision making process.", "HUD", "", "", "[59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68732, Nov. 15, 2013; 89 FR 30910, Apr. 23, 2024]", "Except for actions covered by \u00a7 55.14, the decision making process for compliance with this part contains eight steps, including public notices and an examination of practicable alternatives when addressing floodplains and wetlands. Third parties may provide analysis and information to support the decision making process; however, final determinations for each step, authorization of public notices, and receipt of public comments, are the responsibility of HUD or the responsible entity. The steps to be followed in the decision making process are as follows:\n\n(a)  Step 1.  Using the processes described in \u00a7\u00a7 55.7 and 55.9, determine whether the proposed action is located in the FFRMS floodplain or results in new construction that directly impacts an onsite wetland. If the action does not occur in the FFRMS floodplain or include new construction directly impacting an onsite wetland, then no further compliance with this section is required. Where the proposed action would be located in the FFRMS floodplain and includes new construction directly impacting an onsite wetland, these impacts should be evaluated together in a single 8-step decision making process. In such a case, the wetland will be considered among the primary natural and beneficial functions and values of the floodplain. For purposes of this section, an \u201caction\u201d includes areas required for ingress and egress, even if they are not within the site boundary, and other integral components of the proposed action, even if they are not within the site boundary.\n\n(b)  Step 2.  Notify the public and agencies responsible for floodplain management or wetlands protection at the earliest possible time of a proposal to consider an action in an FFRMS floodplain or wetland and involve the affected and interested public and agencies in the decision making process.\n\n(1) The public notices required by paragraphs (b) and (g) of this section may be combined with other project notices wherever appropriate. Notices required under this part must be bilingual or multilingual, as appropriate, if the affected public has Limited English Proficiency. In addition, all notices must be published in a newspaper of general circulation in the affected community or on an appropriate government website that is accessible to individuals with disabilities and provides meaningful access for individuals with Limited English Proficiency, and must be sent to Federal, State, and local public agencies, organizations, and, where not otherwise covered, individuals known to be interested in the proposed action.\n\n(2) A minimum of 15 calendar days shall be allowed for comment on the public notice. The first day of a time period begins at 12:01 a.m. local time on the day following the publication or the mailing and posting date of the notice which initiates the time period.\n\n(3) A notice under this paragraph shall state: The name, proposed location, and description of the activity; the total number of acres of floodplain or wetland involved; the related natural and beneficial functions and values of the floodplain or wetland that may be adversely affected by the proposed activity; the HUD approving official (or the Certifying Officer of the responsible entity authorized by 24 CFR part 58); and the phone number to call for information. The notice shall indicate the hours of HUD's or the responsible entity's office, and any Web site at which a full description of the proposed action may be reviewed.\n\n(4) When the proposed activity is located in or affects a community with environmental justice concerns, public comment and decision making under this part shall be coordinated with consultation and decision making under HUD policies implementing 24 CFR 58.5(j) or 50.4(l).\n\n(c)  Step 3.  Identify and evaluate practicable alternatives to locating the proposed action in the FFRMS floodplain or wetland.\n\n(1) Except as provided in paragraph (c)(3) of this section, HUD's or the responsible entity's consideration of practicable alternatives to the proposed site selected for a project should include:\n\n(i) Locations outside and not affecting the FFRMS floodplain or wetland;\n\n(ii) Alternative methods to serve the identical project objective, including but not limited to design alternatives such as repositioning or reconfiguring proposed siting of structures and improvements or incorporating natural systems, ecosystem processes, and nature-based solutions to avoid floodplain and wetland impacts; and\n\n(iii) A determination not to approve any action proposing the occupancy or modification of a floodplain or wetland.\n\n(2) Practicability of alternatives should be addressed in light of the goals identified in the project description related to the following:\n\n(i) Natural values such as topography, habitat, and hazards;\n\n(ii) Social values such as aesthetics, historic and cultural values, land use patterns, and environmental justice; and\n\n(iii) Economic values such as the cost of space, construction, services, relocation, potential property losses from flooding, and cost of flood insurance.\n\n(3) For multifamily and healthcare projects involving HUD mortgage insurance that are initiated by third parties, HUD in its consideration of practicable alternatives is not required to consider alternative sites, but must include consideration of:\n\n(i) A determination to approve the request without modification;\n\n(ii) A determination to approve the request with modification; and\n\n(iii) A determination not to approve the request.\n\n(d)  Step 4.  Identify and evaluate the potential direct and indirect impacts associated with the occupancy or modification of the FFRMS floodplain or the wetland and the potential direct and indirect support of floodplain and wetland development that could result from the proposed action, including impacts related to future climate-related flood levels, sea level rise, and the related increased value of beneficial floodplain and wetland functions.\n\n(1)  Floodplain evaluation.  The floodplain evaluation for the proposed action must evaluate floodplain characteristics (both existing and as proposed for modification by the project) to determine potential adverse impacts to lives, property, and natural and beneficial floodplain values as compared with alternatives identified in Step 3.\n\n(i) Floodplain characteristics include:\n\n(A) Identification of portions of the site that are subject to flood risk, documented through mapping and, as required by \u00a7 55.7(e) or commensurate with the scale of the project and available resources as permitted by \u00a7 55.7(f), climate-informed analysis of factors including development patterns, streamflow, and hydrologic and hydraulic modeling;\n\n(B) Topographic information that can inform flooding patterns and distance to flood sources, as described in flood mapping, Flood Insurance Studies, and other data sources; and\n\n(C) Public safety communications and data related to flood risk including available information on structures such as dams, levees, or other flood protection infrastructure located in proximity to the site.\n\n(ii) Impacts to lives and property include:\n\n(A) Potential loss of life, injury, or hardship to residents of the subject property during a flood event;\n\n(B) Damage to the subject property during a flood event;\n\n(C) Damage to surrounding properties from increased runoff or reduction in floodplain function during a flood event due to modification of the subject site;\n\n(D) Health impacts due to exposure to toxic substance releases that may be caused or exacerbated by flood events; and\n\n(E) Damage to a community as a result of project failure ( e.g.,  failure of stormwater management infrastructure due to scouring).\n\n(iii) Impacts to natural and beneficial values include changes to:\n\n(A) Water resources such as natural moderation of floods, water quality maintenance, and groundwater recharge;\n\n(B) Living resources such as flora and fauna (if the project requires consultation under 24 CFR 50.4(e) or 58.5(e), consultation with the U.S. Fish and Wildlife Service or National Marine Fisheries Service must include a description of impacts evaluated under this part);\n\n(C) Cultural resources such as archaeological, historic, aesthetic and recreational aspects; and\n\n(D) Agricultural, aquacultural, and forestry resources.\n\n(2)  Wetland evaluation.  In accordance with section 5 of Executive Order 11990, the decision maker shall consider factors relevant to a proposal's effect on the survival and quality of the wetland. Factors that must be evaluated include, but are not limited to:\n\n(i) Public health, safety, and welfare, including water supply, quality, recharge, and discharge; pollution; flood and storm hazards and hazard protection; and sediment and erosion, including the impact of increased quantity or velocity of stormwater runoff on, or to areas outside of, the proposed site;\n\n(ii) Maintenance of natural systems, including conservation and long-term productivity of existing flora and fauna; species and habitat diversity and stability; natural hydrologic function; wetland type; fish; wildlife; timber; and food and fiber resources;\n\n(iii) Cost increases attributed to wetland-required new construction and mitigation measures to minimize harm to wetlands that may result from such use; and\n\n(iv) Other uses of wetlands in the public interest, including recreational, scientific, and cultural uses.\n\n(e)  Step 5.  Where practicable, design or modify the proposed action to minimize the potential adverse impacts to and from the FFRMS floodplain or wetland and to restore and preserve their natural and beneficial functions and values.\n\n(1)  Elevation.  For actions in the FFRMS floodplain, the required elevation described in this section must be documented on an Elevation Certificate or a Floodproofing Certificate in the Environmental Review Record prior to construction, or by such other means as HUD may from time to time direct, provided that notwithstanding any language to the contrary, the minimum elevation or floodproofing requirement for new construction or substantial improvement actions shall be the elevation of the FFRMS floodplain as defined in this section.\n\n(i) If a residential structure undergoing new construction or substantial improvement is located in the FFRMS floodplain, the lowest floor or FEMA-approved equivalent must be designed using the elevation of the FFRMS floodplain as the baseline standard for elevation, except where higher elevations are required by Tribal, State, or locally adopted code or standards, in which case those higher elevations apply. Where non-elevation standards such as setbacks or other flood risk reduction standards that have been issued to identify, communicate, or reduce the risks and costs of floods are required by Tribal, State, or locally adopted code or standards, those standards shall apply in addition to the FFRMS baseline elevation standard.\n\n(ii) New construction and substantial improvement of residential structures that have no dwelling units below the FFRMS floodplain and that are not critical actions as defined at \u00a7 55.2(b)(3), or of non-residential structures, shall be designed either:\n\n(A) With the lowest floor, including basement, elevated to or above the elevation of the FFRMS floodplain; or\n\n(B) With the structure floodproofed at least up to the elevation of the FFRMS floodplain. Floodproofing standards are as stated in FEMA's regulations at 44 CFR 60.3(c)(3)(ii) and (c)(4)(i), or such other regulatory standard as FEMA may issue, and applicable guidance, except that where the standard refers to base flood level, floodproofing is required at or above the FFRMS floodplain, as defined in this part.\n\n(iii) The term \u201clowest floor\u201d must be applied consistent with FEMA regulations in 44 CFR 59.1 and FEMA's Elevation Certificate guidance or other applicable current FEMA guidance.\n\n(2)  Minimization.  Potential harm to or within the floodplain and/or wetland must be reduced to the smallest possible amount. E.O. 11988's requirement to minimize potential harm applies to the investment at risk or the flood loss potential of the action itself, the impact the action may have on others, and the impact the action may have on floodplain and wetland values. The record must include a discussion of all minimization techniques that will be incorporated into project designs as well as those that were considered but not approved. Minimization techniques for floodplain and wetlands purposes include, but are not limited to:\n\n(i)  Stormwater management and green infrastructure:  The use of permeable surfaces; natural landscape enhancements that maintain or restore natural hydrology through infiltration, native plant species, bioswales, rain gardens, or evapotranspiration; stormwater capture and reuse; green or vegetative roofs with drainage provisions; WaterSense products; rain barrels and grey water diversion systems; protective gates or angled safety grates for culverts and stormwater drains; and other low impact development and green infrastructure strategies, technologies, and techniques. Where possible, use natural systems, ecosystem processes, and nature-based approaches when developing alternatives for consideration.\n\n(ii)  Adjusting project footprint:  Evaluate options to relocate or redesign structures, amenities, and infrastructure to minimize the amount of impermeable surfaces and other impacts in the FFRMS floodplain or wetland. This may include changes such as designing structures to be taller and narrower or avoiding tree clearing to reduce potential erosion from flooding.\n\n(iii)  Resilient building standards:  Consider implementing resilient building codes or standards to ensure a reliable and consistent level of safety.\n\n(iv)  Severe Repetitive Loss (SRL) mitigation:  Identify and incorporate FEMA identified SRL mitigation as outlined in \u00a7 55.8(c), if applicable.\n\n(3)  Restoration and preservation.  Restore means to reestablish a setting or environment in which the natural and beneficial values of floodplains and wetlands could again function. Where floodplain and wetland values have been degraded by past actions, restoration is informed by evaluation of the impacts of such actions on beneficial values of the floodplain or wetland and identification, evaluation, and implementation of practicable measures to restore the values diminished or lost. Preserve means to prevent modification to the natural floodplain or wetland environment or to maintain it as closely as possible to its natural state. If an action will result in harm to or within the floodplain or wetland, HUD or the responsible entity must ensure that the action is designed or modified to assure that it will be carried out in a manner which preserves as much of the natural and beneficial floodplain and values as is possible. Restoration and preservation techniques for floodplain and wetlands purposes include, but are not limited to:\n\n(i) Natural Resource Conservation Service or other conservation easements;\n\n(ii) Appropriate and practicable compensatory mitigation, which is required for unavoidable adverse impacts to more than one acre of wetlands. Compensatory mitigation includes but is not limited to: permittee-responsible mitigation, mitigation banking, in-lieu fee mitigation, the use of preservation easements or protective covenants, and any form of mitigation promoted by State or Federal agencies. The use of compensatory mitigation may not substitute for the requirement to avoid and minimize impacts to the maximum extent practicable.\n\n(4)  Planning for residents' and occupants' safety.  (i) For multifamily residential properties and residential healthcare facilities, an evacuation plan must be developed that includes safe egress route(s) out of the FFRMS floodplain, plans for evacuating residents with special needs, and clear communication of the evacuation plan and safety resources for residents.\n\n(ii) For all healthcare facilities, evacuation route(s) out of the FFRMS floodplain must be identified and clearly communicated to all residents and employees. Such actions must include a plan for emergency evacuation and relocation to a facility of like capacity that is equipped to provide required critical needs-related care and services at a level similar to the originating facility.\n\n(iii) All critical actions in the FFRMS floodplain must operate and maintain an early warning system that serves all facility occupants.\n\n(f)  Step 6.  HUD or the responsible entity shall consider the totality of the previous steps and the criteria in this section to make a decision as to whether to approve, approve with modifications, or reject the proposed action. Adverse impacts to floodplains and wetlands must be avoided if there is a practicable alternative. This analysis must consider:\n\n(1) Whether the action is still practicable in light of exposure to flood hazards in the floodplain or wetland, possible adverse impacts on the floodplain or wetland, the extent to which it will aggravate the current hazards to other floodplains or wetlands, and the potential to disrupt the natural and beneficial functions and values of floodplains or wetlands; and\n\n(2) Whether alternatives preliminarily rejected at Step 3 (paragraph (c)) of this section are practicable in light of information gained in Steps 4 and 5 (paragraphs (d) and (e)) of this section.\n\n(i) The reevaluation of alternatives shall include the potential impacts avoided or caused inside and outside the floodplain or wetland area. The impacts should include the protection of human life, real property, and the natural and beneficial functions and values served by the floodplain or wetland.\n\n(ii) A reevaluation of alternatives under this step should include a discussion of economic costs. For floodplains, the cost estimates should include savings or the costs of flood insurance, where applicable; flood proofing; replacement of services or functions of critical actions that might be lost; and elevation to at least the elevation of the FFRMS floodplain, as appropriate based on the applicable source under \u00a7 55.7. For wetlands, the cost estimates should include the cost of filling the wetlands and mitigation.\n\n(iii) If the proposed activity is located in or affects a community with environmental justice concerns, the reevaluation must address public input provided during environmental justice outreach, if conducted, and must document the ways in which the activity, in light of information analyzed, mitigation measures applied, and alternatives selected, serves to reduce any historical environmental disparities related to flood risk or wetlands impacts in the community.\n\n(g)  Step 7.  (1) \n\nIf the reevaluation results in a determination that there is no practicable alternative to locating the proposal in the FFRMS floodplain or the wetland, publish a final notice that includes:\n\n(i) The reasons why the proposal must be located in the floodplain or wetland;\n\n(ii) A list of the alternatives considered in accordance with paragraphs(c)(1) and (c)(2) of this section; and\n\n(iii) All mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial functions and values.\n\n(2) In addition, the public notice procedures of \u00a7 55.20(b)(1) shall be followed, and a minimum of 7 calendar days for public comment before approval of the proposed action shall be provided.\n\n(h)  Step 8.  Upon completion of the decisionmaking process in Steps 1 through 7, implement the proposed action. There is a continuing responsibility on HUD (or on the responsible entity authorized by 24 CFR part 58) and the recipient (if other than the responsible entity) to ensure that the mitigating measures identified in Step 7 are implemented."], ["24:24:1.1.1.1.31.3.59.3", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "C", "Subpart C\u2014Procedures for Making Determinations on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.21 Alternate processing for existing nonconforming sites.", "HUD", "", "", "[89 FR 30912, Apr. 23, 2024]", "Notwithstanding the limitations on HUD assistance defined in \u00a7 55.8, in exceptional circumstances, the Assistant Secretary for Community Planning and Development may approve HUD assistance or insurance to improve an existing property with ongoing HUD assistance or mortgage insurance if the following conditions are satisfied:\n\n(a) HUD completes an environmental review pursuant to 24 CFR part 50, including the 8-step decision making process pursuant to \u00a7 55.20, that:\n\n(1) Documents that it is not practicable to transfer the HUD assistance to a site with lower flood risk under existing program rules, financial limitations, and site availability; and\n\n(2) Mandates measures to ensure that the elevated flood risk is the only environmental hazard or impact that does not comply or that requires mitigation to comply, with HUD's environmental requirements at 24 CFR parts 50, 51, 55, and 58; and\n\n(b) The proposed project incorporates all practicable measures to minimize flood risk, preserve the function of the floodplain and any impacted wetlands as described in \u00a7 55.20(e), and increase the overall resilience of the site, as approved and/or required by HUD. At minimum, these measures must include:\n\n(1) Removal of all residential units and critical action structures from the floodway;\n\n(2) Identification of evacuation routes out of the FFRMS floodplain;\n\n(3) A No-Rise Certification for any new improvements in the floodway; and\n\n(4) Elevation (or floodproofing pursuant to \u00a7 55.20(e)(1)) of existing structures within the FFRMS Floodplain, where practicable."], ["24:24:1.1.1.1.31.3.59.4", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "C", "Subpart C\u2014Procedures for Making Determinations on Floodplain Management and Protection of Wetlands", "", "\u00a7\u00a7 55.22-55.25 [Reserved]", "HUD", "", "", "", ""], ["24:24:1.1.1.1.31.3.59.5", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "C", "Subpart C\u2014Procedures for Making Determinations on Floodplain Management and Protection of Wetlands", "", "\u00a7 55.26 Adoption of another agency's review under the Executive orders.", "HUD", "", "", "[59 FR 19107, Apr. 21, 1994, as amended at78 FR 68734, Nov. 15, 2013; 89 FR 30913, Apr. 23, 2024]", "If a proposed action covered under this part is already covered in a prior review performed under Executive Order 11988 or Executive Order 11990 by another agency, including HUD or a different responsible entity, that review may be adopted by HUD or by a responsible entity authorized under 24 CFR part 58 without further public notice, provided that:\n\n(a) There is no pending litigation relating to the other agency's review for floodplain management or wetland protection;\n\n(b) The adopting agency makes a finding that:\n\n(1) The action currently proposed has not substantially changed in project description, scope, and magnitude from the action previously reviewed by the other agency; and\n\n(2) There has been no material change in circumstances since the previous review was conducted; and\n\n(c) HUD assistance must be conditioned on mitigation measures prescribed in the previous review."], ["24:24:1.1.1.1.31.3.59.6", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "C", "Subpart C\u2014Procedures for Making Determinations on Floodplain Management and Protection of Wetlands", "", "\u00a7\u00a7 55.27-55.28 [Reserved]", "HUD", "", "", "", ""], ["24:24:1.1.1.1.31.4.59.1", 24, "Housing and Urban Development", "", "", "55", "PART 55\u2014FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS", "D", "Subpart D\u2014Severability", "", "\u00a7 55.30 Severability.", "HUD", "", "", "[89 FR 30913, Apr. 23, 2024]", "Any provision of this part held to be invalid or unenforceable as applied to any action should be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is that the provision of this part is invalid and unenforceable in all circumstances, in which event the provision should be severable from the remainder of this part and shall not affect the remainder thereof."], ["28:28:2.0.1.1.12.1.1.1", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.1 Definitions.", "DOJ", "", "", "[Order No. 1246-87, 53 FR 735, Jan. 12, 1988, as amended by Order No. 1752-93, 58 FR 35372, July 1, 1993; Order No. 3291-2011, 76 FR 54111, Aug. 31, 2011]", "As used in this part\u2014\n\nAct  means the Voting Rights Act of 1965, 79 Stat. 437, Public Law 89-110, as amended by the Civil Rights Act of 1968, 82 Stat. 73, Public Law 90-284, the Voting Rights Act Amendments of 1970, 84 Stat. 314, Public Law 91-285, the District of Columbia Delegate Act, 84 Stat. 853, Public Law 91-405, the Voting Rights Act Amendments of 1975, 89 Stat. 400, Public Law 94-73, the Voting Rights Act Amendments of 1982, 96 Stat. 131, Public Law 97-205, the Voting Rights Language Assistance Act of 1992, 106 Stat. 921, Public Law 102-344, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, 120 Stat. 577, Public Law 109-246, and the Act to Revise the Short Title of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act, 122 Stat. 2428, Public Law 110-258, 42 U.S.C. 1973  et seq.  Section numbers, such as \u201csection 14(c)(3),\u201d refer to sections of the Act.\n\nAttorney General  means the Attorney General of the United States.\n\nLanguage minorities  or  language minority group  is used, as defined in the Act, to refer to persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage. (Sections 14(c)(3) and 203(e)).\n\nPolitical subdivision  is used, as defined in the Act, to refer to \u201cany county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting.\u201d (Section 14(c)(2))."], ["28:28:2.0.1.1.12.1.1.2", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.2 Purpose; standards for measuring compliance.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988]", "(a) The purpose of this part is to set forth the Attorney General's interpretation of the provisions of the Voting Rights Act which require certain States and political subdivisions to conduct elections in the language of certain \u201clanguage minority groups\u201d in addition to English.\n\n(b) In the Attorney General's view the objective of the Act's provisions is to enable members of applicable language minority groups to participate effectively in the electoral process. This part establishes two basic standards by which the Attorney General will measure compliance:\n\n(1) That materials and assistance should be provided in a way designed to allow members of applicable language minority groups to be effectively informed of and participate effectively in voting-connected activities; and\n\n(2) That an affected jurisdiction should take all reasonable steps to achieve that goal.\n\n(c) The determination of what is required for compliance with section 4(f)(4) and section 203(c) is the responsibility of the affected jurisdiction. These guidelines should not be used as a substitute for analysis and decision by the affected jurisdiction.\n\n(d) Jurisdictions covered under section 4(f)(4) of the Act are subject to the preclearance requirements of section 5. See part 51 of this chapter. Such jurisdictions have the burden of establishing to the satisfaction of the Attorney General or to the U.S. District Court for the District of Columbia that changes made in their election laws and procedures in order to comply with the requirements of section 4(f)(4) are not discriminatory under the terms of section 5. However, section 5 expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of the changes.\n\n(e) Jurisdictions covered solely under section 203(c) of the Act are not subject to the preclearance requirements of section 5, nor is there a Federal apparatus available for preclearance of section 203(c) compliance activities. The Attorney General will not preclear jurisdictions' proposals for compliance with section 203(c).\n\n(f) Consideration by the Attorney General of a jurisdiction's compliance with the requirements of section 4(f)(4) occurs in the review pursuant to section 5 of the Act of changes with respect to voting, in the consideration of the need for litigation to enforce the requirements of section 4(f)(4), and in the defense of suits for termination of coverage under section 4(f)(4). Consideration by the Attorney General of a jurisdiction's compliance with the requirements of section 203(c) occurs in the consideration of the need for litigation to enforce the requirements of section 203(c).\n\n(g) In enforcing the Act\u2014through the section 5 preclearance review process, through litigation, and through defense of suits for termination of coverage under section 4(f)(4)\u2014the Attorney General will follow the general policies set forth in this part.\n\n(h) This part is not intended to preclude affected jurisdictions from taking additional steps to further the policy of the Act. By virtue of the Supremacy Clause of Art. VI of the Constitution, the provisions of the Act override any inconsistent State law."], ["28:28:2.0.1.1.12.1.1.3", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 55.3 Statutory requirements.", "DOJ", "", "", "", "The Act's requirements concerning the conduct of elections in languages in addition to English are contained in section 4(f)(4) and section 203(c). These sections state that whenever a jurisdiction subject to their terms \u201cprovides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable language minority group as well as in * * * English. * * *\u201d"], ["28:28:2.0.1.1.12.2.1.1", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "B", "Subpart B\u2014Nature of Coverage", "", "\u00a7 55.4 Effective date; list of covered jurisdictions.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988; Order No. 3291-2011, 76 FR 54111, Aug. 31, 2011]", "(a) The minority language provisions of the Voting Rights Act were added by the Voting Rights Act Amendments of 1975, and amended and extended in 1982, 1992, and 2006.\n\n(1) The requirements of section 4(f)(4) take effect upon publication in the  Federal Register  of the requisite determinations of the Director of the Census and the Attorney General. Such determinations are not reviewable in any court.  See  section 4(b).\n\n(2) The requirements of section 203(c) take effect upon publication in the  Federal Register  of the requisite determinations of the Director of the Census. Such determinations are not reviewable in any court.  See  section 203(b)(4).\n\n(b) Jurisdictions determined to be covered under section 4(f)(4) or section 203(c) are listed, together with the language minority group with respect to which coverage was determined, in the appendix to this part. Any additional determinations of coverage under either section 4(f)(4) or section 203(c) will be published in the  Federal Register."], ["28:28:2.0.1.1.12.2.1.2", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "B", "Subpart B\u2014Nature of Coverage", "", "\u00a7 55.5 Coverage under section 4(f)(4).", "DOJ", "", "", "", "(a)  Coverage formula.  Section 4(f)(4) applies to any State or political subdivision in which\n\n(1) Over five percent of the voting-age citizens were, on November 1, 1972, members of a single language minority group,\n\n(2) Registration and election materials were provided only in English on November 1, 1972, and\n\n(3) Fewer than 50 percent of the voting-age citizens were registered to vote or voted in the 1972 Presidential election.\n\nAll three conditions must be satisfied before coverage exists under section 4(f)(4). \n 1\n\n1  Coverage is based on sections 4(b) (third sentence), 4(c), and 4(f)(3).\n\n(b) Coverage may be determined with regard to section 4(f)(4) on a statewide or political subdivision basis.\n\n(1) Whenever the determination is made that the bilingual requirements of section 4(f)(4) are applicable to an entire State, these requirements apply to each of the State's political subdivisions as well as to the State. In other words, each political subdivision within a covered State is subject to the same requirements as the State.\n\n(2) Where an entire State is not covered under section 4(f)(4), individual political subdivisions may be covered."], ["28:28:2.0.1.1.12.2.1.3", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "B", "Subpart B\u2014Nature of Coverage", "", "\u00a7 55.6 Coverage under section 203(c).", "DOJ", "", "", "[Order No. 1752-93, 58 FR 35372, July 1, 1993]", "(a)  Coverage formula.  There are four ways in which a political subdivision can become subject to section 203(c). \n 2\n\n2  The criteria for coverage are contained in section 203(b).\n\n(1)  Political subdivision approach.  A political subdivision is covered if\u2014\n\n(i) More than 5 percent of its voting age citizens are members of a single language minority group and are limited-English proficient; and\n\n(ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate.\n\n(2)  State approach.  A political subdivision is covered if\u2014\n\n(i) It is located in a state in which more than 5 percent of the voting age citizens are members of a single language minority and are limited-English proficient;\n\n(ii) The illiteracy rate of such language minority citizens in the state is higher than the national illiteracy rate; and\n\n(iii) Five percent or more of the voting age citizens of the political subdivision are members of such language minority group and are limited-English proficient.\n\n(3)  Numerical approach.  A political subdivision is covered if\u2014\n\n(i) More than 10,000 of its voting age citizens are members of a single language minority group and are limited-English proficient; and\n\n(ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate.\n\n(4)  Indian reservation approach.  A political subdivision is covered if there is located within its borders all or any part of an Indian reservation\u2014\n\n(i) In which more than 5 percent of the voting age American Indian or Alaska Native citizens are members of a single language minority group and are limited-English proficient; and\n\n(ii) The illiteracy rate of such language minority citizens is higher than the national illiteracy rate.\n\n(b)  Definitions.  For the purpose of determinations of coverage under section 203(c),  limited-English proficient  means unable to speak or understand English adequately enough to participate in the electoral process;  Indian reservation  means any area that is an American Indian or Alaska Native area, as defined by the Census Bureau for the purposes of the 1990 decennial census; and  illiteracy  means the failure to complete the fifth primary grade.\n\n(c)  Determinations.  Determinations of coverage under section 203(c) are made with regard to specific language groups of the language minorities listed in section 203(e)."], ["28:28:2.0.1.1.12.2.1.4", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "B", "Subpart B\u2014Nature of Coverage", "", "\u00a7 55.7 Termination of coverage.", "DOJ", "", "", "[Order No. 3291-2011, 76 FR 54111, Aug. 31, 2011]", "(a)  Section 4(f)(4).  The requirements of section 4(f)(4) apply for a twenty-five-year period following the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, C\u00e9sar E. Ch\u00e1vez, Barbara C. Jordan, William C. Vel\u00e1squez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006, which amendments became effective on July 27, 2006. See section 4(a)(8). A covered State, a political subdivision of a covered State, a separately covered political subdivision, or a political subunit of any of the above, may terminate the application of section 4(f)(4) earlier by obtaining the declaratory judgment described in section 4(a) of the Act.\n\n(b)  Section 203(c).  The requirements of section 203(c) apply until August 6, 2032. See section 203(b). A covered jurisdiction may terminate Section 203 coverage earlier if it can prove in a declaratory judgment action in a United States district court, that the illiteracy rate of the applicable language minority group is equal to or less than the national illiteracy rate, as described in section 203(d) of the Act."], ["28:28:2.0.1.1.12.2.1.5", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "B", "Subpart B\u2014Nature of Coverage", "", "\u00a7 55.8 Relationship between section 4(f)(4) and section 203(c).", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 3291-2011, 76 FR 54112, Aug. 31, 2011]", "(a) The statutory requirements of section 4(f)(4) and section 203(c) regarding minority language material and assistance are essentially identical.\n\n(b) Jurisdictions subject to the requirements of section 4(f)(4)\u2014but not jurisdictions subject only to the requirements of section 203(c)\u2014are also subject to the Act's special provisions, such as section 5 (regarding preclearance of changes in voting laws) and section 8 (regarding federal observers).\n 2 \n   See part 51 of this chapter.\n\n2  In addition, a jurisdiction covered under section 203(c) but not under section 4(f)(4) is subject to the Act's special provisions if it was covered under section 4(b) prior to the 1975 Amendments to the Act.\n\n(c) Although the coverage formulas applicable to section 4(f)(4) and section 203(c) are different, a political subdivision may be included within both of the coverage formulas. Under these circumstances, a judgment terminating coverage of the jurisdiction under one provision would not have the effect of terminating coverage under the other provision."], ["28:28:2.0.1.1.12.2.1.6", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "B", "Subpart B\u2014Nature of Coverage", "", "\u00a7 55.9 Coverage of political units within a county.", "DOJ", "", "", "", "Where a political subdivision (e.g., a county) is determined to be subject to section 4(f)(4) or section 203(c), all political units that hold elections within that political subdivision (e.g., cities, school districts) are subject to the same requirements as the political subdivision."], ["28:28:2.0.1.1.12.2.1.7", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "B", "Subpart B\u2014Nature of Coverage", "", "\u00a7 55.10 Types of elections covered.", "DOJ", "", "", "", "(a)  General.  The language provisions of the Act apply to registration for and voting in any type of election, whether it is a primary, general or special election. Section 14(c)(1). This includes elections of officers as well as elections regarding such matters as bond issues, constitutional amendments and referendums. Federal, State and local elections are covered as are elections of special districts, such as school districts and water districts.\n\n(b)  Elections for statewide office.  If an election conducted by a county relates to Federal or State offices or issues as well as county offices or issues, a county subject to the bilingual requirements must insure compliance with those requirements with respect to all aspects of the election, i.e., the minority language material and assistance must deal with the Federal and State offices or issues as well as county offices or issues.\n\n(c)  Multi-county districts.  Regarding elections for an office representing more than one county, e.g., State legislative districts and special districts that include portions of two or more counties, the bilingual requirements are applicable on a county-by-county basis. Thus, minority language material and assistance need not be provided by the government in counties not subject to the bilingual requirements of the Act."], ["28:28:2.0.1.1.12.3.1.1", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "C", "Subpart C\u2014Determining the Exact Language", "", "\u00a7 55.11 General.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988; Order No. 3291-2011, 76 FR 54112, Aug. 31, 2011]", "The requirements of section 4(f)(4) or section 203(c) apply with respect to the languages of language minority groups. The applicable groups are indicated in the determinations of the Attorney General or the Director of the Census. This subpart relates to the view of the Attorney General concerning the determination by covered jurisdictions of precisely the language to be employed. In enforcing the Act, the Attorney General will consider whether the languages, forms of languages, or dialects chosen by covered jurisdictions for use in the electoral process enable members of applicable language minority groups to participate effectively in the electoral process. It is the responsibility of covered jurisdictions to determine what languages, forms of languages, or dialects will be effective. For those jurisdictions covered under section 203(c), the coverage determination (indicated in the appendix) may specify the particular language minority group (in parentheses) for which the jurisdiction is covered, but does not specify the language or dialect to be used for such group."], ["28:28:2.0.1.1.12.3.1.2", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "C", "Subpart C\u2014Determining the Exact Language", "", "\u00a7 55.12 Language used for written material.", "DOJ", "", "", "", "(a)  Language minority groups having more than one language.  Some language minority groups, for example, Filipino Americans, have more than one language other than English. A jurisdiction required to provide election materials in the language of such a group need not provide materials in more than one language other than English. The Attorney General will consider whether the language that is used for election materials is the one most widely used by the jurisdiction's voting-age citizens who are members of the language minority group.\n\n(b)  Languages with more than one written form.  Some languages, for example, Japanese, have more than one written form. A jurisdiction required to provide election materials in such a language need not provide more than one version. The Attorney General will consider whether the particular version of the language that is used for election materials is the one most widely used by the jurisdiction's voting-age citizens who are members of the language minority group.\n\n(c)  Unwritten languages.  Many of the languages used by language minority groups, for example, by some American Indians and Alaskan Natives, are unwritten. With respect to any such language, only oral assistance and publicity are required. Even though a written form for a language may exist, a language may be considered unwritten if it is not commonly used in a written form. It is the responsibility of the covered jurisdiction to determine whether a language should be considered written or unwritten."], ["28:28:2.0.1.1.12.3.1.3", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "C", "Subpart C\u2014Determining the Exact Language", "", "\u00a7 55.13 Language used for oral assistance and publicity.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988; Order No. 1752-93, 58 FR 35373, July 1, 1993]", "(a)  Languages with more than one dialect.  Some languages, for example, Chinese, have several dialects. Where a jurisdiction is obligated to provide oral assistance in such a language, the jurisdiction's obligation is to ascertain the dialects that are commonly used by members of the applicable language minority group in the jurisdiction and to provide oral assistance in such dialects. (See \u00a7 55.20.)\n\n(b)  Language minority groups having more than one language.  In some jurisdictions members of an applicable language minority group speak more than one language other than English. Where a jurisdiction is obligated to provide oral assistance in the language of such a group, the jurisdiction's obligation is to ascertain the languages that are commonly used by members of that group in the jurisdiction and to provide oral assistance in such languages. (See \u00a7 55.20)"], ["28:28:2.0.1.1.12.4.1.1", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.14 General.", "DOJ", "", "", "", "(a) This subpart sets forth the views of the Attorney General with respect to the requirements of section 4(f)(4) and section 203(c) concerning the provision of minority language materials and assistance and some of the factors that the Attorney General will consider in carrying out his responsibilities to enforce section 4(f)(4) and section 203(c). Through the use of his authority under section 5 and his authority to bring suits to enforce section 4(f)(4) and section 203(c), the Attorney General will seek to prevent or remedy discrimination against members of language minority groups based on the failure to use the applicable minority language in the electoral process. The Attorney General also has the responsibility to defend against suits brought for the termination of coverage under section 4(f)(4) and section 203(c).\n\n(b) In discharging these responsibilities the Attorney General will respond to complaints received, conduct on his own initiative inquiries and surveys concerning compliance, and undertake other enforcement activities.\n\n(c) It is the responsibility of the jurisdiction to determine what actions by it are required for compliance with the requirements of section 4(f)(4) and section 203(c) and to carry out these actions."], ["28:28:2.0.1.1.12.4.1.2", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.15 Affected activities.", "DOJ", "", "", "", "The requirements of sections 4(f)(4) and 203(c) apply with regard to the provision of \u201cany registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots.\u201d The basic purpose of these requirements is to allow members of applicable language minority groups to be effectively informed of and participate effectively in voting-connected activities. Accordingly, the quoted language should be broadly construed to apply to all stages of the electoral process, from voter registration through activities related to conducting elections, including, for example the issuance, at any time during the year, of notifications, announcements, or other informational materials concerning the opportunity to register, the deadline for voter registration, the time, places and subject matters of elections, and the absentee voting process."], ["28:28:2.0.1.1.12.4.1.3", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.16 Standards and proof of compliance.", "DOJ", "", "", "", "Compliance with the requirements of section 4(f)(4) and section 203(c) is best measured by results. A jurisdiction is more likely to achieve compliance with these requirements if it has worked with the cooperation of and to the satisfaction of organizations representing members of the applicable language minority group. In planning its compliance with section 4(f)(4) or section 203(c), a jurisdiction may, where alternative methods of compliance are available, use less costly methods if they are equivalent to more costly methods in their effectiveness."], ["28:28:2.0.1.1.12.4.1.4", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.17 Targeting.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1752-93, 58 FR 35373, July 1, 1993]", "The term \u201ctargeting\u201d is commonly used in discussions of the requirements of section 4(f)(4) and section 203(c). \u201cTargeting\u201d refers to a system in which the minority language materials or assistance required by the Act are provided to fewer than all persons or registered voters. It is the view of the Attorney General that a targeting system will normally fulfill the Act's minority language requirements if it is designed and implemented in such a way that language minority group members who need minority language materials and assistance receive them."], ["28:28:2.0.1.1.12.4.1.5", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.18 Provision of minority language materials and assistance.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 733-77, 42 FR 35970, July 13, 1977]", "(a)  Materials provided by mail.  If materials provided by mail (or by some comparable form of distribution) generally to residents or registered voters are not all provided in the applicable minority language, the Attorney General will consider whether an effective targeting system has been developed. For example, a separate mailing of materials in the minority language to persons who are likely to need them or to residents of neighborhoods in which such a need is likely to exist, supplemented by a notice of the availability of minority language materials in the general mailing (in English and in the applicable minority language) and by other publicity regarding the availability of such materials may be sufficient.\n\n(b)  Public notices.  The Attorney General will consider whether public notices and announcements of electoral activities are handled in a manner that provides members of the applicable language minority group an effective opportunity to be informed about electoral activities.\n\n(c)  Registration.  The Attorney General will consider whether the registration system is conducted in such a way that members of the applicable language minority group have an effective opportunity to register. One method of accomplishing this is to provide, in the applicable minority language, all notices, forms and other materials provided to potential registrants and to have only bilingual persons as registrars. Effective results may also be obtained, for example, through the use of deputy registrars who are members of the applicable language minority group and the use of decentralized places of registration, with minority language materials available at places where persons who need them are most likely to come to register.\n\n(d)  Polling place activities.  The Attorney General will consider whether polling place activities are conducted in such a way that members of the applicable language minority group have an effective opportunity to vote. One method of accomplishing this is to provide all notices, instructions, ballots, and other pertinent materials and oral assistance in the applicable minority language. If very few of the registered voters scheduled to vote at a particular polling place need minority language materials or assistance, the Attorney General will consider whether an alternative system enabling those few to cast effective ballots is available.\n\n(e)  Publicity.  The Attorney General will consider whether a covered jurisdiction has taken appropriate steps to publicize the availability of materials and assistance in the minority language. Such steps may include the display of appropriate notices, in the minority language, at voter registration offices, polling places, etc., the making of announcements over minority language radio or television stations, the publication of notices in minority language newspapers, and direct contact with language minority group organizations."], ["28:28:2.0.1.1.12.4.1.6", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.19 Written materials.", "DOJ", "", "", "", "(a)  Types of materials.  It is the obligation of the jurisdiction to decide what materials must be provided in a minority language. A jurisdiction required to provide minority language materials is only required to publish in the language of the applicable language minority group materials distributed to or provided for the use of the electorate generally. Such materials include, for example, ballots, sample ballots, informational materials, and petitions.\n\n(b)  Accuracy, completeness.  It is essential that material provided in the language of a language minority group be clear, complete and accurate. In examining whether a jurisdiction has achieved compliance with this requirement, the Attorney General will consider whether the jurisdiction has consulted with members of the applicable language minority group with respect to the translation of materials.\n\n(c)  Ballots.  The Attorney General will consider whether a jurisdiction provides the English and minority language versions on the same document. Lack of such bilingual preparation of ballots may give rise to the possibility, or to the appearance, that the secrecy of the ballot will be lost if a separate minority language ballot or voting machine is used.\n\n(d)  Voting machines.  Where voting machines that cannot mechanically accommodate a ballot in English and in the applicable minority language are used, the Attorney General will consider whether the jurisdiction provides sample ballots for use in the polling booths. Where such sample ballots are used the Attorney General will consider whether they contain a complete and accurate translation of the English ballots, and whether they contain or are accompanied by instructions in the minority language explaining the operation of the voting machine. The Attorney General will also consider whether the sample ballots are displayed so that they are clearly visible and at the same level as the machine ballot on the inside of the polling booth, whether the sample ballots are identical in layout to the machine ballots, and whether their size and typeface are the same as that appearing on the machine ballots. Where space limitations preclude affixing the translated sample ballots to the inside of polling booths, the Attorney General will consider whether language minority group voters are allowed to take the sample ballots into the voting booths."], ["28:28:2.0.1.1.12.4.1.7", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.20 Oral assistance and publicity.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1752-93, 58 FR 35373, July 1, 1993]", "(a)  General.  Announcements, publicity, and assistance should be given in oral form to the extent needed to enable members of the applicable language minority group to participate effectively in the electoral process.\n\n(b)  Assistance.  The Attorney General will consider whether a jurisdiction has given sufficient attention to the needs of language minority group members who cannot effectively read either English or the applicable minority language and to the needs of members of language minority groups whose languages are unwritten.\n\n(c)  Helpers.  With respect to the conduct of elections, the jurisdiction will need to determine the number of helpers (i.e., persons to provide oral assistance in the minority language) that must be provided. In evaluating the provision of assistance, the Attorney General will consider such facts as the number of a precinct's registered voters who are members of the applicable language minority group, the number of such persons who are not proficient in English, and the ability of a voter to be assisted by a person of his or her own choice. The basic standard is one of effectiveness."], ["28:28:2.0.1.1.12.4.1.8", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "D", "Subpart D\u2014Minority Language Materials and Assistance", "", "\u00a7 55.21 Record keeping.", "DOJ", "", "", "", "The Attorney General's implementation of the Act's provisions concerning language minority groups would be facilitated if each covered jurisdiction would maintain such records and data as will document its actions under those provisions, including, for example, records on such matters as alternatives considered prior to taking such actions, and the reasons for choosing the actions finally taken."], ["28:28:2.0.1.1.12.5.1.1", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "E", "Subpart E\u2014Preclearance", "", "\u00a7 55.22 Requirements of section 5 of the Act.", "DOJ", "", "", "", "For many jurisdictions, changes in voting laws and practices will be necessary in order to comply with section 4(f)(4) or section 203(c). If a jurisdiction is subject to the preclearance requirements of section 5 (see \u00a7 55.8(b)), such changes must either be submitted to the Attorney General or be made the subject of a declaratory judgment action in the U.S. District Court for the District of Columbia. Procedures for the administration of section 5 are set forth in part 51 of this chapter."], ["28:28:2.0.1.1.12.6.1.1", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "F", "Subpart F\u2014Sanctions", "", "\u00a7 55.23 Enforcement by the Attorney General.", "DOJ", "", "", "[Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 3291-2011, 76 FR 54112, Aug. 31, 2011]", "(a) The Attorney General is authorized to bring civil actions for appropriate relief against violations of the Act's provisions, including section 4 and section 203. See sections 12(d) and 204.\n\n(b) Also, certain violations may be subject to criminal sanctions. See sections 12(a) and (c) and 205."], ["28:28:2.0.1.1.12.7.1.1", 28, "Judicial Administration", "I", "", "55", "PART 55\u2014IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS", "G", "Subpart G\u2014Comment on This Part", "", "\u00a7 55.24 Procedure.", "DOJ", "", "", "", "These guidelines may be modified from time to time on the basis of experience under the Act and comments received from interested parties. The Attorney General therefore invites public comments and suggestions on these guidelines. Any party who wishes to make such suggestions or comments may do so by sending them to: Assistant Attorney General, Civil Rights Division, Department of Justice, Washington, DC 20530."], ["33:33:1.0.1.2.24.1.1.1", 33, "Navigation and Navigable Waters", "I", "B", "55", "PART 55\u2014CHILD DEVELOPMENT SERVICES", "A", "Subpart A\u2014General", "", "\u00a7 55.1 Purpose.", "USCG", "", "", "", "This subpart implements 46 U.S.C. 515, which provides for Coast Guard Child Development Services."], ["33:33:1.0.1.2.24.1.1.2", 33, "Navigation and Navigable Waters", "I", "B", "55", "PART 55\u2014CHILD DEVELOPMENT SERVICES", "A", "Subpart A\u2014General", "", "\u00a7 55.3 Who is covered by this subpart?", "USCG", "", "", "", "This subpart applies to all Coast Guard installations."], ["33:33:1.0.1.2.24.1.1.3", 33, "Navigation and Navigable Waters", "I", "B", "55", "PART 55\u2014CHILD DEVELOPMENT SERVICES", "A", "Subpart A\u2014General", "", "\u00a7 55.5 Who is eligible for child development services?", "USCG", "", "", "", "Coast Guard members and civilian Coast Guard employees are eligible for the child developmental services described in this subpart. As space is available, members of the other Armed Forces and other Federal civilian employees are also eligible."], ["33:33:1.0.1.2.24.1.1.4", 33, "Navigation and Navigable Waters", "I", "B", "55", "PART 55\u2014CHILD DEVELOPMENT SERVICES", "A", "Subpart A\u2014General", "", "\u00a7 55.7 Definitions.", "USCG", "", "", "", "As used in this subpart\u2014\n\nChild development center  means a facility located on a Coast Guard installation that offers, on a regularly scheduled basis, developmental services designed to foster social, emotional, physical, creative, and intellectual growth to groups of children.\n\nChild development services  means developmental services provided at a child development center or by a family child care provider at his or her Coast Guard-owned or -leased home.\n\nCoast Guard family child care provider  means a Coast Guard family member, 18 years of age or older, who provides child care for 10 hours or more per week per child to one but no more than six children, including the provider's own children under the age of eight, on a regular basis in his or her Coast Guard-owned or -leased housing.\n\nCoast Guard family child care services  means child care provided on a regularly scheduled basis for 10 hours or more a week by an individual certified by the Coast Guard and who resides in Coast Guard-controlled housing.\n\nCommand  means the Commanding Officer of one or more units of personnel in a limited geographic area with responsibility for a child development center.\n\nFamily child care  means child care provided in the home of a provider, either a Coast Guard family child care provider or a family home day care provider.\n\nFamily home day care provider  means an individual 18 years of age or older who is licensed by the state agency that regulates child care. This person provides child care to one but to no more than six children, including the provider's own children under the age of eight, on a regular basis in his or her residence.\n\nGeographic cost of living allowance  means the adjustment in basic pay related to higher living costs in certain geographic areas.\n\nTotal family income  means the earned income for adult members of the household including wages, salaries, tips, long-term disability benefits received by a family, incentive and special pay for service or anything else of value, even if not taxable, that was received for providing services. Also included is Basic Allowance for Housing and Basic Allowance for Subsistence authorized for the pay grade of military personnel, whether the allowance is received in cash or in-kind. Total Family Income does not include: the geographic cost of living allowance; alimony and child support; temporary duty allowances or reimbursements for educational expenses; veterans benefits; workers compensation benefits; and, unemployment compensation. These are to be excluded from total family income.\n\nUneconomical and inefficient  means that the fees collected from parents can not be used in a manner that provides a quality program at an affordable cost to parents using the child care services."], ["33:33:1.0.1.2.24.1.1.5", 33, "Navigation and Navigable Waters", "I", "B", "55", "PART 55\u2014CHILD DEVELOPMENT SERVICES", "A", "Subpart A\u2014General", "", "\u00a7 55.9 Child development centers.", "USCG", "", "", "", "(a) The Commandant may make child development services available at child development centers located at Coast Guard installations.\n\n(b) Regular and unannounced inspections of each child development center shall be conducted annually by headquarters program personnel, the commanding officer of the sponsoring command, fire personnel, and health and safety personnel.\n\n(c) Training programs shall be conducted monthly to ensure that all child development center employees complete a minimum of 20 hours of training annually with respect to early childhood development, activities and disciplinary techniques appropriate to children of different ages, child abuse prevention and detection, and appropriate emergency medical procedures."], ["33:33:1.0.1.2.24.1.1.6", 33, "Navigation and Navigable Waters", "I", "B", "55", "PART 55\u2014CHILD DEVELOPMENT SERVICES", "A", "Subpart A\u2014General", "", "\u00a7 55.11 How are child development center fees established?", "USCG", "", "", "", "(a) Fees for the provision of services at child development centers shall be set by each Command with responsibility for a center-based program, according to the following total family income chart:\n\nTotal Family Income\n \n $0 to $23,000\n \n $23,001 to $34,000\n \n $34,001 to $44,000\n \n $44,001 to $55,000\n \n Over $55,000\n\n$0 to $23,000\n\n$23,001 to $34,000\n\n$34,001 to $44,000\n\n$44,001 to $55,000\n\nOver $55,000\n\n(b) Fees for the provision of services at Coast Guard child development centers shall be used only for compensation for employees at those centers who are directly involved in providing child care, unless it is uneconomical and inefficient. If uneconomical and inefficient, then the fees may be used for:\n\n(1) The purchase of consumable or disposable items for Coast Guard child development centers; and\n\n(2) If the requirements of such centers for consumable or disposable items for a given fiscal year have been met, for other expenses of those centers."], ["33:33:1.0.1.2.24.1.1.7", 33, "Navigation and Navigable Waters", "I", "B", "55", "PART 55\u2014CHILD DEVELOPMENT SERVICES", "A", "Subpart A\u2014General", "", "\u00a7 55.13 Family child care providers.", "USCG", "", "", "", "When appropriated funds are available, funds may be offered to provide assistance to Coast Guard Family Child Care Providers or to family home day care providers so that family child care services can be provided to military members and civilian employees of the Coast Guard, at a cost comparable to the cost of services at Coast Guard child development centers."], ["40:40:6.0.1.1.3.0.1.1", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.1 Statutory authority and scope.", "EPA", "", "", "", "Section 328(a)(1) of the Clean Air Act (\u201cthe Act\u201d), requires the Environmental Protection Agency (\u201cEPA\u201d) to establish requirements to control air pollution from outer continental shelf (\u201cOCS\u201d) sources in order to attain and maintain Federal and State ambient air quality standards and to comply with the provisions of part C of title I of the Act. This part establishes the air pollution control requirements for OCS sources and the procedures for implementation and enforcement of the requirements, consistent with these stated objectives of section 328(a)(1) of the Act. In implementing, enforcing and revising this rule and in delegating authority hereunder, the Administrator will ensure that there is a rational relationship to the attainment and maintenance of Federal and State ambient air quality standards and the requirements of part C of title I, and that the rule is not used for the purpose of preventing exploration and development of the OCS."], ["40:40:6.0.1.1.3.0.1.10", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.10 Fees.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996]", "(a)  OCS sources located within 25 miles of States' seaward boundaries.  (1) The EPA will calculate and collect operating permit fees from OCS sources in accordance with the requirements of 40 CFR part 71.\n\n(2) EPA will collect all other fees from OCS sources calculated in accordance with the fee requirements imposed in the COA if the fees are based on regulatory objectives, such as discouraging emissions. If the fee requirements are based on cost recovery objectives, however, EPA will adjust the fees to reflect the costs to EPA to issue permits and administer the permit program.\n\n(3) Upon delegation, the delegated agency will collect fees from OCS sources calculated in accordance with the fee requirements imposed in the COA. Upon delegation of authority to implement and enforce any portion of this part, EPA will cease to collect fees imposed in conjunction with that portion.\n\n(b) The OCS sources located beyond 25 miles of States' seaward boundaries. The EPA will calculate and collect operating permit fees from OCS sources in accordance with the requirements of 40 CFR part 71."], ["40:40:6.0.1.1.3.0.1.11", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.11 Delegation.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46409, Sept. 2, 1997]", "(a) The Governor or the Governor's designee of any State adjacent to an OCS source subject to the requirements of this part may submit a request, purusant to section 328(a)(3) of the Act, to the Administrator for the authority to implement and enforce the requirements of this OCS program: Within 25 miles of the State's seaward boundary; and/or Beyond 25 miles of the State's seaward boundary. Authority to implement and enforce \u00a7\u00a7 55.5, 55.11, and 55.12 of this part will not be delegated.\n\n(b) The Administrator will delegate implementation and enforcement authority to a State if the State has an adjacent OCS source and the Administrator determines that the State's regulations are adequate, including a demonstration by the State that the State has:\n\n(1) Adopted the appropriate portions of this part into State law;\n\n(2) Adequate authority under State law to implement and enforce the requirements of this part. A letter from the State Attorney General shall be required stating that the requesting agency has such authority;\n\n(3) Adequate resources to implement and enforce the requirements of this part; and\n\n(4) Adequate administrative procedures to implement and enforce the requirements of this part, including public notice and comment procedures.\n\n(c) The Administrator will notify in writing the Governor or the Governor's designee of the Administrator's final action on a request for delegation within 6 months of the receipt of the request.\n\n(d) If the Administrator finds that the State regulations are adequate, the Administrator will authorize the State to implement and enforce the OCS requirements under State law. If the Administrator finds that only part of the State regulations are adequate, he will authorize the State to implement and enforce only that portion of this part.\n\n(e) Upon delegation, a State may use any authority it possesses under State law to enforce any permit condition or any other requirement of this part for which the agency has delegated authority under this part. A State may use any authority it possesses under State law to require monitoring and reporting and to conduct inspections.\n\n(f) Nothing in this part shall prohibit the Administrator from enforcing any requirement of this part.\n\n(g) The Administrator will withdraw a delegation of any authority to implement and enforce any or all of this part if the Administrator determines that: (1) The requirements of this part are not being adequately implemented or enforced by the delegated agency, or (2) The delegated agency no longer has adequate regulations as required by \u00a7 55.11(b) of this part.\n\n(h)  Sharing of information.  Any information obtained or used in the administration of a delegated program shall be made available to EPA upon request without restriction. If the information has been submitted to the delegated agency under a claim of confidentiality, the delegated agency must notify the source of this obligation and submit that claim to EPA. Any information obtained from a delegated agency accompanied by a claim of confidentiality will be treated in accordance with the requirements of 40 CFR part 2.\n\n(i)  Grant of exemptions.  A decision by a delegated agency to grant or deny an exemption request may be appealed to the Administrator in accordance with \u00a7 55.7 of this part.\n\n(j)  Delegated authority.  The delegated agency in the COA for sources located within 25 miles of the State's seaward boundary or the delegated agency in the NOA for sources located beyond 25 miles of the State's seaward boundary will exercise all delegated authority. If there is no delegated agency in the COA for sources located within 25 miles of the State's seaward boundary, or in the NOA for sources located beyond 25 miles of the State's seaward boundary, the EPA will issue the permit and implement and enforce the requirements of this part. For sources located within 25 miles of the State's seaward boundary, the Administrator may retain the authority for implementing and enforcing the requirements of this part if the NOA and COA are in different States."], ["40:40:6.0.1.1.3.0.1.12", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.12 Consistency updates.", "EPA", "", "", "", "(a) The Administrator will update this part as necessary to maintain consistency with the regulations of onshore areas in order to attain and maintain Federal and State ambient standards and comply with part C of title I of the Act.\n\n(b) Where an OCS activity is occurring within 25 miles of a State seaward boundary, consistency reviews will occur at least annually. In addition, in accordance with paragraphs (c) and (d) of this section, consistency reviews will occur upon receipt of an NOI and when a State or local agency submits a rule to EPA to be considered for incorporation by reference in this part 55.\n\n(1) Upon initiation of a consistency review, the Administrator will evaluate the requirements of part 55 to determine whether they are consistent with the current onshore requirements.\n\n(2) If the Administrator finds that part 55 is inconsistent with the requirements in effect in the onshore area, EPA will conduct a notice and comment rulemaking to update part 55 accordingly.\n\n(c)  Consistency reviews triggered by receipt of an NOI.  Upon receipt of an NOI, the Administrator will initiate a consistency review of regulations in the onshore area.\n\n(1) If the NOI is submitted by a source for which the COA has previously been assigned, EPA will publish a proposed consistency update in the  Federal Register  no later than 60 days after the receipt of the NOI, if an update is deemed necessary by the Administrator:\n\n(2) If the NOI is submitted by a source requiring a COA designation, EPA will publish a proposed consistency update in the  Federal Register,  if an update is deemed necessary by the Administrator:\n\n(i) No later than 75 days after receipt of the NOI if no adjacent areas submit a request for COA designation and the NOA becomes the COA by default, or\n\n(ii) No later than 105 days after receipt of the NOI if an adjacent area submits a request to be designated as COA but fails to submit the required demonstration within 90 days of receipt of the NOI, or\n\n(iii) No later than 15 days after the date of the final COA determination if one or more demonstrations are received.\n\n(d)  Consistency reviews triggered by State and local air pollution control agencies submitting rules directly to EPA for inclusion into part 55.  (1) EPA will propose in the  Federal Register  to approve applicable rules submitted by State or local regulatory agencies for incorporation by reference into \u00a7 55.14 of this part by the end of the calendar quarter following the quarter in which the submittal is received by EPA.\n\n(2) State and local rules submitted for inclusion in part 55 must be rationally related to the attainment and maintenance of Federal or State ambient air quality standards or to the requirements of part C of title I of the Act. The submittal must be legible and unmarked, with the adoption date and the name of the agency on each page, and must be accompanied by proof of adoption.\n\n(e) No rule or regulation that EPA finds to be arbitrary or capricious will be incorporated into this part.\n\n(f) A source may not submit a complete permit application until any update the Administrator deems necessary to make part 55 consistent with the COA's rules has been proposed."], ["40:40:6.0.1.1.3.0.1.13", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.13 Federal requirements that apply to OCS sources.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996]", "(a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of \u00a7 55.14 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply.\n\n(b) In applying the requirements incorporated into this section:\n\n(1)  New Source  means new OCS source; and\n\n(2)  Existing Source  means existing OCS source; and\n\n(3)  Modification  means a modification to an OCS source.\n\n(4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore sources or to sources within State boundaries shall not apply.\n\n(c) 40 CFR part 60 (NSPS) shall apply to OCS sources in the same manner as in the COA, except that any source determined to be an existing source pursuant to \u00a7 55.3(e) of this part shall not be considered a \u201cnew source\u201d for the purpose of NSPS adopted before December 5, 1991.\n\n(d) 40 CFR 52.21 (PSD) shall apply to OCS sources:\n\n(1) Located within 25 miles of a State's seaward boundary if the requirements of 40 CFR 52.21 are in effect in the COA;\n\n(2) Located beyond 25 miles of States' seaward boundaries.\n\n(e) 40 CFR part 61, together with any other provisions promulgated pursuant to section 112 of the Act, shall apply if rationally related to the attainment and maintenance of Federal or State ambient air quality standards or the requirements of part C of title I of the Act.\n\n(f) 40 CFR part 71 shall apply to OCS sources:\n\n(1) Located within 25 miles of States' seaward boundaries if the requirements of 40 CFR part 71 are in effect in the COA.\n\n(2) Located beyond 25 miles of States' seaward boundaries.\n\n(3) When an operating permits program approved pursuant to 40 CFR part 70 is in effect in the COA and a Federal operating permit is issued to satisfy an EPA objection pursuant to 40 CFR 71.4(e).\n\n(g) The provisions of 40 CFR 52.10, 40 CFR 52.24, and 40 CFR part 51 and accompanying appendix S shall apply to OCS sources located within 25 miles of States' seaward boundaries, if these requirements are in effect in the COA.\n\n(h) If the Administrator determines that additional requirements are necessary to protect Federal and State ambient air quality standards or to comply with part C of title I, such requirements will be incorporated in this part."], ["40:40:6.0.1.1.3.0.1.14", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992]", "(a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of \u00a7 55.13 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply.\n\n(b) In applying the requirements incorporated into this section:\n\n(1)  New Source  means new OCS source; and\n\n(2)  Existing Source  means existing OCS source; and\n\n(3)  Modification  means a modification to an existing OCS source.\n\n(4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore sources or to sources within State boundaries shall not apply.\n\n(c) During periods of EPA implementation and enforcement of this section, the following shall apply:\n\n(1) Any reference to a State or local air pollution control agency or air pollution control officer shall mean EPA or the Administrator, respectively.\n\n(2) Any submittal to State or local air pollution control agency shall instead be submitted to the Administrator through the EPA Regional Office.\n\n(3) Nothing in this section shall alter or limit EPA's authority to administer or enforce the requirements of this part under Federal law.\n\n(4) EPA shall not be bound by any State or local administrative or procedural requirements including, but not limited to, requirements pertaining to hearing boards, permit issuance, public notice procedures, and public hearings. EPA will follow the applicable procedures set forth elsewhere in this part, in 40 CFR part 124, and in Federal rules promulgated pursuant to title V of the Act (as such rules apply in the COA), when administering this section.\n\n(5) Only those requirements of 40 CFR part 52 that are rationally related to the attainment and maintenance of Federal or State ambient air quality standards or part C of title I shall apply to OCS sources.\n\n(d)  Implementation Plan Requirements.  (1) [Reserved]\n\n(2) Alaska.\n\n(i) 40 CFR part 52, subpart C.\n\n(ii) [Reserved]\n\n(3) California.\n\n(i) 40 CFR part 52, subpart F.\n\n(ii) [Reserved]\n\n(4) [Reserved]\n\n(5) Delaware.\n\n(i) 40 CFR part 52, subpart I.\n\n(ii) [Reserved]\n\n(6) Florida.\n\n(i) 40 CFR part 52, subpart K.\n\n(ii) [Reserved]\n\n(7)-(9) [Reserved]\n\n(10) Maryland.\n\n(i) 40 CFR part 52, subpart V.\n\n(ii) [Reserved]\n\n(11) Massachusetts.\n\n(i) 40 CFR part 52, subpart W.\n\n(ii) [Reserved]\n\n(12)-(14) [Reserved]\n\n(15) New Jersey\n\n(i) 40 CFR part 52, subpart FF.\n\n(ii) [Reserved]\n\n(16) New York.\n\n(i) 40 CFR part 52, subpart HH.\n\n(ii) [Reserved]\n\n(17) North Carolina.\n\n(i) 40 CFR part 52, subpart II.\n\n(ii) [Reserved]\n\n(18)-(21) [Reserved]\n\n(22) Virginia.\n\n(i) 40 CFR part 52, subpart VV.\n\n(ii) [Reserved]\n\n(23) [Reserved]\n\n(e)  State and local requirements.  State and local requirements promulgated by EPA as applicable to OCS sources located within 25 miles of States' seaward boundaries have been compiled into separate documents organized by State and local areas of jurisdiction. These documents, set forth below, are incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register Office in accordance with 5 U.S.C. 552 (a) and 40 CFR part 51. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to:  http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  Copies of rules pertaining to particular states or local areas may be inspected or obtained from the EPA Docket Center\u2014Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004 or the appropriate EPA regional offices: U.S. EPA, Region 1 (Massachusetts), One Congress Street, Boston, MA 02114-2023; U.S. EPA, Region 2 (New Jersey and New York), 290 Broadway, New York, NY 10007-1866; U.S. EPA, Region 3 (Delaware), 1650 Arch Street, Philadelphia, PA 19103, (215) 814-5000; U.S. EPA, Region 4 (Florida and North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region 9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S. EPA, Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. \n\n For an informational listing of the State and local requirements incorporated into this part, which are applicable to sources of air pollution located on the OCS, see appendix A to this part.\n\n(1) [Reserved]\n\n(2) Alaska.\n\n(i) State requirements.\n\n(A) State of Alaska Requirements Applicable to OCS Sources, September 15, 2018.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A)\u2014(B) [Reserved]\n\n(3) California.\n\n(i) State requirements.\n\n(A)  State of California Requirements Applicable to OCS Sources , February 2006.\n\n(ii) Local requirements.\n\n(A)-(D) [Reserved]\n\n(E)  San Luis Obispo County Air Pollution Control District Requirements Applicable to OCS Sources,  February 2000.\n\n(F)  Santa Barbara County Air Pollution Control District Requirements Applicable to OCS Sources,  April 2019.\n\n(G)  South Coast Air Quality Management District Requirements Applicable to OCS Sources  (Parts I, II and III), September 2009.\n\n(H)  Ventura County Air Pollution Control District Requirements Applicable to OCS Sources,  parts 1 and 2, April 2017.\n\n(4) [Reserved]\n\n(5) Delaware.\n\n(i) State requirements.\n\n(A) State of Delaware Requirements Applicable to OCS Sources, November 11, 2018.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(6) Florida.\n\n(i) State requirements.\n\n(A) State of Florida Requirements Applicable to OCS Sources, January 2, 2008.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(7)-(9) [Reserved]\n\n(10) Maryland.\n\n(i) State requirements.\n\n(A) State of Maryland Requirements Applicable to OCS Sources, July 28, 2022.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(11) Massachusetts.\n\n(i) State requirements.\n\n(A) Commonwealth of Massachusetts Requirements Applicable to OCS Sources, September 11, 2024.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(12)-(14) [Reserved]\n\n(15) New Jersey\n\n(i) State Requirements.\n\n(A) State of New Jersey Requirements Applicable to OCS Sources, June 6, 2024.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(16) New York.\n\n(i) State Requirements.\n\n(A) State of New York Requirements Applicable to OCS Sources, March 10, 2022.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(17) North Carolina.\n\n(i) State requirements.\n\n(A) State of North Carolina Air Pollution Control Requirements Applicable to OCS Sources, November 8, 2023.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(18)-(21) [Reserved]\n\n(22) Virginia.\n\n(i) State requirements.\n\n(A) Commonwealth of Virginia Requirements Applicable to OCS Sources, September 8, 2021.\n\n(B) [Reserved]\n\n(ii) Local requirements.\n\n(A) [Reserved]\n\n(23) [Reserved]"], ["40:40:6.0.1.1.3.0.1.15", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.15 Specific designation of corresponding onshore areas.", "EPA", "", "", "[58 FR 14159, Mar. 16, 1993]", "(a) California.\n\n(1) The South Coast Air Quality Management District is designated as the COA for the following OCS facilities: Edith, Ellen, Elly, and Eureka.\n\n(2) The Ventura County Air Pollution Control District is designated as the COA for the following OCS facilities: Grace, Gilda, Gail and Gina.\n\n(3) The Santa Barbara County Air Pollution Control District is designated as the COA for the following OCS facilities: Habitat, Hacienda, Harmony, Harvest, Heather, Henry, Heritage, Hermosa, Hidalgo, Hillhouse, Hogan, Houchin, Hondo, Irene, Independence (formerly Iris), the OS and T, and Union A, B, and C.\n\n(b) [Reserved]"], ["40:40:6.0.1.1.3.0.1.2", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.2 Definitions.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997]", "Administrator  means the Administrator of the U.S. Environmental Protection Agency.\n\nCorresponding Onshore Area (COA)  means, with respect to any existing or proposed OCS source located within 25 miles of a State's seaward boundary, the onshore area that is geographically closest to the source or another onshore area that the Administrator designates as the COA, pursuant to \u00a7 55.5 of this part.\n\nDelegated agency  means any agency that has been delegated authority to implement and enforce requirements of this part by the Administrator, pursuant to \u00a7 55.11 of this part. It can refer to a State agency, a local agency, or an Indian tribe, depending on the delegation status of the program.\n\nExisting source or existing OCS source  shall have the meaning given in the applicable requirements incorporated into \u00a7\u00a7 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in \u00a7 55.3 of this part shall apply for the purpose of determining the required date of compliance with this part.\n\nExploratory source or exploratory OCS source  means any OCS source that is a temporary operation conducted for the sole purpose of gathering information. This includes an operation conducted during the exploratory phase to determine the characteristics of the reservoir and formation and may involve the extraction of oil and gas.\n\nModification  shall have the meaning given in the applicable requirements incorporated into \u00a7\u00a7 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in section 111(a) of the Act shall apply for the purpose of determining the required date of compliance with this part, as set forth in \u00a7 55.3 of this part.\n\nNearest Onshore Area (NOA)  means, with respect to any existing or proposed OCS source, the onshore area that is geographically closest to that source.\n\nNew source or new OCS source  shall have the meaning given in the applicable requirements of \u00a7\u00a7 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part, the definition given in \u00a7 55.3 of this part shall apply for the purpose of determining the required date of compliance with this part.\n\nOCS source  means any equipment, activity, or facility which:\n\n(1) Emits or has the potential to emit any air pollutant;\n\n(2) Is regulated or authorized under the Outer Continental Shelf Lands Act (\u201cOCSLA\u201d) (43 U.S.C. \u00a7 1331  et seq. ); and\n\n(3) Is located on the OCS or in or on waters above the OCS.\n\nThis definition shall include vessels only when they are:\n\n(1) Permanently or temporarily attached to the seabed and erected thereon and used for the purpose of exploring, developing or producing resources therefrom, within the meaning of section 4(a)(1) of OCSLA (43 U.S.C. \u00a7 1331  et seq. ); or\n\n(2) Physically attached to an OCS facility, in which case only the stationary sources aspects of the vessels will be regulated.\n\nOnshore area  means a coastal area designated as an attainment, nonattainment, or unclassifiable area by EPA in accordance with section 107 of the Act. If the boundaries of an area designated pursuant to section 107 of the Act do not coincide with the boundaries of a single onshore air pollution control agency, then onshore area shall mean a coastal area defined by the jurisdictional boundaries of an air pollution control agency.\n\nOuter continental shelf  shall have the meaning provided by section 2 of the OCSLA (43 U.S.C. \u00a7 1331  et seq. ).\n\nPotential emissions  means the maximum emissions of a pollutant from an OCS source operating at its design capacity. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as a limit on the design capacity of the source if the limitation is federally enforceable. Pursuant to section 328 of the Act, emissions from vessels servicing or associated with an OCS source shall be considered direct emissions from such a source while at the source, and while enroute to or from the source when within 25 miles of the source, and shall be included in the \u201cpotential to emit\u201d for an OCS source. This definition does not alter or affect the use of this term for any other purposes under \u00a7 55.13 or \u00a7 55.14 of this part, except that vessel emissions must be included in the \u201cpotential to emit\u201d as used in \u00a7\u00a7 55.13 and 55.14 of this part.\n\nResidual emissions  means the difference in emissions from an OCS source if it applies the control requirements(s) imposed pursuant to \u00a7 55.13 or \u00a7 55,14 of this part and emissions from that source if it applies a substitute control requirement pursuant to an exemption granted under \u00a7 55.7 of this part.\n\nState  means the State air pollution control agency that would be the permitting authority, a local air pollution permitting agency, or certain Indian tribes which can be the permitting authority for areas within their jurisdiction. State may also be used in the geographic sense to refer to a State, the NOA, or the COA."], ["40:40:6.0.1.1.3.0.1.3", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.3 Applicability.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997]", "(a) This part applies to all OCS sources except those located in the Gulf of Mexico west of 87.5 degrees longitude.\n\n(b) OCS sources located within 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, which include, but are not limited to, the Federal requirements as set forth in \u00a7 55.13 of this part and the Federal, State, and local requirements of the COA (designated pursuant to \u00a7 55.5 of this part), as set forth in \u00a7 55.14 of this part.\n\n(c) The OCS sources located beyond 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, except the requirements of \u00a7\u00a7 55.4, 55.5, 55.12 and 55.14 of this part.\n\n(d) New OCS sources shall comply with the requirements of this part by September 4, 1992 where a \u201cnew OCS source\u201d means an OCS source that is a new source within the meaning of section 111(a) of the Act.\n\n(e) Existing sources shall comply with the requirements of this part by September 4, 1994, where an \u201cexisting OCS source\u201d means any source that is not a new source within the meaning of section 111(a) of the Act."], ["40:40:6.0.1.1.3.0.1.4", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.4 Requirements to submit a notice of intent.", "EPA", "", "", "", "(a) Prior to performing any physical change or change in method of operation that results in an increase in emissions, and not more than 18 months prior to submitting an application for a preconstruction permit, the applicant shall submit a Notice of Intent (\u201cNOI\u201d) to the Administrator through the EPA Regional Office, and at the same time shall submit copies of the NOI to the air pollution control agencies of the NOA and onshore areas adjacent to the NOA. This section applies only to sources located within 25 miles of States' seaward boundaries.\n\n(b) The NOI shall include the following:\n\n(1) General company information, including company name and address, owner's name and agent, and facility site contact.\n\n(2) Facility description in terms of the proposed process and products, including identification by Standard Industrial Classification Code.\n\n(3) Estimate of the proposed project's potential emissions of any air pollutant, expressed in total tons per year and in such other terms as may be necessary to determine the applicability of requirements of this part. Potential emissions for the project must include all vessel emissions associated with the proposed project in accordance with the definition of potential emissions in \u00a7 55.2 of this part.\n\n(4) Description of all emissions points including associated vessels.\n\n(5) Estimate of quantity and type of fuels and raw materials to be used.\n\n(6) Description of proposed air pollution control equipment.\n\n(7) Proposed limitations on source operations or any work practice standards affecting emissions.\n\n(8) Other information affecting emissions, including, where applicable, information related to stack parameters (including height, diameter, and plume temperature), flow rates, and equipment and facility dimensions.\n\n(9) Such other information as may be necessary to determine the applicability of onshore requirements.\n\n(10) Such other information as may be necessary to determine the source's impact in onshore areas.\n\n(c) Exploratory sources and modifications to existing sources with designated COAs shall be exempt from the requirement in paragraph (b)(10) of this section.\n\n(d) The scope and contents of the NOI shall in no way limit the scope and contents of the required permit application or applicable requirements given in this part."], ["40:40:6.0.1.1.3.0.1.5", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.5 Corresponding onshore area designation.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 25151, May 20, 1996; 81 FR 71630, Oct. 18, 2016]", "(a)  Proposed exploratory sources.  The NOA shall be the COA for exploratory sources located within 25 miles of States' seaward boundaries. Paragraphs (b), (c), and (f) of this section are not applicable to these sources.\n\n(b)  Requests for designation.  (1) The chief executive officer of the air pollution control agency of an area that believes it has more stringent air pollution control requirements than the NOA for a proposed OCS source, may submit a request to be designated as the COA to the Administrator and at the same time shall send copies of the request to the chief executive officer of the NOA and to the proposed source. The request must be received by the Administrator within 60 days of the receipt of the NOI. If no requests are received by the Administrator within 60 days of the receipt of the NOI, the NOA will become the designated COA without further action.\n\n(2) No later than 90 days after the receipt of the NOI, a demonstration must be received by the Administrator showing that:\n\n(i) The area has more stringent requirements with respect to the control and abatement of air pollution than the NOA;\n\n(ii) The emissions from the source are or would be transported to the requesting area; and\n\n(iii) The transported emissions would affect the requesting area's efforts to attain or maintain a Federal or State ambient air quality standard or to comply with the requirements of part C of title I of the Act, taking into account the effect of air pollution control requirements that would be imposed if the NOA were designated as the COA.\n\n(c)  Determination by the Administrator.  (1) If no demonstrations are received by the Administrator within 90 days of the receipt of the NOI, the NOA will become the designated COA without further action.\n\n(2) If one or more demonstrations are received, the Administrator will issue a preliminary designation of the COA within 150 days of the receipt of the NOI, which shall be followed by a 30 day public comment period, in accordance with paragraph (f) of this section.\n\n(3) The Administrator will designate the COA for a specific source within 240 days of the receipt of the NOI.\n\n(4) When the Administrator designates a more stringent area as the COA with respect to a specific OCS source, the delegated agency in the COA will exercise all delegated authority. If there is no delegated agency in the COA, then EPA will issue the permit and implement and enforce the requirements of this part. The Administrator may retain authority for implementing and enforcing the requirements of this part if the NOA and the COA are in different States.\n\n(5) The Administrator shall designate the COA for each source only once in the source's lifetime.\n\n(d)  Offset requirements.  Offsets shall be obtained based on the applicable requirements of the COA, as set forth in \u00a7\u00a7 55.13 and 55.14 of this part.\n\n(e)  Authority to designate the COA.  The authority to designate the COA for any OCS source shall not be delegated to a State or local agency, but shall be retained by the Administrator.\n\n(f)  Administrative procedures and public participation.  The Administrator will use the following public notice and comment procedures for processing a request for COA designation under this section:\n\n(1) Within 150 days from receipt of an NOI, if one or more demonstrations are received, the Administrator shall make a preliminary determination of the COA and shall:\n\n(i) Make available, in at least one location in the NOA and in the area requesting COA designation, which may be a public Web site identified by the Administrator, a copy of all materials submitted by the requester, a copy of the Administrator's preliminary determination, and a copy or summary of other materials, if any, considered by the Administrator in making the preliminary determination; and\n\n(ii) Notify the public, by prominent advertisement in a newspaper of general circulation in the NOA and the area requesting COA designation or on a public Web site identified by the Administrator, of a 30-day opportunity for written public comment on the available information and the Administrator's preliminary COA designation.\n\n(2) A copy of the notice required pursuant to paragraph (f)(1)(ii) of this section shall be sent to the requester, the affected source, each person from whom a written request of such notice has been received, and the following officials and agencies having jurisdiction over the COA and NOA: State and local air pollution control agencies, the chief executive of the city and county, the Federal Land Manager of potentially affected Class I areas, and any Indian governing body whose lands may be affected by emissions from the OCS source.\n\n(3) Public comments received in writing within 30 days after the date the public notice is made available will be considered by the Administrator in making the final decision on the request. All comments will be made available for public inspection.\n\n(4) The Administrator will make a final COA designation within 60 days after the close of the public comment period. The Administrator will notify, in writing, the requester and each person who has requested notice of the final action and will set forth the reasons for the determination. Such notification will be made available for public inspection."], ["40:40:6.0.1.1.3.0.1.6", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.6 Permit requirements.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996; 62 FR 46409, Sept. 2, 1997; 81 FR 71630, Oct. 18, 2016]", "(a)  General provisions \u2014(1)  Permit applications.  (i) The owner or operator of an OCS source shall submit to the Administrator or delegated agency all information necessary to perform any analysis or make any determination required under this section.\n\n(ii) Any application submitted pursuant to this part by an OCS source shall include a description of all the requirements of this part and a description of how the source will comply with the applicable requirements. For identification purposes only, the application shall include a description of those requirements that have been proposed by EPA for incorporation into this part and that the applicant believes, after diligent research and inquiry, apply to the source.\n\n(2)  Exemptions.  (i) When an applicant submits any approval to construct or permit to operate application to the Administrator or delegated agency it shall include a request for exemption from compliance with any pollution control technology requirement that the applicant believes is technically infeasible or will cause an unreasonable threat to health and safety. The Administrator or delegated agency shall act on the request for exemption in accordance with the procedures established in \u00a7 55.7 of this part.\n\n(ii) A final permit shall not be issued under this part until a final determination is made on any exemption request, including those appealed to the Administrator in accordance with \u00a7 55.7 of this part.\n\n(3)  Administrative procedures and public participation.  The Administrator will follow the applicable procedures of 40 CFR part 71 or 40 CFR part 124 in processing applications under this part. When using 40 CFR part 124, the Administrator will follow the procedures used to issue Prevention of Significant Deterioration (\u201cPSD\u201d) permits.\n\n(4)  Source obligation.  (i) Any owner or operator who constructs or operates an OCS source not in accordance with the application submitted pursuant to this part 55, or with any approval to construct or permit to operate, or any owner or operator of a source subject to the requirements of this part who commences construction after the effective date of this part without applying for and receiving approval under this part, shall be in violation of this part.\n\n(ii) Any owner or operator of a new OCS source who commenced construction prior to the promulgation date of this rule shall comply with the requirements of paragraph (e) of this section.\n\n(iii) Receipt of an approval to construct or a permit to operate from the Administrator or delegated agency shall not relieve any owner or operator of the responsibility to comply fully with the applicable provisions of any other requirements under Federal law.\n\n(iv) The owner or operator of an OCS source to whom the approval to construct or permit to operate is issued under this part shall notify all other owners and operators, contractors, and the subsequent owners and operators associated with emissions from the source, of the conditions of the permit issued under this part.\n\n(5)  Delegation of authority.  If the Administrator delegates any of the authority to implement and enforce the requirements of this section, the following provisions shall apply:\n\n(i) The applicant shall send a copy of any permit application required by this section to the Administrator through the EPA Regional Office at the same time as the application is submitted to the delegated agency.\n\n(ii) The delegated agency shall send a copy of any public comment notice required under this section or \u00a7\u00a7 55.13 or 55.14 to the Administrator through the EPA Regional Office.\n\n(iii) The delegated agency shall send a copy of any preliminary determination and final permit action required under this section or \u00a7\u00a7 55.13 or 55.14 to the Administrator through the EPA Regional Office at the time of the determination and shall make available to the Administrator any materials used in making the determination.\n\n(b)  Preconstruction requirements for OCS sources located within 25 miles of States' seaward boundaries.  (1) No OCS source to which the requirements of \u00a7\u00a7 55.13 or 55.14 of this part apply shall begin actual construction after the effective date of this part without a permit that requires the OCS source to meet those requirements.\n\n(2) Any permit application required under this part shall not be submitted until the Administrator has determined whether a consistency update is necessary, pursuant to \u00a7 55.12 of this part, and, if the Administrator finds an update to be necessary, has published a proposed consistency update.\n\n(3) The applicant may be required to obtain more than one preconstruction permit, if necessitated by partial delegation of this part or by the requirements of this section and \u00a7\u00a7 55.13 and 55.14 of this part.\n\n(4) An approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The 18-month period may be extended upon a showing satisfactory to the Administrator or the delegated agency that an extension is justified. Sources obtaining extensions are subject to all new or interim requirements and a reassessment of the applicable control technology when the extension is granted. This requirement shall not supersede a more stringent requirement under \u00a7 55.13 or \u00a7 55.14 of this part.\n\n(5) Any preconstruction permit issued to a new OCS source or modification shall remain in effect until it expires under paragraph (b)(4) of this section or is rescinded under the applicable requirements incorporated in \u00a7\u00a7 55.13 and 55.14 of this part.\n\n(6) Whenever any proposed OCS source or modification to an existing OCS source is subject to action by a Federal agency that might necessitate preparation of an environmental impact statement pursuant to the National Environmental Policy Act (42 U.S.C. 4321), review by the Administrator conducted pursuant to this section shall be coordinated with the environmental reviews under that Act to the extent feasible and reasonable.\n\n(7) The Administrator or delegated agency and the applicant shall provide written notice of any permit application from a source, the emissions from which may affect a Class I area, to the Federal Land Manager charged with direct responsibility for management of any lands within the Class I area. Such notification shall include a copy of all information contained in the permit application and shall be given within 30 days of receipt of the application and at least 60 days prior to any public hearing on the preconstruction permit.\n\n(8)  Modification of existing sources.  The preconstruction requirements above shall not apply to a particular modification, as defined in \u00a7 55.13 or \u00a7 55.14 of this part, of an existing OCS source if:\n\n(i) The modification is necessary to comply with this part, and no other physical change or change in the method of operation is made in conjunction with the modification;\n\n(ii) The modification is made within 24 months of promulgation of this part; and\n\n(iii) The modification does not result in an increase, in excess of any  de minimis  levels contained in the applicable requirements of \u00a7\u00a7 55.13 and 55.14, of potential emissions or actual hourly emissions of a pollutant regulated under the Act.\n\n(9)  Compliance plans.  Sources intending to perform modifications that meet all of the criteria of paragraph (b)(8) of this section shall submit a compliance plan to the Administrator or delegated agency prior to performing the modification. The compliance shall describe the schedule and method the source will use to comply with the applicable OCS requirements within 24 months of the promulgation date of this part and shall include a request for any exemptions from compliance with a pollution control technology requirement that the applicant believes is technically infeasible or will cause an unreasonable threat to health and safety. The Administrator or delegated agency shall act on the request for exemption in accordance with the procedures established in \u00a7 55.7 of this part.\n\n(i) The Administrator or delegated agency shall review the compliance plan and provide written comments to the source within 45 days of receipt of such plan. The source shall provide a written response to such comments as required by the reviewing agency.\n\n(ii) Receipt and review of a compliance plan by the Administrator or delegated agency shall not relieve any owner or operator of an existing OCS source of the responsibility to comply fully with the applicable requirements of \u00a7\u00a7 55.13 and 55.14 of this part within 24 months of promulgation of this part.\n\n(c)  Operating permit requirements for sources located within 25 miles of States' seaward boundaries.  (1) All applicable operating permit requirements listed in this section and incorporated into \u00a7\u00a7 55.13 and 55.14 of this part shall apply to OCS sources.\n\n(2) The Administrator or delegated agency shall not issue a permit to operate to any existing OCS source that has not demonstrated compliance with all the applicable requirements of this part.\n\n(3) If the COA does not have an operating permits program approved pursuant to 40 CFR part 70 or if EPA has determined that the COA is not adequately implementing an approved program, the applicable requirements of 40 CFR part 71, the Federal operating permits program, shall apply to the OCS sources. The applicable requirements of 40 CFR part 71 will be implemented and enforced by the Administrator. The Administrator may delegate the authority to implement and enforce all or part of a Federal operating permits program to a State pursuant to \u00a7 55.11 of this part.\n\n(d)  Permit requirements for sources located beyond 25 miles of States' seaward boundaries.  (1) OCS sources located beyond 25 miles of States' seaward boundaries shall be subject to the permitting requirements set forth in this section and \u00a7 55.13 of this part.\n\n(2) The Administrator or delegated agency shall not issue a permit-to-operate to any existing OCS source that has not demonstrated compliance with all the applicable requirements of this part.\n\n(e)  Permit requirements for new sources that commenced construction prior to September 4, 1992 \u2014(1)  Applicability.  \u00a7 55.6(e) applies to a new OCS source, as defined by section 328 of the Act, that commenced construction before September 4, 1992.\n\n(2) A source subject to \u00a7 55.6(e) shall comply with the following requirements:\n\n(i) By October 5, 1992, the owner or operator of the source shall submit a transitional permit application (\u201cTPA\u201d) to the Administrator or the delegated agency. The TPA shall include the following:\n\n(A) The information specified in \u00a7\u00a7 55.4(b)(1) through \u00a7 55.4(b)(9) of this part;\n\n(B) A list of all requirements applicable to the source under this part;\n\n(C) A request for exemption from compliance with any control technology requirement that the applicant believes is technically infeasible or will cause an unreasonable threat to health and safety;\n\n(D) An air quality screening analysis demonstrating whether the source has or is expected in the future to cause or contribute to a violation of any applicable State or Federal ambient air quality standard or exceed any applicable increment. If no air quality analysis is required by the applicable requirements of \u00a7\u00a7 55.13 and 55.14, this requirement does not apply;\n\n(E) Documentation that source emissions are currently being offset, or will be offset if the source has not commenced operation, at the ratio required under this part, and documentation that those offsets meet or will meet the requirements of this part; and\n\n(F) A description of how the source is complying with the applicable requirements of \u00a7\u00a7 55.13 and 55.14 of this part, including emission levels and corresponding control measures, including Best Available Control Technology (\u201cBACT\u201d) or Lowest Achievable Emission Rates (\u201cLAER\u201d), but excluding the requirements to have valid permits.\n\n(ii) The source shall expeditiously complete its permit application in compliance with the schedule determined by the Administrator or delegated agency.\n\n(iii) The source shall comply with all applicable requirements of this part except for the requirements of paragraph (a)(4)(i) of this section. The source shall comply with the control technology requirements (such as BACT or LAER) set forth in the TPA that would be applicable if the source had a valid permit.\n\n(iv) Any owner or operator subject to this subsection who continues to construct or operate an OCS source thirty days from promulgation of this part without submitting a TPA, or continues to construct or operate an OCS source not in accordance with the TPA submitted pursuant to paragraph (e) of this section, or constructs or operates an OCS source not in accordance with the schedule determined by the permitting authority, shall be in violation of this part.\n\n(3) Upon the submittal of a permit application deemed to be complete by the permitting authority, the owner or operator of the source shall be subject to the permitting requirements of \u00a7\u00a7 55.13 and 55.14 of this part that apply subsequent to the submission of a complete permit application. When a source receives the permit or permits required under this part, its TPA shall expire.\n\n(4) Until the date that a source subject to this subsection receives the permit or permits required under this part, that source shall cease operation if, based on projected or actual emissions, the permitting authority determines that the source is currently or may in the future cause or contribute to a violation of a State or Federal ambient air quality standard or exceed any applicable increment."], ["40:40:6.0.1.1.3.0.1.7", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.7 Exemptions.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 81 FR 71630, Oct. 18, 2016]", "(a)  Authority and criteria.  The Administrator or the delegated agency may exempt a source from a control technology requirement of this part if the Administrator or the delegated agency finds that compliance with the control technology requirement is technically infeasible or will cause an unreasonable threat to health and safety.\n\n(b)  Request for an exemption \u2014(1)  Permit application required.  An applicant shall submit a request for an exemption from a control technology requirement at the same time as the applicant submits a preconstruction or operating permit application to the Administrator or delegated agency.\n\n(2)  No permit application required.  If no permit or permit modification is required, a request for an exemption must be received by the Administrator or delegated agency within 60 days from the date the control technology requirement is promulgated by EPA.\n\n(3)  Compliance plan.  An existing source that submits a compliance plan in accordance with \u00a7 55.6(b) of this part shall submit all requests for exemptions at the same time as the compliance plan. For the purpose of applying \u00a7 55.7 of this part, a request submitted with a compliance plan shall be treated in the same manner as a request that does not require a permit application.\n\n(4)  Content of request.  (i) The request shall include information that demonstrates that compliance with a control technology requirement of this part would be technically infeasible or would cause an unreasonable threat to health and safety.\n\n(ii) The request shall include a proposed substitute requirement(s) as close in stringency to the original requirement as possible.\n\n(iii) The request shall include an estimate of emission reductions that would be achieved by compliance with the original requirement, an estimate of emission reductions that would be achieved by compliance with the proposed substitute requirement(s) and an estimate of residual emissions.\n\n(iv) The request shall identify emission reductions of a sufficient quantity to offset the estimated residual emissions. Sources located beyond 25 miles from States' seaward boundaries shall consult with the Administrator to identify suitable emission reductions.\n\n(c)  Consultation requirement.  If the authority to grant or deny exemptions has been delegated, the delegated agency shall consult with the Minerals Management Service of the U.S. Department of Interior and the U.S. Coast Guard to determine whether the exemption will be granted or denied.\n\n(1) The delegated agency shall transmit to the Administrator (through the Regional Office), the Minerals Management Service, and the U.S. Coast Guard, a copy of the permit application, or the request if no permit is required, within 5 days of its receipt.\n\n(2)  Consensus.  If the delegated agency, the Minerals Management Service, and the U.S. Coast Guard reach a consensus decision on the request within 90 days from the date the delegated agency received the request, the delegated agency may issue a preliminary determination in accordance with the applicable requirements of paragraph (f) of this section.\n\n(3)  No consensus.  If the delegated agency, the Minerals Management Service, and the U.S. Coast Guard do not reach a consensus decision within 90 days from the date the delegated agency received the request, the request shall automatically be referred to the Administrator who will process the referral in accordance with paragraph (f)(3) of this section. The delegated agency shall transmit to the Administrator, within 91 days of its receipt, the request and all materials submitted with the request, such as the permit application or the compliance plan, and any other information considered or developed during the consultation process.\n\n(4) If a request is referred to the Administrator and the delegated agency issues a preliminary determination on a permit application before the Administrator issues a final decision on the exemption, the delegated agency shall include a notice of the opportunity to comment on the Administrator's preliminary determination in accordance with the procedures of paragraph (f)(4) of this section.\n\n(5) The Administrator's final decision on a request that has been referred pursuant to paragraph (c) of this section shall be incorporated into the final permit issued by the delegated agency. If no permit is required, the Administrator's final decision on the request shall be implemented and enforced by the delegated agency.\n\n(d)  Preliminary determination.  The Administrator or delegated agency shall issue a preliminary determination in accordance with paragraph (f) of this section. A preliminary determination shall propose to grant or deny the request for exemption. A preliminary determination to grant the request shall include proposed substitute control requirements and offsets necessary to comply with the requirements of paragraph (e) of this section.\n\n(e)  Grant of exemption.  (1) The source shall comply with a substitute requirement(s), equal to or as close in stringency to the original requirement as possible, as determined by the Administrator or delegated agency.\n\n(2) An OCS source located within 25 miles of States' seaward boundaries shall offset residual emissions resulting from the grant of an exemption request in accordance with the requirements of the Act and the regulations thereunder. The source shall obtain offsets in accordance with the applicable requirements as follows:\n\n(i) If offsets are required in the COA, a new source shall offset residual emissions in the same manner as all other new source emissions in accordance with the requirements of \u00a7 55.5(d) of this part.\n\n(ii) If offsets are not required in the COA, a new source shall comply with an offset ratio of 1:1.\n\n(iii) An existing OCS source shall comply with an offset at a ratio of 1:1.\n\n(3) An OCS source located beyond 25 miles from States' seaward boundaries shall obtain emission reductions at a ratio determined by the Administrator to be adequate to protect State and Federal ambient air quality standards and to comply with part C of title I of the Act.\n\n(f)  Administrative procedures and public participation \u2014(1)  Request submitted with a permit application.  If a request is submitted with a permit application, the request shall be considered part of the permit application and shall be processed accordingly for the purpose of administrative procedures and public notice and comment requirements. The Administrator shall comply with the requirements of 40 CFR part 124 and the requirements set forth at \u00a7 55.6 of this part. If the Administrator has delegated authority to a State, the delegated agency shall use its own procedures as deemed adequate by the Administrator in accordance with \u00a7 55.11 of this part. These procedures must provide for public notice and comment on the preliminary determination.\n\n(2)  Request submitted without a permit or with a compliance plan.  If a permit is not required, the Administrator or the delegated agency shall issue a preliminary determination within 90 days from the date the request was received, and shall use the procedures set forth at paragraph (f)(4) of this section for processing a request.\n\n(3)  Referral.  If a request is referred to the Administrator pursuant to paragraph (c) of this section, the Administrator shall make a preliminary determination no later than 30 days after receipt of the request and any accompanying materials transmitted by the delegated agency. The Administrator shall use the procedures set forth at paragraph (f)(4) of this section for processing a request.\n\n(4) The Administrator or the delegated agency shall comply with the following requirements for processing requests submitted without a permit, with a compliance plan, and requests referred to the Administrator:\n\n(i) Issue a preliminary determination to grant or deny the request. A preliminary determination by the Administrator to deny a request shall be considered a final decision and will be accompanied by the reasons for the decision. As such, it is not subject to any further public notice, comment, or hearings. Written notice of the denial shall be given to the requester.\n\n(ii) Make available, in at least one location in the COA and NOA, which may be a public Web site identified by the Administrator or delegated agency, a copy of all materials submitted by the requester, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.\n\n(iii) Notify the public, by prominent advertisement in a newspaper of general circulation in the COA and NOA or on a public Web site identified by the Administrator or delegated agency, of a 30-day opportunity for written public comment on the information submitted by the owner or operator and on the preliminary determination.\n\n(iv) Send a copy of the notice required pursuant to paragraph (f)(4)(iii) of this section to the requester, the affected source, each person from whom a written request of such notice has been received, and the following officials and agencies having jurisdiction over the COA and NOA: State and local air pollution control agencies, the chief executive of the city and county, the Federal Land Manager of potentially affected Class I areas, and any Indian governing body whose lands may be affected by emissions from the OCS source.\n\n(v) Consider written public comments received within 30 days after the date the public notice is made available when making the final decision on the request. All comments will be made available for public inspection. At the time that any final decision is issued, the Administrator or delegated agency will issue a response to comments.\n\n(vi) Make a final decision on the request within 30 days after the close of the public comment period. The Administrator or the delegated agency will notify, in writing, the applicant and each person who has submitted written comments, or from whom a written request of such notice has been received, of the final decision and will set forth the reasons. Such notification will be made available for public inspection.\n\n(5) Within 30 days after the final decision has been made on a request, the requester, or any person who filed comments on the preliminary determination, may petition the Administrator to review any aspect of the decision. Any person who failed to file comments on the preliminary decision may petition for administrative review only on the changes from the preliminary to the final determination."], ["40:40:6.0.1.1.3.0.1.8", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.8 Monitoring, reporting, inspections, and compliance.", "EPA", "", "", "[57 FR 40806, Sept. 4, 1992, as amended at 58 FR 16626, Mar. 30, 1993]", "(a) The Administrator may require monitoring or reporting and may authorize inspections pursuant to section 114 of the Act and the regulations thereunder. Sources shall also be subject to the requirements set forth in \u00a7\u00a7 55.13 and 55.14 of this part.\n\n(b) All monitoring, reporting, inspection and compliance requirements authorized under the Act shall apply.\n\n(c) An existing OCS source that is not required to obtain a permit to operate within 24 months of the date of promulgation of this part shall submit a compliance report to the Administrator or delegated agency within 25 months of promulgation of this part. The compliance report shall specify all the applicable OCS requirements of this part and a description of how the source has complied with these requirements.\n\n(d) The Administrator or the delegated agency shall consult with the Minerals Management Service and the U.S. Coast Guard prior to inspections. This shall in no way interfere with the ability of EPA or the delegated agency to conduct unannounced inspections."], ["40:40:6.0.1.1.3.0.1.9", 40, "Protection of Environment", "I", "C", "55", "PART 55\u2014OUTER CONTINENTAL SHELF AIR REGULATIONS", "", "", "", "\u00a7 55.9 Enforcement.", "EPA", "", "", "", "(a) OCS sources shall comply with all requirements of this part and all permits issued pursuant to this part. Failure to do so shall be considered a violation of section 111(e) of the Act.\n\n(b) All enforcement provisions of the Act, including, but not limited to, the provisions of sections 113, 114, 120, 303 and 304 of the Act, shall apply to OCS sources.\n\n(c) If a facility is ordered to cease operation of any piece of equipment due to enforcement action taken by EPA or a delegated agency pursuant to this part, the shutdown will be coordinated by the enforcing agency with the Minerals Management Service and the U.S. Coast Guard to assure that the shutdown will proceed in a safe manner. No shutdown action will occur until after consultation with these agencies, but in no case will initiation of the shutdown be delayed by more than 24 hours."]], "truncated": false, "filtered_table_rows_count": 113, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "55"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=55", "results": [{"value": 10, "label": 10, "count": 33, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&title_number=10", "selected": false}, {"value": 28, "label": 28, "count": 24, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&title_number=28", "selected": false}, {"value": 24, "label": 24, "count": 21, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&title_number=24", "selected": false}, {"value": 40, "label": 40, "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&title_number=40", "selected": false}, {"value": 9, "label": 9, "count": 13, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&title_number=9", "selected": false}, {"value": 33, "label": 33, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&title_number=33", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=55", "results": [{"value": "NRC", "label": "NRC", "count": 33, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&agency=NRC", "selected": false}, {"value": "DOJ", "label": "DOJ", "count": 24, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&agency=DOJ", "selected": false}, {"value": "HUD", "label": "HUD", "count": 21, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&agency=HUD", "selected": false}, {"value": "EPA", "label": "EPA", "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&agency=EPA", "selected": false}, {"value": "APHIS", "label": "APHIS", "count": 13, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&agency=APHIS", "selected": false}, {"value": "USCG", "label": "USCG", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&agency=USCG", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=55", "results": [{"value": "55", "label": "55", "count": 113, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&_facet=subpart_name"}], "next": "40~3A40~3A6~2E0~2E1~2E1~2E3~2E0~2E1~2E9,40~3A40~3A6~2E0~2E1~2E1~2E3~2E0~2E1~2E9", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=55&_next=40~3A40~3A6~2E0~2E1~2E1~2E3~2E0~2E1~2E9%2C40~3A40~3A6~2E0~2E1~2E1~2E3~2E0~2E1~2E9&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 12.296397937461734, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}