{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 960 sorted by section_id", "rows": [["10:10:5.0.2.5.43.1.19.1", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "A", "Subpart A\u2014General Provisions", "", "\u00a7 960.1 Applicability.", "DOE", "", "", "[49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57334, Nov. 14, 2001]", "These guidelines were developed in accordance with the requirements of Section 112(a) of the Nuclear Waste Policy Act of 1982 for use by the Secretary of Energy in evaluating the suitability of sites. The guidelines will be used for suitability evaluations and determinations made pursuant to Section 112(b). The guidelines set forth in this part are intended to complement the requirements set forth in the Act, 10 CFR part 60, and 40 CFR part 191. The DOE recognizes NRC jurisdiction for the resolution of differences between the guidelines and 10 CFR part 60. The guidelines have received the concurrence of the NRC. The DOE contemplates revising the guidelines from time to time, as permitted by the Act, to take into account revisions made to the above regulations and to otherwise update the guidelines as necessary. The DOE will submit the revisions to the NRC and obtain its concurrence before issuance."], ["10:10:5.0.2.5.43.1.19.2", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "A", "Subpart A\u2014General Provisions", "", "\u00a7 960.2 Definitions.", "DOE", "", "", "[49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57334, Nov. 14, 2001]", "As used in this part:\n\nAccessible environment  means the atmosphere, the land surface, surface water, oceans, and the portion of the lithosphere that is outside the controlled area.\n\nAct  means the Nuclear Waste Policy Act of 1982, as amended.\n\nActive fault  means a fault along which there is recurrent movement, which is usually indicated by small, periodic displacements or seismic activity.\n\nAffected area  means either the area of socioeconomic impact or the area of environmental impact, each of which will vary in size among potential repository sites.\n\nAffected Indian tribe  means any Indian tribe (1) within whose reservation boundaries a repository for radioactive waste is proposed to be located or (2) whose federally defined possessory or usage rights to other lands outside the reservation's boundaries arising out of congressionally ratified treaties may be substantially and adversely affected by the locating of such a facility:  Provided,  That the Secretary of the Interior finds, upon the petition of the appropriate governmental officials of the tribe, that such effects are both substantial and adverse to the tribe.\n\nAffected State  means any State that (1) has been notified by the DOE in accordance with Section 116(a) of the Act as containing a potentially acceptable site; (2) contains a candidate site for site characterization or repository development; or (3) contains a site selected for repository development.\n\nApplication  means the act of making a finding of compliance or noncompliance with the qualifying or disqualifying conditions specified in the guidelines of subparts C and D of this part.\n\nAquifer  means a formation, a group of formations, or a part of a formation that contains sufficient saturated permeable material to yield significant quantities of water to wells and springs.\n\nBarrier  means any material or structure that prevents or substantially delays the movement of water or radionuclides.\n\nCandidate site  means an area, within a geohydrologic setting, that is recommended by the Secretary of Energy under section 112 of the Act for site characterization, approved by the President under section 112 of the Act for characterization, or undergoing site characterization under section 113 of the Act.\n\nClosure  means final backfilling of the remaining open operational areas of the underground facility and boreholes after the termination of waste emplacement, culminating in the sealing of shafts.\n\nConfining unit  means a body of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.\n\nContainment  means the confinement of radioactive waste within a designated boundary.\n\nControlled area  means a surface location, to be marked by suitable monuments, extending horizontally no more than 10 kilometers in any direction from the outer boundary of the underground facility, and the underlying subsurface, which area has been committed to use as a geologic repository and from which incompatible activities would be prohibited before and after permanent closure.\n\nCumulative releases of radionuclides  means the total number of curies of radionuclides entering the accessible environment in any 10,000-year period, normalized on the basis of radiotoxicity in accordance with 40 CFR part 191. The peak cumulative release of radionuclides refers to the 10,000-year period during which any such release attains its maximum predicted value.\n\nDecommissioning  means the permanent removal from service of surface facilities and components neceessary for preclosure operations only, after repository closure, in accordance with regulatory requirements and environmental policies.\n\nDetermination  means a decision by the Secretary that a site is suitable for site characterization for the selection of a repository, consistent with applications of the guidelines of subparts C and D of this part in accordance with the provisions set forth in subpart B of this part.\n\nDisposal  means the emplacement in a repository of high-level radioactive waste, spent nuclear fuel, or other highly radioactive material with no foreseeable intent of recovery, whether or not such emplacement permits the recovery of such waste, and the isolation of such waste from the accessible environment.\n\nDisqualifying condition  means a condition that, if present at a site, would eliminate that site from further consideration.\n\nDisturbed zone  means that portion of the controlled area, excluding shafts, whose physical or chemical properties are predicted to change as a result of underground facility construction or heat generated by the emplaced radioactive waste such that the resultant change of properties could have a significant effect on the preformance of the geologic repository.\n\nDOE  means the U.S. Department of Energy or its duly authorized representatives.\n\nEffective porosity  means the amount of interconnected pore space and fracture openings available for the transmission of fluids, expressed as the ratio of the volume of interconnected pores and openings to the volume of rock.\n\nEngineered-barrier system  means the manmade components of a disposal system designed to prevent the release of radionuclides from the underground facility or into the geohydrologic setting. Such term includes the radioactive-waste form, radioactive-waste canisters, materials placed over and around such canisters, any other components of the waste package, and barriers used to seal penetrations in and into the underground facility.\n\nEnvironmental assessment  means the document required by section 112(b)(1)(E) of the Nuclear Waste Policy Act of 1982.\n\nEnvironmental impact statement  means the document required by section 102(2)(C) of the National Environmental Policy Act of 1969. Sections 114(a) and 114(f) of the Nuclear Waste Policy Act of 1982 include certain limitations on the National Environmental Policy Act requirements as they apply to the preparation of an environmental impact statement for the development of a repository at a characterized site.\n\nEPA  means the U.S. Environmental Protection Agency or its duly authorized representatives.\n\nEvaluation  means the act of carefully examining the characteristics of a site in relation to the requirements of the qualifying or disqualifying conditions specified in the guidelines of subparts C and D. Evaluation includes the consideration of favorable and potentially adverse conditions.\n\nExcepted  means assumed to be probable or certain on the basis of existing evidence and in the absence of significant evidence to the contrary.\n\nExpected repository performance  means the manner in which the repository is predicted to function, consideration those conditions, processes, and events that are likely to prevail or may occur during the time period of interest.\n\nFacility  means any structure, system, or system component, including engineered barriers, created by the DOE to meet repository-performance or functional objectives.\n\nFault  means a fracture or a zone of fractures along which there has been displacement of the side relative to one another parallel to the fracture or zone of fractures.\n\nFaulting  means the process of fracturing and displacement that produces a fault.\n\nFavorable condition  means a condition that, though not necessary to qualify a site, is presumed, if present, to enhance confidence that the qualifying condition of a particular guideline can be met.\n\nFinding  means a conclusion that is reached after evaluation.\n\nGeohydrologic setting  means the system of geohydrologic units that is located within a given geologic setting.\n\nGeohydrologic system  means the geohydrologic units within a geologic setting, including any recharge, discharge, interconnections between units, and any natural or man-induced processes or events that could affect ground-water flow within or among those units.\n\nGeohydrologic unit  means an aquifer, a confining unit, or a combination of aquifers and confining units comprising a framework for a reasonably distinct geohydrologic system.\n\nGeologic repository  means a system, requiring licensing by the NRC, that is intended to be used, or may be used, for the disposal of radioactive waste in excavated geologic media. A geologic repository includes (1) the geologic-repository operations area and (2) the portion of the geologic setting that provides isolation of the radioactive waste and is located within the controlled area.\n\nGeologic-repository operations area  means a radioactive-waste facility that is part of the geologic repository, including both surface and subsurface areas and facilities where waste-handling activities are conducted.\n\nGeologic setting  means the geologic, hydrologic, and geochemical systems of the region in which a geologic-repository operations area is or may be located.\n\nGeomorphic processes  means geologic processes that are responsible for the general configuration of the Earth's surface, including the development of present landforms and their relationships to underlying structures, and are responsible for the geologic changes recorded by these surface features.\n\nGround water  means all subsurface water as distinct from surface water.\n\nGround-water flux  means the rate of ground-water flow per unit area of porous or fractured media measured perpendicular to the direction of flow.\n\nGround-water sources  means aquifers that have been or could be economically and technologically developed as sources of water in the foreseeable future.\n\nGround-water travel time  means the time required for a unit volume of ground water to travel between two locations. The travel time is the length of the flow path divided by the velocity, where velocity is the average ground-water flux passing through the cross-sectional area of the geologic medium through which flow occurs, perpendicular to the flow direction, divided by the effective porosity along the flow path. If discrete segments of the flow path have different hydrologic properties, the total travel time will be the sum of the travel times for each discrete segment.\n\nGuideline  means a statement of policy or procedure that may include, when appropriate, qualifying, disqualifying, favorable, or potentially adverse conditions as specified in the \u201cguidelines.\u201d\n\nGuidelines  means part 960 of title 10 of the Code of Federal Regulations\u2014General Guidelines for the Recommendation of Sites for Nuclear Waste Repositories.\n\nHigh-level radioactive waste  means (1) the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations and (2) other highly radioactive material that the NRC, consistent with existing law, determines by rule requires permanent isolation.\n\nHighly populated area  means any incoporated place (recognized by the decennial reports of the U.S. Bureau of the Census) of 2,500 or more persons, or any census designated place (as defined and delineated by the Bureau) of 2,500 or more persons, unless it can be demonstrated that any such place has a lower population density than the mean value for the continental United States. Counties or county equivalents, whether incorporated or not, are specifically excluded form the definition of \u201cplace\u201d as used herein.\n\nHost rock  means the geologic medium in which the waste is emplaced, specifically the geologic materials that directly encompass and are in close proximity to the underground facility.\n\nHydraulic conductivity  means the volume of water that will move through a medium in a unit of time under a unit hydraulic gradient through a unit area measured perpendicular to the direction of flow.\n\nHydraulic gradient  means a change in the static pressure of ground water, expressed in terms of the height of water above a datum, per unit of distance in a given direction.\n\nHydrologic process  means any hydrologic phenomenon that exhibits a continuous change in time, whether slow or rapid.\n\nHydrologic properties  means those properties of a rock that govern the entrance of water and the capacity to hold, transmit, and deliver water, such as porosity, effective porosity, specific retention, permeability, and the directions of maximum and minimum permeabilities.\n\nIgneous activity  means the emplacement (intrusion) of molten rock material (magma) into material in the Earth's crust or the expulsion (extrusion) of such material onto the Earth's surface or into its atmosphere or surface water.\n\nIsolation  means inhibiting the transport of radioactive material so that the amounts and concentrations of this material entering the accessible environment will be kept within prescribed limits.\n\nLikely  means processing or displaying the qualities, characteristics, or attributes that provide a reasonable basis for confidence that what is expected indeed exists or will occur.\n\nLithosphere  means the solid part of the Earth, including any ground water contained within it.\n\nMember of the public  means any individual who is not engaged in operations involving the management, storage, and disposal of radioactive waste. A worker so engaged is a member of the public except when on duty at the geologic-repository operations area.\n\nMitigation  means: (1) Avoiding the impact altogether by not taking a certain action or parts of an action; (2) minimizing impacts by limiting the degree or magnitude of the action and its implementation; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; or (5) compensating for the impact by replacing or providing substitute resources or environments.\n\nModel  means a conceptual description and the associated mathematical representation of a system, subsystem, component, or condition that is used to predict changes from a baseline state as a function of internal and/or external stimuli and as a function of time and space.\n\nNRC  means the U.S. Nuclear Regulatory Commission or its duly authorized representatives.\n\nPerched ground water  means unconfined ground water separated from an underlying body of ground water by an unsaturated zone. Its water table is a perched water table. Perched ground water is held up by a perching bed whose permeability is so low that water percolating downward through it is not able to bring water in the underlying unsaturated zone above atmospheric pressure.\n\nPerformance assessment  means any analysis that predicts the behavior of a system or system component under a given set of constant and/or transient conditions. Performance assessments will include estimates of the effects of uncertainties in data and modeling.\n\nPermanent closure  is synonymous with \u201cclosure.\u201d\n\nPostclosure  means the period of time after the closure of the geologic repository.\n\nPotentially acceptable site  means any site at which, after geologic studies and field mapping but before detailed geologic data gathering, the DOE undertakes preliminary drilling and geophysical testing for the definition of site location.\n\nPotentially adverse condition  means a condition that is presumed to detract from expected system performance, but further evaluation, additional data, or the identification of compensating or mitigating factors may indicate that its effect on the expected system performance is acceptable.\n\nPreclosure  means the period of time before and during the closure of the geologic repository.\n\nPre-waste-emplacement  means before the authorization of repository construction by the NRC.\n\nQualifying condition  means a condition that must be satisfied for a site to be considered acceptable with respect to a specific guideline.\n\nQuaternary Period  means the second period of the Cenozoic Era, following the Tertiary, beginning 2 to 3 million years ago and extending to the present.\n\nRadioactive waste  or \u201cwaste\u201d means high-level radioactive waste and other radioactive materials, including spent nuclear fuel, that are received for emplacement in a geologic repository.\n\nRadioactive-waste facility  means a facility subject to the licensing and related regulatory authority of the NRC pursuant to Sections 202(3) and 202(4) of the Energy Reorganization Act of 1974 (88 Stat. 1244).\n\nRadionuclide retardation  means the process or processes that cause the time required for a given radionuclide to move between two locations to be greater than the ground-water travel time, because of physical and chemical interactions between the radionuclide and the geohydrologic unit through which the radionuclide travels.\n\nReasonably available technology  means technology which exists and has been demonstrated or for which the results of any requisite development, demonstration, or confirmatory testing efforts before application will be available within the required time period.\n\nRepository  is synonymous with \u201cgeologic repository.\u201d\n\nRepository closure  is synonymous with \u201cclosure.\u201d\n\nRepository construction  means all excavation and mining activities associated with the construction of shafts, shaft stations, rooms, and necessary openings in the underground facility, preparatory to radioactive-waste emplacement, as well as the construction of necessary surface facilities, but excluding site-characterization activities.\n\nRepository operation  means all of the functions at the site leading to and involving radioactive-waste emplacement in the underground facility, including receiving, transportation, handling, emplacement, and, if necessary, retrieval.\n\nRepository support facilities  means all permanent facilities constructed in support of site-characterization activities and repository construction, operation, and closure activities, including surface structures, utility lines, roads, railroads, and similar facilities, but excluding the underground facility.\n\nRestricted area  means any area access to which is controlled by the DOE for purposes of protecting individuals from exposure to radiation and radioactive materials before repository closure, but not including any areas used as residential quarters, although a separate room or rooms in a residential building may be set apart as a restricted area.\n\nRetrieval  means the act of intentionally removing radioactive waste before repository closure from the underground location at which the waste had been previously emplaced for disposal.\n\nSaturated zone  means that part of the Earth's crust beneath the water table in which all voids, large and small, are ideally filled with water under pressure greater than atmospheric.\n\nSecretary  means the Secretary of Energy.\n\nSite  means a potentially acceptable site or a candidate site, as appropriate, until such time as the controlled area has been established, at which time the site and the controlled area are the same.\n\nSite characterization  means activities, whether in the laboratory or in the field, undertaken to establish the geologic conditions and the ranges of the parameters of a candidate site relevant to the location of a repository, including borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository, but not including preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken.\n\nSiting  means the collection of exploration, testing, evaluation, and decision-making activities associated with the process of site screening, site nomination, site recommendation, and site approval for characterization or repository development.\n\nSource term  means the kinds and amounts of radionuclides that make up the source of a potential release of radioactivity.\n\nSpent nuclear fuel  means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.\n\nSurface facilities  means repository support facilities within the restricted area.\n\nSurface water  means any waters on the surface of the Earth, including fresh and salt water, ice, and snow.\n\nSystem  means the geologic setting at the site, the waste package, and the repository, all acting together to contain and isolate the waste.\n\nSystem performance  means the complete behavior of a repository system in response to the conditions, processes, and events that may affect it.\n\nTectonic  means of, or pertaining to, the forces involved in, or the resulting structures or features of,  tectonics.\n\nTectonics  means the branch of geology dealing with the broad architecture of the outer part of the Earth, that is, the regional assembling of structural or deformational features and the study of their mutual relations, origin, and historical evolution.\n\nTo the extent practicable  means the degree to which an intended course of action is capable of being effected in a manner that is reasonable and feasible within a framework of constraints.\n\nUnderground facility  means the underground structure and the rock required for support, including mined openings and backfill materials, but excluding shafts, boreholes, and their seals.\n\nUnsaturated zone  means the zone between the land surface and the water table. Generally, water in this zone is under less than atmospheric pressure, and some of the voids may contain air or other gases at atmospheric pressure. Beneath flooded areas or in perched water bodies, the water pressure locally may be greater than atmospheric.\n\nWaste form  means the radioactive waste materials and any encapsulating or stabilizing matrix.\n\nWaste package  means the waste form and any containers, shielding, packing, and other sorbent materials immediately surrounding an individual waste container.\n\nWater table  means that surface in a body of ground water at which the water pressure is atmospheric."], ["10:10:5.0.2.5.43.2.19.1", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3 Implementation guidelines.", "DOE", "", "", "[49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57334, Nov. 14, 2001]", "The guidelines of this subpart establish the procedure and basis for applying the postclosure and the preclosure guidelines of subparts C and D, respectively, to evaluations of the suitability of sites. As may be appropriate during the siting process, this procedure requires consideration of a variety of geohydrologic settings and rock types, regionality, and environmental impacts and consultation with affected States, affected Indian tribes, and Federal agencies."], ["10:10:5.0.2.5.43.2.19.10", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-5 Basis for site evaluations.", "DOE", "", "", "[66 FR 57334, Nov. 14, 2001]", "(a) Evaluations of individual sites and comparisons between and among sites shall be based on the postclosure and preclosure guidelines specified in subparts C and D of this part, respectively. Except for screening for potentially acceptable sites as specified in \u00a7 960.3-2-1, such evaluations shall place primary significance on the postclosure guidelines and secondary significance on the preclosure guidelines, with each set of guidelines considered collectively for such purposes. Both the postclosure and the preclosure guidelines consist of a system guideline or guidelines and corresponding groups of technical guidelines.\n\n(b) The postclosure guidelines of subpart C of this part contain eight technical guidelines in one group. The preclosure guidelines of subpart D of this part contain eleven technical guidelines separated into three groups that represent, in decreasing order of importance, preclosure radiological safety; environment, socioeconomics, and transportation; and ease and cost of siting, construction, operation, and closure.\n\n(c) The relative significance of any technical guideline to its corresponding system guideline is site specific. Therefore, for each technical guideline, an evaluation of compliance with the qualifying condition shall be made in the context of the collection of system elements and the evidence related to that guideline, considering on balance the favorable conditions and the potentially adverse conditions identified at a site. Similarly, for each system guideline, such evaluation shall be made in the context of the group of technical guidelines and the evidence related to that system guideline.\n\n(d) For purposes of recommending sites for development as repositories, such evidence shall include analyses of expected repository performance to assess the likelihood of demonstrating compliance with 40 CFR part 191 and 10 CFR part 60, in accordance with \u00a7 960.4-1. A site shall be disqualified at any time during the siting process if the evidence supports a finding by the DOE that a disqualifying condition exists or the qualifying condition of any system or technical guideline cannot be met.\n\n(e) Comparisons between and among sites shall be based on the system guidelines, to the extent practicable and in accordance with the levels of relative significance specified above for the postclosure and the preclosure guidelines. Such comparisons are intended to allow comparative evaluations of sites in terms of the capabilities of the natural barriers for waste isolation and to identify innate deficiencies that could jeopardize compliance with such requirements. If the evidence for the sites is not adequate to substantiate such comparisons, then the comparisons shall be based on the groups of technical guidelines under the postclosure and the preclosure guidelines, considering the levels of relative significance appropriate to the postclosure and the preclosure guidelines and the order of importance appropriate to the subordinate groups within the preclosure guidelines. Comparative site evaluations shall place primary importance on the natural barriers of the site. In such evaluations for the postclosure guidelines of subpart C of this part, engineered barriers shall be considered only to the extent necessary to obtain realistic source terms for comparative site evaluations based on the sensitivity of the natural barriers to such realistic engineered barriers. For a better understanding of the potential effects of engineered barriers on the overall performance of the repository system, these comparative evaluations shall consider a range of levels in the performance of the engineered barriers. That range of performance levels shall vary by at least a factor of 10 above and below the engineered-barrier performance requirements set forth in 10 CFR 60.113, and the range considered shall be identical for all sites compared. The comparisons shall assume equivalent engineered barrier performance for all sites compared and shall be structured so that engineered barriers are not relied upon to compensate for deficiencies in the geologic media. Furthermore, engineered barriers shall not be used to compensate for an inadequate site; mask the innate deficiencies of a site; disguise the strengths and weaknesses of a site and the overall system; and mask differences between sites when they are compared. Releases of different radionuclides shall be combined by the methods specified in appendix A of 40 CFR part 191.\n\n(f) The comparisons specified in paragraph (e) of this section shall consist of two comparative evaluations that predict radionuclide releases for 100,000 years after repository closure and shall be conducted as follows. First, the sites shall be compared by means of evaluations that emphasize the performance of the natural barriers at the site. Second, the sites shall be compared by means of evaluations that emphasize the performance of the total repository system. These second evaluations shall consider the expected performance of the repository system; be based on the expected performance of waste packages and waste forms, in compliance with the requirements of 10 CFR 60.113, and on the expected hydrological and geochemical conditions at each site; and take credit for the expected performance of all other engineered components of the repository system. The comparison of isolation capability shall be one of the significant considerations in the recommendation of sites for the development of repositories. The first of the two comparative evaluations specified in the paragraph (e) of this section shall take precedence unless the second comparative evaluation would lead to substantially different recommendations. In the latter case, the two comparative evaluations shall receive comparable consideration. Sites with predicted isolation capabilities that differ by less than a factor of 10, with similar uncertainties, may be assumed to provide equivalent isolation."], ["10:10:5.0.2.5.43.2.19.11", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2 Siting process.", "DOE", "", "", "[49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57335, Nov. 14, 2001]", "The siting process begins with site screening for the identification of potentially acceptable sites. This process was completed for purposes of the first repository before the enactment of the Act, and the identification of such sites was made after enactment in accordance with the provisions of section 116(a) of the Act. The screening process for the identification of potentially acceptable sites for the second and subsequent repositories shall be conducted in accordance with the requirements specified in \u00a7 960.3-2-1 of this subpart. The nomination of any site as suitable for characterization shall follow the process specified in \u00a7 960.3-2-2, and such nomination shall be accompanied by an environmental assessment as specified in section 112(b)(1)(E) of the Act. The recommendation of sites as candidate sites for characterization shall be accomplished in accordance with the requirements specified in \u00a7 960.3-2-3."], ["10:10:5.0.2.5.43.2.19.12", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-1 Site screening for potentially acceptable sites.", "DOE", "", "", "", "To identify potentially acceptable sites for the development of other than the first repository, the process shall begin with site-screening activities that consider large land masses that contain rock formations of suitable depth, thickness, and lateral extent and have structural, hydrologic, and tectonic features favorable for waste containment and isolation. Within those large land masses, subsequent site-screening activities shall focus on successively smaller and increasingly more suitable land units. This process shall be developed in consultation with the States that contain land units under consideration. It shall be implemented in a sequence of steps that first applies the applicable disqualifying conditions to eliminate land units on the basis of the evidence specified in \u00a7 960.3-1-4-1 and in accordance with the application requirements set forth in appendix III of this part. After the disqualifying conditions have been applied, the favorable and potentially adverse conditions, as identified for each remaining land unit, shall be evaluated. The presence of favorable conditions shall favor a given land unit, while the presence of potentially adverse conditions shall penalize that land unit. Recognizing that favorable conditions and potentially adverse conditions for different technical guidelines can exist in the same land unit, the DOE shall seek to evaluate the composite favorability of each land unit. Land units that, in the aggregrate, exhibit potentially adverse conditions shall be deferred in favor of land units that exhibit favorable conditions. The siting provisions that require diversity of geohydrologic settings and rock types and consideration of regionality, as specified in \u00a7\u00a7 960.3-1-1, 960.3-1-2, and 960.3-1-3, respectively, may be used to discriminate between land units and to establish the range of options in site screening. To identify a site as potentially acceptable, the evidence shall support a finding that the site is not disqualified in accordance with the application requirements set forth in appendix III of this part and shall support the decision by the DOE to proceed the continued investigation of the site on the basis of the favorable and potentially adverse conditions identified to date. In continuation of the screening process after such identification and before site nomination, the DOE may defer from further consideration land units or potentially acceptable sites or portions thereof on the basis of additional information or by the application of the siting provisions for diversity of geohydrologic settings, diversity of rock types, and regionality (\u00a7\u00a7 960.3-1-1, 960.3-1-2, and 960.3-1-3, respectively). The deferral of potentially acceptable sites will be described in the environmental assessments that accompany the nomination of at least five sites as suitable for characterization. In order to identify potentially acceptable sites for the second and subsequent repositories, the Secretary shall  first  identify the State within which the site is located in a decision-basis document that describes the process and the considerations that led to the identification of such site and that has been issued previously in draft for review and comment by such State.  Second,  when such document is final, the Secretary shall notify the Governor and the legislature of that State and the tribal council of any affected Indian tribe of the potentially acceptable site."], ["10:10:5.0.2.5.43.2.19.13", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-2 Nomination of sites as suitable for characterization.", "DOE", "", "", "", "From the sites identified as potentially acceptable, the Secretary shall nominate at least five sites determined suitable for site characterization for the selection of each repository site. For the second repository, at least three of the sites shall not have been nominated previously. Any site nominated as suitable for characterization for the first repository, but not recommended as a candidate site for characterization, may not be nominated as suitable for characterization for the second repository. The nomination of a site as suitable for characterization shall be accompanied by an environmental assessment as specified in section 112(b)(1)(E) of the Act. Such nomination shall be based on evaluations in accordance with the guidelines of this part, and the bases and relevant details of those evaluations and of the decision processes involved therein shall be contained in the environmental assessment for the site in the manner specified in this subpart. The evidence required to support such evaluations and siting decisions is specified in \u00a7 960.3-1-4-2."], ["10:10:5.0.2.5.43.2.19.14", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-2-1 Evaluation of all potentially acceptable sites.", "DOE", "", "", "", "First,  in considering sites for nomination, each of the potentially acceptable sites shall be evaluated on the basis of the disqualifying conditions specified in the technical guidelines of subparts C and D, in accordance with the application requirements set forth in appendix III of this part. This evaluation shall support a finding by the DOE that such sites is not disqualified."], ["10:10:5.0.2.5.43.2.19.15", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-2-2 Selection of sites within geohydrologic settings.", "DOE", "", "", "", "Second,  the siting provision requiring diversity of geohydrologic settings, as specified in \u00a7 960.3-1-1, shall be applied to group all potentially acceptable sites according to their geohydrologic settings.  Third,  for those geohydrologic settings that contain more than one potentially acceptable site, the preferred site shall be selected on the basis of a comparative evaluation of all potentially acceptable sites in that setting. This evaluation shall consider the distinguishing characteristics displayed by the potentially acceptable sites within the setting and the related guidelines from subparts C and D. That is, the appropriate guidelines shall be selected primarily on the basis of the kinds of evidence among sites for which distinguishing characteristics can be identified. Such comparative evaluation shall be made on the basis of the qualifying conditions for those guidelines, considering, on balance, the favorable conditions and potentially adverse conditions identified at each site. Due consideration shall also be given to the siting provisions specifying the basis for site evaluations in \u00a7 960.3-1-5, to the extent practicable, and diversity of rock types in \u00a7 960.3-1-2, if the circumstances so apply. If less than five geohydrologic settings are available for consideration, the above process shall be used to select two or more preferred sites from those settings that contain more than one potentially acceptable site, as required to obtain the number of sites to be nominated as suitable for characterization. For purposes of the second and subsequent repositories, due consideration shall also be given to the siting provision for regionality as specified in \u00a7 960.3-1-3.  Fourth,  each preferred site within a geohydrologic setting shall be evaluated as to whether such site is suitable for the development of a repository under the qualifying condition of each guideline specified in subparts C and D that does not require site characterization as a prerequisite for the application of such guideline. The guidelines considered appropriate to this evaluation have been selected on the basis of their exclusion under the definition of site characterization as specified in \u00a7 960.2. Although the final application of these guidelines, in accordance with the provisions set forth in appendix III of this part, does not require geologic data from site-characterization activities, such application will require additional data beyond those specified in appendix IV of this part, which will be obtained concurrently with site characterization. Such guidelines include those specified in \u00a7 960.4-2-8-2 (Site Ownership and Control) of subpart C; \u00a7\u00a7 960.5-1(a)(1) and 960.5-1(a)(2) of subpart D (preclosure system guidelines for radiological safety and environmental quality, socioeconomics, and transportation); and \u00a7\u00a7 960.5-2-1 through 960.5-2-7 of subpart D (Population Density and Distribution, Site Ownership and Control, Meteorology, Offsite Installations and Operations, Environmental Quality, Socioeconomic Impacts, and Transportation). This evaluation shall consider on balance those favorable conditions and potentially adverse conditions identified as such at a preferred site in relation to the qualifying condition of each such guideline. For each such guideline, this evaluation shall focus on the suitability of the site for the development of a repository by considering the activities from the start of site characterization through decommissioning and shall support a finding by the DOE in accordance with the application requirements set forth in appendix III of this part.  Fifth,  each preferred site within a geohydrologic setting shall be evaluated as to whether such site is suitable for site characterization under the qualifying conditions of those guidelines specified in subparts C and D that require characterization (i.e., subsurface geologic, hydrologic, and geochemical data gathering). Such guidelines include those specified in \u00a7 960.4-1(a) (postclosure system guideline); \u00a7\u00a7 960.4-2-1 through 960.4-2-8-1 of subpart C (Geohydrology, Geochemistry, Rock Characteristics, Climatic Changes, Erosion, Dissolution, Tectonics, Human Interference, and Natural Resources); \u00a7 960.5-1(a)(3) (preclosure system guideline for ease and cost of siting, construction, operation, and closure); and \u00a7 960.5-2-8 through 960.5-2-11 of subpart D (Surface Characteristics, Rock Characteristics, Hydrology, and Tectonics). This evaluation shall consider on balance the favorable conditions and potentially adverse conditions identified as such at a preferred site in relation to the qualifying condition of each such guideline. For each such guideline, this evaluation shall focus on the suitability of the site for characterization and shall support a finding by the DOE in accordance with the application requirements set forth in appendix III of this part."], ["10:10:5.0.2.5.43.2.19.16", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-2-3 Comparative evaluation of all sites proposed for nomination.", "DOE", "", "", "", "Sixth,  for those potentially acceptable sites to be proposed for nomination, as determined by the process specified in \u00a7 960.3-2-2-2, a reasonable comparative evaluation of each such site with all other such sites shall be made. For each site and for each guideline specified in subparts C and D, the DOE shall summarize the evaluations and findings specified under \u00a7 960.3-2-2-1 and under the fourth and fifth provisions of \u00a7 960.3-2-2-2. Each such summary shall allow comparisons to be made among sites on this basis of each guideline."], ["10:10:5.0.2.5.43.2.19.17", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-2-4 The environmental assessment.", "DOE", "", "", "", "To document the process specified above, and in compliance with section 112(b)(1)(E) of the Act, an environmental assessment shall be prepared for each site proposed for nomination as suitable for characterization. Each such environmental assessment shall describe the decision process by which such site was proposed for nomination as described in the preceding six steps and shall contain or reference the evidence that supports such process according to the requirements of \u00a7 960.3-1-4-2 and appendix IV of this part. As specified in the Act, each environmental assessment shall include an evaluation of the effects of the site-characterization activities at the site on public health and safety and the environment; a discussion of alternative activities related to site characterization that may be taken to avoid such impact; and an assessment of the regional and local impacts of locating a repository at the site. The draft environmental assessment for each site proposed for nomination as suitable for characterization shall be made available by the DOE for public comment after the Secretary has notified the Governor and legislature of the State in which the site is located, and the governing body of the affected Indian tribe where such site is located, of such impending availability."], ["10:10:5.0.2.5.43.2.19.18", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-2-5 Formal site nomination.", "DOE", "", "", "", "After the final environmental assessments have been prepared, the Secretary shall nominate at least five sites that he determines suitable for site characterization for the selection of a repository site, and, in so doing, he shall cause to have published in the  Federal Register  a notice specifying the sites so nominated and announcing the availability of the final environmental assessments for such sites. This determination by the Secretary shall be based on the final environmental assessments for such sites, including, in particular, consideration of the available evidence, evaluations, and the resultant findings for the guidelines of subparts C and D so specified under the fourth and fifth provisions of \u00a7 960.3-2-2-2. Before nominating a site, the Secretary shall notify the Governor and legislature of the State in which the site is located, and the governing body of the affected Indian tribe where such site is located, of such nomination and the basis for such nomination."], ["10:10:5.0.2.5.43.2.19.19", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-2-3 Recommendation of sites for characterization.", "DOE", "", "", "", "After the nomination of at least five sites as suitable for site characterization for the selection of the first repository, the Secretary shall recommend in writing to the President not less than three candidate sites for such characterization. The recommendation decision shall be based on the available geophysical, geologic, geochemical, and hydrologic data; other information; associated evaluations and findings reported in the environmental assessments accompanying the nominations; and the considerations specified below, unless the Secretary certifies that such available data will not be adequate to satisfy applicable requirements of the Act in the absence of further preliminary borings or excavations. On the basis of the evidence and in accordance with the siting provision specifying the basis for site evaluations in \u00a7 960.3-1-5, the sites nominated as suitable for characterization shall be considered as to their order of preference as candidate sites for characterization. Subsequently, the siting provisions specifying diversity of geohydrologic settings, diversity of rock types, and, after the first repository, consideration of regionality in \u00a7\u00a7 960.3-1-1, 960.3-1-2, and 960.3-1-3, respectively, shall be considered to determine a final order of preference for the characterization of such sites. Considering this order of preference together with the available siting alternatives specified in the Act, the sites recommended as candidate sites for characterization shall offer, on balance, the most advantageous combination of characteristics and conditions for the successful development of repositories at such sites. The process for the recommendation of sites as candidate sites for characterization for the selection of any subsequent repository shall be the same as that specified above for the first repository."], ["10:10:5.0.2.5.43.2.19.2", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1 Siting provisions.", "DOE", "", "", "", "The siting provisions establish the framework for the implementation of the siting process specified in \u00a7 960.3-2. Sections 960.3-1-1 and 960.3-1-2 require that consideration be given to sites situated in different geohydrologic settings and different types of host rock, respectively. These diversity guidelines are intended to balance the process of site selection by requiring consideration of a variety of geologic conditions and media, and thereby enhance confidence in the technical suitability of sites selected for the development of repositories. As required by the Act, \u00a7 960.3-1-3 specifies consideration of a regional distribution of repositories after recommendation of a site for development of the first repository. Section 960.3-1-4 describes the evidence that is required to support siting decisions. Section 960.3-1-5 establishes the basis for site evaluations against the postclosure and the preclosure guidelines of subparts C and D during the various phases of the siting process."], ["10:10:5.0.2.5.43.2.19.20", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-3 Consultation.", "DOE", "", "", "", "The DOE shall provide to designated officials of the affected States and to the governing bodies of any affected Indian tribe timely and complete information regarding determinations or plans made with respect to the siting, site characterization, design, development, construction, operation, closure, decommissioning, licensing, or regulation of a repository. Written responses to written requests for information from the designated officials of affected States or affected Indian tribes will be provided within 30 days after receipt of the written requests. In performing any study of an area for the purpose of determining the suitability of such area for the development of a repository, the DOE shall consult and cooperate with the Governor and the legislature of an affected State and the governing body of an affected Indian tribe in an effort to resolve concerns regarding public health and safety, environmental impacts, socioeconomic impacts, and technical aspects of the siting process. After notifying affected States and affected Indian tribes that potentially acceptable sites have been identified, or that a site has been approved for characterization, the DOE shall seek to enter into binding written agreements with such affected States or affected Indian tribes in accordance with the requirements of the Act. The DOE shall also consult, as appropriate, with other Federal agencies."], ["10:10:5.0.2.5.43.2.19.21", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-4 Environmental impacts.", "DOE", "", "", "", "Environmental impacts shall be considered by the DOE throughout the site characterization, site selection, and repository development process. The DOE shall mitigate significant adverse environmental impacts, to the extent practicable, during site characterization and repository construction, operation, closure, and decommissioning."], ["10:10:5.0.2.5.43.2.19.3", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-1 Diversity of geohydrologic settings.", "DOE", "", "", "", "Consideration shall be given to a variety of geohydrologic settings in which sites for the development of repositories may be located. To the extent practicable, sites recommended as candidate sites for characterization shall be located in different geohydrologic settings."], ["10:10:5.0.2.5.43.2.19.4", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-2 Diversity of rock types.", "DOE", "", "", "", "Consideration shall be given to a variety of geologic media in which sites for the development of repositories may be located. To the extent practicable, and with due consideration of candidate sites characterized previously or approved for such characterization if the circumstances apply, sites recommended as candidate sites for characterization shall have different types of host rock."], ["10:10:5.0.2.5.43.2.19.5", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-3 Regionality.", "DOE", "", "", "", "In making site recommendations for repository development after the site for the first repository has been recommended, the Secretary shall give due consideration to the need for, and the advantages of, a regional distribution in the siting of subsequent repositories. Such consideration shall take into account the proximity of sites to locations at which waste is generated or temporarily stored and at which other repositories have been or are being developed."], ["10:10:5.0.2.5.43.2.19.6", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-4 Evidence for siting decisions.", "DOE", "", "", "", "The siting process involves a sequence of four decisions: The identification of potentially acceptable sites; the nomination of sites as suitable for characterization; the recommendation of sites as candidate sites for site characterization; and after the completion of site characterization and nongeologic data gathering, the recommendation of a candidate site for the development of a repository. Each of these decisions will be supported by the evidence specified below."], ["10:10:5.0.2.5.43.2.19.7", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-4-1 Site identification as potentially acceptable.", "DOE", "", "", "", "The evidence for the identification of a potentially acceptable site shall be the types of information specified in appendix IV of this part. Such evidence will be relatively general and less detailed than that required for the nomination of a site as suitable for characterization. Because the gathering of detailed geologic data will not take place until after the recommendation of a site for characterization, the levels of information may be relatively greater for the evaluation of those guidelines in subparts C and D that pertain to surface-identifiable factors for such site. The sources of information shall include the literature in the public domain and the private sector, when available, and will be supplemented in some instances by surface investigations and conceptual engineering design studies conducted by the DOE. Geologic surface investigations may include the mapping of identifiable rock masses, fracture and joint characteristics, and fault zones. Other surface investigations will consider the aquatic and terrestrial ecology; water rights and uses; topography; potential offsite hazards; natural resource concentrations; national or State protected resources; existing transportation systems; meteorology and climatology; population densities, centers, and distributions; and general socioeconomic characteristics."], ["10:10:5.0.2.5.43.2.19.8", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-4-2 Site nomination for characterization.", "DOE", "", "", "", "The evidence required to support the nomination of a site as suitable for characterization shall include the types of information specified in appendix IV of this part and shall be contained or referenced in the environmental assessments to be prepared in accordance with the requirements of the Act. The source of this information shall include the literature and related studies in the public domain and the private sector, when available, and various meteorological, environmental, socioeconomic, and transportation studies conducted by the DOE in the affected area; exploratory boreholes in the region of such site, including lithologic logging and hydrologic and geophysical testing of such boreholes, laboratory testing of core samples for the evaluation of geochemical and engineering rock properties, and chemical analyses of water samples from such boreholes; surface investigations, including geologic mapping and geophysical surveys, and compilations of satellite imagery data; in situ or laboratory testing of similar rock types under expected repository conditions; evaluations of natural and man-made analogs of the repository and its subsystems, such as geothermally active areas, underground excavations, and case histories of socioeconomic cycles in areas that have experienced intermittent large-scale construction and industrial activities; and extrapolations of regional data to estimate site-specific characteristics and conditions. The exact types and amounts of information to be collected within the above categories, including such details as the specific types of hydrologic tests, combinations of geophysical tests, or number of exploratory boreholes, are dependent on the site-specific needs for the application of the guidelines of subparts C and D, in accordance with the provisions of this subpart and the application requirements set forth in appendix III of this part. The evidence shall also include those technical evaluations that use the information specified above and that provide additional bases for evaluating the ability of a site to meet the qualifying conditions of the guidelines of subparts C and D. In developing the above-mentioned bases for evaluation, as may be necessary, assumptions that approximate the characteristics or conditions considered to exist at a site, or expected to exist or occur in the future, may be used. These assumptions will be realistic but conservative enough to underestimate the potential for a site to meet the qualifying condition of a guideline; that is, the use of such assumptions should not lead to an exaggeration of the ability of a site to meet the qualifying condition."], ["10:10:5.0.2.5.43.2.19.9", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "B", "Subpart B\u2014Implementation Guidelines", "", "\u00a7 960.3-1-4-3 Site recommendation for characterization.", "DOE", "", "", "", "The evidence required to support the recommendation of a site as a candidate site for characterization shall consist of the evaluations and data contained or referenced in the environmental assessment for such site, unless the Secretary certifies that such information, in the absence of additional preliminary borings or excavations, will not be adequate to satisfy applicable requirements of the Act."], ["10:10:5.0.2.5.43.3.19.1", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4 Postclosure guidelines.", "DOE", "", "", "", "The guidelines in this subpart specify the factors to be considered in evaluating and comparing sites on the basis of expected repository performance after closure. The postclosure guidelines are separated into a system guideline and eight technical guidelines. The system guideline establishes waste containment and isolation requirements that are based on NRC and EPA regulations. These requirements must be met by the repository system, which contains natural barriers and engineered barriers. The engineered barriers will be designed to complement the natural barriers, which provide the primary means for waste isolation."], ["10:10:5.0.2.5.43.3.19.10", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-7 Tectonics.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located in a geologic setting where future tectonic processes or events will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in \u00a7 960.4-1. In predicting the likelihood of potentially disruptive tectonic processes or events, the DOE will consider the structural, stratigraphic, geophysical, and seismic evidence for the nature and rates of tectonic processes and events in the geologic setting during the Quaternary Period.\n\n(b)  Favorable condition.  The nature and rates of igneous activity and tectonic processes (such as uplift, subsidence, faulting, or folding), if any, operating within the geologic setting during the Quaternary Period would, if continued into the future, have less than one chance in 10,000 over the first 10,000 years after closure of leading to releases of radionuclides to the accessible environment.\n\n(c)  Potentially adverse conditions.  (1) Evidence of active folding, faulting, diapirism, uplift, subsidence, or other tectonic processes or igneous activity within the geologic setting during the Quaternary Period.\n\n(2) Historical earthquakes within the geologic setting of such magnitude and intensity that, if they recurred, could affect waste containment or isolation.\n\n(3) Indications, based on correlations of earthquakes with tectonic processes and features, that either the frequency of occurrence or the magnitude of earthquakes within the geologic setting may increase.\n\n(4) More-frequent occurrences of earthquakes or earthquakes of higher magnitude than are representative of the region in which the geologic setting is located.\n\n(5) Potential for natural phenomena such as landslides, subsidence, or volcanic activity of such magnitudes that they could create large-scale surface-water impoundments that could change the regional ground-water flow system.\n\n(6) Potential for tectonic deformations\u2014such as uplift, subsidence, folding, or faulting\u2014that could adversely affect the regional ground-water flow system.\n\n(d)  Disqualifying condition.  A site shall be disqualified if, based on the geologic record during the Quaternary Period, the nature and rates of fault movement or other ground motion are expected to be such that a loss of waste isolation is likely to occur."], ["10:10:5.0.2.5.43.3.19.11", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-8 Human interference.", "DOE", "", "", "", "The site shall be located such that activities by future generations at or near the site will not be likely to affect waste containment and isolation. In assessing the likelihood of such activities, the DOE will consider the estimated effectiveness of the permanent markers and records required by 10 CFR part 60, taking into account site-specific factors, as stated in \u00a7\u00a7 960.4-2-8-1 and 960.4-2-8-2, that could compromise their continued effectiveness."], ["10:10:5.0.2.5.43.3.19.12", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-8-1 Natural resources.", "DOE", "", "", "", "(a)  Qualifying condition.  This site shall be located such that\u2014considering permanent markers and records and reasonable projections of value, scarcity, and technology\u2014the natural resources, including ground water suitable for crop irrigation or human consumption without treatment, present at or near the site will not be likely to give rise to interference activities that would lead to radionuclide releases greater than those allowable under the requirements specified in \u00a7 960.4-1.\n\n(b)  Favorable conditions.  (1) No known natural resources that have or are projected to have in the foreseeable future a value great enough to be considered a commercially extractable resource.\n\n(2) Ground water with 10,000 parts per million or more of total dissolved solids along any path of likely radionuclide travel from the host rock to the accessible environment.\n\n(c)  Potentially adverse conditions.  (1) Indications that the site contains naturally occurring materials, whether or not actually identified in such form that (i) economic extraction is potentially feasible during the foreseeable future or (ii) such materials have a greater gross value, net value, or commercial potential than the average for other areas of similar size that are representative of, and located in, the geologic setting.\n\n(2) Evidence of subsurface mining or extraction for resources within the site if it could affect waste containment or isolation.\n\n(3) Evidence of drilling within the site for any purpose other than repository-site evaluation to a depth sufficient to affect waste containment and isolation.\n\n(4) Evidence of a significant concentration of any naturally occurring material that is not widely available from other sources.\n\n(5) Potential for foreseeable human activities\u2014such as ground-water withdrawal, extensive irrigation, subsurface injection of fluids, underground pumped storage, military activities, or the construction of large-scale surface-water impoundments\u2014that could adversely change portions of the ground-water flow system important to waste isolation.\n\n(d)  Disqualifying conditions.  A site shall be disqualified if\u2014\n\n(1) Previous exploration, mining, or extraction activities for resources of commercial importance at the site have created significant pathways between the projected underground facility and the accessible environment; or\n\n(2) Ongoing or likely future activities to recover presently valuable natural mineral resources outside the controlled area would be expected to lead to an inadvertent loss of waste isolation."], ["10:10:5.0.2.5.43.3.19.13", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-8-2 Site ownership and control.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR part 60, ownership, surface and subsurface rights, and control of access that are required in order that potential surface and subsurface activities as the site will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in \u00a7 960.4-1.\n\n(b)  Favorable condition.  Present ownership and control of land and all surface and subsurface rights by the DOE.\n\n(c)  Potentially adverse condition.  Projected land-ownership conflicts that cannot be successfully resolved through voluntary purchase-sell agreements, nondisputed agency-to-agency transfers of title, or Federal condemnation proceedings."], ["10:10:5.0.2.5.43.3.19.2", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-1 System guideline.", "DOE", "", "", "", "(a)  Qualifying Condition.  The geologic setting at the site shall allow for the physical separation of radioactive waste from the accessible environment after closure in accordance with the requirements of 40 CFR part 191, subpart B, as implemented by the provisions of 10 CFR part 60. The geologic setting at the site will allow for the use of engineered barriers to ensure compliance with the requirements of 40 CFR part 191 and 10 CFR part 60 (see appendix I of this part)."], ["10:10:5.0.2.5.43.3.19.3", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2 Technical guidelines.", "DOE", "", "", "", "The technical guidelines in this subpart set forth qualifying, favorable, potentially adverse, and, in five guidelines, disqualifying conditions on the characteristics, processes, and events that may influence the performance of a repository system after closure. The favorable conditions and the potentially adverse conditions under each guideline are  not  listed in any assumed order of importance. Potentially adverse conditions will be considered if they affect waste isolation within the controlled area even though such conditions may occur outside the controlled area. The technical guidelines that follow establish conditions that shall be considered in determining compliance with the qualifying condition of the postclosure system guideline. For each technical guideline, an evaluation of qualification or disqualification shall be made in accordance with the requirements specified in subpart B."], ["10:10:5.0.2.5.43.3.19.4", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-1 Geohydrology.", "DOE", "", "", "", "(a)  Qualifying condition.  The present and expected geohydrologic setting of a site shall be compatible with waste containment and isolation. The geohydrologic setting, considering the characteristics of and the processes operating within the geologic setting, shall permit compliance with (1) the requirements specified in \u00a7 960.4-1 for radionuclide releases to the accessible environment and (2) the requirements specified in 10 CFR 60.113 for radionuclide releases from the engineered-barrier system using reasonably available technology.\n\n(b)  Favorable conditions.  (1) Site conditions such that the pre-waste-emplacement ground-water travel time along any path of likely radionuclide travel from the disturbed zone to the accessible environment would be more than 10,000 years.\n\n(2) The nature and rates of hydrologic processes operating within the geologic setting during the Quaternary Period would, if continued into the future, not affect or would favorably affect the ability of the geologic repository to isolate the waste during the next 100,000 years.\n\n(3) Sites that have stratigraphic, structural, and hydrologic features such that the geohydrologic system can be readily characterized and modeled with reasonable certainty.\n\n(4) For disposal in the saturated zone, at least one of the following pre-waste-emplacement conditions exists:\n\n(i) A host rock and immediately surrounding geohydrologic units with low hydraulic conductivities.\n\n(ii) A downward or predominantly horizontal hydraulic gradient in the host rock and in the immediately surrounding geohydrologic units.\n\n(iii) A low hydraulic gradient in and between the host rock and the immediately surrounding geohydrologic units.\n\n(iv) High effective porosity together with low hydraulic conductivity in rock units along paths of likely radionuclide travel between the host rock and the accessible environment.\n\n(5) For disposal in the unsaturated zone, at least one of the following pre-waste-emplacement conditions exists:\n\n(i) A low and nearly constant degree of saturation in the host rock and in the immediately surrounding geohydrologic units.\n\n(ii) A water table sufficiently below the underground facility such that the fully saturated voids continuous with the water table do not encounter the host rock.\n\n(iii) A geohydrologic unit above the host rock that would divert the downward infiltration of water beyond the limits of the emplaced waste.\n\n(iv) A host rock that provides for free drainage.\n\n(v) A climatic regime in which the average annual historical precipitation is a small fraction of the average annual potential evapotranspiration.\n\nThe DOE will, in accordance with the general principles set forth in \u00a7 960.1 of these regulations, revise the guidelines as necessary, to ensure consistency with the final NRC regulations on the unsaturated zone, which were published as a proposed rule on February 16, 1984, in 49 FR 5934.\n\n(c)  Potentially adverse conditions.  (1) Expected changes in geohydrologic conditions\u2014such as changes in the hydraulic gradient, the hydraulic conductivity, the effective porosity, and the ground-water flux through the host rock and the surrounding geohydrologic units\u2014sufficient to significantly increase the transport of radionuclides to the accessible environment as compared with pre-waste-emplacement conditions.\n\n(2) The presence of ground-water sources, suitable for crop irrigation or human consumption without treatment, along ground-water flow paths from the host rock to the accessible environment.\n\n(3) The presence in the geologic setting of stratigraphic or structural features\u2014such as dikes, sills, faults, shear zones, folds, dissolution effects, or brine pockets\u2014if their presence could significantly contribute to the difficulty of characterizing or modeling the geohydrologic system.\n\n(d)  Disqualifying condition.  A site shall be disqualified if the pre-waste-emplacement ground-water travel time from the disturbed zone to the accessible environment is expected to be less than 1,000 years along any pathway of likely and significant radionuclide travel."], ["10:10:5.0.2.5.43.3.19.5", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-2 Geochemistry.", "DOE", "", "", "", "(a)  Qualifying condition.  The present and expected geochemical characteristics of a site shall be compatible with waste containment and isolation. Considering the likely chemical interactions among radionuclides, the host rock, and the ground water, the characteristics of and the processes operating within the geologic setting shall permit compliance with (1) the requirements specified in \u00a7 960.4-1 for radionuclide releases to the accessible environment and (2) the requirements specified in 10 CFR 60.113 for radionuclide releases from the engineered-barrier system using reasonably available technology.\n\n(b)  Favorable conditions.  (1) The nature and rates of the geochemical processes operating within the geologic setting during the Quaternary Period would, if continued into the future, not affect or would favorably affect the ability of the geologic repository to isolate the waste during the next 100,000 years.\n\n(2) Geochemical conditions that promote the precipitation, diffusion into the rock matrix, or sorption of radionuclides; inhibit the formation of particulates, colloids, inorganic complexes, or organic complexes that increase the mobility of radionuclides; or inhibit the transport of radionuclides by particulates, colloids, or complexes.\n\n(3) Mineral assemblages that, when subjected to expected repository conditions, would remain unaltered or would alter to mineral assemblages with equal or increased capability to retard radionuclide transport.\n\n(4) A combination of expected geochemical conditions and a volumetric flow rate of water in the host rock that would allow less than 0.001 percent per year of the total radionuclide inventory in the repository at 1,000 years to be dissolved.\n\n(5) Any combination of geochemical and physical retardation processes that would decrease the predicted peak cumulative releases of radionuclides to the accessible environment by a factor of 10 as compared to those predicted on the basis of ground-water travel time without such retardation.\n\n(c)  Potentially adverse conditions.  (1) Ground-water conditions in the host rock that could affect the solubility or the chemical reactivity of the engineered-barrier system to the extent that the expected repository performance could be compromised.\n\n(2) Geochemical processes or conditions that could reduce the sorption of radionuclides or degrade the rock strength.\n\n(3) Pre-waste-emplacement ground-water conditions in the host rock that are chemically oxidizing."], ["10:10:5.0.2.5.43.3.19.6", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-3 Rock characteristics.", "DOE", "", "", "", "(a)  Qualifying condition.  The present and expected characteristics of the host rock and surrounding units shall be capable of accommodating the thermal, chemical, mechanical, and radiation stresses expected to be induced by repository construction, operation, and closure and by expected interactions among the waste, host rock, ground water, and engineered components. The characteristics of and the processes operating within the geologic setting shall permit compliance with (1) the requirements specified in \u00a7 960.4-1 for radionuclide releases to the accessible environment and (2) the requirements set forth in 10 CFR 60.113 for radionuclide releases from the engineered-barrier system using reasonably available technology.\n\n(b)  Favorable Conditions.  (1) A host rock that is sufficiently thick and laterally extensive to allow significant flexibility in selecting the depth, configuration, and location of the underground facility to ensure isolation.\n\n(2) A host rock with a high thermal conductivity, a low coefficient of thermal expansion, or sufficient ductility to seal fractures induced by repository construction, operation, or closure or by interactions among the waste, host rock, ground water, and engineered components.\n\n(c)  Potentially adverse conditions.  (1) Rock conditions that could require engineering measures beyond reasonably available technology for the construction, operation, and closure of the repository, if such measures are necessary to ensure waste containment or isolation.\n\n(2) Potential for such phenomena as thermally induced fractures, the hydration or dehydration of mineral components, brine migration, or other physical, chemical, or radiation-related phenomena that could be expected to affect waste containment or isolation.\n\n(3) A combination of geologic structure, geochemical and thermal properties, and hydrologic conditions in the host rock and surrounding units such that the heat generated by the waste could significantly decrease the isolation provided by the host rock as compared with pre-waste-emplacement conditions."], ["10:10:5.0.2.5.43.3.19.7", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-4 Climatic changes.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located where future climatic conditions will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in \u00a7 960.4-1. In predicting the likely future climatic conditions at a site, the DOE will consider the global, regional, and site climatic patterns during the Quaternary Period, considering the geomorphic evidence of the climatic conditions in the geologic setting.\n\n(b)  Favorable conditions.  (1) A surface-water system such that expected climatic cycles over the next 100,000 years would not adversely affect waste isolation.\n\n(2) A geologic setting in which climatic changes have had little effect on the hydrologic system throughout the Quaternary Period.\n\n(c)  Potentially adverse conditions.  (1) Evidence that the water table could rise sufficiently over the next 10,000 years to saturate the underground facility in a previously unsaturated host rock.\n\n(2) Evidence that climatic changes over the next 10,000 years could cause perturbations in the hydraulic gradient, the hydraulic conductivity, the effective porosity, or the ground-water flux through the host rock and the surrounding geohydrologic units, sufficient to significantly increase the transport of radionuclides to the accessible environment."], ["10:10:5.0.2.5.43.3.19.8", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-5 Erosion.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall allow the underground facility to be placed at a depth such that erosional processes acting upon the surface will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in \u00a7 960.4-1. In predicting the likelihood of potentially disruptive erosional processes, the DOE will consider the climatic, tectonic, and geomorphic evidence of rates and patterns of erosion in the geologic setting during the Quaternary Period.\n\n(b)  Favorable conditions.  (1) Site conditions that permit the emplacement of waste at a depth of at least 300 meters below the directly overlying ground surface.\n\n(2) A geologic setting where the nature and rates of the erosional processes that have been operating during the Quaternary Period are predicted to have less than one chance in 10,000 over the next 10,000 years of leading to releases of radionuclides to the accessible environment.\n\n(3) Site conditions such that waste exhumation would not be expected to occur during the first one million years after repository closure.\n\n(c)  Potentially adverse conditions.  (1) A geologic setting that shows evidence of extreme erosion during the Quaternary Period.\n\n(2) A geologic setting where the nature and rates of geomorphic processes that have been operating during the Quaternary Period could, during the first 10,000 years after closure, adversely affect the ability of the geologic repository to isolate the waste.\n\n(d)  Disqualifying condition.  The site shall be  disqualified  if site conditions do not allow all portions of the underground facility to be situated at least 200 meters below the directly overlying ground surface."], ["10:10:5.0.2.5.43.3.19.9", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "C", "Subpart C\u2014Postclosure Guidelines", "", "\u00a7 960.4-2-6 Dissolution.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that any subsurface rock dissolution will not be likely to lead to radionuclide releases greater than those allowable under the requirements specified in \u00a7 960.4-1. In predicting the likelihood of dissolution within the geologic setting at a site, the DOE will consider the evidence of dissolution within that setting during the Quaternary Period, including the locations and characteristics of dissolution fronts or other dissolution features, if identified.\n\n(b)  Favorable condition.  No evidence that the host rock within the site was subject to significant dissolution during the Quaternary Period.\n\n(c)  Potentially adverse condition.  Evidence of dissolution within the geologic setting\u2014such as breccia pipes, dissolution cavities, significant volumetric reduction of the host rock or surrounding strata, or any structural collapse\u2014such that a hydraulic interconnection leading to a loss of waste isolation could occur.\n\n(d)  Disqualifying condition.  The site shall be  disqualified  if it is likely that, during the first 10,000 years after closure, active dissolution, as predicted on the basis of the geologic record, would result in a loss of waste isolation."], ["10:10:5.0.2.5.43.4.19.1", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5 Preclosure guidelines.", "DOE", "", "", "", "The guidelines in this subpart specify the factors to be considered in evaluating and comparing sites on the basis of expected repository performance before closure. The preclosure guidelines are separated into three system guidelines and eleven technical guidelines."], ["10:10:5.0.2.5.43.4.19.2", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-1 System guidelines.", "DOE", "", "", "", "(a)  Qualifying conditions \u2014(1)  Preclosure radiological safety.  Any projected radiological exposures of the general public and any projected releases of radioactive materials to restricted and unrestricted areas during repository operation and closure shall meet the applicable safety requirements set forth in 10 CFR part 20, 10 CFR part 60, and 40 CFR 191, subpart A (see appendix II of this part).\n\n(2)  Environment, socioeconomics, and transportation.  During repository siting, construction, operation, closure, and decommissioning the public and the environment shall be adequately protected from the hazards posed by the disposal of radioactive waste.\n\n(3)  Ease and cost of siting, construction, operation, and closure.  Repository siting, construction, operation, and closure shall be demonstrated to be technically feasible on the basis of reasonably available technology, and the associated costs shall be demonstrated to be reasonable relative to other available and comparable siting options."], ["10:10:5.0.2.5.43.4.19.3", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2 Technical guidelines.", "DOE", "", "", "", "The technical guidelines in this subpart set forth qualifying, favorable, potentially adverse, and, in seven guidelines, disqualifying conditions for the characteristics, processes, and events that influence the suitability of a site relative to the preclosure system guidelines. These conditions are separated into three main groups: Preclosure radiological safety; environment, socioeconomics, and transportation; and ease and cost of siting, construction, operation, and closure. The first group includes conditions on population density and distribution, site ownership and control, meteorology, and offsite installations and operations. The second group includes conditions related to environmental quality and socioeconomic impacts in areas potentially affected by a repository and to the transportation of waste to a repository site. The third group includes conditions on the surface characteristics of the site, the characteristics of the host rock and surrounding strata, hydrology, and tectonics. The individual technical guidelines within each group, as well as the favorable conditions and the potentially adverse conditions under each guideline, are not listed in any assumed order of importance. The technical guidelines that follow establish conditions that shall be considered in determining compliance with the qualifying conditions of the preclosure system guidelines. For each technical guideline, an evaluation of qualification or disqualification shall be made in accordance with the requirements specified in subpart B."], ["10:10:5.0.2.5.43.4.19.4", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-1 Population density and distribution.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that, during repository operation and closure, (1) the expected average radiation dose to members of the public within any highly populated area will not be likely to exceed a small fraction of the limits allowable under the requirements specified in \u00a7 960.5-1(a)(1), and (2) the expected radiation dose to any member of the public in an unrestricted area will not be likely to exceed the limit allowable under the requirements specified in \u00a7 960.5-1(a)(1).\n\n(b)  Favorable conditions.  (1) A low population density in the general region of the site.\n\n(2) Remoteness of site from highly populated areas.\n\n(c)  Potentially adverse conditions.  (1) High residential, seasonal, or daytime population density within the projected site boundaries.\n\n(2) Proximity of the site to highly populated areas, or to areas having at least 1,000 individuals in an area 1 mile by 1 mile as defined by the most recent decennial count of the U.S. census.\n\n(d)  Disqualifying conditions.  A site shall be  disqualified  if\u2014\n\n(1) Any surface facility of a repository would be located in a highly populated area; or\n\n(2) Any surface facility of a repository would be located adjacent to an area 1 mile by 1 mile having a population of not less than 1,000 individuals as enumerated by the most recent U.S. census; or\n\n(3) The DOE could not develop an emergency preparedness program which meets the requirements specified in DOE Order 5500.3 (Reactor and Non-Reactor Facility Emergency Planning, Preparedness, and Response Program for Department of Energy Operations) and related guides or, when issued by the NRC, in 10 CFR part 60, subpart I, \u201cEmergency Planning Criteria.\u201d"], ["10:10:5.0.2.5.43.4.19.5", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-2 Site ownership and control.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located on land for which the DOE can obtain, in accordance with the requirements of 10 CFR 60.121, ownership, surface and subsurface rights, and control of access that are required in order that surface and subsurface activities during repository operation and closure will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in \u00a7 960.5-1(a)(1).\n\n(b)  Favorable condition.  Present ownership and control of land and all surface and subsurface mineral and water rights by the DOE.\n\n(c)  Potentially adverse condition.  Projected land-ownership conflicts that cannot be successfully resolved through voluntary purchase-sell agreements, nondisputed agency-to-agency transfers of title, or Federal condemnation proceedings."], ["10:10:5.0.2.5.43.4.19.6", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-3 Meteorology.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that expected meteorological conditions during repository operation and closure will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in \u00a7 960.5-1(a)(1).\n\n(b)  Favorable condition.  Prevailing meteorological conditions such that any radioactive releases to the atmosphere during repository operation and closure would be effectively dispersed, thereby reducing significantly the likelihood of unacceptable exposure to any member of the public in the vicinity of the repository.\n\n(c)  Potentially adverse conditions.  (1) Prevailing meteorological conditions such that radioactive emissions from repository operation of closure could be preferentially transported toward localities in the vicinity of the repository with higher population densities than are the average for the region.\n\n(2) History of extreme weather phenomena\u2014such as hurricanes, tornadoes, severe floods, or severe and frequent winter storms\u2014that could significantly affect repository operation or closure."], ["10:10:5.0.2.5.43.4.19.7", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-4 Offsite installations and operations.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that present projected effects from nearby industrial, transportation, and military installations and operations, including atomic energy defense activities, (1) will not significantly affect repository siting, construction, operation, closure, or decommissioning or can be accommodated by engineering measures and (2), when considered together with emissions from repository operation and closure, will not be likely to lead to radionuclide releases to an unrestricted area greater than those allowable under the requirements specified in \u00a7 960.5-1(a)(1).\n\n(b)  Favorable condition.  Absence of contributing radioactive releases from other nuclear installations and operations that must be considered under the requirements of 40 CFR 191, subpart A.\n\n(c)  Potentially adverse conditions.  (1) The presence of nearby potentially hazardous installations or operations that could adversely affect repository operation or closure.\n\n(2) Presence of other nuclear installations and operations, subject to the requirements of 40 CFR part 190 or 40 CFR part 191, subpart A, with actual or projected releases near the maximum value permissible under those standards.\n\n(d)  Disqualifying condition.  A site shall be disqualified if atomic energy defense activities in proximity to the site are expected to conflict irreconcilably with repository siting, construction, operation, closure, or decommissioning."], ["10:10:5.0.2.5.43.4.20.10", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-7 Transportation.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that (1) the access routes constructed from existing local highways and railroads to the site (i) will not conflict irreconcilably with the previously designated use of any resource listed in \u00a7 960.5-2-5(d) (2) and (3); (ii) can be designed and constructed using reasonably available technology; (iii) will not require transportation system components to meet performance standards more stringent than those specified in the applicable DOT and NRC regulations, nor require the development of new packaging containment technology; (iv) will allow transportation operations to be conducted without causing an unacceptable risk to the public or unacceptable environmental impacts, taking into account programmatic, technical, social, economic, and environmental factors; and (2) the requirements of \u00a7 960.5-1(a)(2) can be met.\n\n(b)  Favorable conditions.  (1) Availability of access routes from local existing highways and railroads to the site which have any of the following characteristics:\n\n(i) Such routes are relatively short and economical to construct as compared to access routes for other comparable siting options.\n\n(ii) Federal condemnation is not required to acquire rights-of-way for the access routes.\n\n(iii) Cuts, fills, tunnels, or bridges are not required.\n\n(iv) Such routes are free of sharp curves or steep grades and are not likely to be affected by landslides or rock slides.\n\n(v) Such routes bypass local cities and towns.\n\n(2) Proximity to local highways and railroads that provide access to regional highways and railroads and are adequate to serve the repository without significant upgrading or reconstruction.\n\n(3) Proximity to regional highways, mainline railroads, or inland waterways that provide access to the national transportation system.\n\n(4) Availability of a regional railroad system with a minimum number of interchange points at which train crew and equipment changes would be required.\n\n(5) Total projected life-cycle cost and risk for transportation of all wastes designated for the repository site which are significantly lower than those for comparable siting options, considering locations of present and potential sources of waste, interim storage facilities, and other repositories.\n\n(6) Availability of regional and local carriers\u2014truck, rail, and water\u2014which have the capability and are willing to handle waste shipments to the repository.\n\n(7) Absence of legal impediment with regard to compliance with Federal regulations for the transportation of waste in or through the affected State and adjoining States.\n\n(8) Plans, procedures, and capabilities for response to radioactive waste transportation accidents in the affected State that are completed or being developed.\n\n(9) A regional meteorological history indicating that significant transportation disruptions would not be routine seasonal occurrences.\n\n(c)  Potentially adverse conditions.  (1) Access routes to existing local highways and railroads that are expensive to construct relative to comparable siting options.\n\n(2) Terrain between the site and existing local highways and railroads such that steep grades, sharp switchbacks, rivers, lakes, landslides, rock slides, or potential sources of hazard to incoming waste shipments will be encountered along access routes to the site.\n\n(3) Existing local highways and railroads that could require significant reconstruction or upgrading to provide adequate routes to the regional and national transportation system.\n\n(4) Any local condition that could cause the transportation-related costs, environmental impacts, or risk to public health and safety from waste transportation operations to be significantly greater than those projected for other comparable siting options."], ["10:10:5.0.2.5.43.4.20.8", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-5 Environmental quality.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that (1) the quality of the environment in the affected area during this and future generations will be adequately protected during repository siting, construction, operation, closure, and decommissioning, and projected environmental impacts in the affected area can be mitigated to an acceptable degree, taking into account programmatic, technical, social, economic, and environmental factors; and (2) the requirements specified in \u00a7 960.5-1(a)(2) can be met.\n\n(b)  Favorable conditions.  (1) Projected ability to meet, within time constraints, all Federal, State, and local procedural and substantive environmental requirements applicable to the site and the activities proposed to take place thereon.\n\n(2) Potential significant adverse environmental impacts to present and future generations can be mitigated to an insignificant level through the application of reasonable measures, taking into account programmatic, technical, social, economic, and environmental factors.\n\n(c)  Potentially adverse conditions.  (1) Projected major conflict with applicable Federal, State, or local environmental requirements.\n\n(2) Projected significant adverse environmental impacts that cannot be avoided or mitigated.\n\n(3) Proximity to, or projected significant adverse environmental impacts of the repository or its support facilities on, a component of the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Wilderness Preservation System, or National Forest Land.\n\n(4) Proximity to, and projected significant adverse environmental impacts of the repository or its support facilities on, a significant State or regional protected resource area, such as a State park, a wildlife area, or a historical area.\n\n(5) Proximity to, and projected significant adverse environmental impacts of the repository and its support facilities on, a significant Native American resource, such as a major Indian religious site, or other sites of unique cultural interest.\n\n(6) Presence of critical habitats for threatened or endangered species that may be compromised by the repository or its support facilities.\n\n(d)  Disqualifying conditions.  Any of the following conditions shall  disqualify  a site:\n\n(1) During repository siting, construction, operation, closure, or decommissioning the quality of the environment in the affected area could not be adequately protected or projected environmental impacts in the affected area could not be mitigated to an acceptable degree, taking into account programmatic, technical, social, economic, and environmental factors.\n\n(2) Any part of the restricted area or repository support facilities would be located within the boundaries of a component of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, or the National Wild and Scenic Rivers System.\n\n(3) The presence of the restricted area or the repository support facilities would conflict irreconcilably with the previously designated resource-preservation use of a component of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or National Forest Lands, or any comparably significant State protected resource that was dedicated to resource preservation at the time of the enactment of the Act."], ["10:10:5.0.2.5.43.4.20.9", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-6 Socioeconomic impacts.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that (1) any significant adverse social and/or economic impacts induced in communities and surrounding regions by repository siting, construction, operation, closure, and decommissioning can be offset by reasonable mitigation or compensation, as determined by a process of analysis, planning, and consultation among the DOE, affected State and local government jurisdictions, and affected Indian tribes; and (2) the requirements specified in \u00a7 960.5-1(a)(2) can be met.\n\n(b)  Favorable conditions.  (1) Ability of an affected area to absorb the project-related population changes without significant disruptions of community services and without significant impacts on housing supply and demand.\n\n(2) Availability of an adequate labor force in the affected area.\n\n(3) Projected net increases in employment and business sales, improved community services, and increased government revenues in the affected area.\n\n(4) No projected substantial disruption of primary sectors of the economy of the affected area.\n\n(c)  Potentially adverse conditions.  (1) Potential for significant repository-related impacts on community services, housing supply and demand, and the finances of State and local government agencies in the affected area.\n\n(2) Lack of an adequate labor force in the affected area.\n\n(3) Need for repository-related purchase or acquisition of water rights, if such rights could have significant adverse impacts on the present or future development of the affected area.\n\n(4) Potential for major disruptions of primary sectors of the economy of the affected area.\n\n(d)  Disqualifying condition.  A site shall be disqualified if repository construction, operation, or closure would significantly degrade the quality, or significantly reduce the quantity, of water from major sources of offsite supplies presently suitable for human consumption or crop irrigation and such impacts cannot be compensated for, or mitigated by, reasonable measures."], ["10:10:5.0.2.5.43.4.21.11", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-8 Surface characteristics.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that, considering the surface characteristics and conditions of the site and surrounding area, including surface-water systems and the terrain, the requirements specified in \u00a7 960.5-1(a)(3) can be met during repository siting, construction, operation, and closure.\n\n(b)  Favorable conditions.  (1) Generally flat terrain.\n\n(2) Generally well-drained terrain.\n\n(c)  Potentially adverse condition.  Surface characteristics that could lead to the flooding of surface or underground facilities by the occupancy and modification of flood plains, the failure of existing or planned man-made surface-water impoundments, or the failure of engineered components of the repository."], ["10:10:5.0.2.5.43.4.21.12", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-9 Rock characteristics.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that (1) the thickness and lateral extent and the characteristics and composition of the host rock will be suitable for accommodation of the underground facility; (2) repository construction, operation, and closure will not cause undue hazard to personnel; and (3) the requirements specified in \u00a7 960.5-1(a)(3) can be met.\n\n(b)  Favorable conditions.  (1) A host rock that is sufficiently thick and laterally extensive to allow significant flexibility in selecting the depth, configuration, and location of the underground facility.\n\n(2) A host rock with characteristics that would require minimal or no artificial support for underground openings to ensure safe repository construction, operation, and closure.\n\n(c)  Potentially adverse conditions.  (1) A host rock that is suitable for repository construction, operation, and closure, but is so thin or laterally restricted that little flexibility is available for selecting the depth, configuration, or location of an underground facility.\n\n(2) In situ characteristics and conditions that could require engineering measures beyond reasonably available technology in the construction of the shafts and underground facility.\n\n(3) Geomechanical properties that could necessitate extensive maintenance of the underground openings during repository operation and closure.\n\n(4) Potential for such phenomena as thermally induced fracturing, the hydration and dehydration of mineral components, or other physical, chemical, or radiation-related phenomena that could lead to safety hazards or difficulty in retrieval during repository operation.\n\n(5) Existing faults, shear zones, pressurized brine pockets, dissolution effects, or other stratigraphic or structural features that could compromise the safety of repository personnel because of water inflow or construction problems.\n\n(d)  Disqualifying condition.  The site shall be  disqualified  if the rock characteristics are such that the activities associated with repository construction, operation, or closure are predicted to cause significant risk to the health and safety of personnel, taking into account mitigating measures that use reasonably available technology."], ["10:10:5.0.2.5.43.4.21.13", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-10 Hydrology.", "DOE", "", "", "", "(a)  Qualifying condition.  The site shall be located such that the geohydrologic setting of the site will (1) be compatible with the activities required for repository construction, operation, and closure; (2) not compromise the intended functions of the shaft liners and seals; and (3) permit the requirements specified in \u00a7 960.5-1(a)(3) to be met.\n\n(b)  Favorable conditions.  (1) Absence of aquifers between the host rock and the land surface.\n\n(2) Absence of surface-water systems that could potentially cause flooding of the repository.\n\n(3) Availability of the water required for repository construction, operation, and closure.\n\n(c)  Potentially adverse condition.  Ground-water conditions that could require complex engineering measures that are beyond reasonably available technology for repository construction, operation, and closure.\n\n(d)  Disqualifying condition.  A site shall be disqualified if, based on expected ground-water conditions, it is likely that engineering measures that are beyond reasonably available technology will be required for exploratory-shaft construction or for repository construction, operation, or closure."], ["10:10:5.0.2.5.43.4.21.14", 10, "Energy", "III", "", "960", "PART 960\u2014GENERAL GUIDELINES FOR THE PRELIMINARY SCREENING OF POTENTIAL SITES FOR A NUCLEAR WASTE REPOSITORY", "D", "Subpart D\u2014Preclosure Guidelines", "", "\u00a7 960.5-2-11 Tectonics.", "DOE", "", "", "", "(a)  Qualifying Conditions.  The site shall be located in a geologic setting in which any projected effects of expected tectonic phenomena or igneous activity on repository construction, operation, or closure will be such that the requirements specified in \u00a7 960.5-1(a)(3) can be met.\n\n(b)  Favorable Condition.  The nature and rates of faulting, if any, within the geologic setting are such that the magnitude and intensity of the associated seismicity are significantly less than those generally allowable for the construction and operation of nuclear facilities.\n\n(c)  Potentially Adverse Conditions.  (1) Evidence of active faulting within the geologic setting.\n\n(2) Historical earthquakes or past man-induced seismicity that, if either were to recur, could produce ground motion at the site in excess of reasonable design limits.\n\n(3) Evidence, based on correlations of earthquakes with tectonic processes and features, (e.g., faults) within the geologic setting, that the magnitude of earthquakes at the site during repository construction, operation, and closure may be larger then predicted from historical seismicity.\n\n(d)  Disqualifying Condition.  A site shall be disqualified if, based on the expected nature and rates of fault movement or other ground motion, it is likely that engineering measures that are beyond reasonably available technology will be required for exploratory-shaft construction or for repository construction, operation, or closure."], ["15:15:4.1.2.4.19.1.17.1", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "A", "Subpart A\u2014General", "", "\u00a7 960.1 Purpose.", "NOAA", "", "", "", "(a) The regulations in this part implement the Secretary's authority to license the operation of private remote sensing space systems under the Land Remote Sensing Policy Act of 1992, as amended, codified at 51 U.S.C. 60101  et seq.,  and are intended to promote continued U.S. private sector innovation and leadership in the global remote sensing industry.\n\n(b) In carrying out this part, the Secretary takes into account the following considerations:\n\n(1) Technological changes in remote sensing;\n\n(2) Non-technological changes in the remote sensing space industry, such as to business models and practices;\n\n(3) The relative burden to licensees and benefits to national security and international policies of license conditions;\n\n(4) Changes in the methods to mitigate risks to national security and international policies;\n\n(5) International obligations of the United States;\n\n(6) The availability of data from sources in other nations;\n\n(7) The remote sensing regulatory environment in other nations; and\n\n(8) The potential for overlapping regulatory burdens imposed by other U.S. Government agencies."], ["15:15:4.1.2.4.19.1.17.2", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "A", "Subpart A\u2014General", "", "\u00a7 960.2 Jurisdiction.", "NOAA", "", "", "", "(a) The regulations in this part set forth the requirements for the operation of private remote sensing space systems within the United States or by a U.S. person.\n\n(b) Instruments used primarily for mission assurance or other technical purposes, including but not limited to navigation, attitude control, monitoring spacecraft health, separation events, or payload deployments, such as traditional star trackers, sun sensors, and horizon sensors, shall not be subject to this part.\n\n(c) In the case of a system that is used for remote sensing and other purposes, as determined by the Secretary, the scope of the license issued under this part will not extend to the operation of instruments that do not support remote sensing.\n\n(d) The Secretary does not authorize the use of spectrum for radio communications by a private remote sensing space system."], ["15:15:4.1.2.4.19.1.17.3", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "A", "Subpart A\u2014General", "", "\u00a7 960.3 Applicability to existing licenses.", "NOAA", "", "", "", "(a) After reviewing each license existing prior to July 20, 2020, on July 20, 2020, the Secretary will either:\n\n(1) Replace the existing license with one developed in accordance with this part, retaining any applicable waivers and modifications; or\n\n(2) If the Secretary determines that an existing licensee no longer requires a license under this part the Secretary will notify the existing licensee that the license is terminated.\n\n(b) The replacement license or termination determination will be effective 30 days after delivery by the Secretary to existing licensees. Existing licensees who object to their existing license being replaced or terminated must notify the Secretary in writing within those 30 days, and specify their objection in the notification."], ["15:15:4.1.2.4.19.1.17.4", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "A", "Subpart A\u2014General", "", "\u00a7 960.4 Definitions.", "NOAA", "", "", "", "For purposes of this part, the following terms have the following meanings:\n\nAct  means the Land Remote Sensing Policy Act of 1992, as amended, codified at 51 U.S.C. 60101,  et seq.\n\nAnomaly  means an unexpected event or abnormal characteristic affecting the operations of a system that could indicate a significant technical malfunction or security threat. Anomalies include any significant deviation from the orbit and data collection characteristics of the system.\n\nAppellant  means a person to whom the Secretary has certified an appeal request.\n\nApplicant  means a person who submits an application to operate a private remote sensing space system.\n\nApplication  means a document submitted by a person to the Secretary that contains all the information described in appendix A of this part.\n\nAvailable  means readily and consistently obtainable by an entity or individual other than the U.S. Government or a foreign government.\n\nGround sample distance  or  GSD  refers to the common measurement for describing the spatial resolution of unenhanced data created from most remote sensing instruments, typically measured in meters. A resolution \u201cfiner than\u201d X meters GSD means the resolution is a number lower than X. For example, 5 meters GSD is finer than 10 meters GSD.\n\nIn writing  or  written  means written communication, physically or electronically signed (if applicable), transmitted via email, forms submitted on the Secretary's website, or traditional mail.\n\nLicense  means a license granted by the Secretary under the Act.\n\nLicensee  means a person to whom the Secretary has granted a license under the Act.\n\nMaterial fact  means a fact an applicant provides in the application, or a fact in Parts C or D of a license.\n\nMemorandum of Understanding  or  MOU  means the April 25, 2017 version of the \u201cMemorandum of Understanding Among the Departments of Commerce, State, Defense, and Interior, and the Office of the Director of National Intelligence, Concerning the Licensing and Operations of Private Remote Sensing Satellite Systems,\u201d which is included as appendix D of this part. In the event that any provisions of the MOU conflict with this part, this part shall govern.\n\nModification  means any change in the text of a license after issuance.\n\nOperate  means to have decision-making authority over the functioning of a remote sensing instrument. If there are multiple entities involved, the entity with the ultimate ability to decide what unenhanced data to collect with the instrument and to execute that decision, directly or through a legal arrangement with a third party such as a ground station or platform owner, is considered to be operating that system.\n\nPerson  or  private sector party  means any entity or individual other than agencies or instrumentalities of the U.S. Government.\n\nPrivate remote sensing space system  or  system  means an instrument that is capable of conducting remote sensing and which is not owned by an agency or instrumentality of the U.S. Government. A system must contain a remote sensing instrument and all additional components that support operating the remote sensing instrument, receipt of unenhanced data, and data preprocessing, regardless of whether the component is owned or managed by the applicant or licensee, or by a third party through a legal arrangement with the applicant or licensee.\n\nRemote sensing  means the collection of unenhanced data by an instrument in orbit of the Earth which can be processed into imagery of surface features of the Earth.\n\nSecretary  means the Secretary of Commerce, or his or her designee.\n\nSignificant or substantial foreign agreement  means a contract or legal arrangement with a foreign national, entity, or consortium involving foreign nations or entities, only if executing such contract or arrangement would require a license modification under \u00a7 960.13.\n\nSubsidiary or affiliate  means a person who directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with, the applicant or licensee.\n\nSubstantially the same  means that one item is a market substitute for another, taking into account all applicable factors. When comparing data, factors include but are not limited to the data's spatial resolution, spectral bandwidth, number of imaging bands, temporal resolution, persistence of imaging, local time of imaging, geographic or other restrictions imposed by foreign governments, and all applicable technical system factors listed in the application in appendix A of this part.\n\nUnenhanced data  means the output from a remote sensing instrument, including imagery products, which is either unprocessed or preprocessed. Preprocessing includes rectification of system and sensor distortions in data as it is received directly from the instrument in preparation for delivery to a user, registration of such data with respect to features of the Earth, and calibration of spectral response with respect to such data, but does not include conclusions, manipulations, or calculations derived from such data, or a combination of such data with other data.\n\nU.S. person  means:\n\n(1) Any individual who is a citizen or lawful permanent resident of the United States; and\n\n(2) Any corporation, partnership, joint venture, association, or other entity organized or existing under the laws of the United States or any State, the District of Columbia, Puerto Rico, American Samoa, the United States Virgin Islands, Guam, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.\n\nWaiver  means any change from the standard license text in \u00a7 960.8, \u00a7 960.9, or \u00a7 960.10, which change is included in a license upon license issuance, in response to a request by the applicant pursuant to \u00a7 960.12."], ["15:15:4.1.2.4.19.2.17.1", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "B", "Subpart B\u2014License Application Submission and Categorization", "", "\u00a7 960.5 Application submission.", "NOAA", "", "", "", "(a) Before submitting an application, a person may consult informally with the Secretary to discuss matters under this part, including whether a license is likely to be required for a system.\n\n(b) A person may submit an application for a license in accordance with the specific instructions found in appendix B of this part. The application must contain fully accurate and responsive information, as described in appendix A of this part. Responses an applicant provides to each prompt in the application constitute material facts.\n\n(c) Within seven days of the submission, the Secretary shall determine, after consultation with the Secretaries of Defense and State, whether the submission is a complete application meeting the requirements of appendix A of this part. If the submission is a complete application, the Secretary shall immediately notify the applicant in writing. If the submission is not a complete application, the Secretary shall inform the applicant in writing of what additional information or clarification is required to complete the application.\n\n(d) If any information the applicant submitted becomes inaccurate or incomplete at any time after submission to the Secretary but before license grant or denial, the applicant must contact the Secretary and submit correct and updated information as instructed by the Secretary. The Secretary will determine whether the change is significant. If the Secretary determines that the change is significant, the Secretary will notify the applicant within seven days of receipt of the correct and updated information that the revision constitutes a new application submission under paragraph (b) of this section, and that the previous application is deemed to have been withdrawn.\n\n(e) Upon request by the applicant, the Secretary shall provide an update on the status of their application review."], ["15:15:4.1.2.4.19.2.17.2", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "B", "Subpart B\u2014License Application Submission and Categorization", "", "\u00a7 960.6 Application categorization.", "NOAA", "", "", "", "(a) Within seven days of the Secretary's notification to the applicant under \u00a7 960.5(c) that the application is complete, the Secretary shall determine, after consultation with the Secretaries of Defense and State as appropriate, the category for the system as follows:\n\n(1) If the application proposes a system with the capability to collect unenhanced data substantially the same as unenhanced data already available from entities or individuals not licensed under this part, such as foreign entities, the Secretary shall categorize the application as Tier 1;\n\n(2) If the application proposes a system with the capability to collect unenhanced data substantially the same as unenhanced data already available, but only from entities or individuals licensed under this part, the Secretary shall categorize the application as Tier 2; and\n\n(3) If the application proposes a system with the capability to collect unenhanced data not substantially the same as unenhanced data already available from any domestic or foreign entity or individual, the Secretary shall categorize the application as Tier 3.\n\n(b) If the Secretary of Defense or State disagrees with the Secretary's determination in paragraph (a) of this section, the Secretary of Defense or State may notify the Secretary and request the Secretary's reconsideration. Such a request for reconsideration may not be delegated below the Assistant Secretary level. If the Secretary of Defense or State disagrees with the Secretary's reconsideration decision, the Secretary of Defense or State may appeal that tier categorization pursuant to the interagency dispute resolution procedures in Section IV(B) of the MOU, but only at the Advisory Committee on Private Remote Sensing Space Systems level or higher. The Secretary shall categorize the system in accordance with the decision resulting from such MOU procedures.\n\n(c) The system shall remain in the tier assigned to it under paragraph (a) in this section until such time as the Secretary determines, after consultation with the Secretaries of Defense and State as appropriate, that the system belongs in a lower-numbered tier due to the advancement of non-U.S. commercial remote sensing capabilities or due to other facts, or until the Secretary grants the licensee's request for a license modification that results in re-categorization under \u00a7 960.13. When the Secretary determines that a lower-numbered tier is appropriate due to reasons other than a modification under \u00a7 960.13, the Secretary will notify the applicant or licensee in writing that the system falls under a lower-numbered tier than the one previously assigned under this section. Upon receiving that notification, the applicant or licensee will be responsible for complying only with the license conditions applicable to the new tier."], ["15:15:4.1.2.4.19.3.17.1", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.7 License grant or denial.", "NOAA", "", "", "", "(a) Based on the Secretary's review of the application, the Secretary must determine whether the applicant will comply with the requirements of the Act, this part, and the license. The Secretary will presume that the applicant will comply, unless the Secretary has specific, credible evidence to the contrary. If the Secretary determines that the applicant will comply, the Secretary shall grant the license.\n\n(b) The Secretary shall make the determination in paragraph (a) of this section within 60 days of the notification under \u00a7 960.5(c), and shall notify the applicant in writing whether the license is granted or denied.\n\n(c) If the Secretary has not notified the applicant whether the license is granted or denied within 60 days, the applicant may submit a request that the license be granted. Within three days of this request, the Secretary shall grant the license, unless the Secretary determines with specific, credible evidence that the applicant will not comply with the requirements of the Act, this part, or the license, in which case the Secretary will deny the license, or the Secretary and the applicant mutually agree to extend this review period."], ["15:15:4.1.2.4.19.3.17.2", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.8 Standard license conditions for all tiers.", "NOAA", "", "", "", "All licenses granted under this part shall specify that the licensee shall:\n\n(a) Comply with the Act, this part, the license, applicable domestic legal obligations, and the international obligations of the United States;\n\n(b) Operate the system in such manner as to preserve the national security of the United States and to observe international obligations and policies, as articulated in the other conditions included in this license;\n\n(c) Upon request, offer to the government of any country (including the United States) unenhanced data collected by the system concerning the territory under the jurisdiction of such government without delay and on reasonable terms and conditions, unless doing so would be prohibited by law or license conditions;\n\n(d) Upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the President;\n\n(e) Notify the Secretary in writing of each of the following events, no later than seven days after the event:\n\n(1) The launch and deployment of each system component, to include confirmation that the component matches the orbital parameters and data collection characteristics of the system, as described in Part D of the license;\n\n(2) Each disposal of an on-orbit component of the system;\n\n(3) The detection of an anomaly; and\n\n(4) The licensee's financial insolvency or dissolution;\n\n(f) Request and receive approval for a license modification before taking any action that would change a material fact in the license;\n\n(g) Certify that all material facts in the license remain accurate pursuant to the procedures in \u00a7 960.14 no later than October 15th of each year;\n\n(h) Cooperate with compliance, monitoring, and enforcement authorities described in the Act and this part, and permit the Secretary to access, at all reasonable times and with no shorter notice than 48 hours, any component of the system for the purpose of ensuring compliance with the Act, this part, and the license; and\n\n(i) Refrain from disseminating unenhanced data, or processed data or products derived from the licensee's system, of the State of Israel at a resolution finer than the resolution most recently specified by the Secretary in the  Federal Register  as being available from commercial sources."], ["15:15:4.1.2.4.19.3.17.3", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.9 Additional standard license conditions for Tier 2 systems.", "NOAA", "", "", "", "If the Secretary has categorized the system as Tier 2 under \u00a7 960.6, the license shall specify that the licensee shall comply with the conditions listed in \u00a7 960.8 and further shall comply with the following conditions until the Secretary notifies the licensee that the system belongs in a lower-numbered tier:\n\n(a) Comply with limited-operations directives issued by the Secretary, in accordance with a determination made by the Secretary of Defense or the Secretary of State pursuant to the procedures in Section IV(D) of the MOU, that require licensees to temporarily limit data collection and/or dissemination during periods of increased concerns for national security and where necessary to meet international obligation or foreign policy interests; and:\n\n(1) Be able to comply with limited-operations directives at all times. This includes:\n\n(i) The ability to implement National Institute of Standards and Technology-approved encryption, in accordance with the manufacturer's security policy, wherein the key length is at least 256 bits, for communications to and from the on-orbit components of the system related to tracking, telemetry, and control and for transmissions throughout the system of the data specified in the limited-operations directive; and\n\n(ii) Implementing measures, consistent with industry best practice for entities of similar size and business operations, that prevent unauthorized access to the system and identify any unauthorized access in the event of a limited-operations directive;\n\n(2) Provide and continually update the Secretary with a point of contact and an alternate point of contact for limited-operations directives; and\n\n(3) During any such limited-operations directive, permit the Secretary to immediately access any component of the system for the purpose of ensuring compliance with the limited-operations directive, the Act, this part, and the license.\n\n(b) Conduct resolved imaging of other artificial resident space objects (ARSO) orbiting the Earth only with the written consent of the registered owner of the ARSO to be imaged and with notification to the Secretary at least five days prior to imaging. For purposes of this paragraph (b), \u201cresolved imaging\u201d means the imaging of another ARSO that results in data depicting the ARSO with a resolution of 3 x 3 pixels or greater."], ["15:15:4.1.2.4.19.3.17.4", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.10 Additional standard and temporary license conditions for Tier 3 systems.", "NOAA", "", "", "", "(a) If the Secretary has categorized the system as Tier 3 under \u00a7 960.6, the license shall specify that the licensee shall comply with the conditions listed in \u00a7 960.8 and further shall comply with the following conditions until the Secretary notifies the licensee that the system belongs in a lower-numbered tier for which the following conditions are not required:\n\n(1) Comply with limited-operations directives issued by the Secretary, in accordance with a determination made by the Secretary of Defense or the Secretary of State pursuant to the procedures in Section IV(D) of the MOU, that require licensees to temporarily limit data collection and/or dissemination during periods of increased concerns for national security and where necessary to meet international obligations or foreign policy interests; and:\n\n(i) Be able to comply with limited-operations directives at all times. This includes:\n\n(A) The ability to implement National Institute of Standards and Technology-approved encryption, in accordance with the manufacturer's security policy, wherein the key length is at least 256 bits, for communications to and from the on-orbit components of the system related to tracking, telemetry, and control and for transmissions throughout the system of the data specified in the limited-operations directive; and\n\n(B) Implementing measures, consistent with industry best practice for entities of similar size and business operations, that prevent unauthorized access to the system and identify any unauthorized access in the event of a limited-operations directive;\n\n(ii) Provide and continually update the Secretary with a point of contact and an alternate point of contact for limited-operations directives; and\n\n(iii) During any such limited-operations directive, permit the Secretary to immediately access any component of the system for the purpose of ensuring compliance with the limited-operations directive, the Act, this part, and the license.\n\n(2) Conduct resolved imaging of other artificial resident space objects (ARSO) orbiting the Earth only with the written consent of the registered owner of the ARSO to be imaged and with notification to the Secretary at least five days prior to imaging, or as may otherwise be provided in a temporary license condition developed under paragraphs (b) and (c) of this section. For purposes of this paragraph (a)(2), \u201cresolved imaging\u201d means the imaging of another ARSO that results in data depicting the ARSO with a resolution of 3 x 3 pixels or greater.\n\n(3) Comply with any temporary license conditions developed in accordance with paragraphs (b) and (c) of this section until their specified expiration date, including any extensions of the expiration date.\n\n(b) To determine whether additional temporary license conditions are necessary, the Secretary shall notify the Secretaries of Defense and State of any system categorized as Tier 3 under \u00a7 960.6. The Secretaries of Defense and State shall determine whether any temporary license conditions are necessary (in addition to the standard license conditions in \u00a7 960.8) to meet national security concerns or international obligations and policies of the United States regarding that system. Within 21 days of receiving the notification, the Secretary of Defense or State shall notify the Secretary of any such conditions and the length of time such conditions should remain in place, which shall not exceed one year from the earlier of either when the licensee first delivers unenhanced data suitable for evaluating the system's capabilities to the Secretary (under reasonable terms and conditions or other mutually agreed arrangement with the Secretary of Defense or State), or when the Secretary of Defense or State first obtains comparably suitable data from another source, unless the length of such condition is extended in accordance with paragraph (e) of this section.\n\n(c) The Secretary shall review the notification from the Secretary of Defense or State under paragraph (b) of this section and aim to craft the least restrictive temporary license condition(s) possible, before the expiration of the 60-day application review period under \u00a7 960.7(b). In crafting such conditions the Secretary shall consult, as appropriate, with the Secretaries of Defense and State and the applicant or licensee, to determine whether the proposed condition would be consistent with applicable laws. In making this determination, the Secretary shall consider whether:\n\n(1) The risk addressed by the proposed condition is specific and compelling;\n\n(2) The proposed condition would be effective against the risk;\n\n(3) The proposed condition addresses only the data proposed to be collected that are not available from any domestic or foreign source;\n\n(4) The U.S. Government cannot currently mitigate the risk without the proposed condition;\n\n(5) The U.S. Government cannot address the risk by some less restrictive means than the proposed condition; and\n\n(6) The applicant or licensee can mitigate the risk by taking alternative action.\n\n(d) When considering the factors under paragraphs (c)(1) through (6) of this section, the Secretary shall accept as final the determinations made by the Secretary of Defense or State as appropriate, in such Secretary's notification to the Secretary of the need for such conditions. If the Secretary determines that a condition proposed by the Secretary of Defense or State would be consistent with applicable law, the Secretary shall include such condition in the license, absent any elevation of a dispute under paragraph (f) of this section.\n\n(e) The Secretary will notify the Secretaries of Defense and State 90 days before the expiration of a temporary condition imposed under this section. If, within 30 days after such notification, either the Secretary of Defense or State notifies the Secretary that an extension is needed, the Secretary shall consult with the Secretary of Defense or State about the ongoing need for the temporary condition. The Secretary may extend the expiration date of the temporary condition for a maximum of one year, and may extend the condition no more than two times unless requested by the Secretary of Defense or State. The authority to request such additional extensions shall not be delegated by the Secretary of Defense or State. Therefore, absent a request specifically from the Secretary of Defense or State, any temporary condition may exist for no more than a total of three years. The Secretary shall grant an extension if the Secretary determines that:\n\n(1) The Secretary requesting the extension has shown that the considerations in paragraph (c) of this section justify an extension; and\n\n(2) The Secretary has notified the affected licensee no less than 60 days before the expiration of the temporary condition that an extension is being sought.\n\n(f) If, at any point during the procedures in this section, the Secretary, the Secretary of Defense, or the Secretary of State objects to any determination, they may elevate the objection pursuant to the interagency dispute resolution procedures in Section IV(B) of the MOU."], ["15:15:4.1.2.4.19.3.17.5", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.11 No additional conditions.", "NOAA", "", "", "", "No other conditions shall be included in a license granted under this part, or imposed in such a license after the license has been issued, except in accordance with the provisions of \u00a7 960.13 or \u00a7 960.17."], ["15:15:4.1.2.4.19.3.17.6", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.12 Applicant-requested waiver before license issuance.", "NOAA", "", "", "", "As part of the application, the applicant may request that any condition listed in \u00a7 960.8, \u00a7 960.9, or \u00a7 960.10 be waived or adjusted. The Secretary may approve the request to waive or adjust any such condition if the Secretary determines, after consultation with the Secretaries of Defense and State as appropriate, that the Secretary may waive or adjust the condition without violating the Act or other law, and:\n\n(a) The requirement is not applicable due to the nature of the applicant or the proposed system;\n\n(b) The applicant will achieve the goal in a different way; or\n\n(c) There is other good cause to waive or adjust the condition."], ["15:15:4.1.2.4.19.3.17.7", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.13 Licensee-requested modification after license issuance.", "NOAA", "", "", "", "(a) The licensee may request in writing that the Secretary modify the license after the license is issued. Such requests should include the reason for the request and relevant supporting documentation.\n\n(b) If the Secretary determines that the requested modification of a license would result in its re-categorization from Tier 1 to Tier 2 under \u00a7 960.6, the Secretary shall notify the licensee that approval would require issuance of the conditions in \u00a7 960.9, and provide the licensee an opportunity to withdraw or revise the request.\n\n(c) If the Secretary determines that the requested modification of a license would result in its re-categorization from Tier 1 or 2 to Tier 3 under \u00a7 960.6, the Secretary shall consult with the Secretaries of Defense or State, as appropriate, to determine whether approval of the request would require additional temporary conditions in accordance with the procedures in \u00a7 960.10. If so, the Secretary shall notify the licensee that approval would require such additional temporary conditions, and provide the licensee an opportunity to withdraw or revise the request.\n\n(d) The Secretary shall approve or deny a modification request after consultation with the Secretaries of Defense and State as appropriate, and shall inform the licensee of the approval or denial within 60 days of the request, unless the Secretary and the applicant mutually agree to extend this review period."], ["15:15:4.1.2.4.19.3.17.8", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.14 Routine compliance and monitoring.", "NOAA", "", "", "", "(a) Annually, by the date specified in the license, the licensee will certify in writing to the Secretary that each material fact in the license remains accurate.\n\n(b) If any material fact in the license is no longer accurate at the time the certification is due, the licensee must:\n\n(1) Provide all accurate material facts;\n\n(2) Explain the reason for any discrepancies between the terms in the license and the accurate material fact; and\n\n(3) Seek guidance from the Secretary on how to correct any errors, which may include requesting a license modification."], ["15:15:4.1.2.4.19.3.17.9", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "C", "Subpart C\u2014Application Review and License Conditions", "", "\u00a7 960.15 Term of license.", "NOAA", "", "", "", "(a) The license term begins when the Secretary transmits the signed license to the licensee, regardless of the operational status of the system.\n\n(b) The license is valid until the Secretary confirms in writing that the license is terminated, because the Secretary has determined that one of the following has occurred:\n\n(1) The licensee has successfully disposed of, or has taken all actions necessary to successfully dispose of, all on-orbit components of the system, and is in compliance with all other requirements of the Act, this part, and the license;\n\n(2) The licensee never had system components on orbit and has requested to end the license term;\n\n(3) The license is terminated pursuant to \u00a7 960.17; or\n\n(4) The licensee has executed one of the following transfers, subsequent to the Secretary's approval of such transfer:\n\n(i) Ownership of the system, or the operations thereof, to an agency or instrumentality of the U.S. Government; or\n\n(ii) Operations to a person who is not a U.S. person and who will not operate the system from the United States."], ["15:15:4.1.2.4.19.4.17.1", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "D", "Subpart D\u2014Prohibitions and Enforcement", "", "\u00a7 960.16 Prohibitions.", "NOAA", "", "", "", "Any person who operates a system from the United States and any person who is a U.S. person shall not, directly or through a subsidiary or affiliate:\n\n(a) Operate a system without a current, valid license for that system;\n\n(b) Violate the Act, this part, or any license condition;\n\n(c) Submit false information, interfere with, mislead, obstruct, or otherwise frustrate the Secretary's actions and responsibilities under this part in any form at any time, including in the application, during application review, during the license term, in any compliance and monitoring activities, or in enforcement activities; or\n\n(d) Fail to obtain approval for a license modification before taking any action that would change a material fact in the license."], ["15:15:4.1.2.4.19.4.17.2", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "D", "Subpart D\u2014Prohibitions and Enforcement", "", "\u00a7 960.17 Investigations and enforcement.", "NOAA", "", "", "", "(a) The Secretary may investigate, provide penalties for noncompliance, and prevent future noncompliance, by using the authorities specified at 51 U.S.C. 60123(a).\n\n(b) When the Secretary undertakes administrative enforcement proceedings as authorized by 51 U.S.C. 60123(a)(3) and (4), the parties will follow the procedures provided at 15 CFR part 904."], ["15:15:4.1.2.4.19.5.17.1", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "E", "Subpart E\u2014Appeals Regarding Licensing Decisions", "", "\u00a7 960.18 Grounds for adjudication by the Secretary.", "NOAA", "", "", "", "(a) In accordance with the procedures in this subpart, a person may appeal the following adverse actions for adjudication by the Secretary:\n\n(1) The denial of a license;\n\n(2) The categorization of a system in a tier;\n\n(3) The failure to make a final determination on a license grant or denial or a licensee's modification request within the timelines provided in this part;\n\n(4) The imposition of a license condition;\n\n(5) The denial of a licensee-requested license modification; and\n\n(6) The replacement of an existing license with a license granted under \u00a7 960.3(a)(1) or termination of an existing license under \u00a7 960.3(a)(2).\n\n(b) The only acceptable grounds for appeal of the actions in paragraph (a) of this section are as follows:\n\n(1) The Secretary's action was arbitrary, capricious, or contrary to law; or\n\n(2) The action was based on a clear factual error.\n\n(c) No appeal is allowed to the extent that there is involved the conduct of military or foreign affairs functions."], ["15:15:4.1.2.4.19.5.17.2", 15, "Commerce and Foreign Trade", "IX", "D", "960", "PART 960\u2014LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS", "E", "Subpart E\u2014Appeals Regarding Licensing Decisions", "", "\u00a7 960.19 Administrative appeal procedures.", "NOAA", "", "", "", "(a) A person wishing to appeal an action specified at \u00a7 960.18(a) may do so within 21 days of the action by submitting a written request to the Secretary.\n\n(b) The request must include a detailed explanation of the reasons for the appeal, citing one of the grounds specified in \u00a7 960.18(b).\n\n(c) Upon receipt of a request under paragraph (a) of this section, the Secretary shall review the request to certify that it meets the requirements of this subpart and chapter 7 of title 5 of the United States Code. If it does, the Secretary shall coordinate with the appellant to schedule a hearing before a hearing officer designated by the Secretary. If the Secretary does not certify the request, the Secretary shall notify the person in writing that no appeal is allowed, and this notification shall constitute a final agency action.\n\n(d) The hearing shall be held in a timely manner. It shall provide the appellant and the Secretary an opportunity to present evidence and arguments.\n\n(e) Hearings may be closed to the public, and other actions taken as the Secretary deems necessary, to prevent the disclosure of any information required by law to be protected from disclosure.\n\n(f) At the close of the hearing, the hearing officer shall recommend a decision to the Secretary addressing all factual and legal arguments.\n\n(g) Based on the record of the hearing and the recommendation of the hearing officer, and after consultation, as appropriate, with the Secretaries of Defense and State in decisions implicating national security and international obligations and policy, respectively, the Secretary shall make a decision adopting, rejecting, or modifying the recommendation of the hearing officer. This decision constitutes a final agency action, and is subject to judicial review under chapter 7 of title 5 of the United States Code."], ["24:24:4.1.3.1.11.1.5.1", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "A", "Subpart A\u2014Applicability, Definitions, Equal Opportunity Requirements", "", "\u00a7 960.101 Applicability.", "HUD", "", "", "", "This part is applicable to public housing."], ["24:24:4.1.3.1.11.1.5.2", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "A", "Subpart A\u2014Applicability, Definitions, Equal Opportunity Requirements", "", "\u00a7 960.102 Definitions.", "HUD", "", "", "[65 FR 16724, Mar. 29, 2000, as amended at 66 FR 28799, May 24, 2001; 81 FR 12372, Mar. 8, 2016; 81 FR 80815, Nov. 16, 2016; 88 FR 9669, Feb. 14, 2023]", "(a) Definitions found elsewhere:\n\n(1)  General definitions.  The following terms are defined in 24 CFR part 5, subpart A: 1937 Act, drug, drug-related criminal activity, elderly person, federally assisted housing, guest, household, HUD, MSA, premises, public housing, public housing agency (PHA), Section 8, violent criminal activity.\n\n(2)  Definitions under the 1937 Act.  The following terms are defined in 24 CFR part 5, subpart D: annual contributions contract (ACC), applicant, elderly family, family, person with disabilities.\n\n(3)  Definitions and explanations concerning income and rent.  The following terms are defined or explained in 24 CFR part 5, subpart F (\u00a7 5.603): Annual income, economic self-sufficiency program, extremely low-income family, low-income family, tenant rent, total tenant payment, utility allowance.\n\n(b)  Additional definitions.  In addition to the definitions in paragraph (a), the following definitions and cross-references apply:\n\nAlternative non-public housing rent.  A monthly rent equal to the greater of\u2014\n\n(i) The applicable fair market rent, as defined in 24 CFR part 888, subpart A, for the unit; or\n\n(ii) The amount of the monthly subsidy provided for the unit, which will be determined by adding the per unit assistance provided to a public housing property as calculated through the applicable formulas for the Public Housing Capital Fund and Public Housing Operating Fund.\n\n(A) For the Public Housing Capital Fund, the amount of Capital Funds provided to the unit will be calculated as the per unit Capital Fund assistance provided to a PHA for the development in which the family resides for the most recent funding year for which Capital Funds have been allocated;\n\n(B) For the Public Housing Operating Fund, the amount of Operating Funds provided to the unit will be calculated as the per unit amount provided to the public housing project where the unit is located for the most recent funding year for which a final funding obligation determination has been made;\n\n(C) HUD will publish such funding amounts no later than December 31 each year.\n\nCeiling rent.  See \u00a7 960.253(d).\n\nCovered housing provider.  For HUD's public housing program, \u201ccovered housing provider,\u201d as such term is in used HUD's regulations at 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), is the PHA.\n\nCovered person.  For purposes of this part, covered person means a tenant, any member of the tenant's household, a guest or another person under the tenant's control.\n\nDesignated housing.  See part 945 of this chapter.\n\nDisabled families.  See \u00a7 5.403 of this title.\n\nEligible families.  Low income families who are eligible for admission to the public housing program.\n\nFlat rent.  See \u00a7 960.253(b).\n\nIncome-based rent.  See \u00a7 960.253(c).\n\nMixed population development.  A public housing development, or portion of a development, that was reserved for elderly and disabled families at its inception (and has retained that character). If the development was not so reserved at its inception, the PHA has obtained HUD approval to give preference in tenant selection for all units in the development (or portion of development) to elderly families and disabled families. These developments were formerly known as elderly projects.\n\nNon-public housing over-income family.  A family whose income exceeds the over-income limit for 24 consecutive months and is paying the alternative non-public housing rent. See subpart E of this part.\n\nOver-income family.  A family whose income exceeds the over-income limit. See subpart E of this part.\n\nOver-income limit.  The over-income limit is determined by multiplying the applicable income limit for a very low-income family, as defined in \u00a7 5.603(b) of this title, by a factor of 2.4. See \u00a7 960.507(b).\n\nPHA plan.  See part 903 of this chapter.\n\nResidency preference.  A preference for admission of persons who reside in a specified geographic area.\n\nTenant-based.  See \u00a7 982.1(b) of this chapter."], ["24:24:4.1.3.1.11.1.5.3", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "A", "Subpart A\u2014Applicability, Definitions, Equal Opportunity Requirements", "", "\u00a7 960.103 Equal opportunity requirements and protection for victims of domestic violence, dating violence, sexual assault, or stalking.", "HUD", "", "", "[65 FR 16724, Mar. 29, 2000, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016]", "(a)  Applicable requirements.  The PHA must administer its public housing program in accordance with all applicable equal opportunity requirements imposed by contract or federal law, including the authorities cited in \u00a7 5.105(a) of this title.\n\n(b)  PHA duty to affirmatively further fair housing.  The PHA must affirmatively further fair housing in the administration of its public housing program.\n\n(c)  Equal opportunity certification.  The PHA must submit signed equal opportunity certifications to HUD in accordance with \u00a7 903.7(o) of this title, including certification that the PHA will affirmatively further fair housing.\n\n(d)  Protection for victims of domestic violence, dating violence, sexual assault, or stalking.  The PHA must apply the requirements in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking)."], ["24:24:4.1.3.1.11.2.5.1", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.200 Purpose.", "HUD", "", "", "[66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016]", "(a) This subpart states HUD eligibility and selection requirements for admission to public housing.\n\n(b) See also related HUD regulations in this title concerning these subjects:\n\n(1) 1937 Act definitions: part 5, subpart D;\n\n(2) Restrictions on assistance to noncitizens: part 5, subpart E;\n\n(3) Family income and family payment: part 5, subpart F;\n\n(4) Public housing agency plans: part 903;\n\n(5) Rent and reexamination: part 960, subpart C;\n\n(6) Mixed population developments: part 960, subpart D;\n\n(7) Occupancy by over-income families or police officers: part 960, subpart E.\n\n(8) Protection for victims of domestic violence, dating violence, sexual assault, or stalking, 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking)."], ["24:24:4.1.3.1.11.2.5.2", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.201 Eligibility.", "HUD", "", "", "[66 FR 28799, May 24, 2001, as amended at 88 FR 9670, Feb. 14, 2023]", "(a)  Who is eligible?  (1)  Basic eligibility.  An applicant must meet all eligibility requirements in order to receive housing assistance. At a minimum, the applicant must be a family, as defined in \u00a7 5.403 of this title, must be income-eligible, as described in this section, and must meet the net asset and property ownership restriction requirements in \u00a7 5.618 of this title. Such eligible applicants include single persons.\n\n(2)  Low income limit.  No family other than a low income family is eligible for admission to a PHA's public housing program.\n\n(b)  Income used for eligibility and targeting.  Family annual income (see \u00a7 5.609) is used both for determination of income eligibility under paragraph (a) and for PHA income targeting under \u00a7 960.202\n\n(c)  Reporting.  The PHA must comply with HUD-prescribed reporting requirements that will permit HUD to maintain the data, as determined by HUD, necessary to monitor compliance with income eligibility and targeting requirement."], ["24:24:4.1.3.1.11.2.5.3", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.202 Tenant selection policies.", "HUD", "", "", "[66 FR 28799, May 24, 2001, as amended at 89 FR 38293, May 7, 2024]", "(a)  Selection policies, generally.  (1) The PHA shall establish and adopt written policies for admission of tenants.\n\n(2) These policies shall provide for and include the following:\n\n(i) Targeting admissions to extremely low income families as provided in paragraph (b) of this section.\n\n(ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903).\n\n(iii) Precluding admission of applicants whose habits and practices reasonably may be expected to have a detrimental effect on the residents or the project environment;\n\n(iv) Objective and reasonable policies for selection by the PHA among otherwise eligible applicants, including requirements for applications and waiting lists (see 24 CFR 1.4), and for verification and documentation of information relevant to acceptance or rejection of an applicant, including documentation and verification of citizenship and eligible immigration status under 24 CFR part 5; and\n\n(v) Policies of participant transfer between units, developments, and programs. For example, a PHA could adopt a criterion for voluntary transfer that the tenant had met all obligations under the current program, including payment of charges to the PHA.\n\n(b)  Targeting admissions to extremely low income families \u2014(1)  Targeting requirement.  (i) Not less than 40 percent of the families admitted to a PHA's public housing program during the PHA fiscal year from the PHA waiting list shall be extremely low income families. This is called the \u201cbasic targeting requirement.\u201d\n\n(ii) To the extent provided in paragraph (b)(2) of this section, admission of extremely low income families to the PHA's Section 8 voucher program during the same PHA fiscal year is credited against the basic targeting requirement.\n\n(iii) A PHA must comply with both the targeting requirement found in this part and the deconcentration requirements found in part 903 of this chapter.\n\n(2)  Credit for admissions to PHA voucher program.  (i) If admissions of extremely low income families to the PHA's voucher program during a PHA fiscal year exceeds the 75 percent minimum targeting requirement for the PHA's voucher program (see 24 CFR 982.201(b)(2)), such excess shall be credited (subject to the limitations in paragraph (b)(2)(ii) of this section) against the PHA's basic targeting requirement for the same fiscal year.\n\n(ii) The fiscal year credit for voucher program admissions that exceed the minimum voucher program targeting requirement shall not exceed the lower of:\n\n(A) Ten percent of public housing waiting list admissions during the PHA fiscal year;\n\n(B) Ten percent of waiting list admission to the PHA's Section 8 tenant-based assistance program during the PHA fiscal year; or\n\n(C) The number of qualifying low income families who commence occupancy during the fiscal year of PHA public housing units located in census tracts with a poverty rate of 30 percent or more. For this purpose, qualifying low income family means a low income family other than an extremely low income family.\n\n(c)  Priority for tenant-based and project-based voucher families displaced due to HQS non-compliance.  The PHA must adopt a preference for tenant-based and project-based families displaced due to HQS noncompliance in accordance with \u00a7 982.404(e)(2) and \u00a7 983.208(d)(6)(ii).\n\n(d)  Adoption and availability of tenant selection policies.  These selection policies shall:\n\n(1) Be duly adopted and implemented;\n\n(2) Be publicized by posting copies thereof in each office where applications are received and by furnishing copies to applicants or tenants upon request, free or at their expense, at the discretion of the PHA; and\n\n(3) Be consistent with the fair housing and equal opportunity provisions of \u00a7 5.105 of this title; and\n\n(4) Be submitted to the HUD field office upon request from that office."], ["24:24:4.1.3.1.11.2.5.4", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.203 Standards for PHA tenant selection criteria.", "HUD", "", "", "[66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016]", "(a) The tenant selection criteria to be established and information to be considered shall be reasonably related to individual attributes and behavior of an applicant and shall not be related to those which may be imputed to a particular group or category of persons of which an applicant may be a member. The PHA may use local preferences, as provided in \u00a7 960.206.\n\n(b) Under the Public Housing Assessment System (PHAS), PHAs that have adopted policies, implemented procedures and can document that they successfully screen out and deny admission to certain applicants with unfavorable criminal histories receive points. (See 24 CFR 902.43(a)(5).) This policy takes into account the importance of screening to public housing communities and program integrity, and the demand for assisted housing by families who will adhere to lease responsibilities.\n\n(c) In selection of families for admission to its public housing program, or to occupy a public housing development or unit, the PHA is responsible for screening family behavior and suitability for tenancy. The PHA may consider all relevant information, which may include, but is not limited to:\n\n(1) An applicant's past performance in meeting financial obligations, especially rent;\n\n(2) A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences which may adversely affect the health, safety or welfare of other tenants; and\n\n(3) A history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or welfare of other tenants. (See \u00a7 960.204.) With respect to criminal activity described in \u00a7 960.204:\n\n(i) The PHA may require an applicant to exclude a household member in order to be admitted to the housing program where that household member has participated in or been culpable for actions described in \u00a7 960.204 that warrants denial.\n\n(ii) The PHA may, where a statute requires that the PHA prohibit admission for a prescribed period of time after some disqualifying behavior or event, choose to continue that prohibition for a longer period of time.\n\n(4) PHA tenant selection criteria are subject to 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). In cases of requests for emergency transfers under VAWA, with the written consent of the victim of domestic violence, dating violence, sexual assault, or stalking, the receiving PHA may accept and use the prior covered housing provider's determination of eligibility and tenant screening and all related verification information, including form HUD 50058 (Family Report).\n\n(d) In the event of the receipt of unfavorable information with respect to an applicant, consideration shall be given to the time, nature, and extent of the applicant's conduct (including the seriousness of the offense).\n\n(1) In a manner consistent with the PHA's policies, procedures and practices referenced in paragraph (b) of this section, consideration may be given to factors which might indicate a reasonable probability of favorable future conduct. For example:\n\n(i) Evidence of rehabilitation; and\n\n(ii) Evidence of the applicant family's participation in or willingness to participate in social service or other appropriate counseling service programs and the availability of such programs;\n\n(2)  Consideration of rehabilitation.  (i) In determining whether to deny admission for illegal drug use or a pattern of illegal drug use by a household member who is no longer engaging in such use, or for abuse or a pattern of abuse of alcohol by a household member who is no longer engaging in such abuse, the PHA may consider whether such household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. 13661). For this purpose, the PHA may require the applicant to submit evidence of the household member's current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully.\n\n(ii) If rehabilitation is not an element of the eligibility determination (see \u00a7 960.204(a)(1)), the PHA may choose not to consider whether the person has been rehabilitated."], ["24:24:4.1.3.1.11.2.5.5", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.204 Denial of admission for criminal activity or drug abuse by household members.", "HUD", "", "", "", "(a)  Required denial of admission \u2014(1)  Persons evicted for drug-related criminal activity.  The PHA standards must prohibit admission of an applicant to the PHA's public housing program for three years from the date of the eviction if any household member has been evicted from federally assisted housing for drug-related criminal activity. However, the PHA may admit the household if the PHA determines:\n\n(i) The evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA; or\n\n(ii) The circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned).\n\n(2)  Persons engaging in illegal use of a drug.  The PHA must establish standards that prohibit admission of a household to the PHA's public housing program if:\n\n(i) The PHA determines that any household member is currently engaging in illegal use of a drug (For purposes of this section, a household member is \u201ccurrently engaged in\u201d the criminal activity if the person has engaged in the behavior recently enough to justify a reasonable belief that the behavior is current); or\n\n(ii) The PHA determines that it has reasonable cause to believe that a household member's illegal use or pattern of illegal use of a drug may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.\n\n(3)  Persons convicted of methamphetamine production.  The PHA must establish standards that permanently prohibit admission to the PHA's public housing program if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing.\n\n(4)  Persons subject to sex offender registration requirement.  The PHA must establish standards that prohibit admission to the PHA's public housing program if any member of the household is subject to a lifetime registration requirement under a State sex offender registration program. In the screening of applicants, the PHA must perform necessary criminal history background checks in the State where the housing is located and in other States where household members are known to have resided. (See part 5, subpart J of this title for provisions concerning access to sex offender registration records.)\n\n(b)  Persons that abuse or show a pattern of abuse of alcohol.  The PHA must establish standards that prohibit admission to the PHA's public housing program if the PHA determines that it has reasonable cause to believe that a household member's abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.\n\n(c)  Use of criminal records.  Before a PHA denies admission to the PHAs public housing program on the basis of a criminal record, the PHA must notify the household of the proposed action to be based on the information and must provide the subject of the record and the applicant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record. (See part 5, subpart J of this title for provisions concerning access to criminal records.)\n\n(d)  Cost of obtaining criminal record.  The PHA may not pass along to the applicant the costs of a criminal records check."], ["24:24:4.1.3.1.11.2.5.6", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.205 Drug use by applicants: Obtaining information from drug treatment facility.", "HUD", "", "", "", "(a)  Purpose.  This section addresses a PHA's authority to request and obtain information from drug abuse treatment facilities concerning applicants. This section does not apply to information requested or obtained from drug abuse treatment facilities other than under the authority of section 6(t).\n\n(b)  Additional terms  used in this section are as follows:\n\n(1)  Currently engaging in illegal use of a drug.  Illegal use of a drug occurred recently enough to justify a reasonable belief that there is continuing illegal drug use by a household member.\n\n(2)  Drug abuse treatment facility.  An entity:\n\n(i) That holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal drug use; and\n\n(ii) That is either an identified unit within a general care facility; or an entity other than a general medical care facility.\n\n(c)  Authorization by household member for PHA to receive information from a drug abuse treatment facility.  (1) The PHA may require each applicant to submit for all household members who are at least 18 years of age, and for each family head or spouse regardless of age, one or more consent forms signed by such household member that:\n\n(i) Requests any drug abuse treatment facility to inform the PHA only whether the drug abuse treatment facility has reasonable cause to believe that the household member is currently engaging in illegal drug use;\n\n(ii) Complies with the form of written consent required by 42 CFR 2.31; and\n\n(iii) Authorizes the PHA to receive such information from the drug abuse treatment facility, and to utilize such information in determining whether to prohibit admission of the household member to the PHA's public housing program in accordance with \u00a7 960.203. (See the Public Health Service Act, 42 U.S.C. 290dd-2, and implementing regulations at 42 CFR part 2, with respect to responsibilities of the drug abuse treatment facility.)\n\n(2) The consent form submitted for a proposed household member must expire automatically after the PHA has made a final decision to either approve or deny the admission of such person.\n\n(d)  PHA request for information from drug use treatment facility.  (1) The PHA may request that a drug abuse treatment facility disclose whether the drug abuse treatment facility has reasonable cause to believe that the proposed household member is currently engaging in the illegal use of a drug (as defined in \u00a7 5.100 of this title).\n\n(2) The PHA's request to the drug abuse treatment facility must include a copy of the consent form signed by the proposed household member.\n\n(3) A drug abuse treatment facility is not liable for damages based on any information required to be disclosed under this section if such disclosure is consistent with section 543 of the Public Health Service Act (42 U.S.C. 290dd-2).\n\n(4) The PHA is not obligated to request information from a drug treatment facility under this section, and is not liable for damages for failing to request or receive such information.\n\n(5) A drug abuse treatment facility may charge the PHA a reasonable fee for information provided under this section. The PHA may not pass along to the applicant or tenant the costs of obtaining this information.\n\n(e)  Prohibition of discriminatory treatment of applicants.  (1) A PHA may request information from a drug abuse treatment facility under paragraph (d) of this section only if the PHA has adopted and has consistently implemented either of the following policies, obtaining a signed consent form from the proposed household members:\n\n(i)  Policy A\u2014Request for all families.  Under Policy A, the PHA must submit a request for information to a drug abuse treatment facility in accordance with paragraph (d) of this section before admitting any family to the PHA's public housing program. For each such family, the request must be submitted for each proposed household member described in paragraph (c)(1) of this section.\n\n(ii)  Policy B\u2014Request for certain household members.  Under Policy B, the PHA must submit a request to a drug abuse treatment facility only with respect to each proposed household member:\n\n(A) Whose criminal record indicates prior arrest or conviction for any criminal activity that may be a basis for denial of admission under \u00a7 960.205; or\n\n(B) Whose prior tenancy records indicate that the proposed household member:\n\n(1) Engaged in the destruction of property;\n\n(2) Engaged in violent activity against another person; or\n\n(3) Interfered with the right of peaceful enjoyment of the premises of other residents.\n\n(4) The policy adopted by the PHA must be included in the PHA administrative plan and the PHA plan.\n\n(f)  Records management and confidentiality.  Each PHA that receives information from a drug abuse treatment facility under this section must establish and implement a system of records management that ensures that any information which the PHA receives from the drug abuse treatment facility about a person:\n\n(1) Is maintained confidentially in accordance with section 543 of the Public Health Service Act (12 U.S.C. 290dd-2);\n\n(2) Is not misused or improperly disseminated; and\n\n(3) Is destroyed, as applicable:\n\n(i) Not later than 5 business days after the PHA makes a final decision to admit the person as a household member under the PHA's public housing program; or\n\n(ii) If the PHA denies the admission of such person as a household member, in a timely manner after the date on which the statute of limitations for the commencement of a civil action based upon that denial of admissions has expired without the filing of a civil action or until final disposition of any such litigation."], ["24:24:4.1.3.1.11.2.5.7", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.206 Waiting list: Local preferences in admission to public housing program.", "HUD", "", "", "[66 FR 28799, May 24, 2001, as amended at 81 FR 80815, Nov. 16, 2016; 88 FR 9670, Feb. 14, 2023]", "(a)  Establishment of PHA local preferences.  (1) The PHA may adopt a system of local preferences for selection of families admitted to the PHA's public housing program. The PHA system of selection preferences must be based on local housing needs and priorities as determined by the PHA. In determining such needs and priorities, the PHA shall use generally accepted data sources. Such sources include public comment on the PHA plan (as received pursuant to \u00a7 903.17 of this chapter), and on the consolidated plan for the relevant jurisdiction (as received pursuant to part 91 of this title).\n\n(2) The PHA may limit the number of applicants that qualify for any local preference.\n\n(3) PHA adoption and implementation of local preferences is subject to HUD requirements concerning income-targeting (\u00a7 960.202(b)), deconcentration and income-mixing (\u00a7 903.7), and selection preferences for developments designated exclusively for elderly or disabled families or for mixed population developments (\u00a7 960.407).\n\n(4) The PHA must inform all applicants about available preferences and must give applicants an opportunity to show that they qualify for available preferences.\n\n(b)  Particular local preferences \u2014(1)  Residency requirements or preferences.  (i) Residency requirements are prohibited. Although a PHA is not prohibited from adopting a residency preference, the PHA may only adopt or implement residency preferences in accordance with non-discrimination and equal opportunity requirements listed at \u00a7 5.105(a) of this title.\n\n(ii) A residency preference is a preference for admission of persons who reside in a specified geographic area (\u201cresidency preference area\u201d). A county or municipality may be used as a residency preference area. An area smaller than a county or municipality may not be used as a residency preference area.\n\n(iii) Any PHA residency preferences must be included in the statement of PHA policies that govern eligibility, selection and admission to the program, which is included in the PHA annual plan (or supporting documents) pursuant to part 903 of this chapter. Such policies must specify that use of a residency preference will not have the purpose or effect of delaying or otherwise denying admission to the program based on the race, color, ethnic origin, gender, religion, disability, or age of any member of an applicant family.\n\n(iv) A residency preference must not be based on how long an applicant has resided or worked in a residency preference area.\n\n(v) Applicants who are working or who have been notified that they are hired to work in a residency preference area must be treated as residents of the residency preference area. The PHA may treat graduates of, or active participants in, education and training programs in a residency preference area as residents of the residency preference area if the education or training program is designed to prepare individuals for the job market.\n\n(2)  Preference for working families.  The PHA may adopt a preference for admission of working families (families where the head, spouse, or sole member, is employed). However, an applicant must be given the benefit of the working family preference if the head and spouse, or sole member is age 62 or older, or is a person with disabilities.\n\n(3)  Preference for person with disabilities.  The PHA may adopt a preference for admission of families that include a person with disabilities. However, the PHA may not adopt a preference for persons with a specific disability.\n\n(4)  Preference for victims of domestic violence, dating violence, sexual assault, or stalking.  The PHA should consider whether to adopt a local preference for admission of families that include victims of domestic violence, dating violence, sexual assault, or stalking.\n\n(5)  Preference for single persons who are elderly, displaced, homeless or a person with disabilities.  The PHA may adopt a preference for admission of single persons who are age 62 or older, displaced, homeless, or persons with disabilities over other single persons.\n\n(6)  Preference for non-public housing over-income families.  The PHA may adopt a preference for admission of non-public housing over-income families paying the alternative non-public housing rent and are on a NPHOI lease who become an income-eligible low-income family as defined in \u00a7 5.603(b) of this title and are eligible for admission to the public housing program.\n\n(c)  Selection for particular unit.  In selecting a family to occupy a particular unit, the PHA may match characteristics of the family with the type of unit available, for example, number of bedrooms. In selection of families to occupy units with special accessibility features for persons with disabilities, the PHA must first offer such units to families which include persons with disabilities who require such accessibility features (see \u00a7\u00a7 8.27 and 100.202 of this title).\n\n(d)  Housing assistance limitation for single persons.  A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a resident family may not be provided a housing unit with two or more bedrooms.\n\n(e)  Selection method.  (1) The PHA must use the following to select among applicants on the waiting list with the same priority for admission:\n\n(i) Date and time of application; or\n\n(ii) A drawing or other random choice technique.\n\n(2) The method for selecting applicants must leave a clear audit trail that can be used to verify that each applicant has been selected in accordance with the method specified in the PHA plan."], ["24:24:4.1.3.1.11.2.5.8", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "B", "Subpart B\u2014Admission", "", "\u00a7 960.208 Notification to applicants.", "HUD", "", "", "", "(a) The PHA must promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination, and must provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination.\n\n(b) When a determination has been made that an applicant is eligible and satisfies all requirements for admission, including the tenant selection criteria, the applicant must be notified of the approximate date of occupancy insofar as that date can be reasonably determined."], ["24:24:4.1.3.1.11.3.5.1", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "C", "Subpart C\u2014Rent and Reexamination", "", "\u00a7 960.253 Choice of rent.", "HUD", "", "", "[65 FR 16726, Mar. 29, 2000, as amended at 80 FR 53712, Sept. 8, 2015; 81 FR 12372, Mar. 8, 2016; 88 FR 9670, Feb. 14, 2023]", "(a)  Rent options \u2014(1)  Annual choice by family.  Once a year, the PHA must give each family the opportunity to choose between the two methods for determining the amount of tenant rent payable monthly by the family. The family may choose to pay as tenant rent either a flat rent as determined in accordance with paragraph (b) of this section, or an income-based rent as determined in accordance with paragraph (c) of this section. Except for financial hardship cases as provided in paragraph (d) of this section, the family may not be offered this choice more than once a year.\n\n(2)  Relation to minimum rent.  Regardless of whether the family chooses to pay a flat rent or income-based rent, the family must pay at least the minimum rent as determined in accordance with \u00a7 5.630 of this title.\n\n(3)  Relation to non-public housing over-income families.  Non-public housing over-income families must pay the alternative non-public housing rent, as applicable, as determined in accordance with \u00a7 960.102.\n\n(b)  Flat rent . The flat rent is determined annually, based on the market rental value of the unit as determined by this paragraph (b).\n\n(1) The PHA must establish a flat rent for each public housing unit that is no less than 80 percent of the applicable Fair Market Rent (FMR) as determined under 24 CFR part 888, subpart A; or\n\n(2) HUD may permit a flat rent of no less than 80 percent of an applicable small area FMR (SAFMR) or unadjusted rent, if applicable, as determined by HUD, or any successor determination, that more accurately reflects local market conditions and is based on an applicable market area that is geographically smaller than the applicable market area used in paragraph (b)(1) of this section. If HUD has not determined an applicable SAFMR or unadjusted rent, the PHA must rely on the applicable FMR under paragraph (b)(1) or may apply for an exception flat rent under paragraph (b)(3).\n\n(3) The PHA may request, and HUD may approve, on a case-by-case basis, a flat rent that is lower than the amounts in paragraphs (b)(1) and (2) of this section, subject to the following requirements:\n\n(i) The PHA must submit a market analysis of the applicable market.\n\n(ii) The PHA must demonstrate, based on the market analysis, that the proposed flat rent is a reasonable rent in comparison to rent for other comparable unassisted units, based on the location, quality, size, unit type, and age of the public housing unit and any amenities, housing services, maintenance, and utilities to be provided by the PHA in accordance with the lease.\n\n(iii) All requests for exception flat rents under this paragraph (b)(3) must be submitted to HUD.\n\n(4) For units where utilities are tenant-paid, the PHA must adjust the flat rent downward by the amount of a utility allowance for which the family might otherwise be eligible under 24 CFR part 965, subpart E.\n\n(5) The PHA must revise, if necessary, the flat rent amount for a unit no later than 90 days after HUD issues new FMRs.\n\n(6) If a new flat rent would cause a family's rent to increase by more than 35 percent, the family's rent increase must be phased in at 35 percent annually until such time that the family chooses to pay the income-based rent or the family is paying the flat rent established pursuant to this paragraph.\n\n(c)  Income-based rent.  (1) An income-based rent is a tenant rent that is based on the family's income and the PHA's policies for determination of such rents.\n\n(2) The PHA rent policies may specify that the PHA will use percentage of family income or some other reasonable system to determine income-based rents. The PHA rent policies may provide for depositing a portion of tenant rent in an escrow or savings account, for imposing a ceiling on tenant rents, for adoption of permissive income deductions (see \u00a7 5.611(b) of this title), or for another reasonable system to determining the amount of income-based tenant rent.\n\n(3) The income-based tenant rent must not exceed the total tenant payment (\u00a7 5.628 of this title) for the family minus any applicable utility allowance for tenant-paid utilities. If the utility allowance exceeds the total tenant payment, the PHA shall pay such excess amount (the utility reimbursement) either to the family or directly to the utility supplier to pay the utility bill on behalf of the family.\n\n(4) The PHA may elect to establish policies regarding the frequency of utility reimbursement payments for payments made to the family.\n\n(i) The PHA will have the option of making utility reimbursement payments not less than once per calendar-year quarter, for reimbursements totaling $45 or less per quarter. In the event a family leaves the program in advance of its next quarterly reimbursement, the PHA must reimburse the family for a prorated share of the applicable reimbursement. PHAs exercising this option must have a hardship policy in place for tenants.\n\n(ii) If the PHA elects to pay the utility supplier, the PHA must notify the family of the amount of utility reimbursement paid to the utility supplier.\n\n(d)  Ceiling rent.  A PHA using ceiling rents authorized and established before October 1, 1999, may continue to use ceiling rents, provided such ceiling rents are set at the level required for flat rents under this section. PHAs must follow the requirements for calculating and adjusting flat rents in paragraph (b) of this section when calculating and adjusting ceiling rents.\n\n(e)  Information for families.  For the family to make an informed choice about its rent options, the PHA must provide sufficient information for an informed choice. Such information must include at least the following written information:\n\n(1) The PHA's policies on switching type of rent in circumstances of financial hardship, and\n\n(2) The dollar amounts of tenant rent for the family under each option, following the procedures in paragraph (f) of this section.\n\n(f)  Choice between flat and income-based rents.  Families must be offered the choice between a flat rental amount and a previously calculated income-based rent according to the following:\n\n(1) For a family that chooses the flat rent option, the PHA must conduct a reexamination of family income and composition at least once every three years, except for families a PHA determines exceed the over-income limit described in \u00a7 960.507(b). Once a PHA determines that a family has an income exceeding the over-income limit, the PHA must follow the income examination and notification requirements under \u00a7 960.507(c).\n\n(2) At initial occupancy, or in any year in which a participating family is paying the income-based rent, the PHA must:\n\n(i) Conduct a full examination of family income and composition, following the provisions in \u00a7 960.257;\n\n(ii) Inform the family of the flat rental amount and the income-based rental amount determined by the examination of family income and composition;\n\n(iii) Inform the family of the PHA's policies on switching rent types in circumstances of financial hardship; and\n\n(iv) Apply the family's rent decision at the next lease renewal.\n\n(3) In any year in which a family chooses the flat rent option but the PHA chooses not to conduct a full examination of family income and composition for the annual rent option under the authority of paragraph (f)(1) of this section, the PHA must:\n\n(i) Use income information from the examination of family income and composition from the first annual rent option;\n\n(ii) Inform the family of the updated flat rental amount and the rental amount determined by the most recent examination of family income and composition;\n\n(iii) Inform the family of the PHA's policies on switching rent types in circumstances of financial hardship; and\n\n(iv) Apply the family's rent decision at the next lease renewal.\n\n(g)  Switch from flat rent to income-based rent because of hardship.  (1) A family that is paying a flat rent may at any time request a switch to payment of income-based rent (before the next annual option to select the type of rent) if the family is unable to pay flat rent because of financial hardship. The PHA must adopt written policies for determining when payment of flat rent is a financial hardship for the family.\n\n(2) If the PHA determines that the family is unable to pay the flat rent because of financial hardship, the PHA must immediately allow the requested switch to income-based rent. The PHA shall make the determination within a reasonable time after the family request.\n\n(3) The PHA policies for determining when payment of flat rent is a financial hardship must provide that financial hardship include the following situations:\n\n(i) The family has experienced a decrease in income because of changed circumstances, including loss or reduction of employment, death in the family, or reduction in or loss of earnings or other assistance;\n\n(ii) The family has experienced an increase in expenses, because of changed circumstances, for medical costs, child care, transportation, education, or similar items; and\n\n(iii) Such other situations determined by the PHA to be appropriate."], ["24:24:4.1.3.1.11.3.5.2", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "C", "Subpart C\u2014Rent and Reexamination", "", "\u00a7 960.255 Self-sufficiency incentives\u2014Disallowance of increase in annual income.", "HUD", "", "", "[65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 88 FR 9670, Feb. 14, 2023]", "(a)  Definitions.  The following definitions apply for purposes of this section.\n\nBaseline income.  The annual income immediately prior to implementation of the disallowance described in paragraph (c)(1) of this section of a person who is a member of a qualified family.\n\nDisallowance.  Exclusion from annual income.\n\nPreviously unemployed  includes a person who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage.\n\nQualified family.  A family residing in public housing:\n\n(i) Whose annual income increases as a result of employment of a family member who was unemployed for one or more years previous to employment;\n\n(ii) Whose annual income increases as a result of increased earnings by a family member during participation in any economic self-sufficiency or other job training program; or\n\n(iii) Whose annual income increases, as a result of new employment or increased earnings of a family member, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the PHA in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare-to-Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance\u2014provided that the total amount over a six-month period is at least $500.\n\n(b)  Disallowance of earned income \u2014(1)  Initial 12-month exclusion.  During the 12-month period beginning on the date on which a member of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the PHA must exclude from the annual income (as defined in \u00a7 5.609 of this title) of a qualified family any increase in the income of the family member as a result of employment over the baseline income of that family member.\n\n(2)  Phase-in of rent increase.  Upon the expiration of the 12-month period defined in paragraph (b)(1) of this section and for the subsequent 12-month period, the PHA must exclude from the annual income of a qualified family at least 50 percent of any increase in income of such family member as a result of employment over the family member's baseline income.\n\n(3)  Maximum 2-year disallowance.  The disallowance of increased income of an individual family member as provided in paragraph (b)(1) or (b)(2) of this section is limited to a lifetime 24-month period. It applies for a maximum of 12 months for disallowance under paragraph (b)(1) of this section and a maximum of 12 months for disallowance under paragraph (b)(2) of this section, during the 24-month period starting from the initial exclusion under paragraph (b)(1) of this section.\n\n(4) Effect of changes on currently participating families. Families eligible for and participating in the disallowance of earned income under this section prior to May 9, 2016 will continue to be governed by this section in effect as it existed immediately prior to that date.\n\n(c)  Inapplicability to admission.  The disallowance of increases in income as a result of employment under this section does not apply for purposes of admission to the program (including the determination of income eligibility and income targeting).\n\n(d)  Individual Savings Accounts.  As an alternative to the disallowance of increases in income as a result of employment described in paragraph (b) of this section, a PHA may choose to provide for individual savings accounts for public housing residents who pay an income-based rent, in accordance with a written policy, which must include the following provisions:\n\n(1) The PHA must advise the family that the savings account option is available;\n\n(2) At the option of the family, the PHA must deposit in the savings account the total amount that would have been included in tenant rent payable to the PHA as a result of increased income that is disallowed in accordance with paragraph (b) of this section;\n\n(3) Amounts deposited in a savings account may be withdrawn only for the purpose of:\n\n(i) Purchasing a home;\n\n(ii) Paying education costs of family members;\n\n(iii) Moving out of public or assisted housing; or\n\n(iv) Paying any other expense authorized by the PHA for the purpose of promoting the economic self-sufficiency of residents of public housing;\n\n(4) The PHA must maintain the account in an interest bearing investment and must credit the family with the net interest income, and the PHA may not charge a fee for maintaining the account;\n\n(5) At least annually the PHA must provide the family with a report on the status of the account; and\n\n(6) If the family moves out of public housing, the PHA shall pay the tenant any balance in the account, minus any amounts owed to the PHA.\n\n(e)  Limitation.  This section applies to a family that is:\n\n(1) Receiving the disallowance of earned income under this section on December 31, 2023 or\n\n(2) Eligible to receive the Jobs Plus program rent incentive pursuant to the Jobs Plus FY2023 notice of funding opportunity (NOFO) or earlier appropriations and distributed through prior Jobs Plus NOFOs.\n\n(f)  Sunset.  This section will lapse on January 1, 2030."], ["24:24:4.1.3.1.11.3.5.3", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "C", "Subpart C\u2014Rent and Reexamination", "", "\u00a7 960.257 Family income and composition: Annual and interim reexaminations.", "HUD", "", "", "[65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 82 FR 58340, Dec. 12, 2017; 85 FR 27139, May 7, 2020; 88 FR 9670, Feb. 14, 2023; 88 FR 9670, Feb. 14, 2023]", "(a)  When PHA is required to conduct reexamination.  (1) For families who pay an income-based rent, the PHA must conduct a reexamination of family income and composition at least annually and must make appropriate adjustments in the rent after consultation with the family and upon verification of the information.\n\n(2) For families who choose flat rents, the PHA must conduct a reexamination of family composition at least annually, and must conduct a reexamination of family income at least once every three years in accordance with the procedures in \u00a7 960.253(f).\n\n(3) For all families who include nonexempt individuals, as defined in \u00a7 960.601, the PHA must determine compliance once each twelve months with community service and self-sufficiency requirements in subpart F of this part.\n\n(4) The PHA may use the results of these reexaminations to require the family to move to an appropriate size unit.\n\n(5) For all non-public housing over-income families, the PHA may not conduct an annual reexamination of family income.\n\n(b)  Interim reexaminations.  (1) A family may request an interim reexamination of family income or composition because of any changes since the last determination. The PHA must conduct any interim reexamination within a reasonable period of time after the family request or when the PHA becomes aware of an increase in family adjusted income under paragraph (3) of this section. What qualifies as a \u201creasonable time\u201d may vary based on the amount of time it takes to verify information, but generally should not be longer than 30 days after changes in income are reported.\n\n(2) The PHA may decline to conduct an interim reexamination of family income if the PHA estimates the family's adjusted income will decrease by an amount that is less than ten percent of the family's annual adjusted income (or a lower amount established by HUD by notice), or a lower threshold established by the PHA.\n\n(3) The PHA must conduct an interim reexamination of family income when the PHA becomes aware that the family's adjusted income (as defined in \u00a7 5.611 of this title) has changed by an amount that the PHA estimates will result in an increase of ten percent or more in annual adjusted income or such other amount established by HUD through notice, except:\n\n(i) The PHA may not consider any increase in the earned income of the family when estimating or calculating whether the family's adjusted income has increased, except that, based on the PHA's established written policy, the PHA may consider increases in earned income if the PHA has processed an interim reexamination for a decrease in the family's income under paragraph (b)(1) of this section within the same annual or biennial reexamination cycle; and\n\n(ii) The PHA may choose not to conduct an interim reexamination in the last three months of a family's certification period, in accordance with the PHA's established written policy.\n\n(4) For over-income families in the period of up to six months before their tenancy termination pursuant to \u00a7 960.507(d)(2), the PHA must conduct an interim reexamination of family income as otherwise required under this paragraph. However, the resulting income determination will not make the family eligible to remain in the public housing program beyond the period before termination as defined by PHA policy.\n\n(5) The PHA must adopt policies consistent with this section prescribing when and under what conditions the family must report a change in family income or composition.\n\n(6)  Effective date of rent changes.  (i) If the family has reported a change in family income or composition in a timely manner according to the PHA's policies, the PHA must provide the family with 30 days advance notice of any rent increases, and such rent increases will be effective the first day of the month beginning after the end of that 30-day period. Rent decreases will be effective on the first day of the first month after the date of the actual change leading to the interim reexamination of family income.\n\n(ii) If the family has failed to report a change in family income or composition in a timely manner according to the PHA's policies, PHAs must implement any resulting rent increases retroactively to the first of the month following the date of the change leading to the interim reexamination of family income. Any resulting rent decrease must be implemented no later than the first rent period following completion of the reexamination. However, a PHA may apply rent decreases retroactively at the discretion of the PHA, in accordance with the conditions established by the PHA in written policy and subject to paragraph (b)(6)(iii) of this section.\n\n(iii) A retroactive rent decrease may not be applied by the PHA prior to the later of the first of the month following:\n\n(A) The date of the change leading to the interim reexamination of family income; or\n\n(B) The effective date of the family's most recent previous interim or annual reexamination (or initial examination if that was the family's last examination).\n\n(c)  Streamlined income determination \u2014(1)  General.  A PHA may elect to apply a streamlined income determination to families receiving fixed income, as described in paragraph (c)(3) of this section.\n\n(2)  Definition of \u201cfixed income\u201d.  For purposes of this section, \u201cfixed income\u201d means periodic payments at reasonably predictable levels from one or more of the following sources:\n\n(i) Social Security, Supplemental Security Income, Supplemental Disability Insurance.\n\n(ii) Federal, state, local, or private pension plans.\n\n(iii) Annuities or other retirement benefit programs, insurance policies, disability or death benefits, or other similar types of periodic receipts.\n\n(iv) Any other source of income subject to adjustment by a verifiable COLA or current rate of interest.\n\n(3)  Method of streamlined income determination.  A PHA using the streamlined income determination must adjust a family's income according to the percentage of a family's unadjusted income that is from fixed income.\n\n(i) When 90 percent or more of a family's unadjusted income consists of fixed income, PHAs using streamlined income determinations must apply a COLA or COLAs to the family's sources of fixed income, provided that the family certifies both that 90 percent or more of their unadjusted income is fixed income and that their sources of fixed income have not changed from the previous year. For non-fixed income, the PHA is not required to make adjustments pursuant to paragraph (a) of this section.\n\n(ii) When less than 90 percent of a family's unadjusted income consists of fixed income, PHAs using streamlined income determinations must apply a COLA to each of the family's sources of fixed income individually. The PHA must determine all other income pursuant to paragraph (a) of this section.\n\n(4)  COLA rate applied by PHAs.  PHAs using streamlined income determinations must adjust a family's fixed income using a COLA or current interest rate that applies to each specific source of fixed income and is available from a public source or through tenant-provided, third-party-generated documentation. If no public verification or tenant-provided documentation is available, then the owner must obtain third-party verification of the income amounts in order to calculate the change in income for the source.\n\n(5)  Triennial verification.  For any income determined pursuant to a streamlined income determination, a PHA must obtain third-party verification of all income amounts every 3 years.\n\n(d)  PHA reexamination policies.  The PHA must adopt admission and continued occupancy policies concerning conduct of annual and interim reexaminations in accordance with this section, and shall conduct reexaminations in accordance with such policies. The PHA reexamination policies must be in accordance with the PHA plan.\n\n(e) Reviews of family income under this section are subject to the provisions in section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, as amended (42 U.S.C. 3544).\n\n(f)  De minimis errors.  The PHA will not be considered out of compliance with the requirements in this section solely due to de minimis errors in calculating family income but is still obligated to correct errors once the PHA becomes aware of the errors. A de minimis error is an error where the PHA determination of family income varies from the correct income determination by no more than $30 per month in monthly adjusted income ($360 in annual adjusted income).\n\n(i) The PHA must take any corrective action necessary to credit or repay a family if the family has been overcharged for their rent as a result of an error (including a de minimis error) in the income determination. Families will not be required to repay the PHA in instances where the PHA has miscalculated income resulting in a family being undercharged for rent or family share.\n\n(ii) HUD may revise the amount of de minimis error in this paragraph (f) through a rulemaking published in the  Federal Register  for public comment."], ["24:24:4.1.3.1.11.3.5.4", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "C", "Subpart C\u2014Rent and Reexamination", "", "\u00a7 960.259 Family information and verification.", "HUD", "", "", "[65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 88 FR 9671, Feb. 14, 2023]", "(a)  Family obligation to supply information.  (1) The family must supply any information that the PHA or HUD determines is necessary in administration of the public housing program, including submission of required evidence of citizenship or eligible immigration status (as provided by part 5, subpart E of this title). \u201cInformation\u201d includes any requested certification, release or other documentation.\n\n(2) The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or an interim reexamination of family income and composition in accordance with HUD requirements.\n\n(3) For requirements concerning the following, see part 5, subpart B of this title:\n\n(i) Family verification and disclosure of social security numbers;\n\n(ii) Family execution and submission of consent forms for obtaining wage and claim information from State Wage Information Collection Agencies (SWICAs).\n\n(4) Any information supplied by the family must be true and complete.\n\n(b)  Family release and consent.  (1) As a condition of admission to or continued assistance under the program, the PHA shall require the family head, and such other family members as the PHA designates, to execute a consent form (including any release and consent as required under \u00a7 5.230 of this title) authorizing any depository or private source of income, or any Federal, State or local agency, to furnish or release to the PHA or HUD such information as the PHA or HUD determines to be necessary.\n\n(2) The use or disclosure of information obtained from a family or from another source pursuant to this release and consent shall be limited to purposes directly connected with administration of the program.\n\n(c)  PHA responsibility for reexamination and verification.  (1) Except as provided in paragraph (c)(2) of this section, the PHA must obtain and document in the family file third-party verification of the following factors, or must document in the file why third-party verification was not available:\n\n(i) Reported family annual income;\n\n(ii) The value of assets;\n\n(iii) Expenses related to deductions from annual income; and\n\n(iv) Other factors that affect the determination of adjusted income or income-based rent.\n\n(2) For a family with net family assets (as the term is defined in \u00a7 5.603 of this title) equal to or less than $50,000, which amount will be adjusted annually by HUD in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, a PHA may accept, for purposes of recertification of income, a family's declaration under \u00a7 5.618(b) of this title, except that the PHA must obtain third-party verification of all family assets every 3 years."], ["24:24:4.1.3.1.11.4.5.1", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "D", "Subpart D\u2014Preference for Elderly Families and Disabled Families in Mixed Population Projects", "", "\u00a7 960.401 Purpose.", "HUD", "", "", "", "This subpart establishes a preference for elderly families and disabled families for admission to mixed population public housing projects, as defined in \u00a7 960.405."], ["24:24:4.1.3.1.11.4.5.2", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "D", "Subpart D\u2014Preference for Elderly Families and Disabled Families in Mixed Population Projects", "", "\u00a7 960.403 Applicability.", "HUD", "", "", "", "(a) This subpart applies to all dwelling units in mixed population projects (as defined in \u00a7 960.405), or portions of mixed population projects, assisted under the U.S. Housing Act of 1937. These projects formerly were known as elderly projects.\n\n(b) This subpart does not apply to section 23 and section 10(c) leased housing projects or the section 23 Housing Assistance Payments Program where the owners enter into leases directly with the tenants, or to the Section 8 Housing Assistance Payments Program, the Low-Rent Housing Homeownership Opportunities Program (Turnkey III), the Mutual Help Homeownership Opportunities Program, or to Indian Housing Authorities. (For applicability to Indian Housing Authorities, see part 905 of this chapter.) Additionally, this subpart is not applicable to projects designated for elderly families or designated for disabled families in accordance with 24 CFR part 945."], ["24:24:4.1.3.1.11.4.5.3", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "D", "Subpart D\u2014Preference for Elderly Families and Disabled Families in Mixed Population Projects", "", "\u00a7 960.407 Selection preference for mixed population developments.", "HUD", "", "", "[65 FR 16729, Mar. 29, 2000]", "(a) The PHA must give preference to elderly families and disabled families equally in determining priority for admission to mixed population developments. The PHA may not establish a limit on the number of elderly families or disabled families who may be accepted for occupancy in a mixed population development.\n\n(b) In selecting elderly families and disabled families to occupy units in mixed population developments, the PHA must first offer units that have special accessibility features for persons with disabilities to families who include persons with disabilities who require the accessibility features of such units (see \u00a7\u00a7 8.27 and 100.202 of this title)."], ["24:24:4.1.3.1.11.5.5.1", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "E", "", "", "\u00a7 960.503 Occupancy by over-income families.", "HUD", "", "", "", "A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), in accordance with its PHA annual plan (or supporting documents), if all the following conditions are satisfied:\n\n(a) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family;\n\n(b) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family;\n\n(c) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit;\n\n(d) The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and\n\n(e) The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family."], ["24:24:4.1.3.1.11.5.5.2", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "E", "", "", "\u00a7 960.505 Occupancy by police officers to provide security for public housing residents.", "HUD", "", "", "", "(a)  Police officer.  For purpose of this subpart E, \u201cpolice officer\u201d means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify.\n\n(b)  Occupancy in public housing.  For the purpose of increasing security for residents of a public housing development, the PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include in the PHA annual plan or supporting documents the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents."], ["24:24:4.1.3.1.11.5.5.3", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "E", "", "", "\u00a7 960.507 Families exceeding the income limit.", "HUD", "", "", "[88 FR 9671, Feb. 14, 2023]", "(a)  In general.  Families participating in the public housing program must not have incomes that exceed the over-income limit, as determined by paragraph (b) of this section, for more than 24 consecutive months.\n\n(1) This provision applies to all families in the public housing program, including FSS families and all families receiving EID.\n\n(i) Mixed families (as defined in \u00a7 5.504 of this title) who are non-public housing over-income families pay the alternative non-public housing rent (as defined in \u00a7 960.102), as applicable.\n\n(ii) All non-public housing over-income families are precluded from participating in a public housing resident council.\n\n(iii) Furthermore, non-public housing over-income families cannot participate in programs that are only for public housing or low-income families.\n\n(iv) PHAs cannot provide any Federal assistance, including a utility allowance, to non-public housing over-income families.\n\n(2) PHAs must implement the requirements of this section by amending all applicable admission and continued occupancy policies according to the provisions in 24 CFR part 903. All PHAs must have effective over-income policies, consistent with the requirements of this section, no later than June 14, 2023.\n\n(b)  Determination of over-income limit.  The over-income limit is determined by multiplying the applicable income limit for a very low-income family as defined in \u00a7 5.603(b) of this title, by a factor of 2.4.\n\n(c)  Notifying over-income families.  (1) If the PHA determines the family has exceeded the over-income limit pursuant to an income examination, the PHA must provide written notice to the family of the over-income determination no later than 30 days after the income examination. The notice must state that the family has exceeded the over-income limit and continuing to exceed the over-income limit for a total of 24 consecutive months will result in the PHA following its continued occupancy policy for over-income families in accordance with paragraph (d) of this section. Pursuant to 24 CFR part 966, subpart B, the PHA must afford the family an opportunity for a hearing if the family disputes within a reasonable time the PHA's determination that the family has exceeded the over-income limit.\n\n(2) The PHA must conduct an income examination 12 months after the initial over-income determination described in paragraph (c)(1) of this section, unless the PHA determined the family's income fell below the over-income limit since the initial over-income determination. If the PHA determines the family has exceeded the over-income limit for 12 consecutive months, the PHA must provide written notification of this 12-month over-income determination no later than 30 days after the income examination that led to the 12-month over-income determination. The notice must state that the family has exceeded the over-income limit for 12 consecutive months and continuing to exceed the over-income limit for a total of 24 consecutive months will result in the PHA following its continued occupancy policy for over-income families in accordance with paragraph (d) of this section. Additionally, if applicable under PHA policy, the notice must include an estimate (based on current data) of the alternative non-public housing rent for the family's unit. Pursuant to 24 CFR part 966, subpart B, the PHA must afford the family an opportunity for a hearing if the family disputes within a reasonable time the PHA's determination that the family has exceeded the over-income limit.\n\n(3) The PHA must conduct an income examination 24 months after the initial over-income determination described in paragraph (c)(1) of this section, unless the PHA determined the family's income fell below the over-income limit since the second over-income determination. If the PHA determines the family has exceeded the over-income limit for 24 consecutive months, then the PHA must provide written notification of this 24-month over-income determination no later than 30 days after the income examination that led to the 24-month over-income determination. The notice must state:\n\n(i) That the family has exceeded the over-income limit for 24 consecutive months.\n\n(ii) That the PHA must either terminate the family's tenancy or charge the family the alternative non-public housing rent, in accordance with it continued occupancy policy for over-income families in accordance with paragraph (d) of this section.\n\n(A) If the PHA determines that under its policy the family's tenancy must be terminated in accordance with paragraph (d)(2) of this section, then the notice must inform the family of this determination and state the period of time before tenancy termination.\n\n(B) If the PHA determines that under its policy the family must be charged the alternative non-public housing rent in accordance with paragraph (d)(1) of this section, then the notice must inform the family of this determination and state that the family be charged the alternative non-public housing rent in accordance with paragraph (d)(1) of this section. The PHA must also present the family with a new lease, in accordance with the requirements at \u00a7 960.509, and inform the family that the lease must be executed no later than 60 days of the date of the notice or at the next lease renewal, whichever is sooner.\n\n(iii) Pursuant to 24 CFR part 966, subpart B, the PHA must afford the family an opportunity for a hearing if the family disputes within a reasonable time the PHA's determination that the family has exceeded the over-income limit.\n\n(4) If, at any time during the consecutive 24-month period following the initial over-income determination described in paragraph (c)(1) of this section, a PHA determines that the family's income is below the over-income limit, the family is entitled to a new 24 consecutive month period of being over-income and new notices under paragraphs (c)(1), (c)(2), and (c)(3) of this section if the PHA later determines that the family income exceeds the over-income limit.\n\n(d)  End of the 24 consecutive month grace period.  Once a family has exceeded the over-income limit for 24 consecutive months, the PHA must, as detailed in its admissions and continued occupancy policies\u2014\n\n(1) Require the family to execute a new lease consistent with \u00a7 960.509 and charge the family the alternative non-public housing rent, as defined in \u00a7 960.102, no later than 60-days after the notice is provided pursuant to paragraph (c)(3) of this section or at the next lease renewal, whichever is sooner; or\n\n(2) Terminate the tenancy of the family no more than 6 months after the notification under paragraph (c)(3) of this section as determined by the PHA's continued occupancy policy. PHAs must continue to charge these families the family's choice of income-based, flat rent, or prorated rent for mixed families during the period before termination. The PHA must give appropriate notice of lease tenancy termination (notice to vacate) in accordance with State and local laws.\n\n(e)  Status of families.  An over-income family will continue to be a public housing program participant until their tenancy is terminated by the PHA in accordance with paragraph (d)(2) of this section or the family executes a new non-public housing lease in accordance with paragraph (d)(1) of this section.\n\n(f)  Reporting.  Each PHA must submit a report annually to HUD that specifies, as of the end of the year, the number of families residing in public housing with incomes exceeding the over-income limit and the number of families on the waiting lists for admission to public housing projects and provide any other information regarding over-income families requested by HUD. These reports must also be publicly available."], ["24:24:4.1.3.1.11.5.5.4", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "E", "", "", "\u00a7 960.509 Lease requirements for non-public housing over-income families.", "HUD", "", "", "[88 FR 9671, Feb. 14, 2023; 88 FR 12560, Feb. 28, 2023]", "(a)  In general.  If a family, when permitted by written PHA's continued occupancy policy, elects to remain in a public housing unit paying the alternative non-public housing rent, the PHA and each non-public housing over-income (NPHOI) family (referred to as the \u201ctenant\u201d in this section) must enter into a lease. The tenant and the PHA must execute the lease, as presented by the PHA pursuant to \u00a7 960.507(c)(3)(ii)(B) no later than 60 days after the notice provided pursuant to \u00a7 960.507(c)(3) or at the next lease renewal, whichever is sooner. If the tenant does not execute the lease within this time period, the PHA must terminate the tenancy of the tenant no more than 6 months after the notification under \u00a7 960.507(c)(3) in accordance with 960.507(d)(2). Notwithstanding, a PHA may permit, in accordance with its policies, an over-income family to execute the lease beyond this time period, but before termination of the tenancy, if the over-income family pays the PHA the total difference between the alternative non-public housing rent and their public housing rent dating back to the point in time that the over-income family was required to execute the lease.\n\n(b)  Lease provisions.  The non-public housing over-income lease must contain at a minimum the following provisions.\n\n(1)  Parties, dwelling unit, and term.  The lease must state:\n\n(i) The name of the PHA and names of the tenants.\n\n(ii) The unit rented (address, apartment number, and any other information needed to identify the dwelling unit).\n\n(iii) The term of the lease (lease term and renewal in accordance with paragraph (b)(2) of this section).\n\n(iv) A statement of the utilities, services, and equipment to be supplied by the PHA without additional cost, and the utilities and appliances to be paid for by the tenant.\n\n(v) The composition of the household as approved by the PHA (family members, foster children and adults, and any PHA-approved live-in aides). The family must promptly inform the PHA of the birth, adoption, or court-awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit.\n\n(2)  Lease term and renewal.  (i) The lease must have a term as determined by the PHA and included in PHA policy.\n\n(ii) At any time, the PHA may terminate the tenancy in accordance with paragraph (b)(11) of this section.\n\n(3)  Payments due under the lease.  (i)  Tenant rent.  (A) The tenant must pay the amount of the monthly tenant rent determined by the PHA in accordance with \u00a7 960.507(e)(1).\n\n(B) The lease must specify the initial amount of the tenant rent at the beginning of the initial lease term. The PHA must comply with State or local law in giving the tenant written notice stating any change in the amount of tenant rent.\n\n(ii)  PHA charges.  The lease must provide for charges to the tenant for repair beyond normal wear and tear and for consumption of excess utilities. The lease must state the basis for the determination of such charges ( e.g.,  by a posted schedule of charges for repair, amounts charged for excess utility consumption, etc.). The imposition of charges for consumption of excess utilities is permissible only if such charges are determined by an individual check meter servicing the leased unit or result from the use of major tenant-supplied appliances.\n\n(iii)  Late payment penalties.  The lease may provide for penalties for late payment of rent.\n\n(iv)  When charges are due.  The lease must provide that charges assessed under paragraphs (b)(3)(ii) and (b)(3)(iii) of this section are due in accordance with PHA policy.\n\n(v)  Security deposits.  The lease must provide that any previously paid security deposit will be applied to the tenancy upon signing a new lease. The lease must also inform the tenant of the circumstances under which a security deposit will be returned to the tenant or when the tenant will be charged for damage to the unit, consistent with State and local security deposit laws.\n\n(4)  Tenant's right to use and occupancy.  The lease must provide that the tenant has the right to exclusive use and occupancy of the leased unit by the members of the household authorized to reside in the unit in accordance with the lease, as well as their guests. The term  guest  is defined in \u00a7 5.100 of this title.\n\n(5)  The PHA's obligations.  The PHA's obligations under the lease must include the following:\n\n(i) To maintain the dwelling unit and the project in decent, safe, and sanitary condition.\n\n(ii) To comply with requirements of applicable State and local building codes, housing codes, and HUD regulations materially affecting health and safety.\n\n(iii) To make necessary repairs to the dwelling unit.\n\n(iv) To keep project buildings, facilities, and common areas, not otherwise assigned to the tenant for maintenance and upkeep, in a clean and safe condition.\n\n(v) To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities, and appliances, including elevators, supplied, or required to be supplied by the PHA.\n\n(vi) To provide and maintain appropriate receptacles and facilities (except containers for the exclusive use of an individual tenant family) for the deposit of ashes, garbage, rubbish, and other waste removed from the dwelling unit by the tenant in accordance with paragraph (b)(6)(vii) of this section.\n\n(vii) To supply running water, including an adequate source of potable water, and reasonable amounts of hot water and reasonable amounts of heat at appropriate times of the year (according to local custom and usage), except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or where heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct utility connection.\n\n(viii) To notify the tenant of the specific grounds for any proposed adverse action by the PHA as required by State and local law.\n\n(ix) To comply with Federal, State, and local nondiscrimination and fair housing requirements, including Federal accessibility requirements and providing reasonable accommodations for persons with disabilities.\n\n(x) To establish necessary and reasonable policies for the benefit and well-being of the housing project and the tenants, post the policies in the project office, and incorporate the regulations by reference in the lease.\n\n(6)  Tenant's obligations.  The lease must, at a minimum and consistent with State and local law, provide that the tenant must:\n\n(i) Not assign the lease or sublease the dwelling unit.\n\n(ii) Not provide accommodations for boarders or lodgers.\n\n(iii) Use the dwelling unit solely as a private dwelling for the tenant and the tenant's household as identified in the lease, and not use or permit its use for any other purpose.\n\n(iv) Abide by necessary and reasonable policies established by the PHA for the benefit and well-being of the housing project and the tenants, which must be posted in the project office and incorporated by reference in the lease.\n\n(v) Comply with all applicable State and local building and housing codes materially affecting health and safety.\n\n(vi) Keep the dwelling unit and such other areas as may be assigned to the tenant for the tenant's exclusive use in a clean and safe condition.\n\n(vii) Dispose of all waste from the dwelling unit in a sanitary and safe manner.\n\n(viii) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities, including elevators.\n\n(ix) Refrain from, and cause members of the household and guests to refrain from destroying, defacing, damaging, or removing any part of the dwelling unit or housing project.\n\n(x) Pay reasonable charges (other than for wear and tear) for the repair of damages to the dwelling unit, or to the housing project (including damages to buildings, facilities, or common areas) caused by the tenant, a member of the household or a guest.\n\n(xi) Act, and cause household members and guests to act, in a manner which will not disturb other residents' peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe, and sanitary condition.\n\n(xii) Assure that no tenant, member of the tenant's household, guest, or any other person under the tenant's control engages in:\n\n(A)  Criminal activity.  ( 1 ) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other residents.\n\n( 2 ) Any drug-related criminal activity on or off the premises; or\n\n(B)  Civil activity.  For non-public housing over-income units that are not within mixed-finance projects, any smoking of prohibited tobacco products in the tenant's unit as well as restricted areas, as defined by \u00a7 965.653(a) of this chapter, or in other outdoor areas that the PHA has designated as smoke-free.\n\n(xiii) To assure that no member of the household engages in an abuse or pattern of abuse of alcohol that affects the health, safety, or right to peaceful enjoyment of the premises by other residents.\n\n(7)  Tenant maintenance.  The lease may provide that the tenant must perform seasonal maintenance or other maintenance tasks, where performance of such tasks by tenants of dwellings units of a similar design and construction is customary, as long as such provisions are not for the purpose of evading the obligations of the PHA. In cases where a PHA adopts such lease provisions, the PHA must exempt tenants who are unable to perform such tasks because of age or disability.\n\n(8)  Defects hazardous to life, health, or safety.  The lease must set forth the rights and obligations of the tenant and the PHA if to the dwelling unit is damaged to the extent that conditions are created which are hazardous to life, health, or safety of the occupants. The lease must provide that:\n\n(i) The tenant must immediately notify project management of the damage.\n\n(ii) The PHA must repair the unit within a reasonable time. The PHA must charge the tenant the reasonable cost of the repairs if the damage was caused by the tenant, the tenant's household, or the tenant's guests.\n\n(iii) The PHA must offer standard alternative accommodations, if available, where necessary repairs cannot be made within a reasonable time, subject to paragraph (b)(5)(ix) of this section; and\n\n(iv) The lease must allow for abatement of rent in proportion to the seriousness of the damage and loss in value as a dwelling if repairs are not made in accordance with paragraph (b)(8)(ii) of this section or alternative accommodations not provided in accordance with paragraph (b)(8)(iii) of this section, except that no abatement of rent may occur if the tenant rejects the alternative accommodation or if the damage was caused by the tenant, tenant's household or guests.\n\n(9)  Entry of dwelling unit during tenancy.  The lease must set forth the circumstances under which the PHA may enter the dwelling unit during the tenant's possession and must include the following requirements:\n\n(i) The PHA is, upon reasonable advance notification to the tenant, permitted to enter the dwelling unit during reasonable hours for the purpose of performing routine inspections and maintenance, for making improvement or repairs, or to show the dwelling unit for re-leasing. A written statement specifying the purpose of the PHA entry delivered to the dwelling unit at least two days before such entry is reasonable advance notification.\n\n(ii) The PHA may enter the dwelling unit at any time without advance notification when there is reasonable cause to believe that an emergency exists; and\n\n(iii) If the tenant and all adult members of the household are absent from the dwelling unit at the time of entry, the PHA must leave in the dwelling unit a written statement specifying the date, time, and purpose of entry prior to leaving the dwelling unit.\n\n(10)  Notice procedures.  The lease must provide procedures, in accordance with State and local laws, the PHA and tenant must follow when giving notices, which must include:\n\n(i) Except as provided in paragraph (b)(9) of this section, notice to a tenant must be provided in a form to allow meaningful access for persons who are limited English proficient and, in a form, to ensure effective communication with individuals with disabilities; and\n\n(ii) Notice to the PHA can be in writing, hand delivered, or sent by prepaid first-class mail to PHA address provided in the lease, orally, or submitted electronically through a communications system established by the PHA for that purpose.\n\n(11)  Termination of tenancy and eviction.  (i)  Procedures.  The lease must state the procedures to be followed by the PHA and the tenant to terminate the tenancy.\n\n(ii)  Grounds for termination of tenancy.  The PHA must terminate the tenancy for good cause, which includes, but is not limited to, the following:\n\n(A) Criminal activity or alcohol abuse as provided in paragraph (b)(11)(iv) of this section.\n\n(B) Failure to accept the PHA's offer of a lease revision to an existing lease: with written notice of the offer of the revision at least 60 calendar days before the lease revision is scheduled to take effect; and with the offer specifying a reasonable time limit within that period for acceptance by the family.\n\n(iii)  Lease termination notice.  The PHA must give notice of lease termination in accordance with State and local laws.\n\n(iv)  PHA termination of tenancy for criminal activity or alcohol abuse.  (A)  Evicting drug criminals.  ( 1 )  Methamphetamine conviction.  The PHA must immediately terminate the tenancy if the PHA determines that any member of the household has been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of Federally assisted housing.\n\n( 2 )  Drug crime on or off the premises.  The lease must provide that drug-related criminal activity engaged in on or off the premises by any tenant, member of the tenant's household or guest, and any such activity engaged in on the premises by any other person under the tenant's control, is grounds for the PHA to terminate tenancy. In addition, the lease must provide that a PHA may evict a family when the PHA determines that a household member is illegally using a drug or when the PHA determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.\n\n(B)  Evicting other criminals.  ( 1 )  Threat to other residents.  The lease must provide that any criminal activity by a covered person that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including PHA management staff residing on the premises) or threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises is grounds for termination of tenancy.\n\n( 2 )  Fugitive felon or parole violator.  The PHA may terminate the tenancy if a tenant is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or violating a condition of probation or parole imposed under Federal or State law.\n\n(C)  Eviction for criminal activity.  ( 1 )  Evidence.  The PHA may evict the tenant by judicial action for criminal activity in accordance with this section if the PHA determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction.\n\n( 2 )  Notice to Post Office.  When a PHA evicts an individual or family for criminal activity, the PHA must notify the local post office serving the dwelling unit that the individual or family is no longer residing in the unit.\n\n(D)  Use of criminal record.  If the PHA seeks to terminate the tenancy for criminal activity as shown by a criminal record, the PHA must notify the household of the proposed action to be based on the information and must provide the subject of the record and the tenant with a copy of the criminal record before a PHA grievance hearing, as applicable, or court trial concerning the termination of tenancy or eviction. The tenant must be given an opportunity to dispute the accuracy and relevance of that record in the grievance hearing or court trial.\n\n(E)  Cost of obtaining criminal record.  The PHA may not pass along to the tenant the costs of a criminal records check.\n\n(F)  Evicting alcohol abusers.  The PHA must establish standards that allow termination of tenancy if the PHA determines that a household member has:\n\n( 1 ) Engaged in abuse or pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents; or\n\n( 2 ) Furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers.\n\n(G)  PHA action, generally.  ( 1 )  Consideration of circumstances.  In a manner consistent with policies, procedures and practices, the PHA may consider all circumstances relevant to a particular case such as the nature and severity of the offending action, the extent of participation by the leaseholder in the offending action, the effects that the eviction would have on family members not involved in the offending activity, the extent to which the leaseholder has taken steps to prevent or mitigate the offending action, the amount of time that has passed since the criminal conduct occurred, whether the crime or conviction was related to a disability, and whether the individual has engaged in rehabilitative or community services.\n\n( 2 )  Exclusion of culpable household member.  The PHA may require a tenant to exclude a household member to continue to reside in the dwelling unit, where that household member has participated in or been culpable for action or failure to act that warrants termination.\n\n( 3 )  Consideration of rehabilitation.  In determining whether to terminate tenancy for illegal drug use or a pattern of illegal drug use by a household member who is no longer engaging in such use, or for abuse or a pattern of abuse of alcohol by a household member who is no longer engaging in such abuse, the PHA may consider whether such household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully (42 U.S.C. 13662). For this purpose, the PHA may require the tenant to submit evidence of the household member's current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully.\n\n( 4 )  Nondiscrimination limitation.  The PHA's eviction actions must be consistent with fair housing and equal opportunity provisions of \u00a7 5.105 of this title.\n\n(12)  No automatic lease renewal.  Upon expiration of the lease term, the lease shall not automatically renew.\n\n(13)  Grievance procedures.  The lease may include hearing or grievance procedures and may explain when the procedures are available to the family.\n\n(14)  Provision for modifications.  The lease may be modified at any time by written agreement of the tenant and the PHA. The lease must provide that modification of the lease must be evidenced by a written rider or amendment to the lease, executed by both parties, except as permitted under \u00a7 966.5 of this chapter, which allows modifications of the lease by posting of policies, rules and regulations.\n\n(15)  Signature clause.  The lease must provide a signature clause attesting that the lease has been executed by the parties."], ["24:24:4.1.3.1.11.6.5.1", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "F", "Subpart F\u2014When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities", "", "\u00a7 960.600 Implementation.", "HUD", "", "", "[88 FR 9675, Feb. 14, 2023]", "PHAs and residents must comply with the requirements of this subpart beginning with PHA fiscal years that commence on or after October 1, 2000. Unless otherwise provided by \u00a7 903.11 of this chapter, Annual Plans submitted for those fiscal years are required to contain information regarding the PHA's compliance with the community service requirement, as described in \u00a7 903.7 of this chapter. Non-public housing over-income families are not required to comply with the requirements of this subpart."], ["24:24:4.1.3.1.11.6.5.2", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "F", "Subpart F\u2014When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities", "", "\u00a7 960.601 Definitions.", "HUD", "", "", "[65 FR 16729, Mar. 29, 2000, as amended at 88 FR 9675, Feb. 14, 2023]", "(a)  Definitions found elsewhere \u2014(1)  General definitions.  The following terms are defined in part 5, subpart A of this title:  public housing, public housing agency  (PHA).\n\n(2)  Definitions concerning income and rent.  The following terms are defined in part 5, subpart F of this title:  economic self-sufficiency program, work activities.\n\n(b)  Other definitions.  In addition to the definitions in paragraph (a) of this section, the following definitions apply:\n\nCommunity service.  The performance of voluntary work or duties that are a public benefit, and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not employment and may not include political activities.\n\nExempt individual.  An adult who:\n\n(1) Is 62 years or older;\n\n(2)(i) Is a blind or disabled individual, as defined under Section 216(i)(1) or Section 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who certifies that because of this disability she or he is unable to comply with the service provisions of this subpart, or\n\n(ii) Is a primary caretaker of such individual;\n\n(3) Is engaged in work activities;\n\n(4) Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601  et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program;\n\n(5) Is a member of a family receiving assistance, benefits or services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601  et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such a program; or\n\n(6) is a member of a non-public housing over-income family.\n\nService requirement.  The obligation of each adult resident, other than an exempt individual, to perform community service or participate in an economic-self sufficiency program required in accordance with \u00a7 960.603."], ["24:24:4.1.3.1.11.6.5.3", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "F", "Subpart F\u2014When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities", "", "\u00a7 960.603 General requirements.", "HUD", "", "", "", "(a)  Service requirement.  Except for any family member who is an exempt individual, each adult resident of public housing must:\n\n(1) Contribute 8 hours per month of community service (not including political activities); or\n\n(2) Participate in an economic self-sufficiency program for 8 hours per month; or\n\n(3) Perform 8 hours per month of combined activities as described in paragraphs (a)(1) and (a)(2) of this section.\n\n(b)  Family violation of service requirement.  The lease shall specify that it shall be renewed automatically for all purposes, unless the family fails to comply with the service requirement. Violation of the service requirement is grounds for nonrenewal of the lease at the end of the twelve month lease term, but not for termination of tenancy during the course of the twelve month lease term (see \u00a7 966.4(l)(2)(i) of this chapter)."], ["24:24:4.1.3.1.11.6.5.4", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "F", "Subpart F\u2014When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities", "", "\u00a7 960.605 How PHA administers service requirements.", "HUD", "", "", "[65 FR 16729, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016]", "(a)  PHA policy.  Each PHA must develop a local policy for administration of the community service and economic self-sufficiency requirements for public housing residents.\n\n(b)  Administration of qualifying community service or self-sufficiency activities for residents.  The PHA may administer qualifying community service or economic self-sufficiency activities directly, or may make such activities available through a contractor, or through partnerships with qualified organizations, including resident organizations, and community agencies or institutions.\n\n(c)  PHA responsibilities.  (1) The PHA policy must describe how the PHA determines which family members are subject to or exempt from the service requirement, and the process for determining any changes to exempt or non-exempt status of family members.\n\n(2) The PHA must give the family a written description of the service requirement, and of the process for claiming status as an exempt person and for PHA verification of such status. The PHA must also notify the family of its determination identifying the family members who are subject to the service requirement, and the family members who are exempt persons. The PHA must also notify the family that it will be validating a sample of self-certifications of completion of the service requirement accepted by the PHA under \u00a7 960.607(a)(1)(ii).\n\n(3) The PHA must review family compliance with service requirements and must verify such compliance annually at least 30 days before the end of the 12-month lease term. If qualifying activities are administered by an organization other than the PHA, the PHA may obtain verification of family compliance from such third parties or may accept a signed certification from the family member that he or she has performed such qualifying activities.\n\n(4) The PHA must retain reasonable documentation of service requirement performance or exemption in a participant family's files.\n\n(5) The PHA must comply with non-discrimination and equal opportunity requirements listed at \u00a7 5.105(a) of this title and affirmatively further fair housing in all their activities in accordance with the AFFH Certification as described in \u00a7 903.7(o) of this chapter."], ["24:24:4.1.3.1.11.6.5.5", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "F", "Subpart F\u2014When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities", "", "\u00a7 960.607 Assuring resident compliance.", "HUD", "", "", "[65 FR 16729, Mar. 29, 2000, as amended at 81 FR 12374, Mar. 8, 2016]", "(a)  Acceptable documentation demonstrating compliance.  (1) If qualifying activities are administered by an organization other than the PHA, a family member who is required to fulfill a service requirement must provide one of the following:\n\n(i) A signed certification to the PHA by such other organization that the family member has performed such qualifying activities; or\n\n(ii) A signed self-certification to the PHA by the family member that he or she has performed such qualifying activities.\n\n(2) The signed self-certification must include the following:\n\n(i) A statement that the tenant contributed at least 8 hours per month of community service not including political activities within the community in which the adult resides; or participated in an economic self-sufficiency program (as that term is defined in 24 CFR 5.603(b)) for at least 8 hours per month;\n\n(ii) The name, address, and a contact person at the community service provider; or the name, address, and contact person for the economic self-sufficiency program;\n\n(iii) The date(s) during which the tenant completed the community service activity, or participated in the economic self-sufficiency program;\n\n(iv) A description of the activity completed; and\n\n(v) A certification that the tenant's statement is true.\n\n(3) If a PHA accepts self-certifications under paragraph (a)(1)(ii) of this section, the PHA must validate a sample of such self-certifications using third-party certification described in paragraph (a)(1)(i) of this section.\n\n(b)  PHA notice of noncompliance.  (1) If the PHA determines that there is a family member who is required to fulfill a service requirement, but who has violated this family obligation (noncompliant resident), the PHA must notify the tenant of this determination.\n\n(2) The PHA notice to the tenant must:\n\n(i) Briefly describe the noncompliance;\n\n(ii) State that the PHA will not renew the lease at the end of the twelve month lease term unless:\n\n(A) The tenant, and any other noncompliant resident, enter into a written agreement with the PHA, in the form and manner required by the PHA, to cure such noncompliance, and in fact cure such noncompliance in accordance with such agreement; or\n\n(B) The family provides written assurance satisfactory to the PHA that the tenant or other noncompliant resident no longer resides in the unit.\n\n(iii) State that the tenant may request a grievance hearing on the PHA determination, in accordance with part 966, subpart B of this chapter, and that the tenant may exercise any available judicial remedy to seek timely redress for the PHA's nonrenewal of the lease because of such determination.\n\n(c)  Tenant agreement to comply with service requirement.  If the tenant or another family member has violated the service requirement, the PHA may not renew the lease upon expiration of the term unless:\n\n(1) The tenant, and any other noncompliant resident, enter into a written agreement with the PHA, in the form and manner required by the PHA, to cure such noncompliance by completing the additional hours of community service or economic self-sufficiency activity needed to make up the total number of hours required over the twelve-month term of the new lease, and\n\n(2) All other members of the family who are subject to the service requirement are currently complying with the service requirement or are no longer residing in the unit."], ["24:24:4.1.3.1.11.6.5.6", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "F", "Subpart F\u2014When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities", "", "\u00a7 960.609 Prohibition against replacement of PHA employees.", "HUD", "", "", "", "In implementing the service requirement under this subpart, the PHA may not substitute community service or self-sufficiency activities performed by residents for work ordinarily performed by PHA employees, or replace a job at any location where residents perform activities to satisfy the service requirement."], ["24:24:4.1.3.1.11.7.5.1", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "G", "Subpart G\u2014Pet Ownership in Public Housing", "", "\u00a7 960.701 Purpose.", "HUD", "", "", "", "The purpose of this subpart is, in accordance with section 31 of the United States Housing Act of 1937 (42 U.S.C. 1437z-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the public housing agency (PHA) for pet ownership."], ["24:24:4.1.3.1.11.7.5.2", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "G", "Subpart G\u2014Pet Ownership in Public Housing", "", "\u00a7 960.703 Applicability.", "HUD", "", "", "", "This subpart applies to public housing as that term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)), except that such term does not include public housing developments for the elderly or persons with disabilities. Regulations that apply to pet ownership in such developments are located in part 5, subpart C, of this title."], ["24:24:4.1.3.1.11.7.5.3", 24, "Housing and Urban Development", "IX", "", "960", "PART 960\u2014ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING", "G", "Subpart G\u2014Pet Ownership in Public Housing", "", "\u00a7 960.705 Animals that assist, support, or provide service to persons with disabilities.", "HUD", "", "", "", "(a) This subpart G does not apply to animals that assist, support or provide service to persons with disabilities. PHAs may not apply or enforce any policies established under this subpart against animals that are necessary as a reasonable accommodation to assist, support or provide service to persons with disabilities. This exclusion applies to such animals that reside in public housing, as that term is used in \u00a7 960.703, and such animals that visit these developments.\n\n(b) Nothing in this subpart G:\n\n(1) Limits or impairs the rights of persons with disabilities;\n\n(2) Authorizes PHAs to limit or impair the rights of persons with disabilities; or\n\n(3) Affects any authority that PHAs may have to regulate service animals that assist, support or provide service to persons with disabilities, under Federal, State, or local law."]], "truncated": false, "filtered_table_rows_count": 101, "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": "960"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=960", "results": [{"value": 10, "label": 10, "count": 50, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&title_number=10", "selected": false}, {"value": 24, "label": 24, "count": 32, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&title_number=24", "selected": false}, {"value": 15, "label": 15, "count": 19, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&title_number=15", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=960", "results": [{"value": "DOE", "label": "DOE", "count": 50, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&agency=DOE", "selected": false}, {"value": "HUD", "label": "HUD", "count": 32, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&agency=HUD", "selected": false}, {"value": "NOAA", "label": "NOAA", "count": 19, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&agency=NOAA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=960", "results": [{"value": "960", "label": "960", "count": 101, "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=960&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&_facet=amendment_citations"}], "next": "24~3A24~3A4~2E1~2E3~2E1~2E11~2E7~2E5~2E3,24~3A24~3A4~2E1~2E3~2E1~2E11~2E7~2E5~2E3", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=960&_next=24~3A24~3A4~2E1~2E3~2E1~2E11~2E7~2E5~2E3%2C24~3A24~3A4~2E1~2E3~2E1~2E11~2E7~2E5~2E3&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 12.815731926821172, "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"}