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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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| 14:14:3.0.1.1.13.1.3.1 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | § 136.1 Applicability and definitions. | FAA | [Docket FAA-1998-4521, 72 FR 6912, Feb. 13, 2007, as amended by Docket FAA-2022-1563, Amdt. 136-2, 88 FR 48091, July 26, 2023; Docket FAA-2023-1275, Amdt. 136-4, 89 FR 92488, Nov. 21, 2024] | (a) This subpart applies to each person operating or intending to operate a commercial air tour in an airplane, powered-lift, or rotorcraft and, when applicable, to all occupants of those aircraft engaged in a commercial air tour. When any requirement of this subpart is more stringent than any other requirement of this chapter, the person operating the commercial air tour must comply with the requirement in this subpart. (b) This subpart applies to: (1) Part 121 or 135 operators conducting a commercial air tour and holding a part 119 certificate; (2) Part 91 operators conducting flights as described in § 119.1(e)(2); and (3) Part 91 operators conducting flights as described in 14 CFR 91.146 (c) This subpart does not apply to operations conducted in balloons, gliders (powered and un-powered), parachutes (powered and un-powered), gyroplanes, or airships. (d) For the purposes of this subpart the following definitions apply: Commercial air tour means a flight conducted for compensation or hire in an airplane, powered-lift, or rotorcraft where a purpose of the flight is sightseeing. The FAA may consider the following factors in determining whether a flight is a commercial air tour for purposes of this subpart: (i) Whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire; (ii) Whether the person offering the flight provided a narrative that referred to areas or points of interest on the surface below the route of the flight; (iii) The area of operation; (iv) How often the person offering the flight conducts such flights; (v) The route of the flight; (vi) The inclusion of sightseeing flights as part of any travel arrangement package; (vii) Whether the flight in question would have been canceled based on poor visibility of the surface below the route of the flight; and (viii) Any other factors that the FAA considers appropriate. Commercial Air Tour operator means any person who conducts a commercial air tour. Life preserver means a flotation… | |||
| 14:14:3.0.1.1.13.1.3.2 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | § 136.3 Letters of Authorization. | FAA | [Docket FAA-2022-1563, Amdt. 136-2, 88 FR 48091, July 26, 2023] | Operators subject to this subpart who have Letters of Authorization may use the procedures described in § 119.51 of this chapter to amend or have the FAA reconsider those Letters of Authorization. | |||
| 14:14:3.0.1.1.13.1.3.3 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | § 136.5 Additional requirements for Hawaii. | FAA | [Docket FAA-2022-1563, Amdt. 136-2, 88 FR 48091, July 26, 2023] | Any operator subject to this subpart who meets the criteria of § 136.71 must comply with the additional requirements and restrictions in subpart D of this part. | |||
| 14:14:3.0.1.1.13.1.3.4 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | § 136.7 Passenger briefings. | FAA | [Docket FAA-1998-4521, 72 FR 6912, Feb. 13, 2007, as amended by Docket FAA-2023-2250, Amdt. 136-3, 89 FR 67850, Aug. 22, 2024] | (a) Before takeoff each pilot in command shall ensure that each passenger has been briefed on the following: (1) Procedures for fastening and unfastening seatbelts; (2) Prohibition on smoking; and (3) Procedures for opening exits and exiting the aircraft. (b) For flight segments over water beyond the shoreline, briefings must also include: (1) Procedures for water ditching; (2) Use of required life preservers; and (3) Procedures for emergency exit from the aircraft in the event of a water landing. (c) If any passengers on board a flight conducted under this part are secured with a supplemental restraint system, the pilot in command of that flight must ensure those passengers are briefed in accordance with § 91.108(g) of this chapter. | |||
| 14:14:3.0.1.1.13.1.3.5 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | § 136.9 Life preservers for operations over water. | FAA | [Docket FAA-1998-4521, 72 FR 6912, Feb. 13, 2007, as amended by Docket FAA-2022-1563, Amdt. 136-2, 88 FR 48091, July 26, 2023] | (a) Except as provided in paragraphs (b) or (c) of this section, the operator and pilot in command of commercial air tours over water beyond the shoreline must ensure that each occupant is wearing a life preserver from before takeoff until flight is no longer over water. (b) The operator and pilot in command of a commercial air tour over water beyond the shoreline must ensure that a life preserver is readily available for its intended use and easily accessible to each occupant if: (1) The aircraft is equipped with floats; (2) The airplane is within power-off gliding distance to the shoreline for the duration of the time that the flight is over water; or (3) The aircraft is a multiengine that can be operated with the critical engine inoperative at a weight that will allow it to climb, at least 50 feet a minute, at an altitude of 1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. (c) No life preserver is required if the overwater operation is necessary only for takeoff or landing. | |||
| 14:14:3.0.1.1.13.1.3.6 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | § 136.11 Rotorcraft floats for over water. | FAA | [Docket FAA-2022-1563, Amdt. 136-2, 88 FR 48091, July 26, 2023] | (a) A rotorcraft used in commercial air tours over water beyond the shoreline must be equipped with fixed floats or an inflatable flotation system adequate to accomplish a safe emergency ditching, if— (1) It is a single-engine rotorcraft; or (2) It is a multi-engine rotorcraft that cannot be operated with the critical engine inoperative at a weight that will allow it to climb, at least 50 feet a minute, at an altitude of 1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. (b) Each rotorcraft that is required to be equipped with an inflatable flotation system under this section must have: (1) The activation switch for the flotation system on one of the primary flight controls; and (2) The flotation system armed when the rotorcraft is over water beyond the shoreline and is flying at a speed that does not exceed the maximum speed prescribed in the approved aircraft flight manual for flying with the flotation system armed. (c) Neither fixed floats nor an inflatable flotation system is required for a rotorcraft under this section when that rotorcraft is: (1) Over water only during the takeoff or landing portion of the flight; or (2) Operated within power-off gliding distance to the shoreline for the duration of the flight and each occupant is wearing a life preserver from before takeoff until the aircraft is no longer over water. | |||
| 14:14:3.0.1.1.13.1.3.7 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | § 136.13 Performance plan. | FAA | [Docket FAA-2022-1563, Amdt. 136-2, 88 FR 48091, July 26, 2023] | (a) Each operator that uses a rotorcraft must complete a performance plan before each commercial air tour or flight operated under § 91.146 or § 91.147 of this chapter. The pilot in command must review for accuracy and comply with the performance plan on the day the flight occurs. The performance plan must be based on information in the approved aircraft flight manual for that aircraft taking into consideration the maximum density altitude for which the operation is planned, in order to determine: (1) Maximum gross weight and center of gravity (CG) limitations for hovering in ground effect; (2) Maximum gross weight and CG limitations for hovering out of ground effect; and (3) Maximum combination of weight, altitude, and temperature for which height/velocity information in the approved aircraft flight manual is valid. (b) Except for the approach to and transition from a hover for the purpose of takeoff and landing, or during takeoff and landing, the pilot in command must make a reasonable plan to operate the rotorcraft outside of the caution/warning/avoid area of the limiting height/velocity diagram. (c) Except for the approach to and transition from a hover for the purpose of takeoff and landing, during takeoff and landing, or when necessary for safety of flight, the pilot in command must operate the rotorcraft in compliance with the plan described in paragraph (b) of this section. | |||
| 14:14:3.0.1.1.13.1.3.8 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | A | Subpart A—National Air Tour Safety Standards | §§ 136.15-136.29 [Reserved] | FAA | |||||
| 14:14:3.0.1.1.13.2.3.1 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | B | Subpart B—National Parks Air Tour Management | § 136.31 Applicability. | FAA | [Docket FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated and amended by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007] | (a) This part restates and paraphrases several sections of the National Parks Air Tour Management Act of 2000, including section 803 (codified at 49 U.S.C. 40128) and sections 806 and 809. This subpart clarifies the requirements for the development of an air tour management plan for each park in the national park system where commercial air tour operations are flown. (b) Except as provided in paragraph (c) of this section, this subpart applies to each commercial air tour operator who conducts a commercial air tour operation over— (1) A unit of the national park system; (2) Tribal lands as defined in this subpart; or (3) Any area within one-half mile outside the boundary of any unit of the national park system. (c) This subpart does not apply to a commercial air tour operator conducting a commercial air tour operation— (1) Over the Grand Canyon National Park; (2) Over that portion of tribal lands within or abutting the Grand Canyon National Park; (3) Over any land or waters located in the State of Alaska; or (4) While flying over or near the Lake Mead Recreation Area, solely as a transportation route, to conduct a commercial air tour over the Grand Canyon National Park. | |||
| 14:14:3.0.1.1.13.2.3.2 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | B | Subpart B—National Parks Air Tour Management | § 136.33 Definitions. | FAA | [Docket FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated and amended by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007; Amdt. 136-1, 72 FR 31450, June 7, 2007] | For purposes of this subpart— (a) Commercial air tour operator means any person who conducts a commercial air tour operation. (b) Existing commercial air tour operator means a commercial air tour operator that was actively engaged in the business of providing commercial air tour operations over a national park at any time during the 12-month period ending on April 5, 2000. (c) New entrant commercial air tour operator means a commercial air tour operator that— (1) Applies for operating authority as a commercial air tour operator for a national park or tribal lands; and (2) Has not engaged in the business of providing commercial air tour operations over the national park or tribal lands for the 12-month period preceding enactment. (d) Commercial air tour operation — (1) Means any flight, conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing over a national park, within 1/2 mile outside the boundary of any national park, or over tribal lands, during which the aircraft flies— (i) Below 5,000 feet above ground level (except for the purpose of takeoff or landing, or as necessary for the safe operation of an aircraft as determined under the rules and regulations of the Federal Aviation Administration requiring the pilot-in-command to take action to ensure the safe operation of the aircraft); (ii) Less than 1 mile laterally from any geographic feature within the park (unless more than 1/2 mile outside the boundary); or (iii) Except as provided in § 136.35. (2) The Administrator may consider the following factors in determining whether a flight is a commercial air tour operation for purposes of this subpart— (i) Whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire; (ii) Whether a narrative that referred to areas or points of interest on the surface below the route of the flight was provided by the person offering the flight; (iii) The area of operation; (iv) The frequency of flights … | |||
| 14:14:3.0.1.1.13.2.3.3 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | B | Subpart B—National Parks Air Tour Management | § 136.35 Prohibition of commercial air tour operations over the Rocky Mountain National Park. | FAA | [Docket FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007] | All commercial air tour operations in the airspace over the Rocky Mountain National Park are prohibited regardless of altitude. | |||
| 14:14:3.0.1.1.13.2.3.4 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | B | Subpart B—National Parks Air Tour Management | § 136.37 Overflights of national parks and tribal lands. | FAA | [Docket FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated and amended by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007; Amdt. 136-1, 72 FR 31450, June 7, 2007] | (a) General. A commercial air tour operator may not conduct commercial air tour operations over a national park or tribal land except— (1) In accordance with this section; (2) In accordance with conditions and limitations prescribed for that operator by the Administrator; and (3) In accordance with any applicable air tour management plan for the park or tribal lands. (b) Application for operating authority. Before commencing commercial air tour operations over a national park or tribal lands, a commercial air tour operator shall apply to the Administrator for authority to conduct the operations over the park or tribal lands. (c) Number of operations authorized. In determining the number of authorizations to issue to provide commercial air tour operations over a national park, the Administrator, in cooperation with the Director, shall take into consideration the provisions of the air tour management plan, the number of existing commercial air tour operators and current level of service and equipment provided by any such operators, and the financial viability of each commercial air tour operation. (d) Cooperation with National Park Service. Before granting an application under this subpart, the Administrator, in cooperation with the Director, shall develop an air tour management plan in accordance with § 136.39 and implement such a plan. (e) Time limit on response to applications. Every effort will be made to act on any application under this subpart and issue a decision on the application not later than 24 months after it is received or amended. (f) Priority. In acting on applications under this paragraph to provide commercial air tour operations over a national park, the Administrator shall give priority to an application under this paragraph in any case where a new entrant commercial air tour operator is seeking operating authority with respect to that national park. (g) Exception. Notwithstanding this section, commercial air tour operators may conduct commercial air tour operations over a… | |||
| 14:14:3.0.1.1.13.2.3.5 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | B | Subpart B—National Parks Air Tour Management | § 136.39 Air tour management plans (ATMP). | FAA | [Docket FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007] | (a) Establishment. The Administrator, in cooperation with the Director, shall establish an air tour management plan for any national park or tribal land for which such a plan is not in effect whenever a person applies for authority to conduct a commercial air tour operation over the park. The air tour management plan shall be developed by means of a public process in accordance with paragraph (d) of this section. The objective of any air tour management plan is to develop acceptable and effective measures to mitigate or prevent the significant adverse impacts, if any, of commercial air tour operations upon the natural and cultural resources, visitor experiences, and tribal lands. (b) Environmental determination. In establishing an air tour management plan under this section, the Administrator and the Director shall each sign the environmental decision document required by section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) which may include a finding of no significant impact, an environmental assessment, or an environmental impact statement and the record of decision for the air tour management plan. (c) Contents. An air tour management plan for a park— (1) May prohibit commercial air tour operations in whole or in part; (2) May establish conditions for the conduct of commercial air tour operations, including, but not limited to, commercial air tour routes, maximum number of flights per unit of time, maximum and minimum altitudes, time of day restrictions, restrictions for particular events, intrusions on privacy on tribal lands, and mitigation of noise, visual, or other impacts; (3) Shall apply to all commercial air tour operations within 1/2 mile outside the boundary of a national park; (4) Shall include incentives (such as preferred commercial air tour routes and altitudes, and relief from caps and curfews) for the adoption of quiet technology aircraft by commercial air tour operators conducting commercial air tour operations at the park; (5) Shall provide for the init… | |||
| 14:14:3.0.1.1.13.2.3.6 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | B | Subpart B—National Parks Air Tour Management | § 136.41 Interim operating authority. | FAA | [Docket FAA-2001-8690, 67 FR 65667, Oct. 25, 2002. Redesignated by Amdt. 136-1, 72 FR 6912, Feb. 13, 2007] | (a) General. Upon application for operating authority, the Administrator shall grant interim operating authority under this section to a commercial air tour operator for commercial air tour operations over a national park or tribal land for which the operator is an existing commercial air tour operator. (b) Requirements and limitations. Interim operating authority granted under this section— (1) Shall provide annual authorization only for the greater of— (i) The number of flights used by the operator to provide the commercial air tour operations within the 12-month period prior to April 5, 2000; or (ii) The average number of flights per 12-month period used by the operator to provide such operations within the 36-month period prior to April 5, 2000, and for seasonal operations, the number of flights so used during the season or seasons covered by that 12-month period; (2) May not provide for an increase in the number of commercial air tour operations conducted during any time period by the commercial air tour operator above the number the air tour operator was originally granted unless such an increase is agreed to by the Administrator and the Director; (3) Shall be published in the Federal Register to provide notice and opportunity for comment; (4) May be revoked by the Administrator for cause; (5) Shall terminate 180 days after the date on which an air tour management plan is established for the park and tribal lands; (6) Shall promote protection of national park resources, visitor experiences, and tribal lands; (7) Shall promote safe commercial air tour operations; (8) Shall promote the adoption of quiet technology, as appropriate, and (9) Shall allow for modifications of the interim operating authority based on experience if the modification improves protection of national park resources and values and of tribal lands. (c) New entrant operators. The Administrator, in cooperation with the Director, may grant interim operating authority under this paragraph (c) to an air tour operator for a… | |||
| 14:14:3.0.1.1.13.2.3.7 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | B | Subpart B—National Parks Air Tour Management | §§ 136.43-136.49 [Reserved] | FAA | |||||
| 14:14:3.0.1.1.13.3.3.1 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | C | Subpart C—Grand Canyon National Park | §§ 136.51-136.69 [Reserved] | FAA | |||||
| 14:14:3.0.1.1.13.4.3.1 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | D | Subpart D—Special Operating Rules for Air Tour Operators in the State of Hawaii | § 136.71 Applicability. | FAA | (a) Except as provided in paragraph (b) of this section, this subpart prescribes operating rules for air tour flights conducted in airplanes, powered-lift, or rotorcraft under visual flight rules in the State of Hawaii pursuant to parts 91, 121, and 135 of this chapter. (b) This subpart does not apply to: (1) Operations conducted under part 121 of this chapter in airplanes with a passenger seating configuration of more than 30 seats or a payload capacity of more than 7,500 pounds. (2) Flights conducted in gliders or hot air balloons. | ||||
| 14:14:3.0.1.1.13.4.3.2 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | D | Subpart D—Special Operating Rules for Air Tour Operators in the State of Hawaii | § 136.73 Definitions. | FAA | For the purposes of this subpart: Air tour means any sightseeing flight conducted under visual flight rules in an airplane, powered-lift, or rotorcraft for compensation or hire. Air tour operator means any person who conducts an air tour. | ||||
| 14:14:3.0.1.1.13.4.3.3 | 14 | Aeronautics and Space | I | G | 136 | PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT | D | Subpart D—Special Operating Rules for Air Tour Operators in the State of Hawaii | § 136.75 Equipment and requirements. | FAA | [Docket FAA-2022-1563, Amdt. 136-2, 88 FR 48092, July 26, 2023, as amended by Docket FAA-2023-1275, Amdt. 136-4, 89 FR 92488, Nov. 21, 2024] | (a) Flotation equipment. No person may conduct an air tour in Hawaii in a single-engine rotorcraft beyond the shore of any island, regardless of whether the rotorcraft is within gliding distance of the shore, unless: (1) The rotorcraft is amphibious or is equipped with floats adequate to accomplish a safe emergency ditching and approved flotation gear is easily accessible for each occupant; or (2) Each person on board the rotorcraft is wearing approved flotation gear. (b) Performance plan. Each operator must complete a performance plan that meets the requirements of this paragraph (b) before each air tour flight conducted in a rotorcraft. (1) The performance plan must be based on information from the current approved aircraft flight manual for that aircraft, considering the maximum density altitude for which the operation is planned to determine the following: (i) Maximum gross weight and center of gravity (CG) limitations for hovering in ground effect; (ii) Maximum gross weight and CG limitations for hovering out of ground effect; and (iii) Maximum combination of weight, altitude, and temperature for which height-velocity information from the performance data is valid. (2) The pilot in command (PIC) must comply with the performance plan. (c) Operating limitations. Except for approach to and transition from a hover, and except for the purpose of takeoff and landing, the PIC of a rotorcraft may only operate such aircraft at a combination of height and forward speed (including hover) that would permit a safe landing in event of engine power loss, in accordance with the height-speed envelope for that rotorcraft under current weight and aircraft altitude. (d) Minimum flight altitudes. Except when necessary for takeoff and landing, or operating in compliance with an air traffic control clearance, or as otherwise authorized by the Administrator, no person may conduct an air tour in Hawaii: (1) Below an altitude of 1,500 feet above the surface over all areas of the State of Hawaii; (2) Closer than 1,… | |||
| 21:21:2.0.1.1.27.1.1.1 | 21 | Food and Drugs | I | B | 136 | PART 136—BAKERY PRODUCTS | A | Subpart A—General Provisions | § 136.3 Definitions. | FDA | For purposes of this part, the following definitions apply: (a) The word bread when used in the name of the food means the unit weighs one-half pound or more after cooling. (b) The words rolls and buns when used in the name of the food mean the unit weighs less than one-half pound after cooling. | ||||
| 21:21:2.0.1.1.27.2.1.1 | 21 | Food and Drugs | I | B | 136 | PART 136—BAKERY PRODUCTS | B | Subpart B—Requirements for Specific Standardized Bakery Products | § 136.110 Bread, rolls, and buns. | FDA | [42 FR 14400, Mar. 15, 1977, as amended at 43 FR 47177, Oct. 13, 1978; 47 FR 11826, Mar. 19, 1982; 49 FR 10096, Mar. 19, 1984; 49 FR 13692, Apr. 6, 1984; 54 FR 24894, June 12, 1989; 58 FR 2877, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Bread, white bread, and rolls, white rolls, or buns, and white buns are the foods produced by baking mixed yeast-leavened dough prepared from one or more of the farinaceous ingredients listed in paragraph (c)(1) of this section and one or more of the moistening ingredients listed in paragraphs (c) (2), (6), (7), and (8) of this section and one or more of the leavening agents provided for by paragraph (c)(3) of this section. The food may contain additional ingredients as provided for by paragraph (c) of this section. Each of the finished foods contains not less than 62 percent total solids as determined by the method prescribed in paragraph (d) of this section. (b) All ingredients from which the food is fabricated shall be safe and suitable. (c) The following optional ingredients are provided for: (1) Flour, bromated flour, phosphated flour, or a combination of two or more of these. The potassium bromate in any bromated flour used and the monocalcium phosphate in any phosphated flour used are deemed to be additional optional ingredients in the bread, rolls, or buns. All ingredients in any flour, bromated flour, or phosphated flour used are deemed to be optional ingredients of the bread, rolls, or buns prepared therefrom. (2) Water. (3) Yeast—any type which produces the necessary leavening effect. (4) Salt. (5) Shortening, in which or in conjunction with which may be used one or any combination of two or more of the following: (i) Lecithin, hydroxylated lecithin complying with the provisions of part 172 of this chapter, either of which may include related phosphatides derived from the corn oil or soybean oil from which such ingredients were obtained. (ii) Mono- and diglycerides of fat-forming fatty acids, diacetyl tartaric acid esters of mono- and diglycerides of fat-forming fatty acids, propylene glycol mono- and diesters of fat-forming fatty acids, and other ingredients that perform a similar function. (6) Milk and/or other dairy products in such quantity and composition as not to meet the requireme… | |||
| 21:21:2.0.1.1.27.2.1.2 | 21 | Food and Drugs | I | B | 136 | PART 136—BAKERY PRODUCTS | B | Subpart B—Requirements for Specific Standardized Bakery Products | § 136.115 Enriched bread, rolls, and buns. | FDA | [42 FR 14400, Mar. 15, 1977, as amended at 43 FR 38578, Aug. 29, 1978; 46 FR 43413, Aug. 28, 1981; 61 FR 8796, Mar. 5, 1996; 61 FR 14245, Apr. 1, 1996] | (a) Each of the foods enriched bread, enriched rolls, and enriched buns conforms to the definition and standard of identity and is subject to the requirements for label statement of ingredients prescribed for bread, rolls or buns by § 136.110, except that: (1) Each such food contains in each pound 1.8 milligrams of thiamin, 1.1 milligrams of riboflavin, 15 milligrams of niacin, 0.43 milligrams of folic acid, and 12.5 milligrams of iron. (2) Each such food may contain added calcium in such quantity that the total calcium content is 600 milligrams per pound. If insufficient calcium is added to meet the 600-milligram level per pound of the finished food, no claim may be made on the label for calcium as a nutrient except as a part of nutrition labeling. (3) The requirements of paragraphs (a) (1) and (2) of this section will be deemed to have been met if reasonable overages of the vitamins and minerals, within the limits of good manufacturing practice, are present to ensure that the required levels of the vitamins and minerals are maintained throughout the expected shelf life of the food under customary conditions of distribution and storage. The quantitative content of the following vitamins shall be calculated in terms of the following chemically identifiable reference forms: (4) Each such food may also contain wheat germ or partly defatted wheat germ, but the total quantity thereof, including any wheat germ or partly defatted wheat germ in any enriched flour used, shall not be more than 5 percent of the flour ingredient. (5) Enriched flour may be used, in whole or in part, instead of flour. As used in this section, the term “enriched flour” includes enriched bromated flour. (6) The limitation prescribed by § 136.110(c)(6) on the quantity and composition of milk and/or other dairy products does not apply. (7) The vitamins and minerals added to the food for enrichment purposes may be supplied by any safe and suitable substances. Niacin equivalents as derived from tryptophan content shall not be used in determi… | |||
| 21:21:2.0.1.1.27.2.1.3 | 21 | Food and Drugs | I | B | 136 | PART 136—BAKERY PRODUCTS | B | Subpart B—Requirements for Specific Standardized Bakery Products | § 136.130 Milk bread, rolls, and buns. | FDA | (a) Each of the foods milk bread, milk rolls, and milk buns conforms to the definition and standard of identity and is subject to the requirements for label statement of ingredients prescribed for bread, rolls or buns by § 136.110 except that: (1) The only moistening ingredient permitted in the preparation of the dough is milk or, as an alternative, a combination of dairy products in such a proportion that the weight of the nonfat milk solids is not more than 2.3 times and not less than 1.2 times the weight of the milkfat therein, with or without water, in a quantity that provides not less than 8.2 parts milk solids for each 100 parts by weight of flour. (2) No buttermilk, buttermilk product, cheese whey, cheese whey product, or milk protein is used. (b) The name of the food is “milk bread”, “milk rolls”, “milk buns”, as applicable. | ||||
| 21:21:2.0.1.1.27.2.1.4 | 21 | Food and Drugs | I | B | 136 | PART 136—BAKERY PRODUCTS | B | Subpart B—Requirements for Specific Standardized Bakery Products | § 136.160 Raisin bread, rolls, and buns. | FDA | [42 FR 14400, Mar. 15, 1977, as amended at 47 FR 11826, Mar. 19, 1982; 49 FR 10096, Mar. 19, 1984; 54 FR 24894, June 12, 1989; 63 FR 14035, Mar. 24, 1998] | (a) Each of the foods raisin bread, raisin rolls, and raisin buns conforms to the definition and standard of identity and is subject to the requirements for label statement of ingredients prescribed for bread, rolls or buns by § 136.110, except that: (1) Not less than 50 parts by weight of seeded or seedless raisins are used for each 100 parts by weight of flour used. (2) Water extract of raisins may be used, but not to replace raisins. (3) The baked units may bear icing or frosting. (4) The limitation prescribed by § 136.110(c)(6) on the quantity and composition of milk and/or other dairy products does not apply. (5) The total solids are determined by the method prescribed in § 136.110(d), except that section 14.091(b) of “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference, will apply. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) The name of the food is “raisin bread”, “raisin rolls”, “raisin buns”, as applicable. When the food contains not less than 2.56 percent by weight of whole egg solids, the name of the food may be “raisin and egg bread”, “raisin and egg rolls”, or “raisin and egg buns”, as applicable, accompanied by the statement “Contains __ medium-sized egg(s) per pound” in the manner prescribed by § 102.5(c)(3) of this chapter, the blank to be filled in with the number which represents the whole egg content of the food expressed to the nearest one-fifth egg but not greater than the amount actually present. For purposes of this regulation, whole egg solids are the edible contents of eggs calculated on a moisture-free basis and exclusive of any nonegg solids which may be present in standardi… | |||
| 21:21:2.0.1.1.27.2.1.5 | 21 | Food and Drugs | I | B | 136 | PART 136—BAKERY PRODUCTS | B | Subpart B—Requirements for Specific Standardized Bakery Products | § 136.180 Whole wheat bread, rolls, and buns. | FDA | (a) Each of the foods whole wheat bread, graham bread, entire wheat bread, whole wheat rolls, graham rolls, entire wheat rolls, whole wheat buns, graham buns, and entire wheat buns conforms to the definition and standard of identity and is subject to the label statement of ingredients prescribed for bread, rolls and buns by § 136.110, except that: (1) The dough is made from the optional ingredient whole wheat flour, bromated whole wheat flour, or a combination of these. No flour, bromated flour, or phosphated flour is used. The potassium bromate in any bromated whole wheat flour used is deemed to be an additional optional ingredient in the whole wheat bread, whole wheat rolls, or whole wheat buns. (2) The limitation prescribed by § 136.110(c)(6) on the quantity and composition of milk and/or other dairy products does not apply. (b) The name of the food is “whole wheat bread”, “graham bread”, “entire wheat bread”, “whole wheat rolls”, “graham rolls”, “entire wheat rolls”, “whole wheat buns”, “graham buns”, “entire wheat buns”, as applicable. | ||||
| 33:33:2.0.1.2.5.1.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.1 Purpose and applicability. | USCG | (a) This part prescribes regulations for— (1) Presentation, filing, processing, settlement, and adjudication of claims authorized to be presented to the Oil Spill Liability Trust Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated damages resulting from the discharge, or substantial threat of discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining shorelines, or the exclusive economic zone; (2) Designation of the source of the incident, notification to the responsible party of the designation, and advertisement of the designation and claims procedures; and (3) Other related matters. (b) This part applies to claims resulting from incidents occurring after August 18, 1990. (c) Nothing in this part— (1) Preempts the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to— (i) The discharge of oil or other pollution by oil within such State; or (ii) Any removal activities in connection with such a discharge; or (2) Affects or modifies in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq. ) or State law, including common law; or (3) Affects the authority of any State— (i) To establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or (ii) To require any person to contribute to such a fund; or (4) Affects the authority of the United States or any State or political subdivision thereof to impose additional liability or additional requirements relating to a discharge, or substantial threat of a discharge, of oil. | ||||
| 33:33:2.0.1.2.5.1.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.3 Information. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012-0306, 77 FR 37315, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017] | Anyone desiring to file a claim against the Fund may obtain general information on the procedure for filing a claim from the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605, (800) 280-7118. | |||
| 33:33:2.0.1.2.5.1.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.5 Definitions. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012-0306, 77 FR 37315, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017] | (a) As used in this part, the following terms have the same meaning as set forth in sections 1001 and 1007(c) of the Act (33 U.S.C. 2701 and 2707(c)): Claim, claimant, damages, discharge, exclusive economic zone, facility, foreign claimant, foreign offshore unit, Fund, guarantor, incident, National Contingency Plan, natural resources, navigable waters, offshore facility, oil, onshore facility, owner or operator, person, removal costs, responsible party, State, United States, and vessel. (b) As used in this part— Act means title I of the Oil Pollution Act of 1990 (Pub. L. 101-380; 33 U.S.C. 2701 through 2719). Director, NPFC, means the person in charge of the U.S. Coast Guard National Pollution Funds Center or that person's authorized representative. FOSC means the Federal On-Scene Coordinator designated under the National Contingency Plan or that person's authorized representative. NPFC means the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605. | |||
| 33:33:2.0.1.2.5.1.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.7 Foreign claimants. | USCG | In addition to other applicable limitations on presenting claims to the Fund, claims by foreign claimants to recover removal costs or damages may be presented only when the requirements of section 1007 of the Act (33 U.S.C. 2707) are met. | ||||
| 33:33:2.0.1.2.5.1.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | A | Subpart A—General | § 136.9 Falsification of claims. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by CGD 96-052, 62 FR 16703, Apr. 8, 1997; USCG-2013-0397, 78 FR 39175, July 1, 2013] | Persons submitting false claims or making false statements in connection with claims under this part may be subject to prosecution under Federal law, including but not limited to 18 U.S.C. 287 and 1001. In addition, persons submitting written documentation in support of claims under this part which they know, or should know, is false or omits a material fact may be subject to a civil penalty for each claim. If any payment is made on the claim, the claimant may also be subject to an assessment of up to twice the amount claimed. These civil sanctions may be imposed under the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, as implemented in 6 CFR part 13. | |||
| 33:33:2.0.1.2.5.2.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.101 Time limitations on claims. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992, as amended by USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012-0306, 77 FR 37315, June 21, 2012; USCG-2016-0498, 82 FR 35081, July 28, 2017] | (a) Except as provided under section 1012(h)(3) of the Act (33 U.S.C. 2712(h)(3)) (minors and incompetents), the Fund will consider a claim only if presented in writing to the Director, NPFC, within the following time limits: (1) For damages, within three years after— (i) The date on which the injury and its connection with the incident in question were reasonably discoverable with the exercise of due care. (ii) In the case of natural resources damages under section 1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date under paragraph (a)(1)(i) of this section, or within three years from the date of completion of the natural resources damage assessment under section 1006(e) of the Act (33 U.S.C. 2706(e)), whichever is later. (2) For removal costs, within six years after the date of completion of all removal actions for the incident. As used in this paragraph, “date of completion of all removal actions” is defined as the actual date of completion of all removal actions for the incident or the date the FOSC determines that the removal actions which form the basis for the costs being claimed are completed, whichever is earlier. (b) Unless the Director, NPFC, directs in writing that the claim be submitted elsewhere, a claim is deemed presented on the date the claim is actually received at the Director, National Pollution Funds Center, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7605. If the Director, NPFC, directs that the claim be presented elsewhere, the claim is deemed presented on the date the claim is actually received at the address in the directive. | |||
| 33:33:2.0.1.2.5.2.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.103 Order of presentment. | USCG | [CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, 1992] | (a) Except as provided in paragraph (b) of this section, all claims for removal costs or damages must be presented first to the responsible party or guarantor of the source designated under § 136.305. (b) Claims for removal costs or damages may be presented first to the Fund only— (1) By any claimant, if the Director, NPFC, has advertised, or otherwise notified claimants in writing, in accordance with § 136.309(e); (2) By a responsible party who may assert a claim under section 1008 of the Act (33 U.S.C. 2708); (3) By the Governor of a State for removal costs incurred by that State; or (4) By a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 1012(a) of the Act (33 U.S.C. 2712(a)). (c) If a claim is presented in accordance with paragraph (a) of this section and— (1) Each person to whom the claim is presented denies all liability for the claim; or (2) The claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to § 136.309(d), whichever is later, the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund. (d) No claim of a person against the Fund will be approved or certified for payment during the pendency of an action by the person in court to recover costs which are the subject of the claim. | |||
| 33:33:2.0.1.2.5.2.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.105 General requirements for a claim. | USCG | (a) The claimant bears the burden of providing all evidence, information, and documentation deemed necessary by the Director, NPFC, to support the claim. (b) Each claim must be in writing for a sum certain for compensation for each category of uncompensated damages or removal costs (as described in Subpart C of this part) resulting from an incident. If at any time during the pendency of a claim against the Fund the claimant receives any compensation for the claimed amounts, the claimant shall immediately amend the claim. (c) Each claim must be signed in ink by the claimant certifying to the best of the claimant's knowledge and belief that the claim accurately reflects all material facts. (d) In addition to the other requirements of this section, any claim presented by a legal representative of the claimant must also be signed by the legal representative and— (1) Be presented in the name of the claimant; (2) Show the title or legal capacity of the representative; and (3) Provide proof of authority to act for the claimant. (e) Each claim must include at least the following, as applicable: (1) The full name, street and mailing addresses of residence and business, and telephone numbers of the claimant. (2) The date, time, and place of the incident giving rise to the claim. (3) The identity of the vessel, facility, or other entity causing or suspected to have caused the removal costs or damages claimed and the basis for such identity or belief. (4) A general description of the nature and extent of the impact of the incident, the costs associated with removal actions, and damages claimed, by category as delineated in Subpart C of this part, including, for any property, equipment, or similar item damaged, the full name, street and mailing address, and telephone number of the actual owner, if other than the claimant. (5) An explanation of how and when the removal costs or damages were caused by, or resulted from, an incident. (6) Evidence to support the claim. (7) A description of the actions taken by the c… | ||||
| 33:33:2.0.1.2.5.2.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.107 Subrogated claims. | USCG | (a) The claims of subrogor (e.g., insured) and subrogee (e.g., insurer) for removal costs and damages arising out of the same incident should be presented together and must be signed by all claimants. (b) A fully subrogated claim is payable only to the subrogee. (c) A subrogee must support a claim in the same manner as any other claimant. | ||||
| 33:33:2.0.1.2.5.2.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.109 Removal costs and multiple items of damages. | USCG | (a) A claimant must specify all of the claimant's known removal costs or damages arising out of a single incident when submitting a claim. (b) Removal costs and each separate category of damages (as described in subpart C of this part) must be separately listed with a sum certain attributed to each type and category listed. (c) At the sole discretion of the Director, NPFC, removal costs and each separate category of damages may be treated separately for settlement purposes. | ||||
| 33:33:2.0.1.2.5.2.33.6 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.111 Insurance. | USCG | (a) A claimant shall provide the following information concerning any insurance which may cover the removal costs or damages for which compensation is claimed: (1) The name and address of each insurer. (2) The kind and amount of coverage. (3) The policy number. (4) Whether a claim has been or will be presented to an insurer and, if so, the amount of the claim and the name of the insurer. (5) Whether any insurer has paid the claim in full or in part or has indicated whether or not payment will be made. (b) If requested by the Director, NPFC, the claimant shall provide a copy of the following material: (1) All insurance policies or indemnification agreements. (2) All written communications, and a summary of all oral communications, with any insurer or indemnifier. (c) A claimant shall advise the Director, NPFC, of any changes in the information provided under this section. | ||||
| 33:33:2.0.1.2.5.2.33.7 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.113 Other compensation. | USCG | A claimant must include an accounting, including the source and value, of all other compensation received, applied for, or potentially available as a consequence of the incident out of which the claim arises including, but not limited to, monetary payments, goods or services, or other benefits. | ||||
| 33:33:2.0.1.2.5.2.33.8 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | B | Subpart B—General Procedure | § 136.115 Settlement and notice to claimant. | USCG | (a) Payment in full, or acceptance by the claimant of an offer of settlement by the Fund, is final and conclusive for all purposes and, upon payment, constitutes a release of the Fund for the claim. In addition, acceptance of any compensation from the Fund precludes the claimant from filing any subsequent action against any person to recover costs or damages which are the subject of the compensated claim. Acceptance of any compensation also constitutes an agreement by the claimant to assign to the Fund any rights, claims, and causes of action the claimant has against any person for the costs and damages which are the subject of the compensated claims and to cooperate reasonably with the Fund in any claim or action by the Fund against any person to recover the amounts paid by the Fund. The cooperation shall include, but is not limited to, immediately reimbursing the Fund for any compensation received from any other source for the same costs and damages and providing any documentation, evidence, testimony, and other support, as may be necessary for the Fund to recover from any person. (b) Claimant's failure to accept an offer of settlement within 60 days after the date the offer was mailed to the claimant automatically voids the offer. The Director, NPFC, reserves the right to revoke an offer at any time. (c) A claimant will be notified in writing sent by certified or registered mail whenever a claim against the Fund is denied. The failure of the Director, NPFC, to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim. (d) The Director, NPFC, upon written request of the claimant or of a person duly authorized to act on the claimant's behalf, reconsiders any claim denied. The request for reconsideration must be in writing and include the factual or legal grounds for the relief requested, providing any additional support for the claim. The request must be received by the Director, NPFC, within 60 days af… | ||||
| 33:33:2.0.1.2.5.3.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.201 Authorized claimants. | USCG | A claim for removal costs may be presented by any claimant. | ||||
| 33:33:2.0.1.2.5.3.33.10 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.219 Authorized claimants. | USCG | (a) A claim for loss of subsistence use of natural resources may be presented only by a claimant who actually uses, for subsistence, the natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources. (b) A claim for loss of profits or impairment of earning capacity due to loss of subsistence use of natural resources must be included as part of the claim under this section and must include the proof required under § 136.233. | ||||
| 33:33:2.0.1.2.5.3.33.11 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.221 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a claimant must provide— (a) The identification of each specific natural resource for which compensation for loss of subsistence use is claimed; (b) A description of the actual subsistence use made of each specific natural resource by the claimant; (c) A description of how and to what extent the claimant's subsistence use was affected by the injury to or loss of each specific natural resource; (d) A description of each effort made by the claimant to mitigate the claimant's loss of subsistence use; and (e) A description of each alternative source or means of subsistence available to the claimant during the period of time for which loss of subsistence is claimed, and any compensation available to the claimant for loss of subsistence. | ||||
| 33:33:2.0.1.2.5.3.33.12 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.223 Compensation allowable. | USCG | (a) The amount of compensation allowable is the reasonable replacement cost of the subsistence loss suffered by the claimant if, during the period of time for which the loss of subsistence is claimed, there was no alternative source or means of subsistence available. (b) The amount of compensation allowable under paragraph (a) of this section must be reduced by— (1) All compensation made available to the claimant to compensate for subsistence loss; (2) All income which was derived by utilizing the time which otherwise would have been used to obtain natural resources for subsistence use; and (3) Overheads or other normal expenses of subsistence use not incurred as a result of the incident. (c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.219(b) is limited to that allowable under § 136.235. | ||||
| 33:33:2.0.1.2.5.3.33.13 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.225 Authorized claimants. | USCG | A claim for net loss of revenue due to the injury, destruction, or loss of real property, personal property, or natural resources may be presented only by an appropriate claimant sustaining the loss. As used in this section and § 136.277, “revenue” means taxes, royalties, rents, fees, and net profit shares. | ||||
| 33:33:2.0.1.2.5.3.33.14 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.227 Proof. | USCG | In addition to the requirements of Subparts A and B, a claimant must establish— (a) The identification and description of the economic loss for which compensation is claimed, including the applicable authority, property affected, method of assessment, rate, and method and dates of collection; (b) That the loss of revenue was due to the injury to, destruction of, or loss of real or personal property or natural resources; (c) The total assessment or revenue collected for comparable revenue periods; and (d) The net loss of revenue. | ||||
| 33:33:2.0.1.2.5.3.33.15 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.229 Compensation allowable. | USCG | The amount of compensation allowable is the total net revenue actually lost. | ||||
| 33:33:2.0.1.2.5.3.33.16 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.231 Authorized claimants. | USCG | (a) A claim for loss of profits or impairment of earning capacity due to the injury to, destruction of, or loss of real or personal property or natural resources may be presented by a claimant sustaining the loss or impairment. The claimant need not be the owner of the damaged property or resources to recover for lost profits or income. (b) A claim for loss of profits or impairment of earning capacity that also involves a claim for injury to, or economic losses resulting from destruction of, real or personal property must be claimed under § 136.213. (c) A claim for loss of profits or impairment of earning capacity that also involves a claim for loss of subsistence use of natural resources must be claimed under § 136.219. | ||||
| 33:33:2.0.1.2.5.3.33.17 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.233 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a claimant must establish the following: (a) That real or personal property or natural resources have been injured, destroyed, or lost. (b) That the claimant's income was reduced as a consequence of injury to, destruction of, or loss of the property or natural resources, and the amount of that reduction. (c) The amount of the claimant's profits or earnings in comparable periods and during the period when the claimed loss or impairment was suffered, as established by income tax returns, financial statements, and similar documents. In addition, comparative figures for profits or earnings for the same or similar activities outside of the area affected by the incident also must be established. (d) Whether alternative employment or business was available and undertaken and, if so, the amount of income received. All income that a claimant received as a result of the incident must be clearly indicated and any saved overhead and other normal expenses not incurred as a result of the incident must be established. | ||||
| 33:33:2.0.1.2.5.3.33.18 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.235 Compensation allowable. | USCG | The amount of compensation allowable is limited to the actual net reduction or loss of earnings or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments for— (a) All income resulting from the incident; (b) All income from alternative employment or business undertaken; (c) Potential income from alternative employment or business not undertaken, but reasonably available; (d) Any saved overhead or normal expenses not incurred as a result of the incident; and (e) State, local, and Federal taxes. | ||||
| 33:33:2.0.1.2.5.3.33.19 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.237 Authorized claimants. | USCG | A claim for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil may be presented only by a State or a political subdivision of a State incurring the costs. | ||||
| 33:33:2.0.1.2.5.3.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.203 Proof. | USCG | In addition to the requirements of Subparts A and B of this part, a claimant must establish— (a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the incident; (b) That the removal costs were incurred as a result of these actions; (c) That the actions taken were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC. | ||||
| 33:33:2.0.1.2.5.3.33.20 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.239 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a claimant must establish— (a) The nature of the specific public services provided and the need for those services; (b) That the services occurred during or after removal activities; (c) That the services were provided as a result of a discharge of oil and would not otherwise have been provided; and (d) The net cost for the services and the methods used to compute those costs. | ||||
| 33:33:2.0.1.2.5.3.33.21 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.241 Compensation allowable. | USCG | The amount of compensation allowable is the net cost of the increased or additional service provided by the State or political subdivision. | ||||
| 33:33:2.0.1.2.5.3.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.205 Compensation allowable. | USCG | The amount of compensation allowable is the total of uncompensated reasonable removal costs of actions taken that were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC. Except in exceptional circumstances, removal activities for which costs are being claimed must have been coordinated with the FOSC. | ||||
| 33:33:2.0.1.2.5.3.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.207 Authorized claimants. | USCG | (a) Claims for uncompensated natural resource damages may be presented by an appropriate natural resources trustee. However, in order to facilitate the processing of these claims with respect to a single incident where multiple trustees are involved and to prevent double recovery, the affected trustees should select a lead administrative trustee who will present consolidated claims on behalf of the trustees. (b) A trustee may present a claim for the reasonable cost of assessing natural resources damages separately from a claim for the cost of developing and implementing plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the natural resources damaged. | ||||
| 33:33:2.0.1.2.5.3.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.209 Proof. | USCG | In addition to the requirements of subparts A and B of this part, a trustee must do the following: (a) Submit the assessment and restoration plans which form the basis of the claim. (b) Provide documented costs and cost estimates for the claim. Final cost estimates for conducting damage assessments or implementing a restoration plan may form the basis for a claim against the Fund for an uncompensated natural resources damage claim. (c) Identify all trustees who may be potential claimants for the same natural resources damaged. (d) Certify the accuracy and integrity of any claim submitted to the Fund, and certify that any actions taken or proposed were or will be conducted in accordance with the Act and consistent with all applicable laws and regulations. (e) Certify whether the assessment was conducted in accordance with applicable provisions of the natural resources damage assessment regulations promulgated under section 1006(e)(1) of the Act (33 U.S.C. 2706(e)(1)). Identify any other or additional damage assessment regulations or methodology utilized. (f) Certify that, to the best of the trustee's knowledge and belief, no other trustee has the right to present a claim for the same natural resources damages and that payment of any subpart of the claim presented would not constitute a double recovery for the same natural resources damages. | ||||
| 33:33:2.0.1.2.5.3.33.6 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.211 Compensation allowable. | USCG | (a) The amount of compensation allowable is the reasonable cost of assessing damages, and the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the damaged natural resources. (b) In addition to any other provision of law respecting the use of sums recovered for natural resources damages, trustees shall reimburse the Fund for any amounts received from the Fund in excess of that amount required to accomplish the activities for which the claim was paid. | ||||
| 33:33:2.0.1.2.5.3.33.7 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.213 Authorized claimants. | USCG | (a) A claim for injury to, or economic losses resulting from the destruction of, real or personal property may be presented only by a claimant either owning or leasing the property. (b) Any claim for loss of profits or impairment of earning capacity due to injury to, destruction of, or loss of real or personal property must be included as subpart of the claim under this section and must include the proof required under § 136.233. | ||||
| 33:33:2.0.1.2.5.3.33.8 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.215 Proof. | USCG | (a) In addition to the requirements of subparts A and B of this part, a claimant must establish— (1) An ownership or leasehold interest in the property; (2) That the property was injured or destroyed; (3) The cost of repair or replacement; and (4) The value of the property both before and after injury occurred. (b) In addition, for each claim for economic loss resulting from destruction of real or personal property, the claimant must establish— (1) That the property was not available for use and, if it had been, the value of that use; (2) Whether or not substitute property was available and, if used, the costs thereof; and (3) That the economic loss claimed was incurred as the result of the injury to or destruction of the property. | ||||
| 33:33:2.0.1.2.5.3.33.9 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | C | Subpart C—Procedures for Particular Claims | § 136.217 Compensation allowable. | USCG | (a) The amount of compensation allowable for damaged property is the lesser of— (1) Actual or estimated net cost of repairs necessary to restore the property to substantially the same condition which existed immediately before the damage; (2) The difference between value of the property before and after the damage; or (3) The replacement value. (b) Compensation for economic loss resulting from the destruction of real or personal property may be allowed in an amount equal to the reasonable costs actually incurred for use of substitute commercial property or, if substitute commercial property was not reasonably available, in an amount equal to the net economic loss which resulted from not having use of the property. When substitute commercial property was reasonably available, but not used, allowable compensation for loss of use is limited to the cost of the substitute commercial property, or the property lost, whichever is less. Compensation for loss of use of noncommercial property is not allowable. (c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.213(b) is limited to that allowable under § 136.235. | ||||
| 33:33:2.0.1.2.5.4.33.1 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.301 Purpose. | USCG | This subpart prescribes the requirements concerning designation of the source or sources of the discharge or threat of discharge and advertisement of these designations, including the procedures by which claims may be presented to the responsible party or guarantor. | ||||
| 33:33:2.0.1.2.5.4.33.2 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.303 Definitions. | USCG | As used in this subpart— Advertisement means the dissemination of information, including but not limited to paid advertisements, that are reasonably calculated to advise the public how to present a claim. Designated source means a source designated under § 136.305. | ||||
| 33:33:2.0.1.2.5.4.33.3 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.305 Notice of designation. | USCG | [USCG-91-035, 57 FR 36316, Aug. 12, 1992, as amended by USCG-2012-0306, 77 FR 37315, June 21, 2012] | (a) When information of an incident is received, the source or sources of the discharge or threat are designated, where possible and appropriate. If the designated source is a vessel or facility, the responsible party and the guarantor, if known, are notified by telephone, telefax, or other rapid means of that designation. The designation will be confirmed by a written Notice of Designation. (b) A Notice of Designation normally contains, to the extent known— (1) The name of the vessel or facility designated as the source; (2) The location, date, and time of the incident; (3) The type and quantity of oil involved; (4) The date of the designation; (5) The procedures for accepting or denying the designation; and (6) The name, address, telephone number, and, if available, telefax number of the responsible Federal official to whom further communication regarding the incident, advertisement of the incident, or denial of designation should be directed. | |||
| 33:33:2.0.1.2.5.4.33.4 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.307 Denial of designation. | USCG | (a) Within five days after receiving a Notice of Designation under § 136.305, the responsible party or guarantor may deny the designation. (b) A denial of designation must— (1) Be in writing; (2) Identify the Notice of Designation; (3) Give the reasons for the denial and provide a copy of all supporting documents; and (4) Be submitted to the official named in the Notice of Designation. (c) A denial is deemed received on the date the denial is actually received by the official named in the Notice of Designation. | ||||
| 33:33:2.0.1.2.5.4.33.5 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.309 Advertisement determinations. | USCG | (a) The Director, NPFC, determines for each incident the type, geographic scope, frequency, and duration of advertisement required. (b) In making the determination specified in paragraph (a) of this section, the Director, NPFC, may consider— (1) The nature and extent of economic losses that have occurred or are likely to occur; (2) The potential claimants who are likely to incur economic losses; (3) The geographical area that is or will likely be affected; (4) The most effective method of reasonably notifying potential claimants of the designation and procedures of submitting claims; and (5) Relevant information or recommendations, if any, submitted by, or on behalf of, the responsible party or guarantor of the designated source. (c) The Director, NPFC, provides the specific requirements for advertisement for each incident to the responsible party or guarantor of the designated source. (d) If a responsible party or guarantor has not denied designation in accordance with § 136.307, the party or guarantor shall advertise, in accordance with the requirements of this subpart, the designation and the procedures by which claims may be presented. The advertisement must begin not later than 15 days after the date of the designation made under § 136.305. (e) If there is no designation under § 136.305, if the source of the discharge or threat is a public vessel, or if the responsible party and guarantor of the source designated have denied the designation or failed to meet the requirements for advertisement in this section, the Director, NPFC, may advertise procedures for presenting claims. | ||||
| 33:33:2.0.1.2.5.4.33.6 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.311 Types of advertisement. | USCG | Advertisement required by the Director, NPFC, will normally include one or more of the following: (a) Paid advertisements in a newspaper or newspapers having general circulation in the area designated by the Director, NPFC. (b) Notice posted in marinas, marine supply stores, bait and tackle shops, and other appropriate business establishments or public facilities in the area designated by the Director, NPFC. (c) News releases to newspapers, radio stations, television stations, and cable services having general circulation in the area designated by the Director, NPFC. (d) Other means approved by the Director, NPFC, under the circumstances of each case. | ||||
| 33:33:2.0.1.2.5.4.33.7 | 33 | Navigation and Navigable Waters | I | M | 136 | PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT | D | Subpart D—Designation of Source and Advertisement | § 136.313 Content of advertisement. | USCG | Each advertisement required by this subpart may be required to contain the following information or to indicate where this information may be contained: (a) Location, date, and time of the incident. (b) Geographical area affected, as determined by the FOSC or Director, NPFC. (c) Type and quantity of oil involved. (d) Name or other description of the source designated by the FOSC or Director, NPFC. (e) Name of the responsible party and guarantor of the designated source. (f) Name, address, telephone number, office hours, and work days of the person or persons to whom claims are to be presented and from whom claim information can be obtained. (g) The procedures by which a claim may be presented. (h) Other information required by the Director, NPFC, under the circumstances of each case. | ||||
| 40:40:25.0.1.1.1.0.1.1 | 40 | Protection of Environment | I | D | 136 | PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS | § 136.1 Applicability. | EPA | [72 FR 14224, Mar. 26, 2007, as amended at 77 FR 29771, May 18, 2012; 79 FR 49013, Aug. 19, 2014; 82 FR 40846, Aug. 28, 2017] | (a) The procedures prescribed herein shall, except as noted in §§ 136.4, 136.5, and 136.6, be used to perform the measurements indicated whenever the waste constituent specified is required to be measured for: (1) An application submitted to the Director and/or reports required to be submitted under NPDES permits or other requests for quantitative or qualitative effluent data under parts 122 through 125 of this chapter; and (2) Reports required to be submitted by dischargers under the NPDES established by parts 124 and 125 of this chapter; and (3) Certifications issued by States pursuant to section 401 of the Clean Water Act (CWA), as amended. (b) The procedure prescribed herein and in part 503 of title 40 shall be used to perform the measurements required for an application submitted to the Administrator or to a State for a sewage sludge permit under section 405(f) of the Clean Water Act and for recordkeeping and reporting requirements under part 503 of title 40. (c) For the purposes of the NPDES program, when more than one test procedure is approved under this part for the analysis of a pollutant or pollutant parameter, the test procedure must be sufficiently sensitive as defined at 40 CFR 122.21(e)(3) and 122.44(i)(1)(iv). | |||||
| 40:40:25.0.1.1.1.0.1.2 | 40 | Protection of Environment | I | D | 136 | PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS | § 136.2 Definitions. | EPA | [38 FR 28758, Oct. 16, 1973, as amended at 49 FR 43250, Oct. 26, 1984; 82 FR 40846, Aug. 28, 2017] | As used in this part, the term: (a) Act means the Clean Water Act of 1977, Pub. L. 95-217, 91 Stat. 1566, et seq. (33 U.S.C. 1251 et seq. ) (The Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977). (b) Administrator means the Administrator of the U.S. Environmental Protection Agency. (c) Regional Administrator means one of the EPA Regional Administrators. (d) Director means the director as defined in 40 CFR 122.2. (e) National Pollutant Discharge Elimination System (NPDES) means the national system for the issuance of permits under section 402 of the Act and includes any State or interstate program which has been approved by the Administrator, in whole or in part, pursuant to section 402 of the Act. (f) Detection limit means the minimum concentration of an analyte (substance) that can be measured and reported with a 99% confidence that the analyte concentration is distinguishable from the method blank results as determined by the procedure set forth at appendix B of this part. | |||||
| 40:40:25.0.1.1.1.0.1.3 | 40 | Protection of Environment | I | D | 136 | PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS | § 136.3 Identification of test procedures. | EPA | [38 FR 28758, Oct. 16, 1973] | (a) Parameters or pollutants, for which methods are approved, are listed together with test procedure descriptions and references in Tables IA, IB, IC, ID, IE, IF, IG, and IH of this section. The methods listed in Tables IA, IB, IC, ID, IE, IF, IG, and IH are incorporated by reference, see paragraph (b) of this section, with the exception of EPA Methods 200.7, 601-613, 624.1, 625.1, 1613, 1624, and 1625. The full texts of Methods 601-613, 624.1, 625.1, 1613, 1624, and 1625 are printed in appendix A of this part, and the full text of Method 200.7 is printed in appendix C of this part. The full text for determining the method detection limit when using the test procedures is given in appendix B of this part. In the event of a conflict between the reporting requirements of 40 CFR parts 122 and 125 and any reporting requirements associated with the methods listed in these tables, the provisions of 40 CFR parts 122 and 125 are controlling and will determine a permittee's reporting requirements. The full texts of the referenced test procedures are incorporated by reference into Tables IA, IB, IC, ID, IE, IF, IG, and IH. The date after the method number indicates the latest editorial change of the method. The discharge parameter values for which reports are required must be determined by one of the standard analytical test procedures incorporated by reference and described in Tables IA, IB, IC, ID, IE, IF, IG, and IH or by any alternate test procedure which has been approved by the Administrator under the provisions of paragraph (d) of this section and §§ 136.4 and 136.5. Under certain circumstances (paragraph (c) of this section, § 136.5(a) through (d) or 40 CFR 401.13,) other additional or alternate test procedures may be used. Table IA—List of Approved Biological Methods for Wastewater and Sewage Sludge Table IA notes: 1 The method must be specified when results are reported. 2 A 0.45-µm membrane filter (MF) or other pore size certified by the manufacturer to fully retain organisms to be cultivated and to be fr… | |||||
| 40:40:25.0.1.1.1.0.1.4 | 40 | Protection of Environment | I | D | 136 | PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS | § 136.4 Application for and approval of alternate test procedures for nationwide use. | EPA | [77 FR 29809, May 18, 2012, as amended at 82 FR 40874, Aug. 28, 2017] | (a) A written application for review of an alternate test procedure (alternate method) for nationwide use may be made by letter via email or by hard copy in triplicate to the National Alternate Test Procedure (ATP) Program Coordinator (National Coordinator), Office of Science and Technology (4303T), Office of Water, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Any application for an ATP under this paragraph (a) shall: (1) Provide the name and address of the responsible person or firm making the application. (2) Identify the pollutant(s) or parameter(s) for which nationwide approval of an alternate test procedure is being requested. (3) Provide a detailed description of the proposed alternate test procedure, together with references to published or other studies confirming the general applicability of the alternate test procedure for the analysis of the pollutant(s) or parameter(s) in wastewater discharges from representative and specified industrial or other categories. (4) Provide comparability data for the performance of the proposed alternative test procedure compared to the performance of the reference method. (b) The National Coordinator may request additional information and analyses from the applicant in order to evaluate whether the alternate test procedure satisfies the applicable requirements of this part. (c) Approval for nationwide use. (1) After a review of the application and any additional analyses requested from the applicant, the National Coordinator will notify the applicant, in writing, of whether the National Coordinator will recommend approval or disapproval of the alternate test procedure for nationwide use in CWA programs. If the application is not recommended for approval, the National Coordinator may specify what additional information might lead to a reconsideration of the application and notify the Regional Alternate Test Procedure Coordinators of the disapproval recommendation. Based on the National Coordinator's recommended disapprova… | |||||
| 40:40:25.0.1.1.1.0.1.5 | 40 | Protection of Environment | I | D | 136 | PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS | § 136.5 Approval of alternate test procedures for limited use. | EPA | [77 FR 29809, May 18, 2012, as amended at 82 FR 40875, Aug. 28, 2017] | (a) Any person may request the Regional ATP Coordinator to approve the use of an alternate test procedure in the Region. (b) When the request for the use of an alternate test procedure concerns use in a State with an NPDES permit program approved pursuant to section 402 of the Act, the requestor shall first submit an application for limited use to the Director of the State agency having responsibility for issuance of NPDES permits within such State ( i.e., permitting authority). The Director will forward the application to the Regional ATP Coordinator with a recommendation for or against approval. (c) Any application for approval of an alternate test procedure for limited use may be made by letter, email or by hard copy. The application shall include the following: (1) Provide the name and address of the applicant and the applicable ID number of the existing or pending permit(s) and issuing agency for which use of the alternate test procedure is requested, and the discharge serial number. (2) Identify the pollutant or parameter for which approval of an alternate test procedure is being requested. (3) Provide justification for using testing procedures other than those specified in Tables IA through IH of § 136.3, or in the NPDES permit. (4) Provide a detailed description of the proposed alternate test procedure, together with references to published studies of the applicability of the alternate test procedure to the effluents in question. (5) Provide comparability data for the performance of the proposed alternate test procedure compared to the performance of the reference method. (d) Approval for limited use. (1) The Regional ATP Coordinator will review the application and notify the applicant and the appropriate State agency of approval or rejection of the use of the alternate test procedure. The approval may be restricted to use only with respect to a specific discharge or facility (and its laboratory) or, at the discretion of the Regional ATP Coordinator, to all dischargers or facilities (and their … | |||||
| 40:40:25.0.1.1.1.0.1.6 | 40 | Protection of Environment | I | D | 136 | PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS | § 136.6 Method modifications and analytical requirements. | EPA | [77 FR 29810, May 18, 2012, as amended at 82 FR 40875, Aug. 28, 2017; 86 FR 27260, May 19, 2021] | (a) Definitions of terms used in this section —(1) Analyst means the person or laboratory using a test procedure (analytical method) in this part. (2) Chemistry of the method means the reagents and reactions used in a test procedure that allow determination of the analyte(s) of interest in an environmental sample. (3) Determinative technique means the way in which an analyte is identified and quantified (e.g., colorimetry, mass spectrometry). (4) Equivalent performance means that the modified method produces results that meet or exceed the QC acceptance criteria of the approved method. (5) Method-defined analyte means an analyte defined solely by the method used to determine the analyte. Such an analyte may be a physical parameter, a parameter that is not a specific chemical, or a parameter that may be comprised of a number of substances. Examples of such analytes include temperature, oil and grease, total suspended solids, total phenolics, turbidity, chemical oxygen demand, and biochemical oxygen demand. (6) QC means “quality control.” (b) Method modifications. (1) If the underlying chemistry and determinative technique in a modified method are essentially the same as an approved Part 136 method, then the modified method is an equivalent and acceptable alternative to the approved method provided the requirements of this section are met. However, those who develop or use a modification to an approved (Part 136) method must document that the performance of the modified method, in the matrix to which the modified method will be applied, is equivalent to the performance of the approved method. If such a demonstration cannot be made and documented, then the modified method is not an acceptable alternative to the approved method. Supporting documentation must, if applicable, include the routine initial demonstration of capability and ongoing QC including determination of precision and accuracy, detection limits, and matrix spike recoveries. Initial demonstration of capability typically includes an… | |||||
| 40:40:25.0.1.1.1.0.1.7 | 40 | Protection of Environment | I | D | 136 | PART 136—GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS | § 136.7 Quality assurance and quality control. | EPA | [77 FR 29813, May 18, 2012] | The permittee/laboratory shall use suitable QA/QC procedures when conducting compliance analyses with any part 136 chemical method or an alternative method specified by the permitting authority. These QA/QC procedures are generally included in the analytical method or may be part of the methods compendium for approved Part 136 methods from a consensus organization. For example, Standard Methods contains QA/QC procedures in the Part 1000 section of the Standard Methods Compendium. The permittee/laboratory shall follow these QA/QC procedures, as described in the method or methods compendium. If the method lacks QA/QC procedures, the permittee/laboratory has the following options to comply with the QA/QC requirements: (a) Refer to and follow the QA/QC published in the “equivalent” EPA method for that parameter that has such QA/QC procedures; (b) Refer to the appropriate QA/QC section(s) of an approved part 136 method from a consensus organization compendium; (c)(1) Incorporate the following twelve quality control elements, where applicable, into the laboratory's documented standard operating procedure (SOP) for performing compliance analyses when using an approved part 136 method when the method lacks such QA/QC procedures. One or more of the twelve QC elements may not apply to a given method and may be omitted if a written rationale is provided indicating why the element(s) is/are inappropriate for a specific method. (i) Demonstration of Capability (DOC); (ii) Method Detection Limit (MDL); (iii) Laboratory reagent blank (LRB), also referred to as method blank (MB); (iv) Laboratory fortified blank (LFB), also referred to as a spiked blank, or laboratory control sample (LCS); (v) Matrix spike (MS) and matrix spike duplicate (MSD), or laboratory fortified matrix (LFM) and LFM duplicate, may be used for suspected matrix interference problems to assess precision; (vi) Internal standards (for GC/MS analyses), surrogate standards (for organic analysis) or tracers (for radiochemistry); (vii) Calibration (initial … | |||||
| 46:46:4.0.1.6.39.1.45.1 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.100 Purpose. | USCG | This part sets out the applicability for this subchapter and describes the requirements for obtaining and renewing a Certificate of Inspection (COI). | ||||
| 46:46:4.0.1.6.39.1.45.10 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.180 Appeals. | USCG | Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal in accordance with 46 CFR 1.03. | ||||
| 46:46:4.0.1.6.39.1.45.2 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.105 Applicability. | USCG | (a) This subchapter is applicable to all U.S.-flag towing vessels as defined in § 136.110 engaged in pushing, pulling, or hauling alongside, except— (1) A vessel less than 26 feet (7.92 meters) in length measured from end to end over the deck (excluding the sheer), unless that vessel is pushing, pulling, or hauling a barge that is carrying oil or hazardous material in bulk; (2) A vessel engaged in one or more of the following: (i) Assistance towing as defined in § 136.110; (ii) Towing recreational vessels for salvage; or (iii) Transporting or assisting the navigation of recreational vessels within and between marinas and marina facilities, within a limited geographic area, as determined by the local Captain of the Port (COTP); (3) A workboat operating exclusively within a worksite and performing intermittent towing within the worksite; (4) A seagoing towing vessel of 300 gross tons or more subject to the provisions of subchapter I of this chapter; (5) A vessel inspected under other subchapters of this chapter that may perform occasional towing; (6) A public vessel as defined in 46 U.S.C. 2101; (7) A vessel that has surrendered its COI and is laid up, dismantled, or otherwise out of service; and (8) A propulsion unit used for the purpose of propelling or controlling the direction of a barge where the unit is controlled from the barge, is not normally manned, and is not utilized as an independent vessel. (b) [Reserved] | ||||
| 46:46:4.0.1.6.39.1.45.3 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.110 Definitions. | USCG | As used in this subchapter: ABS Rules means the standards developed and published by the American Bureau of Shipping regarding the design, construction and certification of commercial vessels. Accommodation space means any: (1) Messroom; (2) Lounge; (3) Sitting area; (4) Recreation room; (5) Quarters; (6) Toilet space; (7) Shower room; (8) Galley; (9) Berthing space; (10) Clothing-changing room; or (11) A similar space open to individuals. Anniversary date means the day and the month of each year that corresponds to the date of expiration on the COI or Towing Safety Management System (TSMS) Certificate. Approval series means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of 46 CFR chapter I, subchapter Q, the approval series corresponds to the number of the subpart. A list of approved equipment, including all of the approval series, is available at http://cgmix.uscg.mil/Equipment/EquipmentSearch.aspx . Assistance towing means towing a disabled vessel for consideration as defined in 46 U.S.C. 2101. Audit means a systematic, independent, and documented examination to determine whether activities and related results comply with a vessel's TSMS, or with another applicable Safety Management System (SMS), and whether these planned arrangements are implemented suitably to achieve stated objectives. This examination includes a thorough review of appropriate reports, documents, records, and other objective evidence to verify compliance with applicable requirements. (1) The audit may include, but is not limited to: (i) Examining records; (ii) Asking responsible persons how they accomplish their assigned duties; (iii) Observing persons performing specific tasks within their assigned duties; (iv) Examining equipment to ensure proper maintenance and operation; and (v) Checking training records and work environments. (2) The audit may be limited to the random selection of a representative sampling throughout the system that… | ||||
| 46:46:4.0.1.6.39.1.45.4 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.112 Incorporation by reference. | USCG | [81 FR 40101, June 20, 2016, as amended by USCG-2017-1060, 83 FR 8180, Feb. 26, 2018] | (a) Certain material is incorporated by reference into this subchapter with the approval of the Director of the Federal Register under 5 U.S.C 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html . (b) American Boat and Yacht Council (ABYC), 613 Third Street, Suite 10, Annapolis, MD 21403, 410-990-4460, http://www.abycinc.org/ . (1) E-11 (2003)—AC and DC Electrical Systems on Boats, dated July 2003, IBR approved for § 143.520(a) of this subchapter. (2) H-2 (2000)—Ventilation of Boats Using Gasoline, dated July 2000, IBR approved for § 143.520(a) of this subchapter. (3) H-22 (2005)—Electric Bilge Pump Systems, dated July 2005, IBR approved for § 143.520(a) of this subchapter. (4) H-24 (2007)—Gasoline Fuel Systems, dated July 2007, IBR approved for § 143.520(a) of this subchapter. (5) H-25 (2003)—Portable Gasoline Fuel Systems, reaffirmed July 2003, IBR approved for §§ 143.265(b) and 143.520(a) of this subchapter. (6) H-32 (2004)—Ventilation of Boats Using Diesel Fuel, dated July 2004, IBR approved for § 143.520(a) of this subchapter. (7) H-33 (2005)—Diesel Fuel Systems, dated July 2005, IBR approved for §§ 143.265(e) and 143.520(a) of this subchapter. (8) P-1 (2002)—Installation of Exhaust Systems for Propulsion and Auxiliary Engines, dated July 2002, IBR approved for §§ 143.520(a) and 144.415 of this subchapter. (9) P-4 (2004)—Mari… | |||
| 46:46:4.0.1.6.39.1.45.5 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.115 Equivalents. | USCG | (a) The Coast Guard may approve any arrangement, fitting, appliance, apparatus, equipment, calculation, information, or test that provides a level of safety equivalent to that established by any specific provision of this subchapter. Submit requests for approval to the Coast Guard via the cognizant OCMI. The Marine Safety Center may require engineering evaluations and tests to verify the equivalence. (b) The Coast Guard may accept compliance with the provisions of SOLAS applicable to the vessel's size and route (incorporated by reference, see § 136.112), as an equivalent to specific requirements of this subchapter. Submit requests for a determination of equivalency for a particular vessel to the Coast Guard via the cognizant OCMI. (c) Alternative compliance arrangement provisions related to SMSs are contained in § 138.225 of this subchapter. (d) Alternate compliance arrangements must be documented within the TSMS applicable to the vessel. | ||||
| 46:46:4.0.1.6.39.1.45.6 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.120 Special consideration. | USCG | Based on a review of relevant information and on the TSMS applicable to the vessel, the cognizant OCMI who issues the COI may give special consideration to authorizing departures from specific requirements, when unusual circumstances or arrangements warrant such departures and when an equivalent level of safety is provided. | ||||
| 46:46:4.0.1.6.39.1.45.7 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.130 Options for documenting compliance to obtain a Certificate of Inspection. | USCG | (a) There are two options for documenting compliance with the requirements in this subchapter to obtain a COI: (1) The Coast Guard option, in which all inspections of the towing vessel are conducted by the Coast Guard, as discussed in § 136.210 and parts 137 and 140 through 144 of this subchapter; or (2) The TSMS option, as discussed in § 136.210, and in parts 137 through 144 of this subchapter. (b) Regardless of the option chosen, the Coast Guard is responsible for issuing a towing vessel COI, and may board a vessel at any time to verify compliance and take appropriate action. (c) An owner or managing operator choosing the Coast Guard option may use a management system, vessel operations manual, towing vessel record (TVR), or logbook to meet this subchapter's recordkeeping requirements. (d) When submitting an application for inspection, the owner or managing operator must specify on the application which option he or she chooses for each particular towing vessel. Owners or managing operators may choose different options for the individual vessels within their fleets. (e) Requests to change options during the period of validity of an existing COI must be accompanied by an application to the OCMI for a new COI. If the requirements for the new option are met, the OCMI will issue the vessel a new COI. | ||||
| 46:46:4.0.1.6.39.1.45.8 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.172 Temporary compliance for existing towing vessels. | USCG | An existing towing vessel subject to this subchapter will remain subject to Coast Guard regulations applicable to the vessel on July 19, 2016 until either July 20, 2018 or the date the vessel obtains a COI, whichever date is earlier. | ||||
| 46:46:4.0.1.6.39.1.45.9 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | A | Subpart A—General | § 136.175 Approved equipment. | USCG | Where equipment in this subchapter is required to be of an approved type, such equipment requires the specific approval of the Coast Guard. A list of approved equipment and materials may be found online at http://cgmix.uscg.mil/Equipment/EquipmentSearch.aspx . Any OCMI may be contacted for information concerning approved equipment and materials. | ||||
| 46:46:4.0.1.6.39.2.45.1 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.200 Certificate required. | USCG | (a) A towing vessel may not be operated without having onboard a valid COI issued by the Coast Guard as required by § 136.202. (b) Each towing vessel certificated under the provisions of this subchapter must be in full compliance with the terms of the COI. (c) If necessary to prevent the delay of the vessel, the Coast Guard may issue a temporary COI to a towing vessel, pending the issuance and delivery of the permanent COI. The temporary COI must be carried in the same manner as the regular COI and is equivalent to the permanent COI that it represents. (d) A towing vessel on a foreign voyage between a port in the United States and a port in a foreign country whose COI expires during the voyage may lawfully complete the voyage without a valid COI, provided the voyage is completed within 30 days of expiration, and provided that the COI did not expire within 15 days of sailing on the foreign voyage from a U.S. port. | ||||
| 46:46:4.0.1.6.39.2.45.10 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.240 Permit to proceed. | USCG | Permission to proceed to another port for repairs (Form CG-948) may be required for a towing vessel that is no longer in compliance with its COI. This permission may be necessary in certain situations, including damage to the vessel, failure of an essential system, or failure to comply with a regulation, including failure to comply with the TSMS requirements, if appropriate. (a) What a vessel with a TSMS must do before proceeding to another port for repairs. A vessel with a TSMS may proceed to another port for repair, if: (1) In the judgment of the owner, managing operator, or master, the trip can be completed safely; (2) The TSMS addresses the condition of the vessel that has resulted in non-compliance and the necessary conditions under which the vessel may safely proceed to another port for repair; (3) The vessel proceeds as provided in the TSMS and does not tow while proceeding, unless the owner or managing operator determines that it is safe to do so; and (4) The owner or managing operator notifies the cognizant OCMI in whose zone the non-compliance occurred or is discovered, before the vessel proceeds. The owner or operator must also notify the cognizant OCMI in any other OCMI zones through which the vessel will transit. (b) What another vessel must do before proceeding to another port for repairs. If a vessel does not have a TSMS, or a vessel has one but it does not address the condition of the vessel that has resulted in non-compliance or the necessary conditions under which the vessel may safely proceed to another port for repair, the owner, managing operator, or master must request permission to proceed from the cognizant OCMI in whose zone the non-compliance occurs or is discovered. This permission operates as follows: (1) The request for permission to proceed may be made electronically, in writing, or orally. The cognizant OCMI may require a written description, a damage survey, or other documentation to assist in determining the nature and seriousness of the non-compliance. (2) The vessel … | ||||
| 46:46:4.0.1.6.39.2.45.11 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.245 Permit to carry an excursion party or temporary extension or alteration of route. | USCG | (a) A towing vessel must obtain approval to engage in an excursion prior to carrying a greater number of persons than permitted by the COI, or to temporarily extend or alter its area of operation. (b) For a vessel utilizing the TSMS option, the vessel may engage in an excursion, if: (1) In the opinion of the owner, managing operator, or master the operation can be undertaken safely; (2) The TSMS addresses the temporary excursion operation contemplated; the necessary conditions under which the vessel may safely conduct the operation, including the number of persons the vessel may carry; the crew required; and any additional lifesaving or safety equipment required; (3) The vessel proceeds as provided in the TSMS; and (4) The owner, managing operator, or master notifies the cognizant OCMI at least 48 hours prior to the temporary excursion operation. The cognizant OCMI may require submission of pertinent provisions of the TSMS applicable to the vessel for review and onboard verification of compliance. If the cognizant OCMI has reasonable cause to believe that the TSMS applicable to the vessel is insufficient for the intended excursion, additional information may be requested and/or additional requirements may be imposed. (c) If the towing vessel is not under a TSMS, or the TSMS applicable to the vessel does not address the temporary excursion operation: (1) The owner or managing operator must submit an application to the cognizant OCMI. The application must state the intended route, number of passengers or guests, and any other conditions applicable to the excursion that exceed those specified in its COI. (2) The cognizant OCMI may issue the permit either on Form CG-949, “Permit To Carry Excursion Party,” or in letter form. The cognizant OCMI will indicate on the permit the conditions under which it is issued, the number of persons the vessel may carry, the crew required, any additional lifesaving or safety equipment required, the route for which the permit is granted, and the dates on which the permit is val… | ||||
| 46:46:4.0.1.6.39.2.45.12 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.250 Load lines. | USCG | Vessels described in Table 136.250 of this section that operate on the Great Lakes or outside the Boundary Lines, as set forth in 46 CFR part 7, are subject to load line requirements in subchapter E of this chapter in the following circumstances: Table 136.250 | ||||
| 46:46:4.0.1.6.39.2.45.2 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.202 Certificate of Inspection phase-in period. | USCG | (a) All owners or managing operators of more than one existing towing vessel required to have a COI by this subchapter must ensure that each existing towing vessel under their ownership or control is issued a valid COI according to the following schedule: (1) By July 22, 2019, at least 25 percent of the towing vessels must have valid COIs on board; (2) By July 20, 2020, at least 50 percent of the towing vessels must have valid COIs on board; (3) By July 19, 2021, at least 75 percent of the towing vessels must have valid COIs on board; and (4) By July 19, 2022, 100 percent of the towing vessels must have valid COIs on board. (b) All owners or managing operators of only one existing towing vessel required to have a COI by this subchapter must ensure the vessel has an onboard, valid COI by July 20, 2020. (c) A new towing vessel must obtain a COI before it enters into service. | ||||
| 46:46:4.0.1.6.39.2.45.3 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.205 Description. | USCG | A towing vessel's COI describes the vessel, routes that it may travel, minimum manning requirements and total persons allowed onboard, safety equipment and appliances required to be onboard, horsepower, and other information pertinent to the vessel's operations as determined by the OCMI. | ||||
| 46:46:4.0.1.6.39.2.45.4 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.210 Obtaining or renewing a COI. | USCG | Owners and managing operators must submit Form CG-3752, “Application for Inspection of U.S. Vessel,” to the cognizant OCMI where the inspection will take place. The owner or managing operator must submit the application at least 30 days before the vessel will undergo the initial inspection for certification. The owner or managing operator must schedule an inspection for this initial certification with the cognizant OCMI at least 3 months before the vessel is to undergo the inspection for certification. (a) In addition to Form CG-3752, the owner or managing operator must submit: (1) For initial certification: (i) Vessel particular information; and (ii) Number of persons in addition to the crew, if requested; or (2) For a renewal of certification: (i) Any changes to the information in paragraph (a)(1) of this section; and (ii) A description of any modifications to the vessel. (b) In addition to Form CG-3752 and the requirements of paragraph (a) of this section, the owner or managing operator of vessels utilizing the TSMS option must submit: (1) Objective evidence that the owner or managing operator and the vessel are in compliance with the TSMS requirements in part 138 of this subchapter; and (2) Objective evidence that the vessel's structure, stability, and essential systems comply with the applicable requirements of this subchapter for the intended route and service. This objective evidence may be in the form of a survey report issued by a TPO or another form acceptable to the Coast Guard. | ||||
| 46:46:4.0.1.6.39.2.45.5 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.212 Inspection for certification. | USCG | (a) Frequency of inspections. After a towing vessel receives its initial COI, the OCMI will inspect a towing vessel subject to this subchapter located in his or her jurisdiction at least once every 5 years. The OCMI must ensure that every towing vessel is of a structure suitable for its intended route. If the OCMI deems it necessary, he or she may direct the vessel to get underway, and may adopt any other suitable means to test the towing vessel and its equipment. (b) Nature of inspection. The inspection will ensure that the vessel is in satisfactory condition and fit for the service for which it is intended, and that it complies with the applicable statutes and regulations for such vessels. The inspection will include inspections of the structure, pressure vessels and their appurtenances, piping, main and auxiliary machinery, electrical installations, lifesaving appliances, fire detecting and extinguishing equipment, pilot boarding equipment, and other equipment. The inspection will also determine that the vessel is in possession of any valid certificates or licenses issued by the Federal Communications Commission, if required. The inspection will also include an examination of the vessel's lights, means of making sound signals and distress signals, and pollution prevention systems and procedures. (c) Time of issuance of COI. The OCMI will issue a vessel a new COI after the vessel successfully completes the inspection for certification. | ||||
| 46:46:4.0.1.6.39.2.45.6 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.215 Period of validity. | USCG | (a) A COI for a towing vessel is valid for 5 years from the date of issue. (b) For a towing vessel utilizing the TSMS option, the COI is invalid upon the expiration or revocation of the owner or managing operator TSMS certificate or the ISM Code Certificate. (c) A COI may be suspended and withdrawn or revoked by the cognizant Officer in Charge, Marine Inspection at any time for noncompliance with the requirements of this subchapter. | ||||
| 46:46:4.0.1.6.39.2.45.7 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.220 Posting. | USCG | (a) The original COI must be framed under glass or other transparent material and posted in a conspicuous place onboard the towing vessel. (b) If posting is impracticable, the COI must be kept on board in a weathertight container and must be readily available. | ||||
| 46:46:4.0.1.6.39.2.45.8 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.230 Routes permitted. | USCG | (a) The area of operation for each towing vessel and any necessary operational limits are determined by the cognizant OCMI and recorded on the vessel's COI. Each area of operation, referred to as a route, is described on the COI under the major headings “Oceans,” “Coastwise,” “Limited Coastwise,” “Great Lakes,” “Lakes, Bays, and Sounds,” or “Rivers,” as applicable. Additional limitations imposed or extensions granted are described by reference to bodies of waters, geographical points, distances from geographical points, distances from land, depths of channel, seasonal limitations, and similar factors. (b) Operation of a towing vessel on a route of lesser severity than those specifically described or designated on the COI is permitted, unless the route is expressly prohibited on the COI. The general order of decreasing severity of routes is: Oceans; coastwise; limited coastwise; Great Lakes; lakes, bays, and sounds; and rivers. The cognizant OCMI may prohibit a vessel from operating on a route of lesser severity than the primary route on which a vessel is authorized to operate, if local conditions necessitate such a restriction. (c) When designating a permitted route or imposing any operational limits on a towing vessel, the cognizant OCMI may consider: (1) The route-specific requirements of this subchapter; (2) The performance capabilities of the vessel based on design, scantlings, stability, subdivision, propulsion, speed, operating modes, maneuverability, and other characteristics; (3) The suitability of the vessel for nighttime operations and use in all weather conditions; (4) Vessel operations in globally remote areas or severe environments not covered by this subchapter. Such areas may include, but are not limited to, polar regions, remote islands, areas of extreme weather, or other remote areas where timely emergency assistance cannot be anticipated; and (5) The TSMS applicable to the vessel, if the vessel has one. | ||||
| 46:46:4.0.1.6.39.2.45.9 | 46 | Shipping | I | M | 136 | PART 136—CERTIFICATION | B | Subpart B—Certificate of Inspection | § 136.235 Certificate of Inspection amendment. | USCG | (a) An amended COI may be issued at any time by the cognizant OCMI. The amended COI replaces the original, but the expiration date remains the same as that of the original. An amended COI may be issued to authorize and record a change in the dimensions, gross tonnage, owner, managing operator, manning, persons permitted, route permitted, conditions of operations, or equipment of a towing vessel, from that specified in the current COI. (b) The owner or managing operator of the towing vessel must make a request for an amended COI to the cognizant OCMI any time there is a change in the character of the vessel or in its route, equipment, ownership, operation, or similar factors specified in its current COI. The OCMI may need to conduct an inspection before issuing an amended COI. (c) For those vessels selecting the TSMS option, the owner or managing operator of the towing vessel must provide to the OCMI objective evidence of compliance with the requirements in this subchapter prior to the issuance of an amended COI. The evidence must: (1) Be from a TPO and prepared in accordance with parts 138 and 139 of this subchapter; and (2) Consider the change in the character of a vessel or in its route, equipment, ownership, operation, or similar factors specified in the vessel's current COI. |
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full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);