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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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| 21:21:2.0.1.1.9.1.1.1 | 21 | Food and Drugs | I | B | 109 | PART 109—UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-PACKAGING MATERIAL | A | Subpart A—General Provisions | § 109.3 Definitions and interpretations. | FDA | (a) Act means the Federal Food, Drug, and Cosmetic Act. (b) The definitions of terms contained in section 201 of the act are applicable to such terms when used in this part unless modified in this section. (c) A naturally occurring poisonous or deleterious substance is a poisonous or deleterious substance that is an inherent natural constituent of a food and is not the result of environmental, agricultural, industrial, or other contamination. (d) An added poisonous or deleterious substance is a poisonous or deleterious substance that is not a naturally occurring poisonous or deleterious substance. When a naturally occurring poisonous or deleterious substance is increased to abnormal levels through mishandling or other intervening acts, it is an added poisonous or deleterious substance to the extent of such increase. (e) Food includes human food and substances migrating to food from food-contact articles. | ||||
| 21:21:2.0.1.1.9.1.1.2 | 21 | Food and Drugs | I | B | 109 | PART 109—UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-PACKAGING MATERIAL | A | Subpart A—General Provisions | § 109.4 Establishment of tolerances, regulatory limits, and action levels. | FDA | [42 FR 52819, Sept. 30, 1977, as amended at 55 FR 20785, May 21, 1990; 88 FR 45065, July 14, 2023] | (a) When appropriate under the criteria of § 109.6, a tolerance for an added poisonous or deleterious substance, which may be a food additive, may be established by regulation in subpart B of this part under the provisions of section 406 of the act. A tolerance may prohibit any detectable amount of the substance in food. (b) When appropriate under the criteria of § 109.6, and under section 402(a)(1) of the act, a regulatory limit for an added poisonous or deleterious substance, which may be a food additive, may be established by regulation in subpart C of this part under the provisions of sections 402(a)(1) and 701(a) of the act. A regulatory limit may prohibit any detectable amount of the substance in food. The regulatory limit established represents the level at which food is adulterated within the meaning of section 402(a)(1) of the act. (c)(1) When appropriate under the criteria of § 109.6, an action level for an added poisonous or deleterious substance, which may be a food additive, may be established to define a level of contamination at which a food may be regarded as adulterated. (2) Whenever an action level is established or changed, a notice shall be published in the Federal Register as soon as practicable thereafter. The notice shall call attention to the material supporting the action level which shall be on file with the Dockets Management Staff before the notice is published. The notice shall invite public comment on the action level. (d) A regulation may be established in subpart D of this part to identify a food containing a naturally occurring poisonous or deleterious substance which will be deemed to be adulterated under section 402(a)(1) of the act. These regulations do not constitute a complete list of such foods. | |||
| 21:21:2.0.1.1.9.1.1.3 | 21 | Food and Drugs | I | B | 109 | PART 109—UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-PACKAGING MATERIAL | A | Subpart A—General Provisions | § 109.6 Added poisonous or deleterious substances. | FDA | [42 FR 52819, Sept. 30, 1977, as amended at 55 FR 20785, May 21, 1990] | (a) Use of an added poisonous or deleterious substance, other than a pesticide chemical, that is also a food additive, will be controlled by a regulation issued under section 409 of the act when possible. When such a use cannot be approved under the criteria of section 409 of the act, or when the added poisonous or deleterious substance is not a food additive, a tolerance, regulatory limit, or action level may be established pursuant to the criteria in paragraphs (b), (c), or (d) of this section. Residues resulting from the use of an added poisonous or deleterious substance that is also a pesticide chemical will ordinarily be controlled by a tolerance established in a regulation issued under sections 406, 408, or 409 of the act by the U.S. Environmental Protection Agency (EPA). When such a regulation has not been issued, an action level for an added poisonous or deleterious substance that is also a pesticide chemical may be established by the Food and Drug Administration. The Food and Drug Administration will request EPA to recommend such an action level pursuant to the criteria established in paragraph (d) of this section. (b) A tolerance for an added poisonous or deleterious substance in any food may be established when the following criteria are met: (1) The substance cannot be avoided by good manufacturing practice. (2) The tolerance established is sufficient for the protection of the public health, taking into account the extent to which the presence of the substance cannot be avoided and the other ways in which the consumer may be affected by the same or related poisonous or deleterious substances. (3) No technological or other changes are foreseeable in the near future that might affect the appropriateness of the tolerance established. Examples of changes that might affect the appropriateness of the tolerance include anticipated improvements in good manufacturing practice that would change the extent to which use of the substance is unavoidable and anticipated studies expected to provide significant ne… | |||
| 21:21:2.0.1.1.9.1.1.4 | 21 | Food and Drugs | I | B | 109 | PART 109—UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-PACKAGING MATERIAL | A | Subpart A—General Provisions | § 109.7 Unavoidability. | FDA | [42 FR 52819, Sept. 30, 1977, as amended at 55 FR 20785, May 21, 1990] | (a) Tolerances and action levels in this part are established at levels based on the unavoidability of the poisonous or deleterious substance concerned and do not establish a permissible level of contamination where it is avoidable. (b) Compliance with tolerances, regulatory limits, and action levels does not excuse failure to observe either the requirement in section 402(a)(4) of the act that food may not be prepared, packed, or held under insanitary conditions or the other requirements in this chapter that food manufacturers must observe current good manufacturing practices. Evidence obtained through factory inspection or otherwise indicating such a violation renders the food unlawful, even though the amounts of poisonous or deleterious substances are lower than the currently established tolerances, regulatory limits, or action levels. The manufacturer of food must at all times utilize quality control procedures which will reduce contamination to the lowest level currently feasible. | |||
| 21:21:2.0.1.1.9.1.1.5 | 21 | Food and Drugs | I | B | 109 | PART 109—UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-PACKAGING MATERIAL | A | Subpart A—General Provisions | § 109.15 Use of polychlorinated biphenyls (PCB's) in establishments manufacturing food-packaging materials. | FDA | (a) Polychlorinated biphenyls (PCB's) represent a class of toxic industrial chemicals manufactured and sold under a variety of trade names, including: Aroclor (United States); Phenoclor (France); Colphen (Germany); and Kanaclor (Japan). PCB's are highly stable, heat resistant, and nonflammable chemicals. Industrial uses of PCB's include, or did include in the past, their use as electrical transformer and capacitor fluids, heat transfer fluids, hydraulic fluids, and plasticizers, and in formulations of lubricants, coatings, and inks. Their unique physical and chemical properties and widespread, uncontrolled industrial applications have caused PCB's to be a persistent and ubiquitous contaminant in the environment, causing the contamination of certain foods. In addition, incidents have occurred in which PCB's have directly contaminated animal feeds as a result of industrial accidents (leakage or spillage of PCB fluids from plant equipment). These accidents in turn caused the contamination of food products intended for human consumption (meat, milk and eggs). Investigations by the Food and Drug Administration have revealed that a significant percentage of paper food-packaging material contains PCB's which can migrate to the packaged food. The origin of PCB's in such material is not fully understood. Reclaimed fibers containing carbonless copy paper (contains 3 to 5 percent PCB's) have been identified as a primary source of PCB's in paper products. Some virgin paper products have also been found to contain PCB's, the source of which is generally attributed to direct contamination from industrial accidents from the use of PCB-containing equipment and machinery in food packaging manufacturing establishments. Since PCB's are toxic chemicals, the PCB contamination of food-packaging materials as a result of industrial accidents, which can cause the PCB contamination of food, represents a hazard to public health. It is therefore necessary to place certain restrictions on the industrial uses of PCB's in establishments manufa… | ||||
| 21:21:2.0.1.1.9.1.1.6 | 21 | Food and Drugs | I | B | 109 | PART 109—UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-PACKAGING MATERIAL | A | Subpart A—General Provisions | § 109.16 Ornamental and decorative ceramicware. | FDA | [59 FR 1641, Jan. 12, 1994] | (a) Lead is a toxic metal that is used as a component of glazes and decorative decals on ceramics, including some ornamental and decorative ceramicware. The use of ornamental or decorative ceramicware to prepare, serve, or hold food may result in the leaching of lead from the glaze or decoration into the food. The provisions of paragraph (b) of this section are necessary to ensure that ornamental or decorative ceramicware bear adequate indications that they are not to be used for food-handling purposes. (b) Ornamental or decorative ceramicware initially introduced or initially delivered for introduction into interstate commerce on or after July 13, 1994 appears to be suitable for food use will be considered to be for food use unless: (1) It bears: (i) A conspicuous stick-on label on a surface clearly visible to consumers that states in legible script in letters at least 3.2 millimeters (0.125 inch) in height one of the following messages: “Not for Food Use. May Poison Food,” “Not for Food Use. Glaze contains lead. Food Use May Result in Lead Poisoning,” and “Not for Food Use—Food Consumed from this Vessel May be Harmful,” and (ii) A conspicuous and legible permanent statement of the message selected from paragraph (b)(1)(i) of this section molded or fired onto the exterior surface of the base or, when the ceramicware is not fired after decoration, permanently painted onto the exterior surface of the base. This permanent statement shall be in letters at least 3.2 millimeters (0.125 inch) in height, except that if insufficient space exists for the permanent statement in letters of such height, the statement shall be in the largest letters that will allow it to fit on the base of the piece, provided that the letters are at least 1.6 millimeters (0.062 inch) in height; or (2) A hole is bored through the potential food-contact surface. (c) In addition to steps required under paragraphs (b)(1) and (b)(2) of this section, the following optional information may be provided on the ware: (1) A further explanatory st… | |||
| 21:21:2.0.1.1.9.2.1.1 | 21 | Food and Drugs | I | B | 109 | PART 109—UNAVOIDABLE CONTAMINANTS IN FOOD FOR HUMAN CONSUMPTION AND FOOD-PACKAGING MATERIAL | B | Subpart B—Tolerances for Unavoidable Poisonous or Deleterious Substances | § 109.30 Tolerances for polychlorinated biphenyls (PCB's). | FDA | [42 FR 52819, Sept. 30, 1977, as amended at 44 FR 38340, June 29, 1979; 46 FR 8459, Jan. 27, 1981; 48 FR 10811, Mar. 15, 1983; 48 FR 37021, Aug. 16, 1983; 54 FR 24892, June 12, 1989; 59 FR 14364, Mar. 28, 1994; 61 FR 14480, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 88 FR 45065, July 14, 2023] | (a) Polychlorinated biphenyls (PCB's) are toxic, industrial chemicals. Because of their widespread, uncontrolled industrial applications, PCB's have become a persistent and ubiquitous contaminant in the environment. As a result, certain foods and animal feeds, principally those of animal and marine origin, contain PCB's as unavoidable, environmental contaminants. PCB's are transmitted to the food portion (meat, milk, and eggs) of food-producing animals ingesting PCB-contaminated animal feed. In addition, a significant percentage of paper food-packaging materials contain PCB's which may migrate to the packaged food. The source of PCB's in paper food-packaging materials is primarily of certain types of carbonless copy paper (containing 3 to 5 percent PCB's) in waste paper stocks used for manufacturing recycled paper. Therefore, temporary tolerances for residues of PCB's as unavoidable environmental or industrial contaminants are established for a sufficient period of time following the effective date of this paragraph to permit the elimination of such contaminants at the earliest practicable time. For the purposes of this paragraph, the term “polychlorinated biphenyls (PCB's)” is applicable to mixtures of chlorinated biphenyl compounds, irrespective of which mixture of PCB's is present as the residue. The temporary tolerances for residues of PCB's are as follows: (1) 1.5 parts per million in milk (fat basis). (2) 1.5 parts per million in manufactured dairy products (fat basis). (3) 3 parts per million in poultry (fat basis). (4) 0.3 parts per million in eggs. (5) 0.2 parts per million in finished animal feed for food-producing animals (except the following finished animal feeds: feed concentrates, feed supplements, and feed premixes). (6) 2 parts per million in animal feed components of animal origin, including fishmeal and other by-products of marine origin and in finished animal feed concentrates, supplements, and premixes intended for food producing animals. (7) 2 parts per million in fish and shellfish (… | |||
| 33:33:1.0.1.9.57.0.26.1 | 33 | Navigation and Navigable Waters | I | I | 109 | PART 109—GENERAL | § 109.01 Purpose. | USCG | [CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 51585, Sept. 4, 1979; USCG-1998-3799, 63 FR 35526, June 30, 1998] | The purpose of the rules and regulations in this subchapter is to implement certain laws and set forth the requirements for anchorage areas. | |||||
| 33:33:1.0.1.9.57.0.26.2 | 33 | Navigation and Navigable Waters | I | I | 109 | PART 109—GENERAL | § 109.05 Anchorage grounds. | USCG | [CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD 79-096, 44 FR 51585, Sept. 4, 1979; USCG-1998-3799, 63 FR 35526, June 30, 1998; USCG-2007-27887, 72 FR 45902, Aug. 16, 2007] | (a) Section 7 of the Rivers and Harbors Act of March 4, 1915 (33 U.S.C. 471), authorizes the establishment of anchorage grounds for vessels in navigable waters of the United States whenever it is apparent that these are required by the maritime or commercial interests of the United States for safe navigation. The statute also authorizes the adoption of suitable rules and regulations regarding the establishment of anchorage grounds, which are enforced by the Coast Guard. The authority conferred by this statute was transferred to and vested in the Secretary of Homeland Security by section 902(j) of the Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241, 120 Stat. 516), and delegated to the Commandant of the U.S. Coast Guard in Department of Homeland Security Delegation No. 0170.1. The Commandant redelegated the authority to establish anchorage grounds to each Coast Guard District Commander as provided in 33 CFR 1.05-1(e)(1)(i). (b) District Commanders will, whenever matters relating to the anchorage of vessels are under consideration, ascertain the view of the District and Division Engineer, Corps of Engineers, U.S. Army, and the proper representatives of other departments likely to be interested, including the Commandant of the Naval District concerned and the medical officer in charge of the quarantine station at localities where quarantine anchorages are involved, in order that they may arrange for suitable representation at such hearings. The views of the medical officer in charge of the quarantine station relating to the proposed location and boundaries of the quarantine anchorage will be accepted insofar as practicable and consistent with the establishment of other anchorage areas. (An Act of Congress approved July 1, 1944, as amended (42 U.S.C. 267), authorizes the Surgeon General, with the approval of the Secretary of Health, Education, and Welfare, to designate the boundaries of the quarantine grounds and quarantine anchorages for vessels which are reserved for use at each United States … | |||||
| 33:33:1.0.1.9.57.0.26.3 | 33 | Navigation and Navigable Waters | I | I | 109 | PART 109—GENERAL | § 109.07 Anchorages under Ports and Waterways Safety Act. | USCG | [CGD 3-81-1A, 47 FR 4063, Jan. 28, 1982, as amended by USCG-2003-14505, 68 FR 9535, Feb. 28, 2003] | The provisions of section 4 (a) and (b) of the Ports and Waterways Safety Act as delegated to the Commandant of the U.S. Coast Guard in Pub. L. 107-296, 116 Stat. 2135, authorize the Commandant to specify times of movement within ports and harbors, restrict vessel operations in hazardous areas and under hazardous conditions, and direct the anchoring of vessels. The sections listed in § 110.1a of this subchapter are regulated under the Ports and Waterways Safety Act. | |||||
| 33:33:1.0.1.9.57.0.26.4 | 33 | Navigation and Navigable Waters | I | I | 109 | PART 109—GENERAL | § 109.10 Special anchorage areas. | USCG | [USCG-2007-27887, 72 FR 45902, Aug. 16, 2007] | An Act of Congress of April 22, 1940, provides for the designation of special anchorage areas wherein vessels not more than sixty-five feet in length, when at anchor, will not be required to carry or exhibit anchorage lights. Such designation is to be made after investigation, by rule, regulation, or order, the procedure for which will be similar to that followed for anchorage grounds under section 7 of the Rivers and Harbors Act of March 4, 1915, as referred to in § 109.05. The areas so designated should be well removed from the fairways and located where general navigation will not endanger or be endangered by unlighted vessels. The authority to designate special anchorage areas was transferred to and vested in the Secretary of Homeland Security by section 902(j) of the Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241, 120 Stat 516), and delegated to the Commandant of the U.S. Coast Guard in Department of Homeland Security Delegation No. 0170.1. The Commandant redelegated the authority to establish anchorage grounds to each Coast Guard District Commander as provided in 33 CFR 1.05-1(e)(1)(i). | |||||
| 33:33:1.0.1.9.57.0.26.5 | 33 | Navigation and Navigable Waters | I | I | 109 | PART 109—GENERAL | § 109.15 Enforcement proceedings. | USCG | [CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by USCG-2007-27887, 72 FR 45903, Aug. 16, 2007] | Proceedings against a vessel violating the Anchorage Regulations are to be brought in the name of the officer of the Coast Guard assigned for the time being as Captain of the Port. When the vessel is at a port where there is no Coast Guard officer, proceedings will be initiated in the name of the District Commander. | |||||
| 33:33:1.0.1.9.57.0.26.6 | 33 | Navigation and Navigable Waters | I | I | 109 | PART 109—GENERAL | § 109.20 Publication; notice of proposed rule making. | USCG | [CGFR 67-46, 32 FR 17727, Dec. 12, 1967] | (a) Section 4 of the Administrative Procedure Act (5 U.S.C. 553), requires publication of general notice of proposed rule making in the Federal Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law), except to the extent that there is involved (1) any military, naval, or foreign affairs function of the United States or (2) any matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. Except where notice or hearing is required by statute, this requirement does not apply to interpretative rules, general statements of policy, rules of agency organization, procedure, or practice, or in any situation in which the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. (b) General notice of proposed rule making published in accordance with the above will include (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. | |||||
| 40:40:24.0.1.1.5.0.6.1 | 40 | Protection of Environment | I | D | 109 | PART 109—CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS | § 109.1 Applicability. | EPA | The criteria in this part are provided to assist State, local and regional agencies in the development of oil removal contingency plans for the inland navigable waters of the United States and all areas other than the high seas, coastal and contiguous zone waters, coastal and Great Lakes ports and harbors and such other areas as may be agreed upon between the Environmental Protection Agency and the Department of Transportation in accordance with section 11(j)(1)(B) of the Federal Act, Executive Order No. 11548 dated July 20, 1970 (35 FR 11677) and § 306.2 of the National Oil and Hazardous Materials Pollution Contingency Plan (35 FR 8511). | ||||||
| 40:40:24.0.1.1.5.0.6.2 | 40 | Protection of Environment | I | D | 109 | PART 109—CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS | § 109.2 Definitions. | EPA | As used in these guidelines, the following terms shall have the meaning indicated below: (a) Oil means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. (b) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (c) Remove or removal refers to the removal of the oil from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches. (d) Major disaster means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, or other catastrophe in any part of the United States which, in the determination of the President, is or threatens to become of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement the efforts and available resources of States and local governments and relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (e) United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (f) Federal Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1151 et seq. | ||||||
| 40:40:24.0.1.1.5.0.6.3 | 40 | Protection of Environment | I | D | 109 | PART 109—CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS | § 109.3 Purpose and scope. | EPA | The guidelines in this part establish minimum criteria for the development and implementation of State, local, and regional contingency plans by State and local governments in consultation with private interests to insure timely, efficient, coordinated and effective action to minimize damage resulting from oil discharges. Such plans will be directed toward the protection of the public health or welfare of the United States, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches. The development and implementation of such plans shall be consistent with the National Oil and Hazardous Materials Pollution Contingency Plan. State, local and regional oil removal contingency plans shall provide for the coordination of the total response to an oil discharge so that contingency organizations established thereunder can function independently, in conjunction with each other, or in conjunction with the National and Regional Response Teams established by the National Oil and Hazardous Materials Pollution Contingency Plan. | ||||||
| 40:40:24.0.1.1.5.0.6.4 | 40 | Protection of Environment | I | D | 109 | PART 109—CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS | § 109.4 Relationship to Federal response actions. | EPA | The National Oil and Hazardous Materials Pollution Contingency Plan provides that the Federal on-scene commander shall investigate all reported spills. If such investigation shows that appropriate action is being taken by either the discharger or non-Federal entities, the Federal on-scene commander shall monitor and provide advice or assistance, as required. If appropriate containment or cleanup action is not being taken by the discharger or non-Federal entities, the Federal on-scene commander will take control of the response activity in accordance with section 11(c)(1) of the Federal Act. | ||||||
| 40:40:24.0.1.1.5.0.6.5 | 40 | Protection of Environment | I | D | 109 | PART 109—CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS | § 109.5 Development and implementation criteria for State, local and regional oil removal contingency plans. | EPA | Criteria for the development and implementation of State, local and regional oil removal contingency plans are: (a) Definition of the authorities, responsibilities and duties of all persons, organizations or agencies which are to be involved or could be involved in planning or directing oil removal operations, with particular care to clearly define the authorities, responsibilities and duties of State and local governmental agencies to avoid unnecessary duplication of contingency planning activities and to minimize the potential for conflict and confusion that could be generated in an emergency situation as a result of such duplications. (b) Establishment of notification procedures for the purpose of early detection and timely notification of an oil discharge including: (1) The identification of critical water use areas to facilitate the reporting of and response to oil discharges. (2) A current list of names, telephone numbers and addresses of the responsible persons and alternates on call to receive notification of an oil discharge as well as the names, telephone numbers and addresses of the organizations and agencies to be notified when an oil discharge is discovered. (3) Provisions for access to a reliable communications system for timely notification of an oil discharge and incorporation in the communications system of the capability for interconnection with the communications systems established under related oil removal contingency plans, particularly State and National plans. (4) An established, prearranged procedure for requesting assistance during a major disaster or when the situation exceeds the response capability of the State, local or regional authority. (c) Provisions to assure that full resource capability is known and can be committed during an oil discharge situation including: (1) The identification and inventory of applicable equipment, materials and supplies which are available locally and regionally. (2) An estimate of the equipment, materials and supplies which would be required t… | ||||||
| 40:40:24.0.1.1.5.0.6.6 | 40 | Protection of Environment | I | D | 109 | PART 109—CRITERIA FOR STATE, LOCAL AND REGIONAL OIL REMOVAL CONTINGENCY PLANS | § 109.6 Coordination. | EPA | For the purposes of coordination, the contingency plans of State and local governments should be developed and implemented in consultation with private interests. A copy of any oil removal contingency plan developed by State and local governments should be forwarded to the Council on Environmental Quality upon request to facilitate the coordination of these contingency plans with the National Oil and Hazardous Materials Pollution Contingency Plan. | ||||||
| 46:46:4.0.1.2.13.1.39.1 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | A | Subpart A—General | § 109.101 Applicability. | USCG | No unit may be operated unless it complies with the regulations in this part. | ||||
| 46:46:4.0.1.2.13.1.39.2 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | A | Subpart A—General | § 109.103 Requirements of the International Convention for Safety of Life at Sea, 1974. | USCG | No self-propelled unit of more than 500 gross tons may embark on an international voyage unless it is issued the appropriate Convention certificate as described in §§ 107.401 through 107.413 of this subchapter. | ||||
| 46:46:4.0.1.2.13.1.39.3 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | A | Subpart A—General | § 109.105 Incorporation by reference. | USCG | [CGD 95-028, 62 FR 51208, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52191, Sept. 30, 1998; USCG-1999-5151, 64 FR 67182, Dec. 1, 1999; USCG-2009-0702, 74 FR 49233, Sept. 25, 2009; USCG-2012-0832, 77 FR 59781, Oct. 1, 2012; USCG-2013-0671, 78 FR 60152, Sept. 30, 2013] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a). To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the Federal Register and make the material available to the public. All approved material is on file at the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The material is also available 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. All material is available from the sources indicated in paragraph (b) of this section. (b) The material for incorporation by reference in this part and the sections affected are: American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation II-2/20 of the 1974 SOLAS Convention as amended PCN: 12-616260-01 (1996)—109.563 International Maritime Organization (IMO) Publications Section, 4 Albert Embankment, London, SE1 7SR United Kingdom. Resolution A.654.(16), Graphical Symbols for Fire Control Plans—109.563 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM Adjunct F 1626, Symbols for Use in Accordance with Regulation II-2/20 of the 1974 SOLAS Convention as amended PCN: 12-616260-01 (1996)—109.563 Publications Section, 4 Albert Embankment, London, SE1 7SR United Kingdom. Resolution A.654.(16), Graphical Symbols for Fire Control Plans—109.563 | |||
| 46:46:4.0.1.2.13.1.39.4 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | A | Subpart A—General | § 109.107 Designation of master or person in charge. | USCG | The owner of a unit or his agent shall designate an individual to be the master or person in charge of the unit. | ||||
| 46:46:4.0.1.2.13.1.39.5 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | A | Subpart A—General | § 109.109 Responsibilities of master or person in charge. | USCG | (a) The master or person in charge shall— (1) Ensure that the provisions of the Certificate of Inspection are adhered to; and (2) Be fully cognizant of the provisions in the operating manual required by § 109.121. (b) Nothing in this subpart shall be construed as limiting the master or person in charge, at his own responsibility, from diverting from the route prescribed in the Certificate of Inspection or taking such steps as he deems necessary and prudent to assist vessels in distress or for other emergency conditions. | ||||
| 46:46:4.0.1.2.13.1.39.6 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | A | Subpart A—General | § 109.121 Operating manual. | USCG | [CGD 83-071, 52 FR 6979, Mar. 6, 1987; 52 FR 9383, Mar. 24, 1987, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997; USCG-2006-25697, 71 FR 55746, Sept. 25, 2006] | (a) Each unit must have on board an operating manual approved by the Coast Guard as meeting the requirements of this section. (b) The operating manual must be available to, and written in a manner that is easily understood by, the unit's operating personnel and include the following: (1) A table of contents and general index. (2) A general description of the unit, including major dimensions, tonnages, dry bulk capacities, damage stability standard to which designed, hook load capacity, rotary table capacity, set back load capacity, drilling derrick capacity, and the identification, the maximum deadweight in pounds and kilograms, and the rotor size in feet and meters of the helicopter used for the design of the helicopter deck. (3) Limiting design data for each mode of operation, including draft, air gap, wave height, wave period, wind, current, temperature, and other environmental factors. (4) Instructions on the use of the stability data. (5) Lightweight data with a comprehensive listing of the inclusions and exclusions of semi-permanent equipment, together with guidance for the routine recording of lightweight alterations. (6) Information identifying the type, location, and quantities of permanent ballast. (7) Hydrostatic curves or tables. (8) The maximum allowable deck loadings either listed or shown on a plan. (9) A capacity plan showing the capacities and the vertical, longitudinal, and transverse centers of gravity of tanks and bulk material stowage spaces. (10) Tank sounding tables or curves showing capacities, the vertical, longitudinal, and transverse centers of gravity in graduated intervals, and the free surface data of each tank. (11) Stability information setting forth the maximum allowable height of the center of gravity in relation to draft data, displacement, and other applicable parameters unique to the design of the unit to determine compliance with the intact and damage stability criteria. (12) Examples of loading conditions for each mode of operation and instructions for developin… | |||
| 46:46:4.0.1.2.13.2.39.1 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.201 Steering gear, whistles, general alarm, and means of communication. | USCG | The master or person in charge shall ensure that— (a) Steering gear, whistles, general alarm bells, and means of communication between the bridge or control room and the engine room on self propelled units are inspected and tested— (1) Within 12 hours before getting under way; and (2) At least once each week if under way or on station; and (b) Whistles and general alarm bells on all other units are inspected examined and tested at least once each week. | ||||
| 46:46:4.0.1.2.13.2.39.2 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.203 Sanitation. | USCG | (a) The master or person in charge shall insure that the accommodation spaces are in a clean and sanitary condition. (b) The chief engineer, or engineer in charge if no chief engineer is required, shall insure that the engineering spaces are in a clean and sanitary condition. | ||||
| 46:46:4.0.1.2.13.2.39.3 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.205 Inspection of boilers and machinery. | USCG | The chief engineer or engineer in charge, before he assumes charge of the boilers and machinery of a unit shall inspect the boilers and machinery, other than industrial machinery, and report to the master or person in charge and the Officer in Charge, Marine Inspection, any parts that are not in operating condition. | ||||
| 46:46:4.0.1.2.13.2.39.4 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.209 Appliances for watertight integrity. | USCG | (a) Before getting underway, the master or person in charge shall insure that each appliance for watertight integrity is closed and watertight. (b) If existing conditions warrant, the master or person in charge may permit appliances for watertight integrity to be open while afloat. | ||||
| 46:46:4.0.1.2.13.2.39.5 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.211 Testing of emergency lighting and power systems. | USCG | (a) The master or person in charge shall insure that— (1) Each emergency lighting and each emergency power system is tested at least once each week; (2) Each emergency generator is tested at least once each month by operating it under load for at least 2 hours; and (3) Each storage battery for emergency lighting and power systems is tested every six months under actual connected load for a period of at least 2 hours. (b) After the 2 hour test period required in paragraph (a)(3) of this section, the voltage values under load or specific gravity of electrolyte must be measured. Measured values must be extrapolated to approximate the values that would result following a 12 hour test period. The test must be extended if a trend cannot be determined to allow extrapolation. The capacity of the battery corresponding to the extrapolated values of voltage or specific gravity must be sufficient to supply the actual connected load. | ||||
| 46:46:4.0.1.2.13.2.39.6 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.213 Emergency training and drills. | USCG | [CGD 84-069, 61 FR 25299, May 20, 1996, as amended at 63 FR 52815, Oct. 1, 1998] | (a) Training materials. Abandonment training material must be on board each unit. The training material must consist either of a manual of one or more volumes, written in easily understood terms and illustrated wherever possible, or audiovisual training aids, or both as follows: (1) If a training manual is used, a copy must be made available to each person on board the unit. If audiovisual training aids are used, they must be incorporated into the onboard training sessions described under paragraph (g) of this section. (2) The training material must explain, in detail— (i) The procedure for donning lifejackets, immersion suits, and anti-exposure suits carried on board; (ii) The procedure for mustering at the assigned stations; (iii) The procedure for boarding, launching, and clearing the survival craft and rescue boats; (iv) The method of launching from within the survival craft; (v) The procedure for releasing from launching appliances; (vi) The method and use of water spray systems in launching areas when required for the protection of aluminum survival craft or launching appliances; (vii) Illumination in launching area; (viii) The use of all survival equipment; (ix) The use of all detection equipment for the location of survivors or survival craft; (x) With illustrations, the use of radio lifesaving appliances; (xi) The use of sea anchors; (xii) The use of engine and accessories; (xiii) The recovery of survival craft and rescue boats, including stowage and securing; (xiv) The hazards of exposure and the need for warm clothing; (xv) The best use of the survival craft for survival; (xvi) The methods of retrieval, including the use of helicopter rescue gear (slings, baskets, stretchers), and unit's line throwing apparatus; (xvii) The other functions contained in the muster list and emergency instructions; and (xviii) The instructions for emergency repair of the lifesaving appliances. (b) Familiarity with emergency procedures. Each of the crew members and industrial personnel with assigned… | |||
| 46:46:4.0.1.2.13.2.39.7 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.223 Fire fighting equipment. | USCG | The master or person in charge shall insure that each hand portable fire extinguisher, semi-portable fire extinguisher, and fixed fire-extinguishing system is tested and inspected at least once each twelve months. | ||||
| 46:46:4.0.1.2.13.2.39.8 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | B | Subpart B—Tests, Drills, and Inspections | § 109.227 Verification of vessel compliance with applicable stability requirements. | USCG | [CGD 89-037, 57 FR 41823, Sept. 11, 1992] | (a) The master or person-in-charge shall determine that the vessel complies with all applicable stability requirements in the vessel's trim and stability book, operating manual, stability letter, Certificate of Inspection, and Load Line Certificate, as the case may be, and then enter an attestation statement of the verification in the log book, at the following times: (1) Prior to transitioning from the transit condition to the operating condition; (2) Prior to transitioning from the operating condition to the transit condition; (3) Prior to significant changes in deck load or ballast; (4) At other times as required by the vessel's trim and stability book or operating manual; and (5) At all other times necessary to assure the safety of the vessel. (b) When determining compliance with applicable stability requirements the vessel's draft, trim, and stability must be determined as necessary and any stability calculations made in support of the determination must be retained on board the vessel for a one month period or until a change of location, if shorter. | |||
| 46:46:4.0.1.2.13.3.39.1 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.301 Operational readiness, maintenance, and inspection of lifesaving equipment. | USCG | [CGD 84-069, 61 FR 25301, May 20, 1996, as amended by CGD 85-205, 62 FR 35392, July 1, 1997; CGD 84-069, 63 FR 52816, Oct. 1, 1998; USCG-2001-11118, 67 FR 58541, Sept. 17, 2002; USCG-2014-0688, 79 FR 58283, Sept. 29, 2014; USCG-2020-0519, 89 FR 76700, Sept. 18, 2024 ] | (a) Operational readiness. Except as provided in § 109.301(b)(3), each lifesaving appliance must be in good working order and ready for immediate use at all times when the unit is in operation. (b) Maintenance. (1) The manufacturer's instructions for onboard maintenance of lifesaving appliances must be onboard and must include the following for each appliance— (i) Checklists for use when carrying out the inspections required under § 109.301(e); (ii) Maintenance and repair instructions; (iii) A schedule of periodic maintenance; (iv) A diagram of lubrication points with the recommended lubricants; (v) A list of replaceable parts; (vi) A list of sources of spare parts; and (vii) A log for records of inspections and maintenance. (2) In lieu of compliance with paragraph (b)(1) of this section, The OCMI may accept a planned maintenance program that includes the items listed in that paragraph. (3) If lifeboats, rescue boats or rigid liferafts are maintained and repaired while the unit is in operation, there must be a sufficient number of lifeboats and liferafts remaining available for use to accommodate all persons on board. (c) Spare parts and repair equipment. Spare parts and repair equipment must be provided for each lifesaving appliance and component subject to excessive wear or consumption and that needs to be replaced regularly. (d) Weekly inspections and tests. (1) Each survival craft, rescue boat, and launching appliance must be visually inspected to ensure its readiness for use. (2) Each lifeboat engine and rescue boat engine must be run ahead and astern for a total of not less than 3 minutes, unless the ambient air temperature is below the minimum temperature required for starting the engine. During this time, demonstrations should indicate that the gear box and gear box train are engaging satisfactorily. If the special characteristics of an outboard motor fitted to a rescue boat would not allow the outboard motor to be run other than with its propeller submerged for a period of 3 minutes,… | |||
| 46:46:4.0.1.2.13.3.39.10 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.347 Pilot boarding equipment. | USCG | [CGD 79-032, 49 FR 25455, June 21, 1984] | (a) The master or person in charge shall ensure that pilot boarding equipment is maintained as follows: (1) The equipment must be kept clean and in good working order. (2) Each damaged step or spreader step on a pilot ladder must be replaced in kind with an approved replacement step or spreader step, prior to further use of the ladder. The replacement step or spreader step must be secured by the method used in the original construction of the ladder, and in accordance with manufacturer instructions. (b) The master or person in charge shall ensure compliance with the following during pilot boarding operations: (1) Only approved pilot boarding equipment may be used. (2) The pilot boarding equipment must rest firmly against the hull of the vessel and be clear of overboard discharges. (3) Two man ropes, a safety line and an approved lifebuoy with an approved water light must be at the point of access and be immediately available for use during boarding operations. (4) Rigging of the equipment and embarkation/debarkation of a pilot must be supervised in person by a deck officer. (5) Both the equipment over the side and the point of access must be adequately lit during night operations. (6) If a pilot hoist is used, a pilot ladder must be kept on deck adjacent to the hoist and available for immediate use. | |||
| 46:46:4.0.1.2.13.3.39.2 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.323 Manning of survival craft and supervision. | USCG | [CGD 84-069, 61 FR 25302, May 20, 1996] | (a) There must be a sufficient number of trained persons on board the survival craft for mustering and assisting untrained persons. (b) There must be a sufficient number of deck officers, able seamen, or certificated persons on board to operate the survival craft and launching arrangements required for abandonment by the total number of persons on board. (c) There must be one person placed in charge of each survival craft to be used. The person in charge must— (1) Be a deck officer, able seaman, or certificated person. The OCMI, considering the number of persons permitted on board, and the characteristics of the unit, may permit persons practiced in the handling and operation of liferafts or inflatable buoyant apparatus to be placed in charge of liferafts or inflatable buoyant apparatus; (2) Have another person designated second-in-command of each lifeboat permitted to carry more than 40 persons. This person should be a deck officer, able seaman, or certificated person; and (3) Have a list of the survival craft crew and must see that the crewmembers are acquainted with their duties. The second-in-command of a lifeboat must also have a list of the lifeboat crew. (d) There must be a person assigned to each motorized survival craft who is capable of operating the engine and carrying out minor adjustments. (e) The person in charge must make sure that the persons required under paragraphs (a), (b), and (c) of this section are equitably distributed among the unit's survival craft. | |||
| 46:46:4.0.1.2.13.3.39.3 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.329 Fire pumps. | USCG | The master or person in charge shall insure that at least one of the fire pumps required in § 108.415 is ready for use on the fire main system at all times. | ||||
| 46:46:4.0.1.2.13.3.39.4 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.331 Firehoses and hydrants. | USCG | The master or person in charge shall insure that— (a) At least one length of firehose with a combination nozzle is connected to each fire hydrant required by this subchapter, at all times, except that during heavy weather a firehose in an exposed location may be temporarily removed from the fire hydrant and stowed in an accessible, nearby location; (b) A fire hose required by this subchapter is not used for any purpose other than firefighting, fire drills, and testing; (c) Access to each fire hydrant is not blocked; (d) Each firehose, except a firehose temporarily removed from an exposed location, is stowed on a rack or reel required by this subchapter; and (e) Each low velocity spray applicator for a fire hose nozzle is attached to the nozzle or stowed next to the fire hydrant to which the fire hose is attached. | ||||
| 46:46:4.0.1.2.13.3.39.5 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.333 Fire main cutoff valves. | USCG | The master or person in charge shall insure that each fire main cutoff valve is open and sealed to prevent closing, except that a cutoff valve may be closed to protect the portion of the fire main system on an exposed deck from freezing. | ||||
| 46:46:4.0.1.2.13.3.39.6 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.334 Working over water. | USCG | The master or person in charge shall insure that each person working over the water is wearing a life preserver or a buoyant work vest. | ||||
| 46:46:4.0.1.2.13.3.39.7 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.335 Stowage of work vests. | USCG | The master or person in charge shall insure that no work vest is stowed where life preservers are stowed. | ||||
| 46:46:4.0.1.2.13.3.39.8 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.337 Fireman's outfit. | USCG | The master or person in charge shall insure that— (a) At least 2 persons who are trained in the use of the fireman's outfit are on board at all times; and (b) Each fireman's outfit and its spare equipment is stowed in a separate and accessible location. (c) A fireman's outfit is not used for any purpose other than fire fighting except as provided in § 108.703. | ||||
| 46:46:4.0.1.2.13.3.39.9 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | C | Subpart C—Operation and Stowage of Safety Equipment | § 109.339 Location of fire axes. | USCG | The master or person in charge shall insure that the fire axes required in § 108.499 of this subchapter are located in the enclosures for fire hoses marked in accordance with § 108.633 of this subchapter, if the fire axes are not located in plain view. | ||||
| 46:46:4.0.1.2.13.4.39.1 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.411 Notice and reporting of casualty. | USCG | [CGD 84-099, 52 FR 47536, Dec. 14, 1987] | The requirements for providing notice and reporting of marine casualties are contained in Part 4 of this chapter. | |||
| 46:46:4.0.1.2.13.4.39.2 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.415 Retention of records after casualty. | USCG | (a) The owner, agent, master, or person in charge of a unit for which a report of casualty is made under § 109.411 shall insure that all records maintained on the unit are retained on board the unit for at least 3 months after the report of casualty is made or until advised by the Officer in Charge, Marine Inspection, that records need not be retained on board. (b) The records which must be retained in accordance with paragraph (a) of this section include: (1) Rough and smooth deck log. (2) Rough and smooth engine room log. (3) Tour reports. (4) Bell books. (5) Navigation charts in use at the time of casualty. (6) Navigation work books. (7) Compass deviation cards. (8) Gyrocompass records. (9) Storage plans. (10) Record of drafts. (11) Notices to mariners. (12) Radiograms sent and received. (13) The radio log. (14) Personnel list. (15) Crane record book. (c) The owner, agent, master, or person in charge shall, upon request, make the records described in this section available for examination by any Coast Guard official authorized to investigate the casualty. | ||||
| 46:46:4.0.1.2.13.4.39.3 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.419 Report of unsafe machinery. | USCG | If a boiler, unfired pressure vessel, or other machinery on a unit is unsafe to operate, the master or person in charge shall report the existence of the unsafe condition to the Officer in Charge, Marine Inspection. | ||||
| 46:46:4.0.1.2.13.4.39.4 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.421 Report of repairs to boilers and pressure vessels. | USCG | Before making repairs, except normal repairs and maintenance such as replacement of valves or pressure seals, to boilers or unfired pressure vessels in accordance with § 50.05-10 of this chapter, the master or person in charge shall report the nature of the repairs to the Officer in Charge, Marine Inspection. | ||||
| 46:46:4.0.1.2.13.4.39.5 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.425 Repairs and alterations: Fire detecting and extinguishing equipment. | USCG | [CGD 84-069, 63 FR 52816, Oct. 1, 1998] | (a) Before making repairs or alterations, except for routine maintenance, minor repairs, or emergency repairs or alterations to fire detecting and extinguishing equipment, the master or person in charge must report the nature of the repairs or alterations to the OCMI. (b) When emergency repairs or alterations, other than minor emergency repairs, have been made to fire-detecting or fire-extinguishing equipment, the master or person in charge must report the nature of the repairs or alterations to the OCMI. | |||
| 46:46:4.0.1.2.13.4.40.10 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.439 Crane certificates. | USCG | The master or person in charge shall insure that the following certificates and records for each crane are maintained on the unit: (a) Each certificate issued by a crane certifying authority. (b) Each record and original certificate, or certified copy of a certificate, or manufacturers or testing laboratories, companies or organizations for— (1) Loose gear; (2) Wire rope; and (3) The annealing of wrought iron gear. | ||||
| 46:46:4.0.1.2.13.4.40.6 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.431 Logbook. | USCG | [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997; USCG-1999-6216, 64 FR 53227, Oct. 1, 1999] | (a) The master or person in charge of a unit, that is required by 46 U.S.C. 11301 to have an official logbook, shall maintain the logbook on Form CG-706. When the voyage is completed, the master or person in charge shall file the logbook with the Officer in Charge, Marine Inspection. (b) The master or person in charge of a unit that is not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, an unofficial logbook for making the entries required by this subpart. This logbook must be retained on board until the unit's next reinspection or inspection for certification. | |||
| 46:46:4.0.1.2.13.4.40.7 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.433 Logbook entries. | USCG | [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 83-067, 49 FR 39162, Oct. 4, 1984; CGD 89-037, 57 FR 41824, Sept. 11, 1992; CGD 84-069, 61 FR 25303, May 20, 1996] | 1 Note: 46 U.S.C. 11301 requires that certain entries be made in an official logbook, in addition to the entries required by this section; and 46 U.S.C. 11302 prescribes the manner of making those entries. The master or person in charge shall insure that the following applicable entries are made in the logbook required by this subpart: (a) The date of each test of the steering gear, whistle, general alarm, and communications equipment and the condition of the equipment. (b) The time and date of each opening and closing, while the unit is afloat, of each required appliance for watertight integrity not fitted with a remote operating control or alarm system and the reasons for the action. (c) The date of each test of emergency lighting and power systems and the condition and performance of the equipment. (d) The logbook must include information on emergency training drills required in § 109.213(h). (e) Prior to getting underway, the fore and aft drafts, the position of the loadline marks in relation to the surface of the water, and the density of the water in which the vessel is floating, if in fresh or brackish water. (f) After loading and prior to getting underway and at all other times necessary to assure the safety of the vessel, a statement verifying vessel compliance with applicable stability requirements as required by § 109.227. (g) The date of each inspection of each accommodation space. (h) The date of each inspection required in § 109.573 if performed by the master or person in charge. | |||
| 46:46:4.0.1.2.13.4.40.8 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.435 Record of fire fighting equipment inspection. | USCG | (a) The master or person in charge shall ensure that a record of each test and inspection required in § 109.223 is maintained on board, until the unit is reinspected or inspected for certification. (b) The record required in paragraph (a) of this section must show— (1) The date of each test and inspection; (2) The number or other identification of each item of equipment tested or inspected; and (3) The name of the person, and the company he represents if any, who conducts the test or inspection. | ||||
| 46:46:4.0.1.2.13.4.40.9 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | D | Subpart D—Reports, Notifications, and Records | § 109.437 Crane record book. | USCG | The master or person in charge shall ensure that the following are maintained in a crane record book: (a) Descriptive information which will identify each crane including— (1) The API name plate data required by Section 11 of API Spec. 2C, Second Edition, February 1972; and (2) The rates load chart for each line reeving and boom length which may be utilized. (b) Information required by Section 3 of the American Petroleum Institute Recommended Practice for Operation and Maintenance of Offshore Cranes, API RP 2D, First Edition (October 1972) with supplement 1. (c) Dates and results of frequent inspections and tests required in paragraph (b) of this section. (d) Dates and results of periodic inspections and tests required in paragraph (b) of this section. (e) Date and result of each rated load test. (f) Date and description of each replacement or renewal of wire rope, hooks, and other load components. (g) Date and description of each failure of the crane, or any component or safety feature. (h) Date and description of each repair to the crane structure, boom, or equipment. | ||||
| 46:46:4.0.1.2.13.5.41.1 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | E | Subpart E—Emergency Signals | § 109.503 Emergency signals. | USCG | [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 84-069, 61 FR 25303, May 20, 1996] | (a) Emergency stations signals are established as follows: (1) The signal to man emergency stations is a rapid succession of short soundings of both the general alarm bell and the whistle, if a whistle is installed, for a period of not less than 10 seconds. (2) The signal to secure from emergency stations is the sounding of both the general alarm bell and the whistle, if a whistle is installed, three times. (b) The abandon unit stations signals are established as follows: (1) The signal to man abandon unit stations is a continuous sounding of both the general alarm and the whistle, if a whistle is installed. (2) If whistle signals are used to direct the handling of lifeboats and davit-launched liferafts, they must be— (i) One short blast to lower the lifeboats and davit-launched liferafts; and (ii) Two short blasts to stop lowering the lifeboats and davit-launched liferafts. (3) The signal to secure from abandon unit stations is the sounding of both the general alarm bell and the whistle, if a whistle is installed, three times. | |||
| 46:46:4.0.1.2.13.6.41.1 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | F | Subpart F—Cranes | § 109.521 Cranes: General. | USCG | The master or person in charge shall ensure that each crane is operated and maintained in accordance with the API Recommended Practice for Operation and Maintenance of Offshore Cranes, API RP 2D, First Edition (Oct. 1972) with supplement 1. | ||||
| 46:46:4.0.1.2.13.6.41.2 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | F | Subpart F—Cranes | § 109.525 Cranes: Working loads. | USCG | The master or person in charge shall ensure that tables indicating the maximum safe working loads for the various working angles of the boom, where the boom is rated at varying capacities depending on the radius, and the maximum and minimum radius at which the boom may be safely used, are conspicuously posted near the controls and are visible to the operator when working the crane. | ||||
| 46:46:4.0.1.2.13.6.41.3 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | F | Subpart F—Cranes | § 109.527 Cranes: Operator designation. | USCG | (a) The master or person in charge shall designate, in writing, each crane operator. (b) The master or person in charge shall ensure that only designated operators operate cranes. (c) The master or person in charge shall ensure that each designated operator is familiar with the provisions of the API Recommended Practice for Operation and Maintenance of Offshore Cranes, API RP 2D, First Edition (Oct. 1972) with supplement 1. | ||||
| 46:46:4.0.1.2.13.7.41.1 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.555 Propulsion boilers. | USCG | [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997] | The master or person in charge and the engineer in charge shall ensure that— (a) Steam pressure does not exceed that allowed by the certificate of inspection; and (b) The safety valves, once set, are not tampered with or made inoperative. | |||
| 46:46:4.0.1.2.13.7.41.10 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.585 Use of auto pilot. | USCG | Except as provided in 33 CFR 164.15, when the automatic pilot is used in areas of high traffic density, conditions of restricted visibility, and all other hazardous navigational situations, the master or person in charge shall ensure that— (a) It is possible to immediately establish manual control of the unit's steering; (b) A competent person is ready at all times to take over steering control; and (c) The changeover from automatic to manual steering and vice versa is made by, or under the supervision of, the officer of the watch. | ||||
| 46:46:4.0.1.2.13.7.41.2 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.557 Flammable and combustible liquids: Carriage. | USCG | [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 84-043, 55 FR 37413, Sept. 11, 1990] | The master or person in charge shall ensure that— (a) Flammable and combustible liquids in bulk are not carried, except as allowed by endorsement to the Certificate of Inspection; (b) Portable tanks are handled and stowed in accordance with subparts 98.30 and 98.33 of this chapter and the provisions of 49 CFR parts 171 through 179 that apply to portable tanks; and (c) Grades B and lower liquids are— (1) Authorized, by the Commandant, to be carried; and (2) Carried only in fixed independent or integral tanks. | |||
| 46:46:4.0.1.2.13.7.41.3 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.559 Explosives and radioactive materials. | USCG | Except as authorized by the master or person in charge, no person may use explosives or radioactive materials and equipment on a unit. | ||||
| 46:46:4.0.1.2.13.7.41.4 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.563 Posting of documents. | USCG | [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 95-028, 62 FR 51208, Sept. 30, 1997; USCG-2000-7790, 65 FR 58462, Sept. 29, 2000] | The master or person in charge shall ensure that the following are posted under glass in the pilot house or control center: (a) General arrangement plans for each deck showing— (1) Each fire retardant bulkhead; (2) Each fire detecting, manual alarm, and fire extinguishing system; (3) Each fire door; (4) Each means of ingress to compartments; and (5) Each ventilating system, including the location of each damper, fan, and remote means of stopping the fans. (6) For units constructed on or after September 30, 1997, and for existing units which have their plans redrawn, the symbols used to identify the aforementioned details shall be in accordance with IMO Assembly resolution A.654(16). The identical symbols can be found in ASTM Adjunct F 1626 (incorporated by reference, see § 109.105). (b) The stability letter issued by the Coast Guard. (c) Each SOLAS and Coast Guard certificate issued to the unit. | |||
| 46:46:4.0.1.2.13.7.41.5 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.564 Maneuvering characteristics. | USCG | (a) The master or person in charge of each self-propelled unit of 1,600 gross tons and over shall ensure that a maneuvering information fact sheet is prominently displayed in the pilothouse. (b) For surface type units, the maneuvering information in Subpart 97.19 of this chapter must be displayed. (c) The maneuvering information requirements for column stabilized, self-elevating, and other units of unusual design will be specified on a case by case basis. | ||||
| 46:46:4.0.1.2.13.7.41.6 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.565 Charts and nautical publications. | USCG | The master or person in charge of a self-propelled unit shall ensure that the unit has the following adequate, up to date, and appropriate items for the intended voyage: (a) Charts. (b) Sailing directions. (c) Coast pilots. (d) Light lists. (e) Notices to mariners. (f) Tide Tables. (g) Current Tables. (h) All other nautical publications necessary. 1 1 Note: For U.S. units in or on the navigable waters of the United States. See 33 CFR 164.33. | ||||
| 46:46:4.0.1.2.13.7.41.7 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.573 Riveting, welding, and burning operations. | USCG | Except as allowed by this section— (a) The master or person in charge shall ensure that there is no riveting, welding, or burning— (1) In a fuel tank; (2) On the boundary of a fuel tank; (3) On pipelines, heating coils, pumps, fittings, or other appurtenances connected to fuel tanks; or (4) On the boundary of spaces adjacent to tanks carrying Grades A, B, or C flammable liquids in bulk. (b) The operations prohibited in paragraph (a) of this section may be allowed if— (1) An inspection conducted in accordance with the “Standard for the Control of Gas Hazards on Vessels to be Repaired,” N.F.P.A. No. 306-1974, is made— (i) In ports or navigable waters of the United States, its territories and possessions, by— (A) A marine chemist certified by the National Fire Protection Association; or (B) If a certified marine chemist is not available, a person designated by the Officer in Charge, Marine Inspection; or (ii) In all other locations by— (A) A marine chemist certified by the National Fire Protection Association; (B) If a certified marine chemist is not available, a person designated by the Officer in Charge, Marine Inspection; or (C) If the persons required in paragraphs (b)(1)(ii) (A) and (B) of this section are not available, the master or person in charge; or a welding supervisor designated, in writing, by the master or person in charge; and (2) A certificate is issued by the person conducting the inspection stating— (i) That he conducted the inspection in accordance with the standard in paragraph (b)(1) of this section; (ii) The operations that may be conducted; and (iii) A list of precautions to be followed during the operations; (c) The master or person in charge shall ensure that the precautions in paragraph (b)(2)(iii) of this section are followed. | ||||
| 46:46:4.0.1.2.13.7.41.8 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.575 Accumulation of liquids on helicopter decks. | USCG | The master or person in charge shall ensure that no liquids are allowed to accumulate on the helicopter decks. | ||||
| 46:46:4.0.1.2.13.7.41.9 | 46 | Shipping | I | I-A | 109 | PART 109—OPERATIONS | G | Subpart G—Miscellaneous | § 109.577 Helicopter fueling. | USCG | [CGD 73-251, 43 FR 56828, Dec. 4, 1978, as amended by CGD 84-043, 55 FR 37413, Sept. 11, 1990] | (a) The master or person in charge shall designate persons to conduct helicopter fueling operations. (b) Portable tanks are handled and stowed in accordance with subparts 98.30 and 98.33 of this chapter and the provisions of 49 CFR parts 171 through 179 that apply to portable tanks; and | |||
| 49:49:2.1.1.1.5.1.25.1 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | A | Subpart A—Definitions | § 109.1 Definitions. | PHMSA | For purposes of this part, all terms defined in 49 U.S.C. 5102 are used in their statutory meaning. Other terms used in this part are defined as follows: Administrator means the head of any operating administration within the Department of Transportation, and includes the Administrators of the Federal Aviation Administration, Federal Motor Carrier Safety Administration, Federal Railroad Administration, and Pipeline and Hazardous Materials Safety Administration, to whom the Secretary has delegated authority in part 1 of this title, and any person within an operating administration to whom an Administrator has delegated authority to carry out this part. Agent of the Secretary or agent means a Federal officer, employee, or agent authorized by the Secretary to conduct inspections or investigations under the Federal hazardous material transportation law. Chief Safety Officer or CSO means the Assistant Administrator of the Pipeline and Hazardous Materials Safety Administration. Emergency order means an emergency restriction, prohibition, recall, or out-of-service order set forth in writing. Freight container means a package configured as a reusable container that has a volume of 64 cubic feet or more, designed and constructed to permit being lifted with its contents intact and intended primarily for containment of smaller packages (in unit form) during transportation. Immediately adjacent means a packaging that is in direct contact with the hazardous material or is otherwise the primary means of containment of the hazardous material. Imminent hazard means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment. In writing means unless otherwise specified, the written expression of an… | ||||
| 49:49:2.1.1.1.5.2.25.1 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.3 Inspections and Investigations. | PHMSA | (a) General authority. An Administrator may initiate an inspection or investigation to determine compliance with Federal hazardous material transportation law, or a regulation, order, special permit, or approval prescribed or issued under the Federal hazardous material transportation law, or any court decree or order relating thereto. (b) Inspections and investigations. Inspections and investigations are conducted by designated agents of the Secretary who will, upon request, present their credentials for examination. Such an agent is authorized to: (1) Administer oaths and receive affirmations in any matter under investigation. (2) Gather information by any reasonable means, including, but not limited to, gaining access to records and property (including packages), interviewing, photocopying, photographing, and video- and audio-recording in a reasonable manner. (3) Serve subpoenas for the production of documents or other tangible evidence if, on the basis of information available to the agent, the evidence is relevant to a determination of compliance with the Federal hazardous material transportation law, regulation, order, special permit, or approval prescribed or issued under the Federal hazardous material transportation law, or any court decree or order relating thereto. Service of a subpoena shall be in accordance with the requirements of the agent's operating administration as set forth in 14 CFR 13.3 (Federal Aviation Administration); 49 CFR 209.7 (Federal Railroad Administration), 49 U.S.C. 502(d), 5121(a) (Federal Motor Carrier Safety Administration), and 49 CFR 105.45-105.55 (Pipeline and Hazardous Materials Safety Administration). | ||||
| 49:49:2.1.1.1.5.2.25.2 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.5 Opening of packages. | PHMSA | [76 FR 11592, Mar. 2, 2011, as amended at 78 FR 60763, Oct. 2, 2013] | (a) In general. Except as provided in paragraph (b): (1) Stop movement of the package in transportation and gather information from any person to learn the nature and contents of the package; (2) Open any overpack, outer packaging, or other component of the package that is not immediately adjacent to the hazardous materials contained in the package and examine the inner packaging(s) or packaging components. (b) Perishable hazardous material. To ensure the expeditious transportation of a package containing a perishable hazardous material, an agent will utilize appropriate alternatives before exercising an authority under paragraph (a) of this section. | |||
| 49:49:2.1.1.1.5.2.25.3 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.7 Removal from transportation. | PHMSA | An agent may remove a package and related packages in a shipment or a freight container from transportation in commerce for up to forty-eight (48) hours when the agent has an objectively reasonable and articulable belief that the packages may pose an imminent hazard. The agent must record this belief in writing as soon as practicable and provide written notification stating the reason for removal to the person in possession. | ||||
| 49:49:2.1.1.1.5.2.25.4 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.9 Transportation for examination and analysis. | PHMSA | (a) An agent may direct a package to be transported to a facility for examination and analysis when the agent determines that: (1) Further examination of the package is necessary to evaluate whether the package conforms to subchapter C of this chapter; (2) Conflicting information concerning the package exists; or (3) Additional investigation is not possible on the immediate premises. (b) In the event of a determination in accordance with paragraph (a) of this section, an agent may: (1) Direct the offeror of the package, or other person responsible for the package, to have the package transported to a facility where the material may be examined and analyzed; (2) Direct the packaging manufacturer or tester of the packaging to have the package transported to a facility where the packaging may be tested in accordance with the HMR; or (3) Direct the carrier to transport the package to a facility capable of conducting such examination and analysis. (c) The 48-hour removal period provided in § 109.7 may be extended in writing by the Administrator pending the conclusion of examination and analysis under this section. | ||||
| 49:49:2.1.1.1.5.2.25.5 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.11 Assistance of properly qualified personnel. | PHMSA | An agent may authorize properly qualified personnel to assist in the activities conducted under this part if the agent is not properly qualified to perform a function that is essential to the agent's exercise of authority under this part or when safety might otherwise be compromised by the agent's performance of such a function. | ||||
| 49:49:2.1.1.1.5.2.25.6 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.13 Closing packages and safe resumption of transportation. | PHMSA | (a) No imminent hazard found. If, after an agent exercises an authority under § 109.5, the agent finds that no imminent hazard exists, and the package otherwise conforms to applicable requirements in subchapter C of this chapter, the agent will: (1) Assist in preparing the package for safe and prompt transportation, when practicable, by reclosing the package in accordance with the packaging manufacturer's closure instructions or other appropriate closure method; (2) Mark and certify the reclosed package to indicate that it was opened and reclosed in accordance with this part; (3) Return the package to the person from whom the agent obtained it, as soon as practicable; and (4) For a package containing a perishable hazardous material, assist in resuming the safe and expeditious transportation of the package as soon as practicable after determining that the package presents no imminent hazard. (b) Imminent hazard found. If an imminent hazard is found to exist after an agent exercises an authority under § 109.5, the Administrator or his/her designee may issue an out-of-service order prohibiting the movement of the package until the package has been brought into compliance with subchapter C of this chapter. Upon receipt of the out-of-service order, the person in possession of, or responsible for, the package must remove the package from transportation until it is brought into compliance. (c) Package does not contain hazardous material. If, after an agent exercises an authority under § 109.5, the agent finds that a package does not contain a hazardous material, the agent shall securely close the package, mark and certify the reclosed package to indicate that it was opened and reclosed, and return the package to transportation. (d) Non-compliant package. If, after an agent exercises an authority under § 109.5, the agent finds that a package contains hazardous material and does not conform to requirements in subchapter C of this chapter, but does not present an imminent hazard, the agent will return the pa… | ||||
| 49:49:2.1.1.1.5.2.25.7 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.15 Termination. | PHMSA | When the facts disclosed by an investigation indicate that further action is not warranted under this part at the time, the Administrator will close the investigation without prejudice to further investigation and notify the person being investigated of the decision. Nothing herein precludes civil enforcement action at a later time related to the findings of the investigation. | ||||
| 49:49:2.1.1.1.5.2.25.8 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | B | Subpart B—Inspections and Investigations | § 109.16 Notification of enforcement measures. | PHMSA | [78 FR 60763, Oct. 2, 2013] | In addition to complying with the notification requirements in § 109.7 of this part, an agent, after exercising an authority under this subpart, will immediately take reasonable measures to notify the offeror and the person in possession of the package, providing the reason for the action being taken, the results of any preliminary investigation including apparent violations of subchapter C of this chapter, and any further action that may be warranted. | |||
| 49:49:2.1.1.1.5.3.25.1 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | C | Subpart C—Emergency Orders | § 109.17 Emergency Orders. | PHMSA | (a) Determination of imminent hazard. When an Administrator determines that a violation of a provision of the Federal hazardous material transportation law, or a regulation or order prescribed under that law, or an unsafe condition or practice, constitutes or is causing an imminent hazard, as defined in § 109.1, the Administrator may issue or impose emergency restrictions, prohibitions, recalls, or out-of-service orders, without advance notice or an opportunity for a hearing. The basis for any action taken under this section shall be set forth in writing which must— (1) Describe the violation, condition, or practice that constitutes or is causing the imminent hazard; (2) Set forth the terms and conditions of the emergency order; (3) Be limited to the extent necessary to abate the imminent hazard; and, (4) Advise the recipient that, within 20 calendar days of the date the order is issued, recipient may request review; and that any request for a formal hearing in accordance with 5 U.S.C. 554 must set forth the material facts in dispute giving rise to the request for a hearing; and (5) Set forth the filing and service requirements contained in § 109.19(f), including the address of DOT Docket Operations and of all persons to be served with the petition for review. (b) Out-of-service order. An out-of-service order is issued to prohibit the movement of an aircraft, vessel, motor vehicle, train, railcar, locomotive, transport unit, transport vehicle, or other vehicle, or a freight container, portable tank, or other package until specified conditions of the out-of-service order have been met. (1) Upon receipt of an out-of-service order, the person in possession of, or responsible for, the package must remove the package from transportation until it is brought into compliance with the out-of-service order. (2) A package subject to an out-of-service order may be moved from the place where it was found to present an imminent hazard to the nearest location where the package can be brought into compliance, provide… | ||||
| 49:49:2.1.1.1.5.3.25.2 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | C | Subpart C—Emergency Orders | § 109.19 Petitions for review of emergency orders. | PHMSA | (a) Petitions for review. A petition for review must— (1) Be in writing; (2) State with particularity each part of the emergency order that is sought to be amended or rescinded and include all information, evidence and arguments in support thereof; (3) State whether a formal hearing in accordance with 5 U.S.C. 554 is requested, and, if so, the material facts in dispute giving rise to the request for a hearing; and, (4) Be filed and served in accordance with § 109.19(f). (b) Response to the petition for review. An attorney designated by the Office of Chief Counsel of the operating administration issuing the emergency order may file and serve, in accordance with § 109.19(f), a response, including appropriate pleadings, within five calendar days of receipt of the petition by the Chief Counsel of the operating administration issuing the emergency order. (c) Chief Safety Officer Responsibilities —(1) Hearing requested. Upon receipt of a petition for review of an emergency order that includes a formal hearing request and states material facts in dispute, the Chief Safety Officer shall immediately assign the petition to the Office of Hearings. Unless the Chief Safety Officer issues an order stating that the petition fails to set forth material facts in dispute and will be decided under paragraph (c)(2) of this section, a petition for review including a formal hearing request will be deemed assigned to the Office of Hearings three calendar days after the Chief Safety Officer receives it. (2) No hearing requested. For a petition for review of an emergency order that does not include a formal hearing request or fails to state material facts in dispute, the Chief Safety Officer shall issue an administrative decision on the merits within 30 days of receipt of the petition. The Chief Safety Officer's decision constitutes final agency action. (d) Hearings. Formal hearings shall be conducted by an Administrative Law Judge assigned by the Chief Administrative Law Judge of the Office of Hearings. The Administra… | ||||
| 49:49:2.1.1.1.5.3.25.3 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | C | Subpart C—Emergency Orders | § 109.21 Remedies generally. | PHMSA | An Administrator may request the Attorney General to bring an action in the appropriate United States district court seeking temporary or permanent injunctive relief, punitive damages, assessment of civil penalties as provided by 49 U.S.C. 5122(a), and any other appropriate relief to enforce the Federal hazardous material transportation law, regulation, order, special permit, or approval prescribed or issued under the Federal hazardous material transportation law. | ||||
| 49:49:2.1.1.1.5.4.25.1 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | D | Subpart D—Equipment | § 109.25 Equipment. | PHMSA | When an agent exercises an authority under subpart B of this part, the agent shall use the appropriate safety, handling, and other equipment authorized by his or her operating administration's equipment requirements for hazardous material inspectors and investigators. | ||||
| 49:49:2.1.1.1.5.5.25.1 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | E | Subpart E—Prohibition on Hazardous Materials Operations After Nonpayment of Penalties | § 109.101 Prohibition of hazardous materials operations. | PHMSA | (a) Definition of hazardous materials operations. For the purposes of this subpart, hazardous materials operations means any activity regulated under the Federal hazardous material transportation law, this subchapter or subchapter C of this chapter, or an exemption or special permit, approval, or registration issued under this subchapter or under subchapter C of this chapter. (b) Failure to pay civil penalty in full. A respondent that fails to pay a hazardous material civil penalty in full within 90 days after the date specified for payment by an order of the Pipeline and Hazardous Materials Safety Administration, Federal Aviation Administration, Federal Motor Carrier Safety Administration, or Federal Railroad Administration is prohibited from conducting hazardous materials operations and shall immediately cease all hazardous materials operations beginning on the next day ( i.e. , the 91st). The prohibition shall continue until payment of the penalty has been made in full or at the discretion of the agency issuing the order an acceptable payment plan has been arranged. (c) Civil penalties paid in installments. On a case by case basis, a respondent may be allowed to pay a civil penalty pursuant to a payment plan, which may consist of installment payments. If the respondent fails to make an installment payment contained in the payment plan on the agreed upon schedule, the payment plan shall be null and void and the full outstanding balance of the civil penalty shall be payable immediately. A respondent that fails to pay the full outstanding balance of its civil penalty within 90 days after the date of the missed installment payment shall be prohibited from conducting hazardous materials operations beginning on the next day ( i.e. , the 91st). The prohibition shall continue until payment of the outstanding balance of the civil penalty has been made in full, including any incurred interest or until at the discretion of the agency issuing the order another acceptable payment plan has been arranged. (d) Appea… | ||||
| 49:49:2.1.1.1.5.5.25.2 | 49 | Transportation | I | A | 109 | PART 109—DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL REGULATIONS | E | Subpart E—Prohibition on Hazardous Materials Operations After Nonpayment of Penalties | § 109.103 Notice of nonpayment of penalties. | PHMSA | (a) If a full payment of a civil penalty, or an installment payment as part of agreed upon payment plan, has not been made within 45 days after the date specified for payment by the final agency order, the agency may issue a cessation of hazardous materials operations order to the respondent. (b) The cessation of hazardous materials operations order issued under this section shall include the following information: (1) A citation to the statutory provision or regulation the respondent was found to have violated and to the terms of the order or agreement requiring payment; (2) A statement indicating that if the respondent fails to pay the full outstanding balance of the civil penalty within 90 days after the payment due date, the respondent shall be prohibited from conducting any activity regulated under the Federal hazardous material transportation law, this subchapter or subchapter C of this chapter, or an exemption or special permit, approval, or registration issued under this subchapter or under subchapter C of this chapter; (3) A statement describing the respondent's options for responding to the order which will include an option to file an appeal for reconsideration of the cessation of operations order within 20 days of receipt of the order; and (4) A description of the manner in which the respondent can make payment of any money due the United States as a result of the proceeding ( i.e. , the full outstanding balance of the civil penalty). (c) The cessation of hazardous materials operation order will be delivered by personal service, unless such service is impossible or impractical. If personal service is impossible or impractical then service may be made by certified mail or commercial express service. If a respondent's principal place of business is in a foreign country, it will be delivered to the respondent's designated agent (as prepared in accordance with § 105.40 of this subchapter). | ||||
| 9:9:1.0.1.5.49.0.74.1 | 9 | Animals and Animal Products | I | E | 109 | PART 109—STERILIZATION AND PASTEURIZATION AT LICENSED ESTABLISHMENTS | § 109.1 Equipment and the like. | APHIS | [23 FR 10051, Dec. 23, 1958, as amended at 34 FR 18119, Nov. 11, 1969; 56 FR 66783, Dec. 26, 1991] | (a) All containers, instruments, and other apparatus and equipment, before being used in preparing, handling, or storing biological products, at a licensed establishment, except as otherwise prescribed herein, shall be thoroughly sterilized by live steam at a temperature of at least 120 °C. for not less than one-half hour, or by dry heat at a temperature of at least 160 °C. for not less than one hour. If for any reason such methods of sterilization are impracticable, then a process known to be equally efficacious in destroying microorganisms and their spores may be substituted after approval by the Administrator. (b) Instruments which are found to be damaged by exposure to the degree of heat prescribed in this section, after having been thoroughly cleaned, may be sterilized by boiling for not less than 15 minutes. | |||||
| 9:9:1.0.1.5.49.0.74.2 | 9 | Animals and Animal Products | I | E | 109 | PART 109—STERILIZATION AND PASTEURIZATION AT LICENSED ESTABLISHMENTS | § 109.2 Sterilizers. | APHIS | [35 FR 16039, Oct. 13, 1970, as amended at 56 FR 66783, Dec. 26, 1991] | Steam and dry-heat sterilizers used in connection with the processing of biological products at licensed establishments shall be equipped with automatic temperature recording gauges: Provided, That other record keeping systems may be used when approved by the Administrator. When gauges are used, they shall be periodically standardized to assure accuracy. Charts and other temperature records made during production shall be available at all times charts and records shall be kept in accordance with part 116 of this chapter. | |||||
| 9:9:1.0.1.5.49.0.74.3 | 9 | Animals and Animal Products | I | E | 109 | PART 109—STERILIZATION AND PASTEURIZATION AT LICENSED ESTABLISHMENTS | § 109.3 Pasteurizers. | APHIS | [35 FR 16039, Oct. 13, 1970, as amended at 56 FR 66783, Dec. 26, 1991] | All pasteurizing equipment shall meet the requirements in paragraphs (a), (b), and (c) of this section and be acceptable to Animal and Plant Health Inspection Service. (a) Metal serum containers shall be used in licensed establishments. During the heating process, each container shall be surrounded by a separate water jacket or equivalent so that the entire container, including its lid, is heated to the required temperature. Each serum container shall be equipped with a motor-driven agitator and a separate automatic recording thermometer. (b) Each water bath shall have an automatic temperature control to limit the temperature of the water to a maximum of 62 °C., an automatic recording thermometer, an indicating thermometer set in a fixed position, and circulating mechanism adequate to insure equal temperatures throughout the bath. The heating unit for the bath shall be separated from the serum container and the water jacket. (c) Accurate thermometers at licensed establishments shall be used at frequent intervals to check temperatures of the serum as registered by recording thermometers. |
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