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77 rows where part_number = 130 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 21:21:2.0.1.1.23.1.1.1 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.3 Definitions and interpretations. | FDA | [42 FR 14357, Mar. 15, 1977, as amended at 58 FR 2876, Jan. 6, 1993] | (a) The definitions and interpretations of terms contained in section 201 of the act shall be applicable also to such terms when used in regulations promulgated under the act. (b) If a regulation prescribing a definition and standard of identity for a food has been promulgated under section 401 of the act and the name therein specified for the food is used in any other regulation under section 401 or any other provision of the act, such name means the food which conforms to such definition and standard, except as otherwise specifically provided in such other regulation. (c) No provision of any regulation prescribing a definition and standard of identity or standard of quality or fill of container under section 401 of the act shall be construed as in any way affecting the concurrent applicability of the general provisions of the act and the regulations thereunder relating to adulteration and misbranding. For example, all regulations under section 401 contemplate that the food and all articles used as components or ingredients thereof shall not be poisonous or deleterious and shall be clean, sound, and fit for food. A provision in such regulations for the use of coloring or flavoring does not authorize such use under circumstances or in a manner whereby damage or inferiority is concealed or whereby the food is made to appear better or of greater value than it is. (d) Safe and suitable means that the ingredient: (1) Performs an appropriate function in the food in which it is used. (2) Is used at a level no higher than necessary to achieve its intended purpose in that food. (3) Is not a food additive or color additive as defined in section 201 (s) or (t) of the Federal Food, Drug, and Cosmetic Act as used in that food, or is a food additive or color additive as so defined and is used in conformity with regulations established pursuant to section 409 or 721 of the act. (e) Section 403(i) of the act requires the listing of all ingredients in standardized foods. All ingredients must be listed in accordance with… | |||
| 21:21:2.0.1.1.23.1.1.10 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.17 Temporary permits for interstate shipment of experimental packs of food varying from the requirements of definitions and standards of identity. | FDA | [42 FR 14357, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977; 46 FR 37500, July 21, 1981; 54 FR 24892, June 12, 1989; 59 FR 15051, Mar. 31, 1994; 66 FR 17359, Mar. 30, 2001; 66 FR 56035, Nov. 6, 2001] | (a) The Food and Drug Administration recognizes that before petitions to amend food standards can be submitted, appropriate investigations of potential advances in food technology sometimes require tests in interstate markets of the advantages to and acceptance by consumers of experimental packs of food varying from applicable definitions and standards of identity prescribed under section 401 of the act. (b) It is the purpose of the Food and Drug Administration to permit such tests when it can be ascertained that the sole purpose of the tests is to obtain data necessary for reasonable grounds in support of a petition to amend food standards, that the tests are necessary to the completion or conclusiveness of an otherwise adequate investigation, and that the interests of consumers are adequately safeguarded; permits for such tests shall normally be for a period not to exceed 15 months. The Food and Drug Administration, or good cause shown by the applicant, may provide for a longer test market period. The Food and Drug Administration will therefore refrain from recommending regulatory proceedings under the act on the charge that a food does not conform to an applicable standard, if the person who introduces or causes the introduction of the food into interstate commerce holds an effective permit from the Food and Drug Administration providing specifically for those variations in respect to which the food fails to conform to the applicable definition and standard of identity. The test period will begin on the date the person holding an effective permit from the Food and Drug Administration introduces or causes the introduction of the food covered by the permit into interstate commerce but not later than 3 months after notice of the issuance of the permit is published in the Federal Register. The Food and Drug Administration shall be notified in writing of the date on which the test period begins as soon as it is determined. (c) Any person desiring a permit may file with the Team Leader, Conventional Foods Team, … | |||
| 21:21:2.0.1.1.23.1.1.2 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.5 Procedure for establishing a food standard. | FDA | [42 FR 14357, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977] | (a) The procedure for establishing a food standard under section 401 of the act shall be governed by part 10 of this chapter. (b) Any petition for a food standard shall show that the proposal, if adopted, would promote honesty and fair dealing in the interest of consumers. (c) Any petition for a food standard shall assert that the petitioner commits himself to substantiate the information in the petition by evidence in a public hearing, if such a hearing becomes necessary. (d) If a petitioner fails to appear, or to substantiate the information in his petition, at a public hearing on the matter, the Commissioner may either (1) withdraw the regulation and terminate the proceeding or (2) if he concludes that it is in accordance with the requirements of section 401 of the act, continue the proceeding and introduce evidence to substantiate such information. | |||
| 21:21:2.0.1.1.23.1.1.3 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.6 Review of Codex Alimentarius food standards. | FDA | (a) All food standards adopted by the Codex Alimentarius Commission will be reviewed by the Food and Drug Administration and will be accepted without change, accepted with change, or not accepted. (b) Review of Codex standards will be accomplished in one of the following three ways: (1) Any interested person may petition the Commissioner to adopt a Codex standard, with or without change, by proposing a new standard or an appropriate amendment of an existing standard, pursuant to section 401 of the act. Any such petition shall specify any deviations from the Codex standard, and the reasons for any such deviations. The Commissioner shall publish such a petition in the Federal Register as a proposal, with an opportunity for comment, if reasonable grounds are provided in the petition. Any published proposal shall state any deviations from the Codex standard and the stated reasons therefor. (2) The Commissioner may on his own initiative propose by publication in the Federal Register the adoption of a Codex standard, with or without change, through a new standard or an appropriate amendment to an existing standard, pursuant to section 401 of the act. Any such proposal shall specify any deviations from the Codex standard, and the reasons for any such deviations. (3) Any Codex standard not handled under paragraph (b) (1) or (2) of this section may be published in the Federal Register for review and informal comment. Interested persons shall be requested to comment on the desirability and need for the standard, on the specific provisions of the standard, on additional or different provisions that should be included in the standard, and on any other pertinent points. After reviewing all such comments, the Commissioner either shall publish a proposal to establish a food standard pursuant to section 401 of the act covering the food involved, or shall publish a notice terminating consideration of such a standard. (c) All interested persons are encouraged to confer with different interest groups (consumers, industry… | ||||
| 21:21:2.0.1.1.23.1.1.4 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.8 Conformity to definitions and standards of identity. | FDA | In the following conditions, among others, a food does not conform to the definition and standard of identity therefor: (a) If it contains an ingredient for which no provision is made in such definition and standard, unless such ingredient is an incidental additive introduced at a nonfunctional and insignificant level as a result of its deliberate and purposeful addition to another ingredient permitted by the terms of the applicable standard and the presence of such incidental additive in unstandardized foods has been exempted from label declaration as provided in § 101.100 of this chapter. (b) If it fails to contain any one or more ingredients required by such definition and standard; (c) If the quantity of any ingredient or component fails to conform to the limitation, if any, prescribed therefor by such definition and standard. | ||||
| 21:21:2.0.1.1.23.1.1.5 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.9 Sulfites in standardized food. | FDA | [58 FR 2876, Jan. 6, 1993, as amended at 63 FR 14035, Mar. 24, 1998; 87 FR 2547, Jan. 18, 2022] | (a) Any standardized food that contains a sulfiting agent or combination of sulfiting agents that is functional and provided for in the applicable standard or that is present in the finished food at a detectable concentration is misbranded unless the presence of the sulfiting agent or agents is declared on the label of the food. A detectable amount of sulfiting agent is 10 parts per million (ppm or mg/kg) or more of the sulfite in the finished food. The concentration of sulfite in the finished food will be determined using either: (1) Determination of Sulfite in Food by Liquid Chromatography Tandem Mass Spectrometry; or (2) AOAC Official Method 990.28. (b) Any standardized food that, as a result of actions that are consistent with current good manufacturing practice, contains an indirectly added sulfiting agent that has no functional effect in the food and that would, in the absence of § 101.100(a)(4) of this chapter, be considered to be an incidental additive for purposes of § 130.8, conforms to the applicable definition and standard of identity if the presence of the sulfiting agent is declared on the label of the food. (c) The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the Food and Drug Administration, Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500, and available from AOAC International, 2275 Research Blvd., Ste. 300, Rockville, MD 20850-3250. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov or go to www.archives.gov/federal-register/cfr/ibr-locations.html . (1) AOAC Official Method 990.28, Sulfites in Foods, Optimized Monier-Williams Method, Section 47.3.43, Official Methods of Analysis, 21st edition, 2019. (2) Determination of Sulfite … | |||
| 21:21:2.0.1.1.23.1.1.6 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.10 Requirements for foods named by use of a nutrient content claim and a standardized term. | FDA | [58 FR 2446, Jan. 6, 1993, as amended at 86 FR 31137, June 11, 2021; 87 FR 76568, Dec. 15, 2022] | (a) Description. The foods prescribed by this general definition and standard of identity are those foods that substitute (see § 101.13(d) of this chapter) for a standardized food defined in parts 131 through 169 of this chapter and that use the name of that standardized food in their statement of identity but that do not comply with the standard of identity because of a deviation that is described by an expressed nutrient content claim that has been defined by FDA regulation. The nutrient content claim shall comply with the requirements of § 101.13 of this chapter and with the requirements of the regulations in part 101 of this chapter that define the particular nutrient content claim that is used. The food shall comply with the relevant standard in all other respects except as provided in paragraphs (b), (c), and (d) of this section. (b) Nutrient addition. (1) Nutrients shall be added to the food to restore nutrient levels so that the product is not nutritionally inferior, as defined in § 101.3(e)(4) of this chapter, to the standardized food as defined in parts 131 through 169 of this chapter. The addition of nutrients shall be reflected in the ingredient statement. (2) Yogurt containing less than 3.25 percent milkfat is exempt from compliance with paragraph (b)(1) of this section with respect to vitamin A fortification provided the product complies with all other requirements. (c) Performance characteristics. Deviations from noningredient provisions of the standard of identity (e.g., moisture content, food solids content requirements, or processing conditions) are permitted in order that the substitute food possesses performance characteristics similar to those of the standardized food. Deviations from ingredient and noningredient provisions of the standard must be the minimum necessary to qualify for the nutrient content claim while maintaining similar performance characteristics as the standardized food, or the food will be deemed to be adulterated under section 402(b) of the act. The performance ch… | |||
| 21:21:2.0.1.1.23.1.1.7 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.11 Label designations of ingredients for standardized foods. | FDA | [58 FR 2876, Jan. 6, 1993] | Some definitions and standards of identity for foods set forth below require that designated optional ingredients such as spices, flavorings, colorings, emulsifiers, flavor enhancers, stabilizers, preservatives, and sweeteners be declared in a specified manner on the label wherever the name of the standardized food appears on the label so conspicuously as to be easily seen under customary conditions of purchase. Such requirements shall apply to a manufacturer, packer, or distributor of a standardized food only if the words or statements on the label of the standardized food significantly differentiate between two or more foods that comply with the same standard by describing the optional forms or varieties, the packing medium, or significant characterizing ingredients present in the food. | |||
| 21:21:2.0.1.1.23.1.1.8 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.12 General methods for water capacity and fill of containers. | FDA | For the purposes of regulations promulgated under section 401 of the act: (a) The term general method for water capacity of containers means the following method: (1) In the case of a container with lid attached by double seam, cut out the lid without removing or altering the height of the double seam. (2) Wash, dry, and weigh the empty container. (3) Fill the container with distilled water at 68 °F to 3/16 inch vertical distance below the top level of the container, and weigh the container thus filled. (4) Subtract the weight found in paragraph (a)(2) of this section from the weight found in paragraph (a)(3) of this section. The difference shall be considered to be the weight of water required to fill the container. In the case of a container with lid attached otherwise than by double seam, remove the lid and proceed as directed in paragraphs (a) (2) to (4) of this section, except that under paragraph (a)(3) of this section, fill the container to the level of the top thereof. (b) The term general method for fill of containers means the following method: (1) In the case of a container with lid attached by double seam, cut out the lid without removing or altering the height of the double seam. (2) Measure the vertical distance from the top level of the container to the top level of the food. (3) Remove the food from the container; wash, dry, and weigh the container. (4) Fill the container with water to 3/16 inch vertical distance below the top level of the container. Record the temperature of the water, weigh the container thus filled, and determine the weight of the water by subtracting the weight of the container found in paragraph (b)(3) of this section. (5) Maintaining the water at the temperature recorded in paragraph (b)(4) of this section, draw off water from the container as filled in paragraph (b)(4) of this section to the level of the food found in paragraph (b)(2) of this section, weigh the container with remaining water, and determine the weight of the remaining water by subtracti… | ||||
| 21:21:2.0.1.1.23.1.1.9 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | A | Subpart A—General Provisions | § 130.14 General statements of substandard quality and substandard fill of container. | FDA | For the purposes of regulations promulgated under section 401 of the act: (a) The term general statement of substandard quality means the statement “Below Standard in Quality Good Food—Not High Grade” printed in two lines of Cheltenham bold condensed caps. The words “Below Standard in Quality” constitute the first line, and the second immediately follows. If the quantity of the contents of the container is less than 1 pound, the type of the first line is 12-point, and of the second, 8-point. If such quantity is 1 pound or more, the type of the first line is 14-point, and of the second, 10-point. Such statement is enclosed within lines, not less than 6 points in width, forming a rectangle. Such statement, with enclosing lines, is on a strongly contrasting, uniform background, and is so placed as to be easily seen when the name of the food or any pictorial representation thereof is viewed, wherever such name or representation appears so conspicuously as to be easily seen under customary conditions of purchase. (b) The term general statement of substandard fill means the statement “Below Standard in Fill” printed in Cheltenham bold condensed caps. If the quantity of the contents of the container is less than 1 pound, the statement is in 12-point type; if such quantity is 1 pound or more, the statement is in 14-point type. Such statement is enclosed within lines, not less than 6 points in width, forming a rectangle; but if the statement specified in paragraph (a) of this section is also used, both statements (one following the other) may be enclosed within the same rectangle. Such statement or statements, with enclosing lines, are on a strongly contrasting, uniform background, and are so placed as to be easily seen when the name of the food or any pictorial representation thereof is viewed, wherever such name or representation appears so conspicuously as to be easily seen under customary conditions of purchase. | ||||
| 21:21:2.0.1.1.23.2.1.1 | 21 | Food and Drugs | I | B | 130 | PART 130—FOOD STANDARDS: GENERAL | B | Subpart B—Food Additives in Standardized Foods | § 130.20 Food additives proposed for use in foods for which definitions and standards of identity are established. | FDA | (a) Where a petition is received for the issuance or amendment of a regulation establishing a definition and standard of identity for a food under section 401 of the act, which proposes the inclusion of a food additive in such definition and standard of identity, the provisions of the regulations in part 171 of this chapter shall apply with respect to the information that must be submitted with respect to the food additive. Since section 409(b)(5) of the act requires that the Commissioner publish notice of a petition for the establishment of a food additive regulation within 30 days after filing, notice of a petition relating to a definition and standard of identity shall also be published within that time limitation if it includes a request, so designated, for the establishment of a regulation pertaining to a food additive. (b) If a petition for a definition and standard of identity contains a proposal for a food additive regulation, and the petitioner fails to designate it as such, the Commissioner, upon determining that the petition includes a proposal for a food additive regulation, shall so notify the petitioner and shall thereafter proceed in accordance with the regulations in part 171 of this chapter. | ||||
| 40:40:24.0.1.1.20.0.16.1 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.0 Program summary and purpose. | EPA | (a) This subpart establishes policies and program requirements for water quality planning, management and implementation under sections 106, 205(j), non-construction management 205(g), 208, 303 and 305 of the Clean Water Act. The Water Quality Management (WQM) process described in the Act and in this regulation provides the authority for a consistent national approach for maintaining, improving and protecting water quality while allowing States to implement the most effective individual programs. The process is implemented jointly by EPA, the States, interstate agencies, and areawide, local and regional planning organizations. This regulation explains the requirements of the Act, describes the relationships between the several components of the WQM process and outlines the roles of the major participants in the process. The components of the WQM process are discussed below. (b) Water quality standards (WQS) are the State's goals for individual water bodies and provide the legal basis for control decisions under the Act. Water quality monitoring activities provide the chemical, physical and biological data needed to determine the present quality of a State's waters and to identify the sources of pollutants in those waters. The primary assessment of the quality of a State's water is contained in its biennial Report to Congress required by section 305(b) of the Act. (c) This report and other assessments of water quality are used in the State's WQM plans to identify priority water quality problems. These plans also contain the results of the State's analyses and management decisions which are necessary to control specific sources of pollution. The plans recommend control measures and designated management agencies (DMAs) to attain the goals established in the State's water quality standards. (d) These control measures are implemented by issuing permits, building publicly-owned treatment works (POTWs), instituting best management practices for nonpoint sources of pollution and other means. After control measures ar… | ||||||
| 40:40:24.0.1.1.20.0.16.10 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.9 Designation and de-designation. | EPA | (a) Designation. Areawide planning agencies may be designated by the Governor in accordance with section 208(a) (2) and (3) of the Act or may self-designate in accordance with section 208(a)(4) of the Act. Such designations shall subject to EPA approval in accordance with section 208(a)(7) of the Act. (b) De-designation. The Governor may modify or withdraw the planning designation of a designated planning agency other than an Indian tribal organization self-designated § 130.6(c)(2) if: (1) The areawide agency requests such cancellation; or (2) The areawide agency fails to meet its planning requirements as specified in grant agreements, contracts or memoranda of understanding; or (3) The areawide agency no longer has the resources or the commitment to continue water quality planning activities within the designated boundaries. (c) Impact of de-designation. Once an areawide planning agency's designation has been withdrawn the State agency shall assume direct responsibility for continued water quality planning and oversight of implementation within the area. (d) Designated management agencies (DMA). In accordance with section 208(c)(1) of the Act, management agencies shall be designated by the Governor in consultation with the designated planning agency. EPA shall approve such designations unless the DMA lacks the legal, financial and managerial authority required under section 208(c)(2) of the Act. Designated management agencies shall carry out responsibilities specified in Water Quality Management (WQM) plans. Areawide planning agencies shall monitor DMA activities in their area and recommend necessary plan changes during the WQM plan update. Where there is no designated areawide planning agency, States shall monitor DMA activities and make any necessary changes during the WQM plan update. | ||||||
| 40:40:24.0.1.1.20.0.16.11 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.10 State submittals to EPA. | EPA | [50 FR 1779, Jan. 11, 1985, as amended at 54 FR 258, Jan. 4, 1989; 54 FR 23897, June 2, 1989; 57 FR 33050, July 24, 1992] | (a) The following must be submitted regularly by the States to EPA: (1) The section 305(b) report, in FY 84 and every two years thereafter, and the annual section 205(j) certification or update of the 305(b) water quality report; (Approved by OMB under the control number 2040-0071) (2) The annual State work program(s) under sections 106 and 205(j) of the Act; and (Approved by OMB under the control number 2010-0004) (3) Revisions or additions to water quality standards (WQS) (303(c)). (Approved by OMB under 2040-0049) (b) The Act also requires that each State initially submit to EPA and revise as necessary the following: (1) Continuing planning process (CPP) (303(e)); (2) Identification of water quality-limited waters still requiring TMDLs (section 303(d)), pollutants, and the priority ranking including waters targeted for TMDL development within the next two years as required under § 130.7(b) in accordance with the schedule set for in § 130.7(d)(1). (3) Total maximum daily loads (TMDLs) (303(d)); and (4) Water quality management (WQM) plan and certified and approved WQM plan updates (208, 303(e)). (Paragraph (b)(1), (4) approved by OMB under the control number 2010-0004). (c) The form and content of required State submittals to EPA may be tailored to reflect the organization and needs of the State, as long as the requirements and purposes of the Act, this part and, where applicable, 40 CFR parts 29, 30, 33 and 35, subparts A and J are met. The need for revision and schedule of submittals shall be agreed to annually with EPA as the States annual work program is developed. (d) Not later than February 4, 1989, each State shall submit to EPA for review, approval, and implementation— (1) A list of those waters within the State which after the application of effluent limitations required under section 301(b)(2) of the CWA cannot reasonably be anticipated to attain or maintain (i) water quality standards for such waters reviewed, revised, or adopted in accordance with section 303(c)(2)(B) of the CWA, due to t… | |||||
| 40:40:24.0.1.1.20.0.16.12 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.11 Program management. | EPA | (a) State agencies may apply for grants under sections 106, 205(j) and 205(g) to carry out water quality planning and management activities. Interstate agencies may apply for grants under section 106 to carry out water quality planning and management activities. Local or regional planning organizations may request 106 and 205(j) funds from a State for planning and management activities. Grant administrative requirements for these funds appear in 40 CFR parts 25, 29, 30, 33 and 35, subparts A and J. (b) Grants under section 106 may be used to fund a wide range of activities, including but not limited to assessments of water quality, revision of water quality standards (WQS), development of alternative approaches to control pollution, implementation and enforcement of control measures and development or implementation of ground water programs. Grants under section 205(j) may be used to fund water quality management (WQM) planning activities but may not be used to fund implementation of control measures (see part 35, subpart A). Section 205(g) funds are used primarily to manage the wastewater treatment works construction grants program pursuant to the provisions of 40 CFR part 35, subpart J. A State may also use part of the 205(g) funds to administer approved permit programs under sections 402 and 404, to administer a statewide waste treatment management program under section 208(b)(4) and to manage waste treatment construction grants for small communities. (c) Grant work programs for water quality planning and management shall describe geographic and functional priorities for use of grant funds in a manner which will facilitate EPA review of the grant application and subsequent evaluation of work accomplished with the grant funds. A State's 305(b) Report, WQM plan and other water quality assessments shall identify the State's priority water quality problems and areas. The WQM plan shall contain an analysis of alternative control measures and recommendations to control specific problems. Work programs shall specif… | ||||||
| 40:40:24.0.1.1.20.0.16.13 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.12 Coordination with other programs. | EPA | (a) Relationship to the National Pollutant Discharge Elimination System (NPDES) program. In accordance with section 208(e) of the Act, no NPDES permit may be issued which is in conflict with an approved Water Quality Management (WQM) plan. Where a State has assumed responsibility for the administration of the permit program under section 402, it shall assure consistency with the WQM plan. (b) Relationship to the municipal construction grants program. In accordance with sections 205(j), 216 and 303(e)(3)(H) of the Act, each State shall develop a system for setting priorities for funding construction of municipal wastewater treatment facilities under section 201 of the Act. The State, or the agency to which the State has delegated WQM planning functions, shall review each facility plan in its area for consistency with the approved WQM plan. Under section 208(d) of the Act, after a waste treatment management agency has been designated and a WQM plan approved, section 201 construction grant funds may be awarded only to those agencies for construction of treatment works in conformity with the approved WQM plan. (c) Relationship to Federal activities—Each department, agency or instrumentality of the executive, legislative and judicial branches of the Federal Government having jurisdiction over any property or facility or engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants shall comply with all Federal, State, interstate and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution in the same manner and extent as any non-governmental entity in accordance with section 313 of the CWA. | ||||||
| 40:40:24.0.1.1.20.0.16.14 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.15 Processing application for Indian tribes. | EPA | [54 FR 14360, Apr. 11, 1989, as amended at 59 FR 13818, Mar. 23, 1994] | The Regional Administrator shall process an application of an Indian Tribe submitted under § 130.6(d) in a timely manner. He shall promptly notify the Indian Tribe of receipt of the application. | |||||
| 40:40:24.0.1.1.20.0.16.15 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.16 Treatment of Indian tribes in a similar manner as states for purposes of the Clean Water Act. | EPA | [81 FR 65915, Sept. 26, 2016] | (a) The Regional Administrator may accept and approve a tribal application for purposes of administering the Clean Water Act (CWA) Section 303(d) Impaired Water Listing and Total Maximum Daily Load (TMDL) Program if the tribe meets the following criteria: (1) The Indian tribe is recognized by the Secretary of the Interior and meets the definitions in § 131.3(k) and (l) of this chapter; (2) The Indian tribe has a governing body carrying out substantial governmental duties and powers; (3) The CWA section 303(d) Impaired Water Listing and TMDL Program to be administered by the Indian tribe pertains to the management and protection of water resources that are within the borders of the Indian reservation and held by the Indian tribe, within the borders of the Indian reservation and held by the United States in trust for Indians, within the borders of the Indian reservation and held by a member of the Indian tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of the Indian reservation; and (4) The Indian tribe is reasonably expected to be capable, in the Regional Administrator's judgment, of carrying out the functions of an effective CWA Section 303(d) Impaired Water Listing and TMDL Program in a manner consistent with the terms and purposes of the Act and applicable regulations. (b) Requests by Indian tribes for administration of the CWA Section 303(d) Impaired Water Listing and TMDL Program should be submitted to the appropriate EPA Regional Administrator. The application shall include the following information, provided that where the tribe has previously qualified for eligibility or “treatment as a state” (TAS) under another EPA-administered program, the tribe need only provide the required information that has not been submitted in a previous application: (1) A statement that the tribe is recognized by the Secretary of the Interior. (2) A descriptive statement demonstrating that the tribal governing body is currently carrying out substantial gover… | |||||
| 40:40:24.0.1.1.20.0.16.2 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.1 Applicability. | EPA | [50 FR 1779, Jan. 11, 1985, as amended at 54 FR 14359, Apr. 11, 1989; 59 FR 13817, Mar. 23, 1994] | (a) This subpart applies to all State, eligible Indian Tribe, interstate, areawide and regional and local CWA water quality planning and management activities undertaken on or after February 11, 1985 including all updates and continuing certifications for approved Water Quality Management (WQM) plans developed under sections 208 and 303 of the Act. (b) Planning and management activities undertaken prior to February 11, 1985 are governed by the requirements of the regulations in effect at the time of the last grant award. | |||||
| 40:40:24.0.1.1.20.0.16.3 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.2 Definitions. | EPA | [50 FR 1779, Jan. 11, 1985, as amended at 54 FR 14359, Apr. 11, 1989] | (a) The Act. The Clean Water Act, as amended, 33 U.S.C. 1251 et seq. (b) Indian Tribe. Any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. (c) Pollution. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (d) Water quality standards (WQS). Provisions of State or Federal law which consist of a designated use or uses for the waters of the United States and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of the Act. (e) Load or loading. An amount of matter or thermal energy that is introduced into a receiving water; to introduce matter or thermal energy into a receiving water. Loading may be either man-caused (pollutant loading) or natural (natural background loading). (f) Loading capacity. The greatest amount of loading that a water can receive without violating water quality standards. (g) Load allocation (LA). The portion of a receiving water's loading capacity that is attributed either to one of its existing or future nonpoint sources of pollution or to natural background sources. Load allocations are best estimates of the loading, which may range from reasonably accurate estimates to gross allotments, depending on the availability of data and appropriate techniques for predicting the loading. Wherever possible, natural and nonpoint source loads should be distinguished. (h) Wasteload allocation (WLA). The portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality-based effluent limitation. (i) Total maximum daily load (TMDL). The sum of the individual WLAs for point sources and LAs for nonpoint sources and natural background. If a receiving water has only one point source discha… | |||||
| 40:40:24.0.1.1.20.0.16.4 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.3 Water quality standards. | EPA | A water quality standard (WQS) defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States and EPA adopt WQS to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (CWA). Serve the purposes of Act (as defined in sections 101(a)(2) and 303(c) of the Act) means that WQS should, wherever attainable, provide water quality for the protection and propagation of fish, shellfish and wildlife and for recreation in and on the water and take into consideration their use and value for public water supplies, propagation of fish, shellfish, wildlife, recreation in and on the water, and agricultural, industrial and other purposes including navigation. Such standards serve the dual purposes of establishing the water quality goals for a specific water body and serving as the regulatory basis for establishment of water quality-based treatment controls and strategies beyond the technology-based level of treatment required by sections 301(b) and 306 of the Act. States shall review and revise WQS in accordance with applicable regulations and, as appropriate, update their Water Quality Management (WQM) plans to reflect such revisions. Specific WQS requirements are found in 40 CFR part 131. | ||||||
| 40:40:24.0.1.1.20.0.16.5 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.4 Water quality monitoring. | EPA | [50 FR 1779, Jan. 11, 1985, as amended at 54 FR 14359, Apr. 11, 1989] | (a) In accordance with section 106(e)(1), States must establish appropriate monitoring methods and procedures (including biological monitoring) necessary to compile and analyze data on the quality of waters of the United States and, to the extent practicable, ground-waters. This requirement need not be met by Indian Tribes. However, any monitoring and/or analysis activities undertaken by a Tribe must be performed in accordance with EPA's quality assurance/quality control guidance. (b) The State's water monitoring program shall include collection and analysis of physical, chemical and biological data and quality assurance and control programs to assure scientifically valid data. The uses of these data include determining abatement and control priorities; developing and reviewing water quality standards, total maximum daily loads, wasteload allocations and load allocations; assessing compliance with National Pollutant Discharge Elimination System (NPDES) permits by dischargers; reporting information to the public through the section 305(b) report and reviewing site-specific monitoring efforts. | |||||
| 40:40:24.0.1.1.20.0.16.6 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.5 Continuing planning process. | EPA | (a) General. Each State shall establish and maintain a continuing planning process (CPP) as described under section 303(e)(3)(A)-(H) of the Act. Each State is responsible for managing its water quality program to implement the processes specified in the continuing planning process. EPA is responsible for periodically reviewing the adequacy of the State's CPP. (b) Content. The State may determine the format of its CPP as long as the mininum requirements of the CWA and this regulation are met. The following processes must be described in each State CPP, and the State may include other processes at its discretion. (1) The process for developing effluent limitations and schedules of compliance at least as stringent as those required by sections 301(b) (1) and (2), 306 and 307, and at least stringent as any requirements contained in applicable water quality standards in effect under authority of section 303 of the Act. (2) The process for incorporating elements of any applicable areawide waste treatment plans under section 208, and applicable basin plans under section 209 of the Act. (3) The process for developing total maximum daily loads (TMDLs) and individual water quality based effluent limitations for pollutants in accordance with section 303(d) of the Act and § 130.7(a) of this regulation. (4) The process for updating and maintaining Water Quality Management (WQM) plans, including schedules for revision. (5) The process for assuring adequate authority for intergovernmental cooperation in the implementation of the State WQM program. (6) The process for establishing and assuring adequate implementation of new or revised water quality standards, including schedules of compliance, under section 303(c) of the Act. (7) The process for assuring adequate controls over the disposition of all residual waste from any water treatment processing. (8) The process for developing an inventory and ranking, in order of priority of needs for construction of waste treatment works required to meet the applicable require… | ||||||
| 40:40:24.0.1.1.20.0.16.7 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.6 Water quality management plans. | EPA | [50 FR 1779, Jan. 11, 1985, as amended at 54 FR 14360, Apr. 11, 1989; 59 FR 13818, Mar. 23, 1994] | (a) Water quality management (WQM) plans. WQM plans consist of initial plans produced in accordance with sections 208 and 303(e) of the Act and certified and approved updates to those plans. Continuing water quality planning shall be based upon WQM plans and water quality problems identified in the latest 305(b) reports. State water quality planning should focus annually on priority issues and geographic areas and on the development of water quality controls leading to implementation measures. Water quality planning directed at the removal of conditions placed on previously certified and approved WQM plans should focus on removal of conditions which will lead to control decisions. (b) Use of WQM plans. WQM plans are used to direct implementation. WQM plans draw upon the water quality assessments to identify priority point and nonpoint water quality problems, consider alternative solutions and recommend control measures, including the financial and institutional measures necessary for implementing recommended solutions. State annual work programs shall be based upon the priority issues identified in the State WQM plan. (c) WQM plan elements. Sections 205(j), 208 and 303 of the Act specify water quality planning requirements. The following plan elements shall be included in the WQM plan or referenced as part of the WQM plan if contained in separate documents when they are needed to address water quality problems. (1) Total maximum daily loads. TMDLs in accordance with sections 303(d) and (e)(3)(C) of the Act and § 130.7 of this part. (2) Effluent limitations. Effluent limitations including water quality based effluent limitations and schedules of compliance in accordance with section 303(e)(3)(A) of the Act and § 130.5 of this part. (3) Municipal and industrial waste treatment. Identification of anticipated municipal and industrial waste treatment works, including facilities for treatment of stormwater-induced combined sewer overflows; programs to provide necessary financial arrangements for such w… | |||||
| 40:40:24.0.1.1.20.0.16.8 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.7 Total maximum daily loads (TMDL) and individual water quality-based effluent limitations. | EPA | [50 FR 1779, Jan. 11, 1985, as amended at 57 FR 33049, July 24, 1992; 65 FR 17170, Mar. 31, 2000; 66 FR 53048, Oct. 18, 2001] | (a) General. The process for identifying water quality limited segments still requiring wasteload allocations, load allocations and total maximum daily loads (WLAs/LAs and TMDLs), setting priorities for developing these loads; establishing these loads for segments identified, including water quality monitoring, modeling, data analysis, calculation methods, and list of pollutants to be regulated; submitting the State's list of segments identified, priority ranking, and loads established (WLAs/LAs/TMDLs) to EPA for approval; incorporating the approved loads into the State's WQM plans and NPDES permits; and involving the public, affected dischargers, designated areawide agencies, and local governments in this process shall be clearly described in the State Continuing Planning Process (CPP). (b) Identification and priority setting for water quality-limited segments still requiring TMDLs. (1) Each State shall identify those water quality-limited segments still requiring TMDLs within its boundaries for which: (i) Technology-based effluent limitations required by sections 301(b), 306, 307, or other sections of the Act; (ii) More stringent effluent limitations (including prohibitions) required by either State or local authority preserved by section 510 of the Act, or Federal authority (law, regulation, or treaty); and (iii) Other pollution control requirements (e.g., best management practices) required by local, State, or Federal authority are not stringent enough to implement any water quality standards (WQS) applicable to such waters. (2) Each State shall also identify on the same list developed under paragraph (b)(1) of this section those water quality-limited segments still requiring TMDLs or parts thereof within its boundaries for which controls on thermal discharges under section 301 or State or local requirements are not stringent enough to assure protection and propagation of a balanced indigenous population of shellfish, fish and wildlife. (3) For the purposes of listing waters under § 130.7(b), the ter… | |||||
| 40:40:24.0.1.1.20.0.16.9 | 40 | Protection of Environment | I | D | 130 | PART 130—WATER QUALITY PLANNING AND MANAGEMENT | § 130.8 Water quality report. | EPA | [50 FR 1779, Jan. 11, 1985, as amended at 57 FR 33050, July 24, 1992] | (a) Each State shall prepare and submit biennially to the Regional Administrator a water quality report in accordance with section 305(b) of the Act. The water quality report serves as the primary assessment of State water quality. Based upon the water quality data and problems identified in the 305(b) report, States develop water quality management (WQM) plan elements to help direct all subsequent control activities. Water quality problems identified in the 305(b) report should be analyzed through water quality management planning leading to the development of alternative controls and procedures for problems identified in the latest 305(b) report. States may also use the 305(b) report to describe ground-water quality and to guide development of ground-water plans and programs. Water quality problems identified in the 305(b) report should be emphasized and reflected in the State's WQM plan and annual work program under sections 106 and 205(j) of the Clean Water Act. (b) Each such report shall include but is not limited to the following: (1) A description of the water quality of all waters of the United States and the extent to which the quality of waters provides for the protection and propagation of a balanced population of shellfish, fish, and wildlife and allows recreational activities in and on the water. (2) An estimate of the extent to which CWA control programs have improved water quality or will improve water quality for the purposes of paragraph (b)(1) of this section, and recommendations for future actions necessary and identifications of waters needing action. (3) An estimate of the environmental, economic and social costs and benefits needed to achieve the objectives of the CWA and an estimate of the date of such achievement. (4) A description of the nature and extent of nonpoint source pollution and recommendations of programs needed to control each category of nonpoint sources, including an estimate of implementation costs. (5) An assessment of the water quality of all publicly owned lakes, in… | |||||
| 46:46:4.0.1.5.33.1.45.1 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | A | Subpart A—Vessel Control | § 130.110 Internal communications on OSVs of less than 100 gross tons. | USCG | Each vessel of less than 100 gross tons equipped with an independent auxiliary means of steering, as required by § 130.130(b) of this subpart, must have a fixed means of communication between the pilothouse and the place where the auxiliary means of steering is controlled. | ||||
| 46:46:4.0.1.5.33.1.45.2 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | A | Subpart A—Vessel Control | § 130.120 Propulsion control. | USCG | (a) Each vessel must have— (1) A propulsion-control system operable from the pilothouse; and (2) A means at each propulsion engine of readily disabling the propulsion-control system to permit local operation. (b) Each propulsion-control system operable from the pilothouse must enable— (1) Control of the speed of each propulsion engine; (2) Control of the direction of propeller-shaft rotation; (3) Control of propeller pitch, if a controllable-pitch propeller is fitted; and (4) Shutdown of each propulsion engine. (c) The propulsion-control system operable from the pilothouse may constitute the remote stopping-system required by § 129.540 of this subchapter. (d) Each propulsion-control system, including one operable from the pilothouse, must be designed so that no one complete or partial failure of an easily replaceable component of the system allows the propulsion engine to overspeed or the pitch of the propeller to increase. | ||||
| 46:46:4.0.1.5.33.1.45.3 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | A | Subpart A—Vessel Control | § 130.130 Steering on OSVs of less than 100 gross tons. | USCG | (a) Each OSV of less than 100 gross tons must have a steering system that complies with— (1) Section 130.140 of this subpart; or (2) This section. (b) Except as provided by paragraph (i) of this section, each vessel must have a main and an independent auxiliary means of steering. (c) The main means of steering (main steering gear) must be— (1) Of adequate strength for, and capable of, steering the OSV at each service speed; (2) Designed to operate at maximum astern speed without being damaged; and (3) Capable of moving the rudder from 35 degrees on one side to 30 degrees on the other side in no more than 28 seconds with the vessel moving ahead at maximum service speed. (d) Control of the main steering gear must be available from the pilothouse, including control of any necessary ancillary device (motor, pump, valve, or the like). If a power-driven main steering gear is used, a pilot light must be installed in the pilothouse to indicate operation of the power units. (e) The auxiliary means of steering (auxiliary steering gear) must be— (1) Of adequate strength for steering the OSV at navigable speed; (2) Capable of steering the vessel at navigable speed; and (3) Controlled from a place that— (i) Can communicate with the pilothouse; or (ii) Enables the master to safely maneuver the vessel. (f) The steering gear must be designed so that transfer from the main steering gear or its control to the auxiliary steering gear or its control can be achieved rapidly. Any tools or equipment necessary for transfer must be readily available. Instructions for transfer must be posted. (g) Each vessel must have instantaneous protection against short circuit for electrical-power circuits and control circuits, the protection sized and located to comply with §§ 58.25-55 (d) and (e) of this chapter. (h) A rudder-angle indicator independent of the control of the main steering gear must be installed at the steering-control station in the pilothouse. (i) No auxiliary steering gear need be installed if— (1) The main stee… | ||||
| 46:46:4.0.1.5.33.1.45.4 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | A | Subpart A—Vessel Control | § 130.140 Steering on OSVs of 100 or more gross tons. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49337, Sept. 19, 1997, as amended by USCG-2012-0208, 79 FR 48937, Aug. 18, 2014] | (a) Except as provided in § 128.110 of this subchapter, each OSV of 100 GRT or more must have a means of steering that meets the— (1) Applicable requirements of subchapters F and J of this chapter; or (2) Requirements for a hydraulic-helm steering-system in paragraph (b) of this section. (b) Each hydraulic-helm steering-system must have the following: (1) A main steering gear of adequate strength for, and capable of, steering the vessel at every service speed without being damaged at maximum astern speed. (2) A hydraulic system with a maximum allowable working pressure of not more than 12,411 kPa (1,800 psi), dedicated to steering. (3) Piping materials that comply with subchapter F of this chapter, and piping thickness of at least schedule 80. (4) Each fore-and-aft run of piping located as far inboard as practicable. (5) Rudder stops. (6) Either— (i) Two steering pumps in accordance with § 130.130(c)(3) of this part; or (ii) A single hydraulic sump of the “cascading overflow” type with a centerline bulkhead open only at the top, if each half has enough capacity to operate the system. (7) Control of the main steering gear from the pilothouse, including— (i) Control from the helm; (ii) Control of any necessary ancillary device (motor, pump, valve, or the like); and (iii) Adequate visibility when going astern. (8) Multiple-screw propulsion with independent control of propulsion from the pilothouse, complying with § 130.120 of this part and being capable of steering the vessel. (9) Dual hydraulic cylinders arranged so that either cylinder can be readily isolated, permitting the other cylinder to remain in service and move each rudder. (10) The steering alarms and indicators required by § 58.25-25 of this chapter, located in the pilothouse. (11) Instantaneous protection against short circuit for electrical power, and control circuits sized and located as required by §§ 58.25-55 (d) and (e) of this chapter. (12) A rudder-angle indicator, at the steering-control station in the pilothouse, that is ind… | |||
| 46:46:4.0.1.5.33.2.45.1 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | B | Subpart B—Miscellaneous Equipment and Systems | § 130.210 Radiotelegraph and radiotelephone. | USCG | Each vessel must comply with 47 CFR part 80 as applicable. | ||||
| 46:46:4.0.1.5.33.2.45.2 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | B | Subpart B—Miscellaneous Equipment and Systems | § 130.220 Design of equipment for cooking and heating. | USCG | (a) Doors on each cooking appliance must be provided with heavy-duty hinges and locking-devices to prevent accidental opening in heavy weather. (b) Each cooking appliance must be installed so as to prevent its movement in heavy weather. (c) Each grill or similar cooking appliance must have means to collect grease or fat and to prevent its spillage onto wiring or the deck. (d) On each cooking appliance, grab rails must be installed when determined by the cognizant OCMI to be necessary for safety. (e) On each cooking appliance, sea rails, with suitable barriers to prevent accidental movement of cooking pots, must be installed. (f) Each heater must be constructed and installed so as to prevent the hanging from it of items such as towels and clothing. | ||||
| 46:46:4.0.1.5.33.2.45.3 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | B | Subpart B—Miscellaneous Equipment and Systems | § 130.230 Protection from refrigerants. | USCG | (a) For each refrigeration system that exceeds 0.6 cubic meters (20 cubic feet) of storage capacity if using ammonia or other hazardous gas, or exceeds 28.3 cubic meters (1,000 cubic feet) of storage capacity if using a fluorocarbon, as a refrigerant, there must be available one pressure-demand, open-circuit, self-contained breathing apparatus, approved by the National Institute for Occupational Safety and Health (NIOSH) and having at a minimum a 30-minute air supply, and a full facepiece. (b) Each self-contained breathing apparatus must be stowed convenient to, but outside, the space containing the refrigeration equipment. (c) A complete recharge in the form of a spare charge must be carried for each self-contained breathing apparatus. The spare charge must be stowed with the equipment it is to reactivate. (d) The self-contained breathing apparatus in a fireman's outfit, if fitted, complies with this section. | ||||
| 46:46:4.0.1.5.33.2.45.4 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | B | Subpart B—Miscellaneous Equipment and Systems | § 130.240 Anchors and chains for OSVs of 100 or more gross tons. | USCG | (a) Each OSV of 100 or more gross tons must be fitted with anchors and chains meeting the applicable standards set by the ABS for classed vessels, including equipment, except as permitted by paragraphs (b) and (c) of this section. (b) As well as the standards incorporated by paragraph (a) of this section, each vessel of under 61 meters (200 feet) in length and with an equipment number from the ABS of less than 150 may be equipped with either— (1) One anchor of the tabular weight and one-half the tabulated length of anchor chain listed in the applicable standard; or (2) Two anchors of one-half the tabular weight with the total length of anchor chain listed in the applicable standard, if both anchors are ready for use at any time and if the windlass is capable of heaving in either anchor. (c) Standards of classification societies other than the ABS may be used, upon approval of the Commandant. | ||||
| 46:46:4.0.1.5.33.2.45.5 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | B | Subpart B—Miscellaneous Equipment and Systems | § 130.250 Mooring and towing equipment for OSVs of less than 100 gross tons. | USCG | Each OSV of less than 100 gross tons must be fitted with mooring and towing equipment meeting the applicable requirements for small passenger vessels in § 184.300 of this chapter. | ||||
| 46:46:4.0.1.5.33.3.45.1 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | C | Subpart C—Navigational Equipment | § 130.310 Radar. | USCG | Each vessel of 100 or more gross tons must be fitted with a general marine radar in the pilothouse. | ||||
| 46:46:4.0.1.5.33.3.45.2 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | C | Subpart C—Navigational Equipment | § 130.320 Electronic position-fixing device. | USCG | Each vessel must be equipped with an electronic position-fixing device satisfactory for the area in which the vessel operates. | ||||
| 46:46:4.0.1.5.33.3.45.3 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | C | Subpart C—Navigational Equipment | § 130.330 Charts and nautical publications. | USCG | (a) Except as provided by paragraph (b) or (c) of this section, as appropriate for the intended voyage, each vessel must carry adequate and up-to-date— (1) Charts of large enough scale to make safe navigation possible; (2) U.S. Coast Pilot or similar publication; (3) Coast Guard Light List; (4) Tide Tables published by the National Ocean Service; (5) Local Notice or Notices to Mariners; and (6) Current Tables published by the National Ocean Service, or a river-current publication issued by the U.S. Army Corps of Engineers or by a river authority, or both. (b) Any vessel may carry, instead of the complete publications listed in paragraph (a) of this section, extracts from them for areas it will transit. (c) When operating in foreign waters, a vessel may carry an appropriate foreign equivalent of any item required by paragraph (a) of this section. | ||||
| 46:46:4.0.1.5.33.3.45.4 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | C | Subpart C—Navigational Equipment | § 130.340 Compass. | USCG | Each vessel must be fitted with a compass suitable for the intended service of the vessel. Except aboard a vessel limited to daytime operation, the compass must be illuminated. | ||||
| 46:46:4.0.1.5.33.4.45.1 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.400 Applicability. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49337, Sept. 19, 1997, as amended by USCG-2012-0208, 79 FR 48937, Aug. 18, 2014] | Except as provided in § 128.110 of this subchapter, this subpart applies to each vessel of 100 or more gross tons where automated systems either replace specific personnel in the control and observation of the propulsion system and machinery spaces or reduce the level of crew associated with the vessel's engine department. | |||
| 46:46:4.0.1.5.33.4.45.2 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.410 General. | USCG | (a) Arrangements must be such that under any operating condition, including maneuvering, the safety of the vessel is equivalent to that of the same vessel with the machinery spaces fully tended and under direct manual supervision. (b) Acceptance by the Coast Guard of automated systems to replace specific crew members or to reduce overall requirements for crew members depends upon the— (1) Capabilities of the automated system; (2) Combination of crew members, equipment, and systems necessary to ensure the safety of the vessel, personnel, and environment in each operating condition, including maneuvering; and (3) Ability of the crew members to perform each operational evolution, including to cope with emergencies such as fire and failure of control or monitoring systems. | ||||
| 46:46:4.0.1.5.33.4.45.3 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.420 Controls. | USCG | Each piece of machinery under automatic control must have an alternative manual means of control. | ||||
| 46:46:4.0.1.5.33.4.45.4 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.430 Pilothouse control. | USCG | Each OSV must have, at the pilothouse, controls to start a fire pump, charge the fire main, and monitor the pressure in the fire main. | ||||
| 46:46:4.0.1.5.33.4.45.5 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.440 Communications system. | USCG | (a) Each OSV must have a communications system to immediately summon a crew member to the machinery space wherever one of the alarms required by § 130.460 of this subpart is activated. (b) The communications system must be either— (1) An alarm that— (i) Is dedicated for this purpose; (ii) Sounds in the crew accommodations and the normally manned spaces; and (iii) Is operable from the pilothouse; or (2) A telephone operated from the pilothouse that reaches the master's stateroom, engineer's stateroom, engine room, and crew accommodations that either— (i) Is a sound-powered telephone; or (ii) Gets its power from the emergency switchboard or from an independent battery continuously charged by its own charger. | ||||
| 46:46:4.0.1.5.33.4.45.6 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.450 Machinery alarms. | USCG | (a) Each alarm required by § 130.460 of this subpart must be of the self-monitoring type that will both show visibly and sound audibly upon an opening or break in the sensing circuit. (b) The visible alarm must show until it is manually acknowledged and the condition is corrected. (c) The audible alarm must sound until it is manually silenced. (d) No silenced alarm may prevent any other audible alarm from sounding. (e) Each OSV must be provided with means for testing each visible and audible alarm. (f) Each OSV must provide battery power for the alarm required by § 130.460(a)(8) of this subpart. | ||||
| 46:46:4.0.1.5.33.4.45.7 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.460 Placement of machinery alarms. | USCG | (a) Visible and audible alarms must be installed at the pilothouse to indicate the following: (1) Loss of power for propulsion control. (2) Loss of power to the steering motor or for control of the main steering gear. (3) Engine-room fire. (4) High bilge-level. (5) Low lube-oil pressure for each main propulsion engine and each prime mover of a generator. (6) For each main propulsion engine and each prime mover of a generator— (i) High lube-oil temperature; and (ii) High jacket-water temperature. (7) For each reduction gear and each turbocharger with a pressurized oil system— (i) Low lube-oil pressure; and (ii) High lube-oil temperature. (8) Loss of normal power for the alarms listed in paragraphs (a)(1) through (a)(7) of this section. (b) Sensors for the high-bilge-level alarm required by paragraph (a)(4) of this section must be installed in— (1) Each space below the deepest load waterline that contains pumps, motors, or electrical equipment; and (2) The compartment that contains the rudder post. (c) Centralized displays must be installed in the machinery spaces to allow rapid evaluation of each problem detected by the alarms required by paragraph (a) of this section. Equipment-mounted gauges or meters are acceptable for this purpose, if they are grouped at a central site. | ||||
| 46:46:4.0.1.5.33.4.45.8 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.470 Fire alarms. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49337, Sept. 19, 1997, as amended by USCG-2009-0702, 74 FR 49235, Sept. 25, 2009; USCG-2012-0832, 77 FR 59782, Oct. 1, 2012] | (a) Each fire detector and control unit must be of a type specifically approved by the Commandant (CG-ENG). (b) No fire-alarm circuit for the engine room may contain a fire detector for any other space. (c) The number and placement of fire detectors must be approved by the cognizant OCMI. | |||
| 46:46:4.0.1.5.33.4.45.9 | 46 | Shipping | I | L | 130 | PART 130—VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS | D | Subpart D—Automation of Unattended Machinery Spaces | § 130.480 Test procedure and operations manual. | USCG | (a) A procedure for tests to be conducted on automated equipment by the operator and the Coast Guard must be submitted to comply with § 127.110 of this subchapter. (b) The procedure for tests must— (1) Be in a sequential-checkoff format; (2) Include the required alarms, controls, and communications; and (3) Set forth details of the tests. (c) Details of the tests must specify status of equipment, functions necessary to complete the tests, and expected results. (d) No tests may simulate conditions by misadjustments, artificial signals, or improper wiring. (e) A detailed operations manual that describes the operation and indicates the location of each system installed to comply with this part must be submitted to comply with § 127.110 of this subchapter. | ||||
| 49:49:2.1.1.2.7.1.25.1 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | A | Subpart A—Applicability and General Requirements | § 130.1 Purpose. | PHMSA | This part prescribes prevention, containment and response planning requirements of the Department of Transportation applicable to transportation of oil by motor vehicles and rolling stock. | ||||
| 49:49:2.1.1.2.7.1.25.2 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | A | Subpart A—Applicability and General Requirements | § 130.2 Scope. | PHMSA | [Amdt. 130-2, 61 FR 30541, June 17, 1996, as amended at 84 FR 6947, Feb. 28, 2019] | (a) The requirements of this part apply to oil that is subject to a basic or comprehensive oil spill response plan in accordance with subparts B and C of this part. (b) The requirements of this part have no effect on— (1) The applicability of the Hazardous Materials Regulations set forth in subchapter C of this chapter; and (2) The discharge notification requirements of the United States Coast Guard (33 CFR part 153) and EPA (40 CFR part 110). (c) The requirements of this part do not apply to— (1) Any mixture or solution in which oil is in a concentration by weight of less than 10 percent. (2) Transportation of oil by aircraft or vessel. (3) Any petroleum oil carried in a fuel tank for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached. (4) Oil transport exclusively within the confines of a non-transportation-related or terminal facility in a vehicle not intended for use in interstate or intrastate commerce (see 40 CFR part 112, appendix A). (d) The requirements in subpart C of this part do not apply to mobile marine transportation-related facilities (see 33 CFR part 154). | |||
| 49:49:2.1.1.2.7.1.25.3 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | A | Subpart A—Applicability and General Requirements | § 130.3 General requirements. | PHMSA | No person may offer or accept for transportation or transport oil subject to this part unless that person— (a) Complies with this part; and (b) Has been instructed on the applicable requirements of this part. | ||||
| 49:49:2.1.1.2.7.1.25.4 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | A | Subpart A—Applicability and General Requirements | § 130.5 Definitions. | PHMSA | [Amdt. 130-2, 61 FR 30541, June 17, 1996, as amended by 66 FR 45378, Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 69 FR 18803, Apr. 9, 2004; 84 FR 6947, Feb. 28, 2019] | In this subchapter: Adverse weather means the weather conditions (e.g., ice conditions, temperature ranges, flooding, strong winds) that will be considered when identifying response systems and equipment to be deployed in accordance with a response plan. Animal fat means a non-petroleum oil, fat, or grease derived from animals, not specifically identified elsewhere in this part. Contract or other means is: (1) A written contract with a response contractor identifying and ensuring the availability of the necessary personnel or equipment within the shortest practicable time; (2) A written certification by the owner or operator that the necessary personnel or equipment can and will be made available by the owner or operator within the shortest practicable time; or (3) Documentation of membership in an oil spill response organization that ensures the owner's or operator's access to the necessary personnel or equipment within the shortest practicable time. Environmentally sensitive or significant areas (ESA) means a “sensitive area” identified in the applicable Area Contingency Plan (ACP), or if no applicable, complete ACP exists, an area of environmental importance which is in or adjacent to navigable waters. EPA means the U.S. Environmental Protection Agency. Liquid means a material, with a melting point or initial melting point of 20 °C (68 °F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A viscous material for which a specific melting point cannot be determined must be subjected to the procedures specified in ASTM D4359-90 “Standard Test Method for Determining Whether a Material is Liquid or Solid” (IBR, see § 171.7 of this chapter). Maximum extent practicable means the limits of available technology and the practical and technical limits on an owner or operator of an onshore facility in planning the response resources required to provide the on-water recovery capability and the shoreline protection and cleanup capability to conduct response activities for a worst-case discharge of oi… | |||
| 49:49:2.1.1.2.7.1.25.5 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | A | Subpart A—Applicability and General Requirements | § 130.11 Communication requirements. | PHMSA | (a) No person may offer oil subject to this part for transportation unless that person provides the person accepting the oil for transportation a document indicating the shipment contains oil. (b) No person may transport oil subject to this part unless a readily available document indicating that the shipment contains oil is in the possession of the transport vehicle operator during transportation. (c) A material subject to the requirements of this part need not be specifically identified as oil when the shipment document accurately describes the material as: aviation fuel, diesel fuel, fuel oil, gasoline, jet fuel, kerosene, motor fuel, or petroleum. | ||||
| 49:49:2.1.1.2.7.1.25.6 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | A | Subpart A—Applicability and General Requirements | § 130.21 Packaging requirements. | PHMSA | Each packaging used for the transportation of oil subject to this part must be designed, constructed, maintained, closed, and loaded so that, under conditions normally incident to transportation, there will be no release of oil to the environment. | ||||
| 49:49:2.1.1.2.7.1.25.7 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | A | Subpart A—Applicability and General Requirements | §§ 130.22--130.29 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.2.7.2.25.1 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | B | Subpart B—Basic Spill Response Plans | § 130.31 Basic spill response plans. | PHMSA | [Amdt. 130-2, 61 FR 30541, June 17, 1996, as amended at 72 FR 55683, Oct. 1, 2007; 76 FR 56311, Sept. 13, 2011; 84 FR 6948, Feb. 28, 2019] | (a) No person may transport liquid petroleum oil in a packaging having a capacity of 3,500 gallons or more unless that person has a current basic written plan that: (1) Sets forth the manner of response to discharges that may occur during transportation; (2) Takes into account the maximum potential discharge of the contents from the packaging; (3) Identifies private personnel and equipment available to respond to a discharge; (4) Identifies the appropriate persons and agencies (including their telephone numbers) to be contacted in regard to such a discharge and its handling, including the National Response Center; and (5) For each motor carrier, is retained on file at that person's principal place of business and at each location where dispatching of motor vehicles occurs; and for each railroad, is retained on file at that person's principal place of business and at the dispatcher's office. (b) A railroad with a comprehensive plan in conformance with the requirements of subpart C of this part is not required to have a basic spill response plan for routes covered by the comprehensive plan. | |||
| 49:49:2.1.1.2.7.2.25.2 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | B | Subpart B—Basic Spill Response Plans | § 130.33 Basic response plan implementation. | PHMSA | If, during transportation of oil subject to this part, a discharge occurs—into or on the navigable waters of the United States; on the adjoining shorelines to the navigable waters; or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of, the United States—the person transporting the oil shall implement the plan required by § 130.31, in a manner consistent with the National Contingency Plan, 40 CFR part 300, or as otherwise directed by the Federal on-scene coordinator. | ||||
| 49:49:2.1.1.2.7.2.25.3 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | B | Subpart B—Basic Spill Response Plans | §§ 130.34--130.99 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.2.7.3.25.1 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.100 Applicability of comprehensive oil spill response plans. | PHMSA | (a) Railroads must have current, written comprehensive oil spill response plans (COSRPs) meeting the requirements of this subpart for any route or route segments used to transport either of the following: (1) Any liquid petroleum oil or other non-petroleum oil subject to this part in a quantity greater than 42,000 gallons (1,000 barrels) per packaging; or (2) A single train carrying 20 or more loaded tank cars of liquid petroleum oil in a continuous block or a single train carrying 35 or more loaded tank cars of liquid petroleum oil throughout the train consist. (i) Tank cars carrying liquid petroleum oil products not meeting the criteria for Class 3 flammable or combustible material in § 173.120 of this chapter, or containing residue as defined in § 171.8 of this chapter, are not required to be included when determining the number of tank cars transporting liquid petroleum oil in paragraph (a)(2) of this section. (ii) [Reserved] (b) The requirements of this subpart do not apply if the oil being transported is otherwise excepted per § 130.2(c). (c) A railroad required to develop a response plan in accordance with this section may not transport applicable quantities of oil (including handling and storage incidental to transport) unless— (1) The response plan is submitted, reviewed, and approved as required by § 130.150 except as described in paragraph (d) of this section; and (2) The railroad is operating in compliance with the response plan. (d) A railroad required to develop a response plan in accordance with this section may continue to transport oil without an approval from PHMSA provided that all of the following criteria are met: (1) The railroad submitted a plan in accordance with the requirements of § 130.150(a) within the previous two years; (2) The submitted plan includes the certification in § 130.130; (3) The railroad is operating in compliance with the submitted plan; and (4) PHMSA has not issued a final decision that all or part of the plan does not meet the requirements of this subpart. | ||||
| 49:49:2.1.1.2.7.3.25.10 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.145 Plan review, update, and recordkeeping procedures. | PHMSA | (a) For purposes of this part, copy means a hardcopy or an electronic version. Each railroad must: (1) Maintain a copy of the complete plan at the railroad's principal place of business; (2) Provide a copy of the core plan and the appropriate response zone appendix to each qualified individual and alternate; and (3) Provide a copy of the information summary to each dispatcher in response zones identified in the plan. (b) Each railroad must include procedures to review the plan after a discharge requiring the activation of the plan in order to evaluate and record the plan's effectiveness. (c) Each railroad must update its plan to address new or different conditions or information. In addition, each railroad must review its plan in full at least every 5 years from the date of the last approval. (d) If changes to the plans are made, updated copies of the plan must be provided to every individual referenced under paragraph (a) of this section. (e) If new or different operating conditions or information would substantially affect the implementation of the response plan, the railroad must immediately modify its plan to address such a change and must submit the change to PHMSA within 90 days in accordance with § 130.111. Examples of changes in operating conditions or information that would substantially affect a railroad's response plan are: (1) Establishment of a new railroad route, including an extension of an existing railroad route, construction of a new track, or obtaining trackage rights over a route not covered by the previously approved plan used for trains which require a comprehensive plan in accordance with § 130.100(a); (2) The name of the Oil Spill Removal Organization; (3) Emergency response procedures; (4) The qualified individual; (5) A change in the NCP or an ACP that has significant impact on the equipment appropriate for response activities (e.g., identification of ESAs as described by § 130.115); (6) A change in the type of oil transported, if the type affects the required response resou… | ||||
| 49:49:2.1.1.2.7.3.25.11 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.150 Approval and submission procedures. | PHMSA | (a) Each railroad must submit an electronic copy in an industry standard format (e.g., Adobe Acrobat, Microsoft Word, or hypertext markup language (HTML)) of the COSRP required by this part. Copies of the response plan must be submitted via commercial carrier to: Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 2nd Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Alternatively, the railroad may arrange for secure electronic transfer of the file to PHMSA or email a copy of the plan to PHMSA.OPA90@dot.gov. (b) If PHMSA determines that a response plan requiring approval does not meet all the requirements of this part, PHMSA will notify the railroad of any alleged deficiencies and provide the railroad an opportunity to respond—including the opportunity for an informal conference—to any proposed plan revisions, as well as an opportunity to correct any deficiencies. (c) A railroad that disagrees with PHMSA's determination that a plan contains alleged deficiencies may petition PHMSA for reconsideration within 30 days from the date of receipt of PHMSA's notice. After considering all relevant material presented in writing or at an informal conference, PHMSA will notify the operator of its final decision. The railroad must comply with the final decision within 30 days of issuance, unless PHMSA allows additional time. (d) PHMSA will approve the response plan if PHMSA determines that the response plan meets all requirements of this part. PHMSA may consult with the U.S. Environmental Protection Agency (EPA) or the U.S. Coast Guard (USCG), allowing a Federal On-Scene Coordinator (OSC) to identify concerns regarding a plan's compliance with the statutory and regulatory requirements. (e) If PHMSA receives a request from a Federal OSC to review a response plan, PHMSA will give a copy of the response plan to the Federal OSC provided that any requests for the plan are referred to PHMSA. PHMSA may conside… | ||||
| 49:49:2.1.1.2.7.3.25.12 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.155 Implementation of comprehensive oil spill response plans. | PHMSA | If, during transportation of oil subject to this subpart, a discharge of oil occurs—into or on the navigable waters; on the adjoining shorelines to the navigable waters; or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of, the United States—the person transporting the oil must implement the plan required by § 130.100 in a manner consistent with the National Contingency Plan, 40 CFR part 300, or as otherwise directed by the Federal On-Scene Coordinator. | ||||
| 49:49:2.1.1.2.7.3.25.2 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.105 Purpose and general format. | PHMSA | (a) Each railroad subject to this subpart must prepare and submit a plan, including resources and procedures, for responding, to the maximum extent practicable, to a worst-case discharge, and to a substantial threat of such a discharge, of oil. The plan must use and be consistent with the core principle of the National Incident Management System (NIMS) including the utilization of the Incident Command System (ICS). (b) Each response plan must be formatted to include: (1) Core plan. Response plans with more than one response zone must include a core plan containing an information summary required by § 130.120 and information that does not change between different response zones; and (2) Response zone appendix or appendices. For each response zone included in the response plan, the response plan must include a response zone appendix that provides the information summary required by § 130.120 and any additional information that differs between response zones or is not included in the core plan. In addition, each response zone appendix must identify all of the following: (i) A description of the response zone, including county(s) and state(s); (ii) A list of route sections contained in the response zone, identified by railroad milepost or other identifier; (iii) Identification of environmentally sensitive or significant areas per route section as determined by § 130.115; and (iv) The location from which the Oil Spill Removal Organization will deploy, and the location and description of the response equipment required by § 130.130(c)(6). (c) To meet the requirements of the response plan as required by § 130.100, a railroad may submit an applicable Annex(es) of an Integrated Contingency Plan (ICP). The Annex(es) must meet the minimum requirements of a Federal response plan required under this part. Guidance on the ICP is available from the National Response Team ( http://www.NRT.org ). (d) To meet the requirements of the response plan as required by § 130.100, a railroad may submit a response plan that com… | ||||
| 49:49:2.1.1.2.7.3.25.3 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.110 Consistency with the National Contingency Plan. | PHMSA | (a) A railroad must certify in the response plan that it reviewed the NCP (40 CFR part 300) and that its response plan is consistent with the NCP. (b) At a minimum, for consistency with the NCP, a comprehensive response plan must include all of the following: (1) Demonstrate a railroad's clear understanding of the Incident Command System and Unified Command and the roles and responsibilities of the Federal On-Scene Coordinator; (2) Include procedures to immediately notify the National Response Center; and (3) Establish provisions to ensure safety at the response site. | ||||
| 49:49:2.1.1.2.7.3.25.4 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.115 Consistency with Area Contingency Plans. | PHMSA | (a) A railroad must certify for each response zone that it reviewed each applicable ACP (or Regional Contingency Plan (RCP) for areas lacking an ACP). (b) At a minimum, for consistency with the applicable ACP (or Regional Contingency Plan (RCP) for areas lacking an ACP), the comprehensive response plan must do all of the following: (1) Address the removal of a worst-case discharge, and the mitigation or prevention of the substantial threat of a worst-case discharge, of oil; (2) Identify environmentally sensitive or significant areas along the route, as defined in § 130.5, which could be adversely affected by a worst-case discharge, by reviewing and summarizing the applicable ACP or RCP; (3) Incorporate appropriate strategies identified in applicable ACPs or RCPs, to protect environmentally sensitive or significant areas identified in paragraph (b)(2) of this section; (4) Describe the responsibilities of the railroad and of Federal, State, and local agencies in removing a discharge and in mitigating or preventing a substantial threat of a discharge; and (5) Identify the procedures to obtain any required Federal and State authorization for using alternative response strategies such as in-situ burning and/or chemical agents, as provided for in the applicable ACP and subpart J of 40 CFR part 300. | ||||
| 49:49:2.1.1.2.7.3.25.5 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.120 Information summary. | PHMSA | (a) Each person preparing a comprehensive response plan must include information summaries for the core plan and each response zone meeting the requirements of this section. (b) The information summary for the core plan must include all of the following: (1) The name and mailing address of the railroad; (2) A listing and description of each response zone, including county(s) and State(s); and (3) The name or title of the qualified individual(s) and alternate(s) for each response zone, with telephone numbers at which they can be contacted on a 24-hour basis. (c) The information summary for each response zone appendix must include all of the following: (1) The name and mailing address of the railroad; (2) A description of the response zone, including county(s) and State(s); (3) The name or title of the qualified individual(s) and alternate(s) for the response zone, with telephone numbers at which they can be contacted on a 24-hour basis; (4) The type(s) of oil expected to be carried; and (5) Determination of the worst-case discharge and supporting calculations. (d) The information summary should be listed first, before other information in the plan, or clearly identified through the use of tabs or other visual aids. | ||||
| 49:49:2.1.1.2.7.3.25.6 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.125 Notification procedures and contacts. | PHMSA | (a) The railroad must develop and implement notification procedures that include all of the following: (1) Procedures for immediate notification of the qualified individual or alternate and immediate communications between that individual, and the appropriate Federal official and the persons providing personnel and equipment; (2) A checklist of the notifications required under the response plan, listed in the order of priority; (3) The primary and secondary communication methods by which notifications can be made; (4) The circumstances and necessary time frames under which the notifications must be made; and (5) The information to be provided in the initial and each follow-up notification. (b) The notification procedures must include the names of the following individuals or organizations, with the ten-digit telephone numbers at which they can be contacted on a 24-hour basis: (1) The National Response Center (NRC); (2) Qualified individual, or alternative; (3) Federal, State, and local agencies that the railroad expects to have pollution control responsibilities or provide pollution control support; and (4) Personnel or organizations to notify for the activation of equipment and personnel resources identified in § 130.130. | ||||
| 49:49:2.1.1.2.7.3.25.7 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.130 Response and mitigation activities. | PHMSA | (a) Each railroad must certify that it has identified and secured, by contract or other means, the private response resources in each response zone necessary to remove and control, to the maximum extent practicable, a worst-case discharge. The certification must be signed by the qualified individual or an appropriate corporate officer. (b) Each railroad must identify and describe in the plan the response resources that are available to arrive onsite within 12 hours of the discovery of a worst-case discharge or the substantial threat of such a discharge. It is assumed that resources can travel according to a land speed of 35 miles per hour, unless the railroad can demonstrate otherwise. (c) Each plan must identify all of the following information for response and mitigation activities: (1) Methods of initial discharge detection; (2) Responsibilities of, and actions to be taken by, personnel to initiate and supervise response activities pending the arrival of the qualified individual or other response resources identified in the response plan that are necessary to ensure the protection of safety at the response site and to mitigate or prevent any discharge from the tank cars; (3) The qualified individual's responsibilities and authority; (4) Procedures for coordinating the actions of the railroad or qualified individual with the actions of the U.S. EPA or U.S. Coast Guard On-Scene Coordinator responsible for monitoring or directing response and mitigation activities; (5) The Oil Spill Removal Organization's responsibilities and authority; and (6) For each Oil Spill Removal Organization identified under this section, a listing adequate for the worst-case discharge listed in the plan of: (i) Equipment, supplies, and personnel available, and the location thereof, including equipment suitable for adverse weather conditions and the personnel necessary to continue operation of the equipment and staff the Oil Spill Removal Organization during the response, in accordance with appendix C of 33 CFR part 154; or (ii… | ||||
| 49:49:2.1.1.2.7.3.25.8 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.135 Training. | PHMSA | (a) A railroad must certify in the response plan that it has conducted training to ensure that: (1) All railroad employees subject to the plan know— (i) Their responsibilities under the comprehensive oil spill response plan; and (ii) The name of, and procedures for contacting, the qualified individual or alternate on a 24-hour basis; (2) All railroad employees with responsibilities as reporting personnel in the plan also know— (i) The content of the information summary of the response plan; (ii) The toll-free telephone number of the National Response Center; and (iii) The notification process required by § 130.105; and (3) The qualified individual or, as an alternative, the person acting in an Incident Commander role, may be trained in the Incident Command System at the Incident Commander Level. (b) Employees subject to this section must be trained at least once every five years or, if the plan is revised during the five-year recurrent training cycle, within 90 days of implementation of the revised plan. New employees must be trained within 90 days of employment or change in job function. (c) Each railroad must create and retain records of current training of each railroad employee engaged in oil spill response, inclusive of the preceding five years, in accordance with this section, for as long as that employee is employed and for 90 days thereafter. A railroad must make the employee's record of training available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation. The record must include all of the following: (1) The employee's name; (2) The completion date of the employee's most recent training; (3) The name and address of the person providing the training; and (4) A certification statement that the designated employee has been trained, as required by this subpart. (d) Nothing in this section relieves a person from the responsibility to ensure that all personnel are trained in accordance with other regulations. As an example, response pe… | ||||
| 49:49:2.1.1.2.7.3.25.9 | 49 | Transportation | I | B | 130 | PART 130—OIL SPILL PREVENTION AND RESPONSE PLANS | C | Subpart C—Comprehensive Oil Spill Response Plans | § 130.140 Equipment testing and exercise procedures. | PHMSA | (a) Testing. The plan must include a description of the methods used to ensure that equipment testing meets the manufacturer's minimum recommendations or equivalent. (b) Exercises. A railroad must implement and describe an exercise program for COSRPs following the National Preparedness for Response Exercise Program (PREP) Guidelines, which can be found using the search function on the USCG's web page ( https://homeport.uscg.mil ). These guidelines are also available from the TASC DEPT Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394, stock number USCG-X0241). As an alternative, a railroad choosing not to follow PREP Guidelines must have an exercise program that is equivalent to PREP. The plan must include a description of the exercise procedures and programs the railroad uses to assess whether its response plan will function as planned, including the types of exercises and their frequencies. (c) Recordkeeping. Railroads must keep records showing the exercise dates and times, and the after action reports that accompany the response plan exercises. Railroads must provide copies of these records to Department of Transportation representatives upon request. | ||||
| 9:9:1.0.1.6.61.0.83.1 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.1 Definitions. | APHIS | As used in this part, the following terms shall have the meaning set forth in this section. Administrator. The Administrator of the Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal. All animals except birds, but including poultry. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Animal Import Center. Quarantine facilities operated by APHIS in Newburgh, New York, and Miami, Florida. APHIS representative. An individual, including, but not limited to, an animal health technician or veterinarian, authorized by the Administrator to perform the services for which the user fees in this part are charged. Bird. Any member of the class aves, other than poultry. Consumer price index. The measure of the average change over time in prices paid by urban consumers for a market basket of consumer goods and services, as determined by the Bureau of Labor Statistics annually. Cost of living. The adjusted annual rate used to determine the cost of maintaining a certain standard of living based on the economic assumptions in the Office of Management and Budget's Presidential Economic Assumptions. Diagnostic reagent. Substances used in diagnostic tests to detect disease agents or antibodies by causing an identifiable reaction. Direct operating costs. Costs attributed to travel and transportation for personnel; materials, supplies, and other necessary items; training; general office supplies; rent; facility maintenance; equipment purchase and maintenance; utilities; contractual services; and information system operations, maintenance, and development. Direct pay (including benefits). The wage labor costs (on board and in the hiring process), including benefits, for employees who specifically support and provide the required service. Equine. Any horse, ass, mule, or zebra. Export health certificate. An official document that, as required by the importing count… | ||||||
| 9:9:1.0.1.6.61.0.83.2 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.2 Basis for fees and rates. | APHIS | (a) Except as set forth in paragraphs (b) through (d) of this section, for setting fee rates for each calendar year based upon the previous fiscal year, APHIS will calculate the rates for services as follows: (1) APHIS will prorate the total Veterinary Services (VS) inspection, certification, or laboratory service program personnel direct pay (on board and in hiring process including benefits) for the previous fiscal year to each fee based upon the direct time factor percentage of employee's average time to perform and complete each fee code process and then multiply by the next year's percentage of cost of living increase. (2) APHIS will prorate total direct operating costs for the previous fiscal year based upon the direct time factor percentage of employee's average time to perform and complete each fee code process to each fee and then multiply by the anticipated percentage of inflation for the next year. (3) APHIS will add estimates for Program, Agency, and Department support costs, imputed costs, and reserves by applying a percentage based on information from Program, Agency, and Department officials and the Department of Treasury to the sum of the direct pay plus direct operating costs. (4) The amounts derived via the process described in this paragraph (a) and paragraphs (b) and (c) of this section will be added and then APHIS will round up to the next $0.25 for all fees less than $10 or round up to the nearest dollar for all fees greater than $10 to develop the new rate for each code. (b) If there is no identifiable volume in the previous year for the service provided by the fee, if the fee is rarely charged, or if APHIS cannot readily identify level of effort, APHIS will calculate the fee based on the last available historic data encompassing multiple instances of use and add any intervening inflation, overhead and support costs, imputed costs, and reserve. (c) Fees for the exclusive use of space in animal import centers will be calculated using the following formula: (1) APHIS will calculate fee… | ||||||
| 9:9:1.0.1.6.61.0.83.3 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.3 Operating details. | APHIS | (a) General standards. (1) User fee rates may be found online at www.aphis.usda.gov/business-services/vs-fees or by contacting LAIE@usda.gov. Changes in rates will be proposed annually in the following manner: (i) APHIS will propose changes to the fee rates found at www.aphis.usda.gov/business-services/vs-fees through publication of a notice in the Federal Register. The notice will provide information regarding the basis for any fee change and will take public comment. (ii) Following the comment period, APHIS will issue a subsequent notice in the Federal Register providing the final rates. The notice will respond to any comments received on the initial notice. (iii) When this subsequent notice is issued, APHIS will update the fee rates found at www.aphis.usda.gov/business-services/vs-fees accordingly. (2) The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of user fees in accordance with this section. (b) User fees for individual animals and certain birds quarantined in the APHIS-owned or -operated quarantine facilities, including APHIS Animal Import Centers. (1) Each user fee is assessed per animal or bird quarantined by APHIS. Special requirements may be requested by the importer or required by an APHIS representative. Certain conditions or traits, such as pregnancy or aggression, may necessitate special requirements for certain birds or poultry. (2) For any animal or bird that requires a diet other than standard feed, including but not limited to diets of fruit, insects, nectar, or fish, the importer must either provide feed or pay for it on an actual cost basis, including the cost of delivery to the APHIS owned or operated Animal Import Center or quarantine facility. (c) User fees for exclusive use of space at APHIS Animal Import Centers. (1) An importer may request to exclusively occupy a space at an APHIS animal import center. Any importer who occupies space for more than 30 days must pay 1/30th of the 30-day… | ||||||
| 9:9:1.0.1.6.61.0.83.4 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.4 Hourly rate and minimum user fees. | APHIS | (a) Services subject to hourly rate user fees. User fees for import- or export-related veterinary services listed in paragraphs (a)(1) through (18) of this section, except those services covered by flat rate user fees, will be calculated at the hourly rate found online at www.aphis.usda.gov/business-services/vs-fees, for each employee required to perform the service. The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of these user fees in accordance with §§ 130.6 and 130.7. (1) Providing services to live animals for import or entry at airports, ocean ports, and rail ports. (2) Conducting inspections, including inspections of laboratories and facilities (such as biosecurity level two facilities), required either to obtain import permits for animal products and byproducts, aquaculture products, or organisms or vectors, or to maintain compliance with import permits. This hourly rate does not apply to inspection and approval of import/export facilities and establishments. (3) Obtaining samples required to be tested, either to obtain import permits or to ensure compliance with import permits. (4) Providing services for imported birds or ratites that are not subject to quarantine, such as monitoring birds—including but not limited to pet birds—between flights. (5) Supervising the opening of in-bond shipments. (6) Providing services for in-bond or in-transit animals to exit the United States. (7) Inspecting an export isolation facility and the animals in it. (8) Supervising animal or bird rest periods prior to export. (9) Supervising loading and unloading of animals or birds for export shipment. (10) Inspecting means of conveyance used to export animals or birds. (11) Conducting inspections under part 156 of this chapter. (12) Inspecting and approving an artificial insemination center or a semen collection center or the animals in it. (13) Import or entry services for feeder animals including, but not limited to, feeder goats an… | ||||||
| 9:9:1.0.1.6.61.0.83.5 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.5 Exemptions. | APHIS | (a) Veterinary diagnostics. APHIS will not charge user fees for veterinary diagnostic services under the following conditions: (1) When veterinary diagnostic services are provided in connection with Federal programs to control or eradicate diseases or pests of livestock or poultry in the United States (program diseases); (2) When veterinary diagnostic services are provided in support of zoonotic disease surveillance when the Administrator has determined that there is a significant threat to human health; and (3) When veterinary diagnostic reagents are distributed within the United States for testing for foreign animal diseases. (b) [Reserved] | ||||||
| 9:9:1.0.1.6.61.0.83.6 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.6 Payment of user fees. | APHIS | (a) Who must pay APHIS user fees? Any person for whom a service is provided related to the importation, entry, or exportation of an animal, article, or means of conveyance or related to veterinary diagnostics, and any person requesting such service, shall be jointly and severally liable for payment of fees assessed. (b) Associated charges —(1) Reservation fee. Any reservation fee paid by an importer under part 93 of this chapter will be applied to the APHIS user fees described in § 130.3(b) and (c) for animals or birds quarantined in an animal import center. (2) Special handling expenses. The user fees in this part do not include any costs that may be incurred due to special mail handling, including, but not limited to, express, overnight, or foreign mailing. If any service requires special mail handling, the user must pay all costs incurred, in addition to the user fee for the service. (3) When do I pay an additional amount for employee(s) working overtime? You must pay an additional amount if you need an APHIS employee to work on a Sunday, on a holiday, or at any time outside the normal tour of duty of that employee. You pay the amount specified in this paragraph (b)(3) as relevant, for each employee needed to get the work done. (i) What additional amount do I pay if I receive a flat rate user fee service? In addition to the flat rate user fee(s), you pay the overtime rate listed in Table 1 of this section for each employee needed to get the work done: (ii) What amount do I pay if I receive an hourly rate user fee service? Instead of paying the normal hourly rate user fee described in § 130.4(a), you pay the premium rate described in § 130.4(b) for each employee needed to get the work done: Table 1 to Paragraph ( b )(3)( i )—Overtime for Flat Rate User Fees 1 2 1 APHIS will charge a minimum charge of 2 hours, unless performed on the employee's regular workday and performed in direct continuation of the regular workday or begun within an hour of the regular workday. 2 When the 2-hour mini… | ||||||
| 9:9:1.0.1.6.61.0.83.7 | 9 | Animals and Animal Products | I | F | 130 | PART 130—USER FEES | § 130.7 Penalties for nonpayment or late payment. | APHIS | (a) Unpaid debt. If any person for whom the service is provided fails to pay when due any debt to APHIS, including any user fee due under 7 CFR chapter III or this chapter, then: (1) Subsequent user fee payments. Payment must be made for subsequent user fees before the service is provided if: (i) For unbilled fees, the user fee is unpaid 60 days after the date the pertinent regulatory provision indicates payment is due; (ii) For billed fees, the user fee is unpaid 60 days after date of bill; (iii) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or (iv) Payment has been dishonored. (2) Resolution of difference between estimate and actual. APHIS will estimate the user fee to be paid; any difference between the estimate and the actual amount owed to APHIS will be resolved as soon as reasonably possible following the delivery of the service, with APHIS returning any excess to the payor or billing the payor for the additional amount due. (3) Prepayment form. The prepayment must be in guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt. (4) Denied service. Service will be denied until the debt is paid if: (i) For unbilled fees, the user fee is unpaid 90 days after date the pertinent regulatory provision indicates payment is due; or (ii) For billed fees, the user fee is unpaid 90 days after date of bill; or (iii) The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or (iv) Payment has been dishonored. (b) Unpaid debt during service. If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is inadequate or unacceptable, then APHIS will take the follow… |
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