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219 rows where part_number = 108 sorted by section_id
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| 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 |
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| 21:21:2.0.1.1.8.1.1.1 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | A | Subpart A—General Provisions | § 108.3 Definitions. | FDA | (a) The definitions contained in section 201 of the Federal Food, Drug, and Cosmetic Act are applicable to such terms when used in this part. (b) Commissioner means the Commissioner of Food and Drugs. (c) Act means the Federal Food, Drug, and Cosmetic Act, as amended. (d) Permit means an emergency permit issued by the Commissioner pursuant to section 404 of the act for such temporary period of time as may be necessary to protect the public health. (e) Manufacture, processing, or packing of food in any locality means activities conducted in a single plant or establishment, a series of plants under a single management, or all plants in an industry or region, by a manufacturer, processor, or packer. | ||||
| 21:21:2.0.1.1.8.1.1.2 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | A | Subpart A—General Provisions | § 108.5 Determination of the need for a permit. | FDA | [42 FR 14334, Mar. 15, 1977, as amended at 54 FR 24891, June 12, 1989; 61 FR 14479, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001] | (a) Whenever the Commissioner determines after investigation that a manufacturer, processor, or packer of a food for which a regulation has been promulgated in subpart B of this part does not meet the mandatory conditions and requirements established in such regulation, he shall issue to such manufacturer, processor, or packer an order determining that a permit shall be required before the food may be introduced or delivered for introduction into interstate commerce by that person. The order shall specify the mandatory conditions and requirements with which there is a lack of compliance. (1) The manufacturer, processor, or packer shall have 3 working days after receipt of such order within which to file objections. Such objections may be filed by telegram, telex, or any other mode of written communication addressed to the Center for Food Safety and Applied Nutrition, Food and Drug Administration (HFS-605), 5001 Campus Dr., College Park, MD 20740. If such objections are filed, the determination is stayed pending a hearing to be held within 5 working days after the filing of objections on the issues involved unless the Commissioner determines that the objections raise no genuine and substantial issue of fact to justify a hearing. (2) If the Commissioner finds that there is an imminent hazard to health, the order shall contain this finding and the reasons therefor, and shall state that the determination of the need for a permit is effective immediately pending an expedited hearing. (b) A hearing under this section shall be conducted by the Commissioner or his designee at a location agreed upon by the objector and the Commissioner or, if such agreement cannot be reached, at a location designated by the Commissioner. The manufacturer, processor, or packer shall have the right to cross-examine the Food and Drug Administration's witnesses and to present witnesses on his own behalf. (c) Within 5 working days after the hearing, and based on the evidence presented at the hearing, the Commissioner shall determine whethe… | |||
| 21:21:2.0.1.1.8.1.1.3 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | A | Subpart A—General Provisions | § 108.6 Revocation of determination of need for permit. | FDA | (a) A permit shall be required only during such temporary period as is necessary to protect the public health. (b) Whenever the Commissioner has reason to believe that a permit holder is in compliance with the mandatory requirements and conditions established in subpart B of this part and is likely to remain in compliance, he shall, on his own initiative or on the application of the permit holder, revoke both the determination of need for a permit and the permit that had been issued. If denied, the applicant shall, upon request, be afforded a hearing conducted in accordance with § 108.5 (b) and (c) as soon as practicable. Such revocation is without prejudice to the initiation of further permit proceedings with respect to the same manufacturer, processor, or packer should later information again show the need for a permit. | ||||
| 21:21:2.0.1.1.8.1.1.4 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | A | Subpart A—General Provisions | § 108.7 Issuance or denial of permit. | FDA | (a) After a determination and notification by the Commissioner in accordance with the provisions of § 108.5 that a manufacturer, processor, or packer requires a permit, such manufacturer, processor, or packer may not thereafter introduce or deliver for introduction into interstate commerce any such food manufactured, processed, or packed by him unless he holds a permit issued by the Commissioner or obtains advance written approval of the Food and Drug Administration pursuant to § 108.12(a). (b) Any manufacturer, processor, or packer for whom the Commissioner has made a determination that a permit is necessary may apply to the Commissioner for the issuance of such a permit. The application shall contain such data and information as is necessary to show that all mandatory requirements and conditions for the manufacturer, processing or packing of a food for which regulations are established in subpart B of this part are met and, in particular, shall show that the deviations specified in the Commissioner's determination of the need for a permit have been corrected or suitable interim measures established. Within 10 working days after receipt of such application, (except that the Commissioner may extend such time an additional 10 working days where necessary), the Commissioner shall issue a permit, deny the permit, or offer the applicant a hearing conducted in accordance with § 108.5 (b) and (c) as to whether the permit should be issued. The Commissioner shall issue such a permit to which shall be attached, in addition to the mandatory requirements and conditions of subpart B of this part, any additional requirements or conditions which may be necessary to protect the public health if he finds that all mandatory requirements and conditions of subpart B of this part are met or suitable interim measures are established. (c) Denial of a permit constitutes final agency action from which appeal lies to the courts. The Commissioner will not stay such denial pending court appeal except in unusual circumstances, but will pa… | ||||
| 21:21:2.0.1.1.8.1.1.5 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | A | Subpart A—General Provisions | § 108.10 Suspension and reinstatement of permit. | FDA | (a) Whenever the Commissioner finds that a permit holder is not in compliance with the mandatory requirements and conditions established by the permit, he shall immediately suspend the permit and so inform the permit holder, with the reasons for the suspension. (b) Upon application for reinstatement of a permit, the Commissioner shall, within 10 working days, reinstate the permit if he finds that the person is in compliance with the mandatory requirements and conditions established by the permit or deny the application. (c) Any person whose permit has been suspended or whose application for reinstatement has been denied may request a hearing. The hearing shall be conducted by the Commissioner or his designee within 5 working days of receipt of the request at a location agreed upon by the objector and the Commissioner or, if an agreement cannot be reached, at a location designated by the Commissioner. The permit holder shall have the right to present witnesses on his own behalf and to cross-examine the Food and Drug Administration's witnesses. (d) Within 5 working days after the hearing, and based on the evidence presented at the hearing, the Commissioner shall determine whether the permit shall be reinstated and shall so inform the permit holder, with the reasons for his decision. (e) Denial of an application for reinstatement of a permit constitutes final agency action from which appeal lies to the courts. The Commissioner will not stay such denial pending court appeal except in unusual circumstances, but will participate in expediting any such appeal. | ||||
| 21:21:2.0.1.1.8.1.1.6 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | A | Subpart A—General Provisions | § 108.12 Manufacturing, processing, or packing without a permit, or in violation of a permit. | FDA | (a) A manufacturer, processor, or packer may continue at his own risk to manufacture, process, or pack without a permit a food for which the Commissioner has determined that a permit is required. All food so manufactured, processed, or packed during such period without a permit shall be retained by the manufacturer, processor, or packer and may not be introduced or delivered for introduction into interstate commerce without the advance written approval of the Food and Drug Administration. Such approval may be granted only upon an adequate showing that such food is free from microorganisms of public health significance. The manufacturer, processor, or packer may provide to the Commissioner, for his consideration in making any such determination, an evaluation of the potential public health significance of such food by a competent authority in accordance with procedures recognized as being adequate to detect any potential hazard to public health. Within 20 working days after receipt of a written request for such written approval the Food and Drug Administration shall either issue such written approval or deny the request. If the request is denied, the applicant shall, upon request, be afforded a prompt hearing conducted in accordance with § 108.5 (b) and (c). (b) Except as provided in paragraph (a) of this section, no manufacturer, processor, or packer may introduce or deliver for introduction into interstate commerce without a permit or in violation of a permit a food for which the Commissioner has determined that a permit is required. Where a manufacturer, processor, or packer utilizes a consolidation warehouse or other storage facility under his control, interstate shipment of any such food from the point of production to that warehouse or storage facility shall not violate this paragraph, provided that no further introduction or delivery for introduction into interstate commerce is made from that consolidated warehouse or storage facility except as provided in paragraph (a) of this section. | ||||
| 21:21:2.0.1.1.8.1.1.7 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | A | Subpart A—General Provisions | § 108.19 Establishment of requirements for exemption from section 404 of the act. | FDA | [42 FR 14334, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977] | (a) Whenever the Commissioner finds after investigation that the distribution in interstate commerce of any class of food may, by reason of contamination with microorganisms during the manufacture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately determined after such articles have entered interstate commerce, he shall promulgate regulations in Subpart B of this part establishing requirements and conditions governing the manufacture, processing, or packing of the food necessary to protect the public health. Such regulations may be proposed by the Commissioner on his own initiative or in response to a petition from any interested person pursuant to part 10 of this chapter. (b) A manufacturer, processor, or packer of a food for which a regulation has been promulgated in subpart B of this part shall be exempt from the requirement for a permit only if he meets all of the mandatory requirements and conditions established in that regulation. | |||
| 21:21:2.0.1.1.8.2.1.1 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | B | Subpart B—Specific Requirements and Conditions for Exemption From or Compliance With an Emergency Permit | § 108.25 Acidified foods. | FDA | [44 FR 16207, Mar. 16, 1979, as amended at 54 FR 24891, June 12, 1989; 61 FR 14479, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 81 FR 46831, July 19, 2016] | (a) Inadequate or improper manufacture, processing, or packing of acidified foods may result in the distribution in interstate commerce of processed foods that may be injurious to health. The harmful nature of such foods cannot be adequately determined after these foods have entered into interstate commerce. The Commissioner of Food and Drugs therefore finds that, to protect the public health, it may be necessary to require any commercial processor, in any establishment engaged in the manufacture, processing, or packing of acidified foods, to obtain and hold a temporary emergency permit provided for under section 404 of the Federal Food, Drug, and Cosmetic Act. Such a permit may be required whenever the Commissioner finds, after investigation, that the commercial processor has failed to fulfill all the requirements of this section, including registration and filing of process information, and the mandatory portions of §§ 114.10, 114.80(a) (1) and (2), and (b), 114.83, 114.89, and 114.100 (b), (c), and (d) of this chapter as they relate to acidified foods. These requirements are intended to ensure safe manufacturing, processing, and packing processes and to permit the Food and Drug Administration to verify that these processes are being followed. Failure to meet these requirements shall constitute a prima facie basis for the immediate application of the emergency permit control provisions of section 404 of the act to that establishment, under the procedures established in subpart A of this part. (b) The definitions in § 114.3 of this chapter are applicable when those terms are used in this section. (c)(1) Registration. A commercial processor, when first engaging in the manufacture, processing, or packing of acidified foods in any State, as defined in section 201(a)(1) of the act, shall, not later than 10 days after first so engaging, register and file with the Food and Drug Administration on Form FDA 2541 (food canning establishment registration) information including, but not limited to, the name of the estab… | |||
| 21:21:2.0.1.1.8.2.1.2 | 21 | Food and Drugs | I | B | 108 | PART 108—EMERGENCY PERMIT CONTROL | B | Subpart B—Specific Requirements and Conditions for Exemption From or Compliance With an Emergency Permit | § 108.35 Thermal processing of low-acid foods packaged in hermetically sealed containers. | FDA | [42 FR 14334, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977; 54 FR 24891, June 12, 1989; 61 FR 14480, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 81 FR 46831, July 19, 2016] | (a) Inadequate or improper manufacture, processing, or packing of thermally processed low-acid foods in hermetically sealed containers may result in the distribution in interstate commerce of processed foods that may be injurious to health. The harmful nature of such foods cannot be adequately determined after these foods have entered into interstate commerce. The Commissioner of Food and Drugs therefore finds that, in order to protect the public health, it may be necessary to require any commercial processor, in any establishment engaged in the manufacture, processing, or packing of thermally processed low-acid foods in hermetically sealed containers, to obtain and hold a temporary emergency permit provided for under section 404 of the Federal Food, Drug, and Cosmetic Act. Such a permit may be required whenever the Commissioner finds, after investigation, that the commercial processor has failed to fulfill all the requirements of this section, including registration and the filing of process information, and the mandatory portions of part 113 of this chapter. These requirements are intended to ensure safe manufacture, processing, and packing procedures and to permit the Food and Drug Administration to verify that these procedures are being followed. Such failure shall constitute a prima facie basis for the immediate application of the emergency permit control provisions of section 404 of the act to that establishment, pursuant to the procedures established in subpart A of this part. (b) The definitions in § 113.3 of this chapter are applicable when such terms are used in this section. (c) Registration and process filing —(1) Registration. A commercial processor when first engaging in the manufacture, processing, or packing of thermally processed low-acid foods in hermetically sealed containers in any State, as defined in section 201(a)(1) of the act, shall, not later than 10 days after first so engaging, register with the Food and Drug Administration on Form FDA 2541 (food canning establishment registration… | |||
| 24:24:1.2.1.1.5.0.67.1 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.1 Purpose and application. | HUD | [44 FR 47013, Aug. 9, 1979, as amended at 50 FR 9268, Mar. 7, 1985; 64 FR 44095, Aug. 12, 1999] | (a) The primary purpose of this regulation is to establish procedures for determining whether or not an applicant's actions are in compliance with its approved Affirmative Fair Housing Marketing (AFHM) plan, AFHM Regulation (24 CFR 200.600), and AFHM requirements in Departmental programs. (b) These regulations apply to all applicants for participation in subsidized and unsubsidized housing programs administered by the Department of Housing and Urban Development and to all other persons subject to Affirmative Fair Housing Marketing requirements in Department programs. (c) The term applicant includes: (1) All persons whose applications are approved for development or rehabilitation of: Subdivisions; multifamily projects; manufactured home parks of five or more lots, units or spaces; or dwelling units, when the applicant's participation in FHA housing programs has exceeded, or would thereby exceed, development of five or more such dwelling units during the year preceding the application, except that there shall not be included in a determination of the number of dwelling units developed or rehabilitated by an applicant, those in which a single family dwelling is constructed or rehabilitated for occupancy by a mortgagor on property owned by the mortgagor and in which the applicant had no interest prior to entering into the contract for construction or rehabilitation. For the purposes of this definition, a person remains an applicant from the date of submission of an application through duration of receipt of assistance pursuant to such application. (2) All other persons subject to AFHM requirements in Departmental programs. (d) The term person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives or agents, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and public entities. (e) The term monitoring office includes any office within HUD designated by HUD t… | ||||||
| 24:24:1.2.1.1.5.0.67.10 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.50 Sanctions. | HUD | Applicants failing to comply with the requirements of these regulations, the AFHM regulations, or an AFHM plan will make themselves liable to sanctions authorized by law, regulations, agreements, rules, or policies governing the program pursuant to which the application was made, including, but not limited to, denial of further participation in Departmental programs and referral to the Department of Justice for suit by the United States for injunctive or other appropriate relief. | |||||||
| 24:24:1.2.1.1.5.0.67.2 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.5 Authority. | HUD | The regulations in this part are issued pursuant to the authority to issue regulations granted to the Secretary by section 7(d) of the Department of Housing and Urban Development Act of 1965, 42 U.S.C. 3535(d). They implement the functions, powers, and duties imposed on the Secretary by Executive Order 11063, 27 FR 11527 and title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3608. | |||||||
| 24:24:1.2.1.1.5.0.67.3 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.15 Pre-occupancy conference. | HUD | [44 FR 47013, Aug. 9, 1979, as amended at 48 FR 20903, May 10, 1983; 64 FR 44095, Aug. 12, 1999] | Applicants shall submit a Notification of Intent to Begin Marketing to the monitoring office no later than 90 days prior to engaging in sales or rental marketing activities. Upon receipt of the Notification of Intent to Begin Marketing from the applicant, the monitoring office shall review any previously approved plan and may schedule a pre-occupancy conference. Such pre-occupancy conference shall be held prior to initiation of sales or rental marketing activities. At this conference, the previously approved AFHM plan shall be reviewed with the applicant to determine if the plan, and/or its proposed implementation, requires modification previous to initiation of marketing in order to achieve the objectives of the AFHM regulation and the plan. | ||||||
| 24:24:1.2.1.1.5.0.67.4 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.20 Monitoring office responsibility for monitoring plans and reports. | HUD | [64 FR 44096, Aug. 12, 1999] | (a) Submission of documentation. Pursuant to initiation of marketing, the applicant shall submit to the monitoring office reports documenting the implementation of the AFHM plan, including sales or rental reports, as required by the Department. Copies of such documentation shall be forwarded to the civil rights/compliance reviewing office by the monitoring office as requested. (b) Monitoring of AFHM plan. The monitoring office is responsible for monitoring AFHM plans and providing technical assistance to the applicant in preparation or modification of such plans during the period of development and initial implementation. (c) Review of applicant's reports. Each sales or rental report shall be reviewed by the monitoring office as it is received. When sales or rental reports show that 20% of the units covered by the AFHM plan have been sold or rented, or whenever it appears that the plan may not accomplish its intended objective, the monitoring office shall notify the civil rights/compliance reviewing office. (d) Failure of applicant to file documentation. If the applicant fails to file required documentation, the applicant shall be sent a written notice indicating that if the delinquent documentation is not submitted to the monitoring office within 10 days from date of receipt of the notice, the matter will be referred to the civil rights/compliance reviewing office by the monitoring office for action which may lead to the imposition of sanctions. | ||||||
| 24:24:1.2.1.1.5.0.67.5 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.21 Civil rights/compliance reviewing office compliance responsibility. | HUD | [64 FR 44096, Aug. 12, 1999] | The civil rights/compliance reviewing office shall be responsible for determining whether an applicant's actions are in apparent compliance with its approved AFHM plan, the AFHM regulations, and this part and for determining changes or modifications necessary in the plan after initiation of marketing. | ||||||
| 24:24:1.2.1.1.5.0.67.6 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.25 Compliance meeting. | HUD | [44 FR 47013, Aug. 9, 1979, as amended at 64 FR 44096, Aug. 12, 1999] | (a) Scheduling meeting. If an applicant fails to comply with requirements under § 108.15 or § 108.20 or it appears that the goals of the AFHM plan may not be achieved, or that the implementation of the Plan should be modified, the civil rights/compliance reviewing office shall schedule a meeting with the applicant. The meeting shall be held at least ten days before the next sales or rental report is due. The purpose of the compliance meeting is to review the applicant's compliance with AFHM requirements and the implementation of the AFHM Plan and to indicate any changes or modifications which may be required in the Plan. (b) Notice of Compliance Meeting. A Notice of Compliance Meeting shall be sent to the last known address of the applicant, by certified mail or through personal service. The Notice will advise the applicant of the right to respond within seven (7) days to the matters identified as subjects of the meeting and to submit information and relevant data evidencing compliance with the AFHM regulations, the AFHM Plan, Executive Order 11063 and title VIII of the Civil Rights Act of 1968, when appropriate. If the applicant is a small entity, as defined by the regulations of the Small Business Administration, the Notice shall include notification that the entity may submit comment on HUD's actions to the Small Business and Agriculture Regulatory Enforcement Ombudsman, and shall include the appropriate contact information. (c) Applicant data required. The applicant will be requested in writing to provide, prior to or at the compliance meeting, specific documents, records, and other information relevant to compliance, including but not limited to: (1) Copies or scripts of all advertising in the Standard Metropolitan Statistical Area (SMSA) or housing market area, as appropriate, including newspaper, radio and television advertising, and a photograph of any sale or rental sign at the site of construction; (2) Copies of brochures and other printed material used in connection with sales or rentals; (3… | ||||||
| 24:24:1.2.1.1.5.0.67.7 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.35 Complaints. | HUD | [44 FR 47013, Aug. 9, 1979, as amended at 64 FR 44096, Aug. 12, 1999] | Individuals and private and public entities may file complaints alleging violations of the AFHM regulations or an approved AFHM plan with any monitoring office, civil rights/compliance reviewing office, or with the Assistant Secretary for FH&EO. Complaints will be referred to the civil rights/compliance reviewing office. Where there is an allegation of a violation of title VIII the complaint also will be processed under part 105. | ||||||
| 24:24:1.2.1.1.5.0.67.8 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.40 Compliance reviews. | HUD | [44 FR 47013, Aug. 9, 1979, as amended at 64 FR 44096, Aug. 12, 1999] | (a) General. All compliance reviews shall be conducted by the civil rights/compliance reviewing office. Complaints alleging a violation(s) of the AFHM regulations, or information ascertained in the absence of a complaint indicating an applicant's failure to comply with an AFHM plan, shall be referred immediately to the civil rights/compliance reviewing office. The monitoring office shall be notified as appropriate of all alleged violations of the AFHM regulations or alleged failure to comply with an AFHM plan. (b) Initiation of compliance reviews. Even in the absence of a complaint or other information indicating noncompliance pursuant to paragraph (a), the civil rights/compliance reviewing office may conduct periodic compliance reviews throughout the life of the mortgage in the case of multi-family projects and throughout the duration of the Housing Assistance Payments Contract with the Department in the case of housing assisted under section 8 of the United States Housing Act of 1937, as amended, 42 U.S.C. 1437. (c) Nature of compliance reviews. The purpose of a compliance review is to determine whether the applicant is in compliance with the Department's AFHM requirements and the applicant's approved AFHM plan. Where allegations under this part may also constitute a violation of the provisions of Executive Order 11063 or title VIII, the review will also determine compliance with the requirements thereof. The applicant shall be given at least five (5) days notice of the time set for any compliance review and the place or places for such review. The compliance review will cover the following areas: (1) Applicant's sales and rental practices, including practices in soliciting buyers and tenants, determining eligibility, selecting and rejecting buyers and renters, and in concluding sales and rental transactions. (2) Programs to attract minority and majority buyers and renters regardless of sex, including: (i) Use of advertising media, brochures, and pamphlets; (ii) Conformance with both the Department'… | ||||||
| 24:24:1.2.1.1.5.0.67.9 | 24 | Housing and Urban Development | I | 108 | PART 108—COMPLIANCE PROCEDURES FOR AFFIRMATIVE FAIR HOUSING MARKETING | § 108.45 Compliance report. | HUD | [44 FR 47013, Aug. 9, 1979, as amended at 64 FR 44097, Aug. 12, 1999] | Following a compliance review, a report shall be prepared promptly and the Assistant Secretary for FH&EO shall make a finding of compliance or noncompliance. If it is found that the applicant is in compliance, all parties concerned shall be notified of the findings. Whenever a finding of noncompliance is made pursuant to this part, the report shall list specifically the violations found. The applicant shall be sent a copy of the report by certified mail, return receipt requested, together with a notice that, if the matter cannot be resolved within ten days of receipt of the Notice, the matter will be referred to the Assistant Secretary for FH&EO to make a determination as to whether actions will be initiated for the imposition of sanctions. | ||||||
| 34:34:1.2.1.1.6.0.113.1 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.1 Purpose. | ED | The purpose of this part is to implement the Boy Scouts of America Equal Access Act, 20 U.S.C. 7905. | |||||||
| 34:34:1.2.1.1.6.0.113.2 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.2 Applicability. | ED | This part applies to any public elementary school, public secondary school, local educational agency, or State educational agency that has a designated open forum or limited public forum and that receives funds made available through the Department. | |||||||
| 34:34:1.2.1.1.6.0.113.3 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.3 Definitions. | ED | The following definitions apply to this part: (a) Act means the Boy Scouts of America Equal Access Act, section 9525 of the Elementary and Secondary Education Act of 1965, as amended by section 901 of the No Child Left Behind Act of 2001, Pub. L. 107-110, 115 Stat. 1425, 1981-82 (20 U.S.C. 7905). (b) Boy Scouts means the organization named “Boy Scouts of America,” which has a Federal charter and which is listed as an organization in title 36 of the United States Code (Patriotic and National Observances, Ceremonies, and Organizations) in Subtitle II (Patriotic and National Organizations), Part B (Organizations), Chapter 309 (Boy Scouts of America). (c) Covered entity means any public elementary school, public secondary school, local educational agency, or State educational agency that has a designated open forum or limited public forum and that receives funds made available through the Department. (d) Department means the Department of Education. (e) Designated open forum means that an elementary school or secondary school designates a time and place for one or more outside youth or community groups to meet on school premises or in school facilities, including during the hours in which attendance at the school is compulsory, for reasons other than to provide the school's educational program. (f) Elementary school means an elementary school as defined by section 9101(18) of the Elementary and Secondary Education Act of 1965, as amended by section 901 of the No Child Left Behind Act of 2001, Pub. L. 107-110, 115 Stat. 1425, 1958 (20 U.S.C. 7801). (g) Group officially affiliated with any other Title 36 youth group means a youth group resulting from the chartering process or other process used by that Title 36 youth group to establish official affiliation with youth groups. (h) Group officially affiliated with the Boy Scouts means a youth group formed as a result of a community organization charter issued by the Boy Scouts. (i) Limited public forum means that an elementary school or secondar… | |||||||
| 34:34:1.2.1.1.6.0.113.4 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.4 Effect of State or local law. | ED | The obligation of a covered entity to comply with the Act and this part is not obviated or alleviated by any State or local law or other requirement. | |||||||
| 34:34:1.2.1.1.6.0.113.5 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.5 Compliance obligations. | ED | (a) The obligation of covered entities to comply with the Act and this part is not limited by the nature or extent of their authority to make decisions about the use of school premises or facilities. (b) Consistent with the requirements of § 108.6, a covered entity must provide equal access to any group that is officially affiliated with the Boy Scouts or is officially affiliated with any other Title 36 youth group. A covered entity may require that any group seeking equal access inform the covered entity whether the group is officially affiliated with the Boy Scouts or is officially affiliated with any other Title 36 youth group. A covered entity's failure to request this information is not a defense to a covered entity's noncompliance with the Act or this part. | |||||||
| 34:34:1.2.1.1.6.0.113.6 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.6 Equal access. | ED | (a) General. Consistent with the requirements of paragraph (b) of this section, no covered entity shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts or officially affiliated with any other Title 36 youth group that requests to conduct a meeting within that covered entity's designated open forum or limited public forum. No covered entity shall deny that access or opportunity or discriminate for reasons including the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts or of the Title 36 youth group. (b) Specific requirements —(1) Meetings. Any group officially affiliated with the Boy Scouts or officially affiliated with any other Title 36 youth group that requests to conduct a meeting in the covered entity's designated open forum or limited public forum must be given equal access to school premises or facilities to conduct meetings. (2) Benefits and services. Any group officially affiliated with the Boy Scouts or officially affiliated with any other Title 36 youth group that requests to conduct a meeting as described in paragraph (b)(1) of this section must be given equal access to any other benefits and services provided to one or more outside youth or community groups that are allowed to meet in that same forum. These benefits and services may include, but are not necessarily limited to, school-related means of communication, such as bulletin board notices and literature distribution, and recruitment. (3) Fees. Fees may be charged in connection with the access provided under the Act and this part. (4) Terms. Any access provided under the Act and this part to any group officially affiliated with the Boy Scouts or officially affiliated with any other Title 36 youth group, as well as any fees charged for this access, must be on terms that are no less favorable than the most favorable terms provided to one or more outside youth or community groups. (5) Nondiscrimination. Any d… | |||||||
| 34:34:1.2.1.1.6.0.113.7 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.7 Voluntary sponsorship. | ED | Nothing in the Act or this part shall be construed to require any school, agency, or school served by an agency to sponsor any group officially affiliated with the Boy Scouts or with any other Title 36 youth group. | |||||||
| 34:34:1.2.1.1.6.0.113.8 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.8 Assurances. | ED | An applicant for funds made available through the Department to which this part applies must submit an assurance that the applicant will comply with the Act and this part. The assurance shall be in effect for the period during which funds made available through the Department are extended. The Department specifies the form of the assurance, including the extent to which assurances will be required concerning the compliance obligations of subgrantees, contractors and subcontractors, and other participants, and provisions that give the United States a right to seek its judicial enforcement. An applicant may incorporate this assurance by reference in subsequent applications to the Department. | |||||||
| 34:34:1.2.1.1.6.0.113.9 | 34 | Education | I | 108 | PART 108—EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES FOR THE BOY SCOUTS OF AMERICA AND OTHER DESIGNATED YOUTH GROUPS | § 108.9 Procedures. | ED | The procedural provisions applicable to title VI of the Civil Rights Act of 1964, which are found in 34 CFR 100.6 through 100.11 and 34 CFR part 101, apply to this part, except that, notwithstanding these provisions and any other provision of law, no funds made available through the Department shall be provided to any school, agency, or school served by an agency that fails to comply with the Act or this part. | |||||||
| 40:40:24.0.1.1.4.0.6.1 | 40 | Protection of Environment | I | D | 108 | PART 108—EMPLOYEE PROTECTION HEARINGS | § 108.1 Applicability. | EPA | This part shall be applicable to investigations and hearings required by section 507(e) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (Pub. L. 92-500). | ||||||
| 40:40:24.0.1.1.4.0.6.2 | 40 | Protection of Environment | I | D | 108 | PART 108—EMPLOYEE PROTECTION HEARINGS | § 108.2 Definitions. | EPA | As used in this part, the term: (a) Act means the Federal Water Pollution Control Act, as amended; (b) Effluent limitation means any effluent limitation which is established as a condition of a permit issued or proposed to be issued by a State or by the Environmental Protection Agency pursuant to section 402 of the Act; any toxic or pretreatment effluent standard established under section 307 of the Act; any standard of performance established under section 306 of the Act; and any effluent limitation established under section 302, section 316, or section 318 of the Act. (c) Order means any order issued by the Administrator under section 309 of the Act; any order issued by a State to secure compliance with a permit, or condition thereof, issued under a program approved pursuant to section 402 of the Act; or any order issued by a court in an action brought pursuant to section 309 or section 505 of the Act. (d) Party means an employee filing a request under § 108.3, any employee similarly situated, the employer of any such employee, and the Regional Administrator or his designee. (e) Administrator or Regional Administrator means the Administrator or a Regional Administrator of the Environmental Protection Agency. | ||||||
| 40:40:24.0.1.1.4.0.6.3 | 40 | Protection of Environment | I | D | 108 | PART 108—EMPLOYEE PROTECTION HEARINGS | § 108.3 Request for investigation. | EPA | Any employee who is discharged or laid-off, threatened with discharge or lay-off, or otherwise discriminated against by any person because of the alleged results of any effluent limitation or order issued under the Act, or any representative of such employee, may submit a request for an investigation under this part to the Regional Administrator of the region in which such discrimination is alleged to have occurred. | ||||||
| 40:40:24.0.1.1.4.0.6.4 | 40 | Protection of Environment | I | D | 108 | PART 108—EMPLOYEE PROTECTION HEARINGS | § 108.4 Investigation by Regional Administrator. | EPA | Upon receipt of any request meeting the requirements of § 108.3, the Regional Administrator shall conduct a full investigation of the matter, in order to determine whether the request may be related to an effluent limitation or order under the Act. Following the investigation, the Regional Administrator shall notify the employee requesting the investigation (or the employee's representative) and the employer of such employee, in writing, of his preliminary findings and conclusions. The employee, the representative of such employee, or the employer may within fifteen days following receipt of the preliminary findings and conclusions of the Regional Administrator request a hearing under this part. Upon receipt of such a request, the Regional Administrator, with the concurrence of the Chief Administrative Law Judge, shall publish notice of a hearing to be held not less than 30 days following the date of such publication where he determines that there are factual issues concerning the existence of the alleged discrimination or its relationship to an effluent limitation or order under the Act. The notice shall specify a date before which any party (or representative of such party) may submit a request to appear. | ||||||
| 40:40:24.0.1.1.4.0.6.5 | 40 | Protection of Environment | I | D | 108 | PART 108—EMPLOYEE PROTECTION HEARINGS | § 108.5 Procedure. | EPA | Any hearing held pursuant to this part shall be of record and shall be conducted according to the requirements of 5 U.S.C. 554. The Administrative Law Judge shall conduct the hearing in an orderly and expeditious manner. By agreement of the parties, he may dismiss the hearing. The Administrative Law Judge, on his own motion, or at the request of any party, shall have the power to hold prehearing conferences, to issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. The Regional Administrator, and any party submitting a request pursuant to § 108.3 or § 108.4, or counsel or other representative of such party or the Regional Administrator, may appear and offer evidence at the hearing. | ||||||
| 40:40:24.0.1.1.4.0.6.6 | 40 | Protection of Environment | I | D | 108 | PART 108—EMPLOYEE PROTECTION HEARINGS | § 108.6 Recommendations. | EPA | At the conclusion of any hearing under this part, the Administrative Law Judge shall, based on the record, issue tentative findings of fact and recommendations concerning the alleged discrimination, and shall submit such tentative findings and recommendations to the Administrator. The Administrator shall adopt or modify the findings and recommendations of the Administrative Law Judge, and shall make copies of such findings and recommendations available to the complaining employee, the employer, and the public. | ||||||
| 40:40:24.0.1.1.4.0.6.7 | 40 | Protection of Environment | I | D | 108 | PART 108—EMPLOYEE PROTECTION HEARINGS | § 108.7 Hearing before Administrator. | EPA | At his option, the Administrator may exercise any powers of an Administrative Law Judge with respect to hearings under this part. | ||||||
| 46:46:4.0.1.2.12.1.19.1 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | A | Subpart A—General | § 108.101 Incorporation by reference. | USCG | [USCG-2012-0196, 81 FR 48266, July 22, 2016] | (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html . (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428, 877-909-2786, http://www.astm.org . (1) ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, IBR approved for § 108.500(b). (2) ASTM F 1014-92, Standard Specification for Flashlights on Vessels, IBR approved for § 108.497(b). (3) ASTM F1121-87 (Reapproved 2010), Standard Specification for International Shore Connections for Marine Fire Applications, (approved March 1, 2010), IBR approved for § 108.427(a). (c) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org . (1) Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements, 17 November 1983, IBR approved for § 108.105(c). (2) Resolution A.649(16), Code for the Construction and Equipment of Mobile Offshore Drilling Units (MODU Code),19 October 1989 with amendments of June 1991, IBR approved for § 108.503. (3) Resolution A.658(16), Use and Fitting of Retro-reflective Materials on Life-saving Appliances, 20 November 1989, IBR approved for §§ 108.645(a) and 108.649(a) and (e). (4) Resolution A.760(18), Symbols Related to Life-saving Appliances and Arrangemen… | |||
| 46:46:4.0.1.2.12.1.19.2 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | A | Subpart A—General | § 108.102 Preemptive effect. | USCG | [USCG-2006-29747, 77 FR 33882, June 7, 2012] | The regulations in this part have preemptive effect over State or local regulations in the same field. | |||
| 46:46:4.0.1.2.12.1.19.3 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | A | Subpart A—General | § 108.103 Equipment not required on a unit. | USCG | [USCG-2020-0519, 89 FR 76699, Sept. 18, 2024] | (a) Each item of lifesaving and firefighting equipment carried on board the unit in addition to equipment of the type required under this subchapter, must— (1) Be approved; or (2) Be acceptable to the cognizant OCMI, for use on the unit. (b) Use of non-approved fire detection systems may be acceptable as excess equipment, provided that— (1) Components are listed and labeled by an independent, nationally recognized testing laboratory as set forth in 29 CFR 1910.7, and are designed, installed, tested, and maintained in accordance with an appropriate industry standard and the manufacturer's specific guidance; (2) Installation conforms to the requirements of subchapter J of this chapter, including the hazardous location electrical installation regulations in § 111.105 of this chapter; and (3) Coast Guard plan review is completed for wiring plans. | |||
| 46:46:4.0.1.2.12.1.19.4 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | A | Subpart A—General | § 108.105 Substitutes for required fittings, material, apparatus, equipment, arrangements, calculations, and tests. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 84-069, 61 FR 25291, May 20, 1996; USCG-2009-0702, 74 FR 49233, Sept. 25, 2009; USCG-2012-0832, 77 FR 59781, Oct. 1, 2012] | (a) Where this subchapter requires a particular fitting, material, apparatus, equipment, arrangement, calculation or test, the Commandant (CG-ENG) may accept any substitution that is at least as effective as that specified. If necessary, the Commandant (CG-ENG) may require engineering evaluations and tests to demonstrate the equivalence of the substitution. (b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, arrangement, or test is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, arrangement, or test to such an extent and upon such condition as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter. (c) The Commandant (CG-ENG) may accept a novel lifesaving appliance or arrangement, if it provides a level of safety equivalent to the requirements of this part and the appliance or arrangement— (1) Is evaluated and tested in accordance with IMO Resolution A.520(13), Code of Practice for the Evaluation, Testing and Acceptance of Prototype Novel Life-saving Appliances and Arrangements; or (2) Has successfully undergone evaluation and tests that are substantially equivalent to those recommendations. (d) During a unit's construction and when any modification to the lifesaving arrangement is done after construction, the owner must obtain acceptance of lifesaving arrangements from the Commandant Marine Safety Center. (e) The OCMI may accept substitute lifesaving appliances other than those required by this part, except for— (1) Survival craft and rescue boats; and (2) Survival craft and rescue boat launching and embarkation appliances. (f) Acceptance of lifesaving appliances and arrangements will remain in effect unless— (1) The OCMI deems their condition to be unsatisfactory or unfit for the service intended; or (2) The OCMI deems the crew's ability to use and assist others in the use of the lifesaving appliances or arrangeme… | |||
| 46:46:4.0.1.2.12.1.19.5 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | A | Subpart A—General | § 108.109 Classification society standards. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-072, 60 FR 50465, Sept. 29, 1995] | (a) Any person who desires to use the rules of a classification society, other than the American Bureau of Shipping, to meet requirements in this Subchapter must request recognition of that society from the Commanding Officer, Marine Safety Center. The relevant rules must be submitted with the request. | |||
| 46:46:4.0.1.2.12.10.37.1 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | J | Subpart J—Muster List | § 108.901 Muster list and emergency instructions. | USCG | [CGD 84-069, 61 FR 25299, May 20, 1996, as amended at 63 FR 52815, Oct. 1, 1998] | (a) General. Copies of clear instructions must be provided on the unit, detailing the actions that each person on board should follow in the event of an emergency. (b) Muster list. Copies of the muster list must be posted in conspicuous places throughout the unit including on the navigating bridge, in the control room, and in accommodation spaces. The muster list must be posted at all times while the unit is in service. After the muster list has been prepared, if any change takes place that necessitates an alteration in the muster list, the person in charge must either revise the muster list or prepare a new one. Muster lists must provide the following information: (1) Each muster list must specify instructions for operating the general emergency alarm system. (2) Each muster list must specify the emergency signals. (3) Each muster list must specify the actions to be taken by the crew and industrial personnel when each signal is sounded. (4) Each muster list must specify how the order to abandon the unit will be given. (5) Each muster list must specify the persons that are assigned to make sure that lifesaving and firefighting appliances are maintained in good condition and ready for immediate use. (6) The muster list must specify the duties assigned to the different industrial personnel and members of the crew that include— (i) Closing the watertight doors, fire doors, valves, scuppers, sidescuttles, skylights, portholes, and other similar openings in the unit's hull; (ii) Equipping the survival craft and other lifesaving appliances; (iii) Preparing and launching the survival craft; (iv) Preparing other lifesaving appliances; (v) Mustering the visitors and other persons in addition to the crew and industrial personnel; (vi) Using communication equipment; (vii) Manning the emergency squad assigned to deal with fires and other emergencies; (viii) Special duties assigned with respect to the use of firefighting equipment and installations; (ix) Cover the duties of the crew and industrial personne… | |||
| 46:46:4.0.1.2.12.2.19.1 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.113 Structural standards. | USCG | Except as provided in § 108.109, each unit must meet the structural standards of the American Bureau of Shipping's Rules for Building and Classing Offshore Mobile Drilling Units, 1978. | ||||
| 46:46:4.0.1.2.12.2.19.2 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.114 Appliances for watertight and weathertight integrity. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 79-023, 48 FR 51008, Nov. 4, 1983] | (a) Appliances to ensure watertight integrity include watertight doors, hatches, scuttles, bolted manhole covers, or other watertight closures for openings in watertight decks and bulkheads. (b) Appliances to ensure weathertight integrity include weathertight doors and hatches, closures for air pipes, ventilators, ventilation intakes and outlets, and closures for other openings in deckhouses and superstructures. (c) Each internal opening fixed with appliances to ensure watertight integrity which are used intermittently during operation of the unit while afloat must meet the following: (1) Each door, hatch, and scuttle must— (i) Be remotely controlled from a normally manned control station, and be operable locally from both sides of the bulkhead; or (ii) If there is no means of remote control there must be an alarm system which signals whether the appliance is open or closed both locally at each appliance and in a normally manned control station. (2) Each closing appliance must remain watertight under the design water pressure of the watertight boundary of which it is a part. (d) Each external opening fitted with an appliance to ensure weathertight integrity must be located so that it would not be submerged below the final equilibrium waterline if the unit is subjected simultaneously to— (1) Damage causing flooding described in § 174.075 through § 174.085 of this chapter; and (2) A wind heeling moment calculated in accordance with § 174.055 of this chapter using a wind velocity of 50 knots (25.8 meters per second). | |||
| 46:46:4.0.1.2.12.2.20.3 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.123 Isolation of combustible material. | USCG | Each internal combustion engine exhaust, boiler and galley uptake, and similar heat source must be separated or insulated from combustible materials. | ||||
| 46:46:4.0.1.2.12.2.20.4 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.127 Storage lockers for combustibles. | USCG | Each oil and paint locker must be made of steel or an equivalent material or be completely lined with steel or an equivalent material as described in § 108.131(c) of this subpart. | ||||
| 46:46:4.0.1.2.12.2.21.10 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.141 Boundary bulkheads and decks between the emergency power source and service generators. | USCG | Each boundary bulkhead and deck of a space containing an emergency electric power source or components of an emergency electric power source that adjoins a space containing a ship's service generator, the components of a ship's service generator, or a classified space must be an A-60 bulkhead and A-60 deck. | ||||
| 46:46:4.0.1.2.12.2.21.11 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.143 Accommodation space. | USCG | (a) Each corridor bulkhead in an accommodation space must be an A class or B class bulkhead except if an A class bulkhead is specifically required by this part. (b) No door in a corridor bulkhead in an accommodation space may have a louver, except that a stateroom, lounge, or recreation room door may have louvers in its lower half. (c) Each stairtower, elevator, and dumbwaiter, and other trunk must be enclosed by A class bulkheads. (d) Each bulkhead not described under paragraph (a) of this section must be either A class, B class, or C class bulkheads. (e) At least one opening to each stairway must be enclosed by either A class or B class bulkheads and doors. (f) Each stairtower must have doors at all levels and each must be an A class door. (g) Each door required by paragraphs (e) and (f) of this section— (1) Must be self-closing; (2) May not have any means to permanently hold the door open, except for magnetic holdbacks that are operated from the bridge or other remote location. (h) Interior stairs, including stringers and treads, must be made of steel or an equivalent material. (i) Except in washrooms and toilet spaces, each deck covering in an accommodation space must be made of an approved material, except an overlay on a deck for leveling or finishing that is not more than 9.375 millimeters ( 3/8 inch) thick. (j) Except as provided in paragraph (1), each ceiling, lining, insulation, and pipe and duct lagging in an accommodation space must be made of an approved material that is noncombustible. (k) Each sheathing, furring, or holding piece used to secure a bulkhead, ceiling, lining, or insulation in an accommodation space must be made of an approved material that is non-combustible. (l) No bulkhead, lining, or ceiling in an accommodation space may have a combustible veneer greater than 2 millimeters ( 1/12 inch) in thickness. (m) Each corridor or hidden space in an accommodation space may be covered by an approved interior finish or a reasonable number of coats of paint. However, no corrido… | ||||
| 46:46:4.0.1.2.12.2.21.12 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.145 Hatches and tonnage openings. | USCG | Each hatch, except a hatch between storage spaces and each tonnage opening closure, must be made of steel or an equivalent material of the same class as the bulkhead or deck where the opening occurs. | ||||
| 46:46:4.0.1.2.12.2.21.13 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.147 Certain paints prohibited. | USCG | No nitrocellulose or other highly flammable or noxious fume-producing paint or lacquer may be used on a unit. | ||||
| 46:46:4.0.1.2.12.2.21.5 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.131 Definitions. | USCG | (a) Standard Fire Test means the test in which specimens of the relevant bulkheads or decks, having a surface of approximately 4.65 square meters (50 square feet) and a height of 2.44 meters (8 feet) resembling as closely as possible the intended construction and including, where appropriate, at least one joint, are exposed in a test furnace to a series of temperature relationships approximately as follows: (1) At the end of 5 minutes—538 °C. (1,000 °F.) (2) At the end of 10 minutes—704 °C. (1,300 °F.) (3) At the end of 30 minutes—843 °C. (1,550 °F.) (4) At the end of 60 minutes—927 °C. (1,700 °F.). (b) Bulkheads and decks are defined and classed as follows: (1) A class bulkhead or deck means a bulkhead or deck that— (i) Is made of steel or other equivalent material; and (ii) Prevents the passage of flame and smoke for 60 minutes if subjected to the standard fire test. (2) A 60 bulkhead or deck means an A class bulkhead or deck that— (i) Is insulated with approved insulation, bulkhead panels, or deck covering; (ii) If subjected to the standard fire test for 60 minutes, has an average temperature rise on the unexposed side of the insulated bulkhead or deck of less than 139 °C. (250 °F.) above the temperature before the standard fire test and has a temperature rise at any point on the unexposed surface, including any joint, of less than 180 °C. (325 °F.) above the temperature before the standard fire test. (3) B class bulkhead or deck means a bulkhead or deck that— (i) Is made of approved noncombustible material; (ii) Prevents flame from passing through it for 30 minutes if subjected to the standard fire test. (4) C class bulkhead or deck means a bulkhead or deck made of approved noncombustible material. (c) Equivalent material means a material that by itself or with insulation has smoke and fire retardant properties equal to that of the steel required for “A” or “B” class bulkheads or decks and has structural qualities equivalent to steel at the end of the applicable fire exposure. (d)… | ||||
| 46:46:4.0.1.2.12.2.21.6 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.133 Hull superstructure, structural bulkheads, decks, and deckhouses. | USCG | Each hull superstructure, structural bulkhead, deck, and deckhouse must be made of steel or an equivalent material. | ||||
| 46:46:4.0.1.2.12.2.21.7 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.135 Boundary bulkheads, decks of galleys, and combustible material lockers. | USCG | Each boundary bulkhead and deck of each galley, each combination galley and messroom, and each combustible material storage locker must be an A class bulkhead and A class deck respectively. | ||||
| 46:46:4.0.1.2.12.2.21.8 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.137 Bulkhead and deck separations of accommodation spaces. | USCG | Each boundary bulkhead and deck that separates an accommodation space or control station from the following must be an A class bulkhead and A class deck respectively— (a) Machinery space; (b) Galley or combination galley and messroom; (c) Main pantry; (d) Classified space; (e) Store room. | ||||
| 46:46:4.0.1.2.12.2.21.9 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.139 Boundary bulkheads and decks of a space containing emergency power. | USCG | Each boundary bulkhead and deck of a space containing an emergency electric power source or components of an emergency electric power source must be an A class bulkhead and A class deck respectively. When separate but adjoining spaces are provided for such equipment, boundary bulkhead type construction is not required for the separating partitions common to each space. | ||||
| 46:46:4.0.1.2.12.2.22.14 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.151 Two means required. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by USCG-2024-1103, 90 FR 52880, Nov. 24, 2025] | (a) Each of the following must have at least 2 means of escape: (1) Each accommodation space with a deck area of at least 27 sq. meters (300 sq. ft.). (2) Each space, other than an accommodation space, that is continuously manned or used on a regular working basis except for routine security checks. (3) Weather deck areas where personnel may be normally employed. (b) When two means of escape are required from a space below the main deck, one of the means of escape must provide for a rapid escape through openings that are not required to be watertight by damage stability considerations. (c) When two means of escape are required from a space above the main deck, one of the means of escape must provide for a rapid escape to a weather deck. | |||
| 46:46:4.0.1.2.12.2.22.15 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.153 Location of means of escape. | USCG | The required two means of escape must be through exits that minimize the possibility of having both exits blocked if a fire or other casualty occurs in the area. | ||||
| 46:46:4.0.1.2.12.2.22.16 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.155 Restrictions on means of escape utilized. | USCG | A required means of escape may not be a vertical ladder or deck scuttle, except that one of the means of escape may be a vertical ladder or deck scuttle if a stairway would be impracticable. | ||||
| 46:46:4.0.1.2.12.2.22.17 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.157 Locked doors. | USCG | No door to the required means of escape may be designed to lock except— (a) A crash door or a door that has a locking device that can be easily forced, if on both sides of the door a permanent and easily seen instruction is placed; or (b) An outside door to a deckhouse if the door can be locked by key only and if the master or person in charge has control of the key to the door's lock. | ||||
| 46:46:4.0.1.2.12.2.22.18 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.159 Stairways and exterior inclined ladders. | USCG | Each stairway, except a stairway in a machinery or storage space, and each exterior inclined ladder must be at least 70 centimeters (28 inches) wide with an angle of inclination from the horizontal of not more than 50 degrees, except that special consideration may be given to the installation if a 70 centimeters (28 inch) width is impracticable. | ||||
| 46:46:4.0.1.2.12.2.22.19 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.160 Vertical ladders. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by USCG-2002-13058, 67 FR 61279, Sept. 30, 2002] | (a) Each vertical ladder must have rungs that are— (1) At least 41 centimeters (16 inches) in length; (2) Not more than 30 centimeters (12 inches) apart, uniform for the length of the ladder; and (3) At least 18 centimeters (7 inches) from the nearest permanent object in back of the ladder. (b) Except when unavoidable obstructions are encountered, there must be at least 11.5 centimeters (4 1/2 inches) clearance above each rung. (c) Except as provided in § 108.540(h)(3)(ii), each exterior vertical ladder more than 6 meters (20 ft.) in length must be fitted with a cage or ladder safety device meeting ANSI Standard 14.3 (1974) for fixed ladders. (d) No vertical fixed ladders may be made of wood. | |||
| 46:46:4.0.1.2.12.2.22.20 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.161 Dead end corridors. | USCG | No dead end corridor may be more than 13 meters (43 feet) long. | ||||
| 46:46:4.0.1.2.12.2.22.21 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.165 Access to lifeboats and liferafts. | USCG | Each unit must be designed to provide direct access to the lifeboat and liferaft embarkation areas. | ||||
| 46:46:4.0.1.2.12.2.22.22 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.167 Weather deck ladders. | USCG | Each unit must have at least one permanent, inclined ladder between each weather deck. | ||||
| 46:46:4.0.1.2.12.2.23.23 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.170 Definitions. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 94-108, 61 FR 28270, June 4, 1996] | (a) Classified locations are those in which flammable hydrocarbon gas or vapors, resulting from the drilling operations, may be present in quantities sufficient to produce an explosive or ignitable mixture. Location of these areas affect the design of the units' machinery, electrical, and ventilation systems. (See Notes 1 and 2). (b) For the purpose of this subpart “semi-enclosed location” means a location where natural conditions of ventilation are notably different from those on open decks due to the presence of structures such as roofs, windbreaks, or bulkheads. 1. Further requirements with respect to hazardous locations are contained in part 111, subpart 111.105, of this chapter. 2. For specific requirements for machinery and electrical installations on mobile offshore drilling units see Subchapters “F” and “J” of this chapter. | |||
| 46:46:4.0.1.2.12.2.23.24 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.171 Class I, Division 1 locations. | USCG | The following are Class I, Division 1 locations: (a) An enclosed space that contains any part of the mud circulating system that has an opening into the space and is between the well and final degassing discharge. (b) An enclosed or semi-enclosed location that is below the drill floor, and contains a possible source of gas release. (c) An enclosed space that is on the drill floor, and is not separated by a solid, gas-light floor from the spaces specified in paragraph (b) of this section. (d) A space that would normally be considered a Division 2 location under § 108.173 but where combustible or flammable gases might accumulate. (e) A location in the weather, or a semi-enclosed location, except as provided in paragraph (b) of this section that is within 1.5 m (5 ft.) of the boundary of any— (1) Equipment or opening specified in paragraph (a) of this section; (2) Ventilation outlet, access, or other opening to a Class I, Division 1 space; or (3) Gas vent outlet. (f) Except as provided in § 108.175, an enclosed space that has an opening into a Class I, Division 1 location. | ||||
| 46:46:4.0.1.2.12.2.23.25 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.173 Class I, Division 2 locations. | USCG | The following are Class I, Division 2 locations: (a) An enclosed space that has any open portion of the mud circulating system from the final degassing discharge to the mud suction connection at the mud pit. (b) A location in the weather that is— (1) Within the boundaries of the drilling derrick up to a height of 3 m (10 ft.) above the drill floor; (2) Below the drill floor and within a radius of 3 m (10 ft.) of a possible source of gas release; or (3) Within 1.5 m (5 ft.) of the boundaries of any ventilation outlet, access, or other opening to a Class I, Division 2 space. (c) A location that is— (1) Within 1.5 m (5 ft.) of a semi-enclosed Class I, Division 1 location indicated in § 108.171(b); or (2) Within 1.5 m (5 ft.) of a Class I, Division 1 space indicated in § 108.171(e). (d) A semi-enclosed area that is below and contiguous with the drill floor to the boundaries of the derrick or to the extent of any enclosure which is liable to trap gasses. (e) A semi-enclosed derrick to the extent of its enclosure above the drill floor or to a height of 3 m (10 ft.) above the drill floor, whichever is greater. (f) Except as provided in § 108.175 an enclosed space that has an opening into a Class I, Division 2 location. | ||||
| 46:46:4.0.1.2.12.2.23.26 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.175 Contiguous locations. | USCG | An enclosed space that has direct access to a Division 1 or Division 2 location is the same division as that location, except— (a) An enclosed space that has direct access to a Division 1 location is not a hazardous location if— (1) The access has self-closing gas-tight doors that form an air lock; (2) The ventilation causes greater pressure in the space than in the Division 1 location; and (3) Loss of ventilation overpressure activates an alarm at a manned station; (b) An enclosed space that has direct access to a Division 1 location can be considered as a Division 2 location if— (1) The access has a self-closing, gas-tight door that opens into the space and that has no hold-back device; (2) Ventilation causes the air to flow with the door open from the space into the Division 1 location; and (3) Loss of ventilation activates an alarm at a manned control station; and (c) An enclosed space that has direct access to a Division 2 location is not a hazardous location if— (1) The access has a self-closing, gas-tight door that opens into the space and that has no hold-back device; (2) Ventilation causes the air to flow with the door open from the space into the Division 2 location; and (3) Loss of ventilation activates an alarm at a manned control station. | ||||
| 46:46:4.0.1.2.12.2.23.27 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.177 Electrical equipment in classified locations. | USCG | Electrical equipment and devices installed in spaces made non-hazardous by the methods indicated in § 108.175 must only be essential equipment. | ||||
| 46:46:4.0.1.2.12.2.24.28 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.181 Ventilation for enclosed spaces. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 94-108, 61 FR 28270, June 4, 1996] | (a) Each enclosed space must be vented or ventilated. (b) There must be a means to close each vent or ventilating system. (c) Each fan in a ventilating system must have remote controls installed in accordance with part 111, subpart 111.103, of this chapter. (d) There must be a means to close each doorway, ventilator, and annular space around each funnel or other opening to machinery, stowage, or working spaces. The means must be located outside the space. (e) Each intake in a ventilating system must be located so as to prevent, as far as practicable, the intake of noxious fumes. | |||
| 46:46:4.0.1.2.12.2.24.29 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.185 Ventilation for enclosed classified locations. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 94-108, 61 FR 28270, June 4, 1996] | (a) The ventilation system for each enclosed classified location must be designed to maintain a pressure differential between the enclosed classified location and each non-classified location adjacent to the enclosed classified location, so as to prevent the discharge of ignitable gases into the non-classified adjacent locations. (b) Each air intake must be outside of enclosed classified locations. (c) Each unit must have alarms that are powered independently of the ventilation motor power and control circuitry and sound at a continuously manned station when— (1) Gas is present in an enclosed classified location; or (2) The ventilation system for the space is not working. (d) Each ventilation system for enclosed classified locations must provide a complete change of air every five minutes. | |||
| 46:46:4.0.1.2.12.2.24.30 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.187 Ventilation for brush type electric motors in classified spaces. | USCG | Ventilation for brush type electric motors in classified locations must meet N.F.P.A. 496-1974 “Standard for Purged and Pressurized Enclosures for Electrical Equipment in Hazardous Locations”, except audible and visual alarms may be used if shutting down the motors may cause unsafe conditions. | ||||
| 46:46:4.0.1.2.12.2.25.31 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.193 Restrictions. | USCG | (a) There must be no direct communication between the accommodation spaces and any chainlocker, stowage, or machinery space, except through solid, close-fitted doors or hatches. (b) No access, vent, or sounding tube from a fuel or oil tank may open into any accommodation space, except that accesses and sounding tubes may open into corridors. | ||||
| 46:46:4.0.1.2.12.2.25.32 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.195 Location of accommodation spaces. | USCG | (a) On surface type units, accommodation spaces must not be located forward of a vertical plane located at 5 percent of the unit's length aft of the stem, at the designed summer load line. (b) On all units, the deckhead of each accommodation space must be above the deepest load line. | ||||
| 46:46:4.0.1.2.12.2.25.33 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.197 Construction of accommodation spaces. | USCG | (a) Each sleeping, mess, recreational, or hospital space that is adjacent to or immediately above a stowage or machinery space, paint locker, drying room, washroom, toilet space, or other odor source must be made odorproof. (b) Each accommodation space that is adjacent to or immediately above a galley, machinery space, machinery casing, boiler room, or other noise or heat source, must be protected from the heat and noise. (c) Where the shell or an unsheathed weather deck forms a boundary of an accommodation space, the shell of deck must have a covering that prevents the formation of moisture. (d) The deckheads of each accommodation space must be a light color. (e) Each accommodation space in which water may accumulate must have a drain scupper located in the lowest part of the space, considering the average trim of the unit. (f) Each public toilet space must be constructed and located so that its odors do not readily enter any sleeping, mess, recreational, or hospital space. | ||||
| 46:46:4.0.1.2.12.2.25.34 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.199 Arrangement of sleeping spaces. | USCG | To the extent practicable, each occupation group must be berthed together in sleeping spaces arranged to minimize disturbance created by personnel leaving for or arriving from a working period. | ||||
| 46:46:4.0.1.2.12.2.25.35 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.201 Size of sleeping spaces. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 82-063b, 48 FR 4781, Feb. 3, 1983; CGD 95-072, 60 FR 50465, Sept. 29, 1995; CGD 96-041, 61 FR 50730, Sept. 27, 1996; USCG-2009-0702, 74 FR 49233, Sept. 25, 2009; USCG-2012-0832, 77 FR 59781, Oct. 1, 2012] | (a) No sleeping space may berth more than four persons, except that a sleeping space for personnel not regularly employed on a unit may berth up to six persons if the space meets § 108.199 and berthing of six persons in that space is authorized by the Commandant (CG-OES). (b) Without deducting any equipment used by the occupants, each sleeping space must have for each occupant— (1) 2.8 square meters (approximately 30 square feet) of deck area; and (2) 6 cubic meters (approximately 210 cubic feet) of volume. (c) Each sleeping space must have at least 191 centimeters (approximately 6 feet 3 inches) of headroom over clear deck areas. | |||
| 46:46:4.0.1.2.12.2.25.36 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.203 Berths and lockers. | USCG | (a) Each sleeping space must have a separate berth for each occupant. (b) No more than one berth may be placed over another. (c) Each berth must have a framework of hard, smooth material that is not likely to corrode or harbor vermin. (d) Each berth must be arranged to provide ample room for easy occupancy. (e) Each berth must be at least 76 centimeters (approximately 30 inches) wide by 193 centimeters (approximately 76 inches) long. (f) Adjacent berths must be separated by a partition that extends at least 46 centimeters (approximately 18 inches) above the sleeping surface. (g) The bottom of a lower berth must be at least 30 centimeters (approximately 12 inches) above the deck. (h) The bottom of an upper berth must be at least 76 centimeters (approximately 2 feet 6 inches) from the bottom of the berth below it and from the deck or any pipe, ventilating duct, or other overhead installation. (i) Each berth must have a berth light. (j) Each occupant of a sleeping space must have a readily accessible locker of hard, smooth material. (k) Each locker must be at least .194 square meters (approximately 300 square inches) in cross section and 1.53 meters (approximately 60 inches) high. | ||||
| 46:46:4.0.1.2.12.2.25.37 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.205 Wash spaces; toilet spaces; and shower spaces. | USCG | (a) For the purposes of this section— (1) “Private facility” means a toilet, washing, or shower space that is accessible only from one single or double occupancy sleeping space; (2) “Semi-private facility” means a toilet, washing or shower space that is accessible from either of two one-to-four person occupancy sleeping spaces; and (3) “Public facility” means a toilet, washing, or shower space that is not private or semi-private. (b) Each private facility must have one toilet, one shower, and one washbasin, all of which may be in a single space. (c) Each semi-private facility must have at least one toilet and one shower, which may be in a single space. (d) Each room adjoining a semi-private facility must have a washbasin if a washbasin is not installed in a semi-private facility. (e) Each unit must have enough public facilities to provide at least one toilet, one shower, and one washbasin for each eight persons who occupy sleeping spaces that do not have private or semi-private facilities. (f) Urinals may be installed in toilet rooms, but no toilet required in this section may be replaced by a urinal. (g) Each public toilet space and washing space must be convenient to the sleeping space that it serves. (h) No public facility may open into any sleeping space. (i) Each washbasin, shower, and bathtub must have hot and cold running water. (j) Adjacent toilets must be separated by a partition that is open at the top and bottom for ventilation and cleaning. (k) Public toilet facilities and shower facilities must be separated. (l) Each public facility that is a toilet space must have at least one washbasin unless the only access to the toilet space is through a washing space. (m) Each toilet must have an open front seat. (n) Each washing space and toilet space must be so constructed and arranged that it can be kept in a clean and sanitary condition and the plumbing and mechanical appliances kept in good working order. (o) Washbasins may be located in sleeping spaces. | ||||
| 46:46:4.0.1.2.12.2.25.38 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.207 Messrooms. | USCG | (a) Each messroom that is not adjacent to the galley that serves it must be equipped with a steamtable. (b) Each messroom must seat the number of persons expected to eat in the messroom at one time. | ||||
| 46:46:4.0.1.2.12.2.25.39 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.209 Hospital spaces. | USCG | (a) Each unit carrying twelve or more persons on a voyage of more than three days must have a hospital space. (b) Each hospital space must be suitably separated from other spaces. (c) No hospital space may be used for any other purpose, when used for care of the sick. (d) An entrance to each hospital space must be wide enough and arranged to readily admit a person on a stretcher. (e) Each berth in a hospital space must be made of metal. (f) Each upper berth must be hinged and arranged so that it can be secured clear of the lower berth. (g) Each hospital space must have at least one berth that is accessible from both sides. (h) Each hospital space must have one berth for every 12 persons or portion thereof on board, who are not berthed in single occupancy rooms, but the number of berths need not exceed six. (i) Each hospital space must have a toilet, washbasin, and bathtub or shower accessible from the hospital space. (j) Each hospital space must have clothes lockers, a table, and seats. | ||||
| 46:46:4.0.1.2.12.2.25.40 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.210 Hospital space not required. | USCG | (a) The hospital space required under § 108.209 is not required on a unit if one single or double occupancy sleeping space, designated and equipped as a treatment or isolation room or both is available for immediate medical use, and has— (1) An entrance that is wide enough and arranged to readily admit a person on a stretcher; (2) A single berth or examination table that is accessible from both sides; and (3) A washbasin in or immediately adjacent to it. | ||||
| 46:46:4.0.1.2.12.2.25.41 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.211 Miscellaneous accommodation spaces. | USCG | (a) Each unit must have enough facilities for personnel to wash their own clothes, including at least one tub or sink that has hot and cold running water. (b) Each unit must have enough equipment or space for the personnel to dry their own clothes. (c) Each unit must have an accommodation space that can be used for recreation. | ||||
| 46:46:4.0.1.2.12.2.25.42 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.213 Heating requirements. | USCG | (a) Each accommodation space must be heated by a heating system that can maintain at least 20 °C. (68 °F.). (b) Radiators and other heating apparatuses must be constructed, located or shielded so as to avoid risk of— (1) Fire; (2) Danger; and (3) Discomfort to the occupants of each accommodation space. (c) Each exposed pipe in an accommodation space, leading to a radiator or other heating apparatus must be insulated. | ||||
| 46:46:4.0.1.2.12.2.25.43 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.215 Insect screens. | USCG | (a) Accommodation spaces must be protected against the admission of insects. (b) Insect screens must be installed when natural ventilation is provided. | ||||
| 46:46:4.0.1.2.12.2.26.44 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.217 Guardrails and bulwarks. | USCG | (a) Each unit must have guardrails or bulwarks along the edge of the bridge, of each deck, and of each deck opening. (b) Each guardrail and bulwark must extend at least one meter (39.37 inches) above the deck except where this height may interfere with the normal operation of the unit, a lesser height may be approved. (c) Removable guardrails may be installed where operating conditions warrant their use. | ||||
| 46:46:4.0.1.2.12.2.26.45 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.219 Guardrails. | USCG | (a) Except for exposed peripheries of a freeboard or superstructure deck, each guardrail must have at least two evenly spaced courses. (b) At exposed peripheries of a freeboard or superstructure deck, each guardrail must have at least three courses not more than 38 centimeters (15 in.) apart with the lowest course not more than 23 centimeters (9 in.) above the deck. (c) For a rounded gunwale, the guardrail must be at the edge of the flat of the deck. | ||||
| 46:46:4.0.1.2.12.2.26.46 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.221 Storm rails. | USCG | Each unit must have a storm rail in the following locations: (a) On each deckhouse side that is normally accessible. (b) On each side of each passageway that is wider than 1.83 meters (6 feet). (c) On at least one side of each passageway that is less than 1.83 meters (6 feet) wide. | ||||
| 46:46:4.0.1.2.12.2.26.47 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.223 Guards on exposed equipment. | USCG | Each unit must have hand covers, guards, or rails installed on all belts, gears, shafts, pulleys, sprockets, spindles, flywheels or other reciprocating, rotating or moving parts of machinery or equipment normally exposed to contact by personnel. | ||||
| 46:46:4.0.1.2.12.2.27.48 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.231 Application. | USCG | Sections 108.231 through 108.241 apply to each unit with a helicopter landing facility. | ||||
| 46:46:4.0.1.2.12.2.27.49 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.233 Location and size. | USCG | (a) Each helicopter deck must be— (1) At least the size of the rotor diameter of the largest single main rotor helicopter that will be used on the facility; or (2) If tandem main rotor helicopters use the facility, at least of a size to provide a longitudinal axis of 9/10 the overall length of the helicopter, and a width of 3/4 of the overall length of the helicopter. For the purpose of paragraph (a)(2) the overall length is measured across both main rotors in the fore and aft line. (b) Each helicopter deck must be located so as to provide clear approach/departure paths to enable the largest helicopter using the facility to operate in all weather conditions which allow helicopter operations. | ||||
| 46:46:4.0.1.2.12.2.27.50 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.235 Construction. | USCG | (a) Each helicopter deck must be designed to accommodate the loadings (static and dynamic) imposed by operation and stowage of helicopters intended to use the facility as well as environmental loadings (wind, wave, water, snow, etc.) anticipated for the unit. (b) The adequacy of each helicopter deck for the loadings required in paragraph (a) of this section must be shown by design calculations. Where the placement of a load affects the suitability of a structural member, the load must be evaluated in the most unfavorable position for each member. (c) The analysis required in paragraph (b) of this section must be based on the dead load of the structure, existing stresses in the deck when it is an integral part of a unit's structure, and each of the following loading conditions: (1) Uniform distributed loading. A loading of 2kg/m 2 (42 lb/ft 2 ) applied to the helicopter deck area. (2) Helicopter landing impact loading. The limit load established by the limit drop test in 14 CFR 29.725, or a load of not less than 75 percent of the helicopter maximum weight taken on a square area of 0.3 × 0.3 m (1 ft. × 1 ft.) under each main landing gear unit applied anywhere on the helicopter deck area. (3) Stowed helicopter loading. The helicopter maximum weight plus inertial forces from the helicopter due to anticipated unit motions, and applicable environmental loadings including wind loads. (d) The landing area of each helicopter facility must— (1) Have a non-skid surface; (2) Have drainage facilities that prevent the collection of liquids and prevent liquids from spreading to or falling on other parts of the unit; (3) Have recessed tie-down points; and (4) Be free of projections, except that landing lights or other projections may be installed around the periphery of the landing deck provided they do not interfere with landing and take-off operations. (e) The unprotected perimeter of each helicopter facility must have a safety net at least 1.5 meters (4.92 ft.) wide. The outer edge of the net must not exte… | ||||
| 46:46:4.0.1.2.12.2.27.51 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.237 Fuel storage facilities. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by USCG-1999-6216, 64 FR 53226, Oct. 1, 1999] | (a) Helicopter fuel storage tanks must be installed as far as practicable from— (1) The landing area; and (2) Each source of vapor ignition. (b) Independent tanks must meet Subpart 58.50 of this Chapter. (c) Marine portable fuel stowage tanks must meet Part 64 of this chapter. (d) Each marine portable fuel stowage tank must have a means to contain fuel spills or leaks. | |||
| 46:46:4.0.1.2.12.2.27.52 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.239 Fuel transfer equipment. | USCG | (a) Each nozzle must be a “deadman” type. (b) Each hose must have a storage reel. (c) Each hose must have a static grounding device. (d) Each electric fuel transfer pump must have a control with a fuel transfer pump operation indicator light at the pump. (e) There must be a fuel pump shut off at each of the access routes required by § 108.235(f). (f) Each fuel transfer pump and each hose reel must have a means to contain fuel spills or leaks. (g) Each hose must meet chapter 3 “Aircraft Fueling Hose” of National Fire Protection Association Standard for Aircraft Fuel Servicing (N.F.P.A. No. 407-1975). | ||||
| 46:46:4.0.1.2.12.2.27.53 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | B | Subpart B—Construction and Arrangement | § 108.241 Visual aids. | USCG | (a) Each helicopter deck must— (1) Have a wind direction indicator located in an unobstructed area readily visible to helicopter pilots approaching the deck; (2) Be fitted around the perimeter with yellow and blue lights in alternate order, not more than 3 meters (10 ft.) apart; and (3) Be marked with— (i) The unit's identification; (ii) A continuous line 40 centimeters (16 in.) wide on the perimeter; and (iii) Aiming circles as may be appropriate considering deck configuration, helicopter type, and operational requirements. (b) All markings must be in a contrasting color to the surface of the deck. | ||||
| 46:46:4.0.1.2.12.3.28.1 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | C | Subpart C—Stability | § 108.301 Stability. | USCG | [CGD 79-023, 48 FR 51008, Nov. 4, 1983] | Each unit must meet the requirements in Subchapter S of this chapter that apply to Mobile Offshore Drilling Units. | |||
| 46:46:4.0.1.2.12.4.28.1 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | D | Subpart D—Fire Extinguishing Systems | § 108.401 Fire main system. | USCG | Each unit must have a fire main system. | ||||
| 46:46:4.0.1.2.12.4.28.10 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | D | Subpart D—Fire Extinguishing Systems | § 108.415 Fire pump: General. | USCG | A fire main system must have at least two independently driven fire pumps that can each deliver water at a continuous pitot tube pressure of at least 3.5 kilograms per square centimeter (approximately 50 pounds per square inch) at least two fire hose nozzles that are connected to the highest two fire hydrants on the unit. Alternative designs that meet the pressure requirement of this paragraph will be considered for column stabilized and self elevating units. | ||||
| 46:46:4.0.1.2.12.4.28.11 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | D | Subpart D—Fire Extinguishing Systems | § 108.417 Fire pump components and associated equipment. | USCG | [CGD 73-251, 43 FR 56808, Dec. 4, 1978, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997] | (a) Each fire pump in a fire main system must have a relief valve on its discharge side that is set to relieve at 1.75 kilograms per square centimeter (approximately 25 pounds per square inch) in excess of the pump discharge pressure necessary to meet the pressure required in § 108.415 for the pump or 8.6 kilograms per square centimeters (approximately 125 pounds per square inch), whichever is greater. A relief valve may be omitted if the pump operating under shut off condition is not capable of developing the pressure described in § 108.415 plus 1.75 kilograms per square centimeter (25 pounds per square inch). (b) Each fire pump in a fire main system must have a pressure gauge on its discharge side. (c) Fire pumps may be used for other purposes. One of the required pumps must be kept available for use on the fire system at all times. If a fire pump is used in a system other than the fire main system, except for branch lines connected to the fire main for deck washing, each pipe connecting the other system must be connected to the pump discharge through a shut off valve at a manifold near the pump. If the fire pump exceeds the pressure in § 108.417(a), the pipe leading from the discharge manifold to other portions of the fire main system must have a reducing station and a pressure gauge in addition to the pressure gauge required by paragraph (b) of this section. (d) If a fire pump has a reducing station, the relief valve required by paragraph (a) of this section for the pump and the additional pressure gauge required in paragraph (c) of this section must not be located on the discharge side of the reducing station. (e) An oil line must not be connected to a fire pump. | |||
| 46:46:4.0.1.2.12.4.28.12 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | D | Subpart D—Fire Extinguishing Systems | § 108.419 Fire main capacity. | USCG | The diameter of the fire main must be sufficient for the effective distribution of the maximum required discharge from two fire pumps operating simultaneously. | ||||
| 46:46:4.0.1.2.12.4.28.13 | 46 | Shipping | I | I-A | 108 | PART 108—DESIGN AND EQUIPMENT | D | Subpart D—Fire Extinguishing Systems | § 108.421 Location of fire pumps and associated equipment. | USCG | Each fire pump required by § 108.415, and the source of power, controls, sea connections for the fire pump, and booster pumps, if installed, must be installed in locations where, if a fire occurs in an enclosed space, all of the fire pumps on the unit are not made inoperative, except that if compliance with this requirement is impracticable, a gas type extinguishing system may be installed to protect at least one of the fire pumps, its source of power, and controls. |
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CREATE TABLE cfr_sections (
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);