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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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| 10:10:2.0.1.1.21.1.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.1 Purpose. | NRC | [57 FR 18394, Apr. 30, 1992] | The regulations in this part are issued to provide appropriate procedures and requirements for determining: (a) The financial protection required of licensees and for the indemnification and limitation of liability of certain licensees and other persons pursuant to section 170 of the Atomic Energy Act of 1954, as amended; and (b) The liability insurance required of uranium enrichment facility licensees pursuant to section 193 of the Atomic Energy Act of 1954, as amended. | ||||
| 10:10:2.0.1.1.21.1.134.10 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.9a Information collection requirements: OMB approval. | NRC | [62 FR 52190, Oct. 6, 1997, as amended at 85 FR 65664, Oct. 16, 2020] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0039. (b) The approved information collection requirements contained in this part appear in §§ 140.6, 140.7, 140.8, 140.13, 140.13a, 140.13b, 140.15, 140.17, 140.20, and 140.21. | ||||
| 10:10:2.0.1.1.21.1.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.2 Scope. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 33 FR 15998, Oct. 31, 1968; 42 FR 48, Jan. 3, 1977; 56 FR 64980, Dec. 13, 1991; 57 FR 18394, Apr. 30, 1992; 72 FR 49564, Aug. 28, 2007; 83 FR 30288, June 28, 2018] | (a) The regulations in this part apply: (1) To each person who is an applicant for or holder of a license issued under 10 CFR parts 50, 52, or 54 to operate a nuclear reactor, and (2) With respect to an extraordinary nuclear occurrence, to each person who is an applicant for or holder of a license to operate a production facility or a utilization facility (including an operating license issued under part 50 of this chapter and a combined license under part 52 of this chapter), and to other persons indemnified with respect to the involved facilities. (3) To each person licensed pursuant to part 70 of this chapter to possess and use plutonium in a plutonium processing and fuel fabrication plant. (4) To each person licensed pursuant to parts 40 and 70 of this chapter to construct and operate a uranium enrichment facility. (b)(1) Subpart B of this part does not apply to any person subject to subparts C or D of this part. Subpart C of this part applies only to persons found by the Commission to be Federal agencies. Subpart D of this part applies only to persons found by the Commission to be nonprofit educational institutions with respect to licenses and applications for licenses for the conduct of educational activities. (2) Any applicant or licensee subject to this part may apply for a finding that such applicant or licensee is subject to the provisions of subparts C or D of this part. The application should state the grounds for the requested finding. Any application for a finding pursuant to this paragraph may be included in an application for a license. (c) Subpart E of this part sets forth the procedures the Commission will follow and the criteria the Commission will apply in making a determination as to whether or not there has been an extraordinary nuclear occurrence. The form of nuclear energy liability policy for facilities (appendix A) and the forms of indemnity agreements with licensees (appendices B, C, D, and E) include provisions requiring the waiver of certain defenses with respect to an extraord… | ||||
| 10:10:2.0.1.1.21.1.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.3 Definitions. | NRC | [83 FR 30288, June 28, 2018, as amended at 89 FR 106253, Dec. 30, 2024] | As used in this part: Act means the Atomic Energy Act of 1954 (68 Stat. 919) including any amendments thereto. Commission means the Nuclear Regulatory Commission or its duly authorized representatives. Department means the Department of Energy established by the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565, 42 U.S.C. 7101 et seq. ), to the extent that the Department, or its duly authorized representatives, exercises functions formerly vested in the U.S. Atomic Energy Commission, its Chairman, members, officers and components and transferred to the U.S. Energy Research and Development Administration and to the Administrator thereof pursuant to sections 104 (b), (c) and (d) of the Energy Reorganization Act of 1974 (Pub. L. 93-438, 88 Stat. 1233 at 1237, 42 U.S.C. 5814) and retransferred to the Secretary of Energy pursuant to section 301(a) of the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565 at 577-578, 42 U.S.C. 7151). Federal agency means a Government agency such that any liability in tort based on the activities of such agency would be satisfied by funds appropriated by the Congress and paid out of the United States Treasury. Financial protection means the ability to respond in damages for public liability and to meet the cost of investigating and defending claims and settling suits for such damages. Government agency means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government. Nuclear reactor means any apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction. Person means: (1) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other tha… | ||||
| 10:10:2.0.1.1.21.1.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.4 Interpretations. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 90 FR 55634, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretations of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:2.0.1.1.21.1.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.5 Communications. | NRC | [73 FR 5726, Jan. 31, 2008, as amended at 74 FR 62686, Dec. 1, 2009; 79 FR 75742, Dec. 19, 2014; 80 FR 74982, Dec. 1, 2015; 84 FR 65646, Nov. 29, 2019] | Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed to: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. | ||||
| 10:10:2.0.1.1.21.1.134.6 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.6 Reports. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 41 FR 16447, Apr. 19, 1976; 42 FR 49, Jan. 3, 1977; 68 FR 58824, Oct. 10, 2003; 73 FR 5726, Jan. 31, 2008; 79 FR 75742, Dec. 19, 2014; 84 FR 65646, Nov. 29, 2019] | (a) In the event of bodily injury or property damage arising out of or in connection with the possession or use of the radioactive material at the location or in the course of transportation, or in the event any claim is made therefor, written notice containing particulars sufficient to identify the licensee and reasonably obtainable information with respect to the time, place, and circumstances thereof, or to the nature of the claim, shall be furnished by or for the licensee to the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, using an appropriate method listed in § 140.5, but in any case as promptly as practicable. The terms the radioactive material, the location, and in the course of transportation as used in this section shall have the meanings defined in the applicable indemnity agreement between the licensee and the Commission. (b) The Commission may require any person subject to this part to keep such records and furnish such reports to the Commission as the Commission deems necessary for the administration of the regulations in this part. | ||||
| 10:10:2.0.1.1.21.1.134.7 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.7 Fees. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 42 FR 49, Jan. 3, 1977; 63 FR 31851, June 10, 1998; 89 FR 51811, June 20, 2024] | (a)(1) Each reactor licensee shall pay a fee to the Commission based on the following schedule: (i) For indemnification from $500 million to $400 million inclusive, a fee of $30 per year per thousand kilowatts of thermal capacity authorized in the license; (ii) For indemnification from $399 million to $300 million inclusive, a fee of $24 per year per thousand kilowatts of thermal capacity authorized in the license; (iii) For indemnification from $299 million to $200 million inclusive, a fee of $18 per year per thousand kilowatts of thermal capacity authorized in the license; (iv) For indemnification from $199 million to $100 million inclusive, a fee of $12 per year per thousand kilowatts of thermal capacity authorized in the license; and (v) For indemnification from $99 million to $1 million inclusive, a fee of $6 per year per thousand kilowatts of thermal capacity authorized in the license. (2) No fee will be less than $100 per annum for any nuclear reactor. This fee is for the period beginning with the date on which the applicable indemnity agreement is effective. The various levels of indemnity fees are set forth in the schedule in this paragraph. The amount of indemnification for determining indemnity fees will be computed by subtracting from the statutory limit of liability the amount of financial protection required of the licensee. In the case of licensees subject to the provision of § 140.11(a)(4), this total amount will be the amount, as determined by the Commission, of the financial protection available to licensees at the close of the calendar year preceding the one in which the fee becomes due. For those instances in which a certified financial statement is provided as a guarantee of payment of deferred premiums in accordance with § 140.21(e), a fee of $1,000 or the indemnity fee, whichever is greater, is required. (b) Where a licensee manufactures a number of nuclear reactors each having a power level not exceeding 3 1/3 megawatts, for sale to others and operates them at the licensee's locat… | ||||
| 10:10:2.0.1.1.21.1.134.8 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.8 Specific exemptions. | NRC | [34 FR 19546, Dec. 11, 1969] | The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and are otherwise in the public interest. | ||||
| 10:10:2.0.1.1.21.1.134.9 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.9 Modification of indemnity agreements. | NRC | [48 FR 1030, Jan. 10, 1983] | The Commission will publish in the Federal Register a notice of its intent to enter into an indemnity agreement, or agreement amending an indemnity agreement, which contains provisions different from the form of the applicable indemnity agreement set forth in the appendices to this part, as such appendices may be amended from time to time. | ||||
| 10:10:2.0.1.1.21.2.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.10 Scope. | NRC | [72 FR 49564, Aug. 28, 2007] | This subpart applies to each person who is an applicant for or holder of a license issued under 10 CFR parts 50 or 54 to operate a nuclear reactor, or is the applicant for or holder of a combined license issued under parts 52 or 54 of this chapter, except licenses held by persons found by the Commission to be Federal agencies or nonprofit educational institutions licensed to conduct educational activities. This subpart also applies to persons licensed to possess and use plutonium in a plutonium processing and fuel fabrication plant. | ||||
| 10:10:2.0.1.1.21.2.134.10 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.17 Special provisions applicable to licensees furnishing financial protection in whole or in part in the form of liability insurance. | NRC | In any case where a licensee undertakes to maintain financial protection in the form of liability insurance for all or part of the financial protection required by this part, (a) The Commission may require proof that the organization or organizations which have issued such policies are legally authorized to issue them and do business in the United States and have clear ability to meet their obligations; and (b) At least 30 days prior to the termination of any such policy, the licensee shall notify the Commission of the renewal of such policy or shall file other proof of financial protection. | |||||
| 10:10:2.0.1.1.21.2.134.11 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.18 Special provisions applicable to licensees furnishing financial protection in whole or in part in the form of adequate resources. | NRC | [42 FR 43385, Aug. 29, 1977] | In any case where a licensee undertakes to maintain financial protection in the form specified in § 140.14(a)(2) for all or part of the financial protection required by this part, the Commission may require such licensee to file with the Commission such financial information as the Commission determines to be appropriate for the purpose of determining whether the licensee is maintaining financial protection as required by this part. | ||||
| 10:10:2.0.1.1.21.2.134.12 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.19 Failure by licensees to maintain financial protection. | NRC | In any case where the Commission finds that the financial protection maintained by a licensee is not adequate to meet the requirements of this part, the Commission may suspend or revoke the license or may issue such order with respect to licensed activities as the Commission determines to be appropriate or necessary in order to carry out the provisions of this part and of section 170 of the Act. | |||||
| 10:10:2.0.1.1.21.2.134.13 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.20 Indemnity agreements and liens. | NRC | [42 FR 49, Jan. 3, 1977, as amended at 72 FR 49565, Aug. 28, 2007] | (a) The Commission will execute and issue agreements of indemnity pursuant to the regulations in this part or such other regulations as may be issued by the Commission. Such agreements, as to any licensee, shall be effective on: (1)(i) The effective date of the license (issued pursuant to part 50 of this chapter) authorizing the licensee to operate the nuclear reactor involved; or (ii) The date that the Commission makes the finding under § 52.103(g) of this chapter; or (iii) The effective date of the license (issued under part 70 of this chapter) authorizing the licensee to possess and store special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of an operating license for the reactor, whichever is earlier. No such agreement, however, shall be effective prior to September 26, 1957; or (2) August 1, 1977 or the effective date of the license (issued pursuant to part 70 of this chapter) authorizing the licensee to possess and use plutonium at the site of the plutonium processing and fuel fabrication plant for processing in that plant, whichever date is later. (b) If the licensee fails to pay assessed deferred premiums, the Commission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums from the licensee. (c) The Commission shall require the immediate submission of financial statements by those licensees who indicate, after an assessment of the retrospective premium by the insurance pools, that they will not pay the assessment. Such financial statements shall include, as a minimum, exhibits indicating internally generated funds from operations and accumulated retained earnings. Subsequent submission of financial statements by such licensees may be requested by the Commission, as required. (d) If premiums are paid by the Commission as provided in paragraph (b) of this section, payment by the Commission shall create a lien in the amount paid in favor of the United States upon all prope… | ||||
| 10:10:2.0.1.1.21.2.134.14 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.21 Licensee guarantees of payment of deferred premiums. | NRC | [42 FR 50, Jan. 3, 1977, as amended at 71 FR 15012, Mar. 27, 2006; 74 FR 62686, Dec. 1, 2009; 79 FR 38769, July 9, 2014] | Each licensee required to have and maintain financial protection for each nuclear reactor as determined in § 140.11(a)(4) shall at the issuance of the license and annually, on the anniversary of the date on which the indemnity agreement is effective, provide evidence to the Commission that it maintains one of the following types of guarantee of payment of deferred premium in the amount specified in § 140.11(a)(4) for each reactor it is licensed to operate: (a) Surety bond, (b) Letter of credit, (c) Revolving credit/term loan arrangement, (d) Maintenance of escrow deposits of government securities, (e) Annual certified financial statement showing either that a cash flow ( i.e. , cash available to a company after all operating expenses, taxes, interest charges, and dividends have been paid) can be generated and would be available for payment of retrospective premiums within three (3) months after submission of the statement, or a cash reserve or a combination of cash flow and cash reserve, or (f) Such other type of guarantee as may be approved by the Commission. | ||||
| 10:10:2.0.1.1.21.2.134.15 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.22 Commission guarantee and reimbursement agreements. | NRC | [42 FR 50, Jan. 3, 1977, as amended at 83 FR 30289, June 28, 2018] | Each licensee required to have and maintain financial protection for each nuclear reactor as determined in § 140.11(a)(4) shall execute an indemnity agreement with the Commission that provides for the payment by the Commission of deferred premiums not paid by the licensee and reimbursement of the Commission by the licensee. The general forms of agreement to be entered into by the Commission and licensees are set forth in § 140.92, appendix B and § 140.93, appendix C. | ||||
| 10:10:2.0.1.1.21.2.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.11 Amounts of financial protection for certain reactors. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 89 FR 106253, Dec. 30, 2024] | (a) Each licensee is required to have and maintain financial protection: (1) In the amount of $1,000,000 for each nuclear reactor he is authorized to operate at a thermal power level not exceeding ten kilowatts; (2) In the amount of $1,500,000 for each nuclear reactor he is authorized to operate at a thermal power level in excess of ten kilowatts but not in excess of one megawatt; (3) In the amount of $2,500,000 for each nuclear reactor other than a testing facility or a reactor licensed under section 104b of the Act which he is authorized to operate at a thermal power level exceeding one megawatt but not in excess of ten megawatts; and (4) In an amount equal to the sum of $500,000,000 and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan providing for deferred premium charges equal to the pro rata share of the aggregate public liability claims and costs, excluding costs payment of which is not authorized by section 170o.(1)(D) of the Act, in excess of that covered by primary financial protection) for each nuclear reactor which is licensed to operate and which is designed for the production of electrical energy and has a rated capacity of 100,000 electrical kilowatts or more: Provided, however, that under such a plan for deferred premium charges for each nuclear reactor that is licensed to operate, no more than $158,026,000 with respect to any nuclear incident (plus any surcharge assessed under subsection 170o.(1)(E) of the Act) and no more than $24,714,000 per incident within one calendar year shall be charged. Except that, where a person is authorized to operate a combination of 2 or more nuclear reactors located at a single site, each of which has a rated capacity of 100,000 or more electrical kilowatts but not more than 300,000 electrical kilowatts with a combined rated capacity of not more than 1,300,000 electrical kilowatts, each such combination of reactors shall be considered to be a single nuclear… | ||||
| 10:10:2.0.1.1.21.2.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.12 Amount of financial protection required for other reactors. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 26 FR 1397, Feb. 17, 1961; 32 FR 8125, June 7, 1967; 72 FR 49565, Aug. 28, 2007] | (a) Each licensee is required to have and maintain financial protection for each nuclear reactor for which the amount of financial protection is not determined in § 140.11, in an amount determined pursuant to the formula and other provisions of this section: Provided, That in no event shall the amount of financial protection required for any nuclear reactor under this section be less than $4,500,000 or more than $74,000,000. (b)(1) The formula is: x = B times P (2) In the formula: x = Amount of financial protection in dollars. B = Base amount of financial protection. P = Population factor. x = Amount of financial protection in dollars. B = Base amount of financial protection. P = Population factor. (3) The base amount of financial protection is equal to $185 times the maximum power level, expressed in thermal kilowatts, as authorized by the applicable license. (4) The population factor (P) shall be determined as follows: (i) Step 1. The area to be considered includes all minor civil divisions (as shown in the 1950 Census of Population, Bureau of the Census, or later data available from the Bureau) which are wholly or partly within a circle with the facility at its center and having a radius in miles equal to the square root of the maximum authorized power level in thermal megawatts. (ii) Step 2. Identify all minor civil divisions according to the same census which are in whole or in part within the circle determined in Step 1. Determine the population of each such minor civil division (according to the same census or later data available from the Bureau of the Census). For each minor civil division, divide its population by the square of the estimated distance to the nearest mile from the reactor to the geographic center of the minor civil division: Provided, That no such distance shall be deemed to be less than one mile. If the sum of the quotients thus obtained for all minor civil divisions wholly or partly within the circle is 1,000 or less, the population factor is 1. If the sum of … | ||||
| 10:10:2.0.1.1.21.2.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.13 Amount of financial protection required of certain holders of construction permits and combined licenses under 10 CFR part 52. | NRC | [72 FR 49565, Aug. 28, 2007] | Each holder of a part 50 construction permit, or a holder of a combined license under part 52 of this chapter before the date that the Commission had made the finding under 10 CFR 52.103(g), who also holds a license under part 70 of this chapter authorizing ownership, possession and storage only of special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of either an operating license under 10 CFR part 50 or combined license under 10 CFR part 52, shall, during the period before issuance of a license authorizing operation under 10 CFR part 50, or the period before the Commission makes the finding under § 52.103(g) of this chapter, as applicable, have and maintain financial protection in the amount of $1,000,000. Proof of financial protection shall be filed with the Commission in the manner specified in § 140.15 of this chapter before issuance of the license under part 70 of this chapter. | ||||
| 10:10:2.0.1.1.21.2.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.13a Amount of financial protection required for plutonium processing and fuel fabrication plants. | NRC | [42 FR 49, Jan. 3, 1977, as amended at 42 FR 20140, Apr. 18, 1977; 44 FR 20632, Apr. 6, 1979; 54 FR 24158, June 6, 1989; 83 FR 30289, June 28, 2018] | (a) Each holder of a license issued pursuant to part 70 of this chapter to possess and use plutonium at a plutonium processing and fuel fabrication plant is required to have and maintain financial protection in the form specified in § 140.14 in the amount of $200,000,000. Proof of financial protection shall be filed with the Commission in the manner specified in § 140.15 prior to issuance of the license under part 70 of this chapter. (b) In any case, when a person is authorized pursuant to part 70 of this chapter to possess and use plutonium at two or more plutonium processing and fuel fabrication plants at the same location, the total financial protection required of the licensee for all such plants is the highest amount which would otherwise be required for any one of those plants: Provided, however, That such financial protection covers all such plants at the location. | ||||
| 10:10:2.0.1.1.21.2.134.6 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.13b Amount of liability insurance required for uranium enrichment facilities. | NRC | [57 FR 18394, Apr. 30, 1992] | Each holder of a license issued under Parts 40 or 70 of this chapter for a uranium enrichment facility that involves the use of source material or special nuclear material is required to have and maintain liability insurance. The liability insurance must be the type and in the amounts the Commission considers appropriate to cover liability claims arising out of any occurrence within the United States that causes, within or outside the United States, bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material. Proof of liability insurance must be filed with the Commission as required by § 140.15 before issuance of a license for a uranium enrichment facility under parts 40 and 70 of this chapter. | ||||
| 10:10:2.0.1.1.21.2.134.7 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.14 Types of financial protection. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 42 FR 49, Jan. 3, 1977] | (a) The amounts of financial protection required under this part may be furnished and maintained in the form of: (1) An effective policy of liability insurance from private sources; or (2) Adequate resources to provide the financial protection required by §§ 140.11, 140.12; 140.13 or § 140.13a; or (3) Such other type of financial protection as the Commission may approve; or (4) Any combination of the foregoing. (b) In any case where the Commission has approved proof of financial protection filed by a licensee the licensee shall not substitute one type of financial protection for another type without first obtaining the written approval of the Commission. | ||||
| 10:10:2.0.1.1.21.2.134.8 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.15 Proof of financial protection. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 33 FR 15999, Oct. 31, 1968; 49 FR 11148, Mar. 26, 1984] | (a)(1) Licensees who maintain financial protection in whole or in part in the form of liability insurance shall provide proof of financial protection that consists of a copy of the liability policy (or policies) together with a certificate by the insurers issuing the policy stating that the copy is a true copy of the currently effective policy issued to the licensee. The licensee may furnish proof of financial protection in the form of the nuclear energy liability insurance policy set forth in § 140.91 or in any other form acceptable to the Commission. (2) Such proof may alternatively, consist of a copy of the declarations page of a nuclear energy liability policy in the form set forth in § 140.91 and issued to the licensee: Provided, That such policy form has been filed by the insurers with the Commission. The declarations page shall be accompanied by a certificate by the insurers stating that said copy is a true copy of the declarations page of a currently effective policy and identifying the policy (including endorsements) by reference to the policy form which has been filed by them with the Commission. (3) The Commission will accept any other form of nuclear energy liability insurance as proof of financial protection if it determines that the provisions of such insurance provide financial protection under the requirements of the Commission's regulations and the Act. (b) Proof of financial protection in the case of licensees who maintain financial protection in whole or in part in the form specified in § 140.14(a)(2) shall consist of a showing that the licensee clearly has adequate resources to provide the financial protection required under this part. For this purpose the applicant or licensee shall file with the Commission: (1) Annual financial statements for the three complete calendar or fiscal years preceding the date of filing, together with an opinion thereon by a certified public accountant. The financial statements shall include balance sheets, operating statements and such supporting schedules … | ||||
| 10:10:2.0.1.1.21.2.134.9 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.16 Commission review of proof of financial protection. | NRC | The Commission will review proof of financial protection filed by any licensee or applicant for license. If the Commission finds that the licensee or applicant for license is maintaining financial protection in accordance with the requirements of this part, approval of the financial protection will be evidenced by incorporation of appropriate provision in the license. | |||||
| 10:10:2.0.1.1.21.3.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | C | Subpart C—Provisions Applicable Only to Federal Agencies | § 140.51 Scope. | NRC | This subpart applies only to persons found by the Commission to be Federal agencies, which have applied for or are holders of licenses issued pursuant to part 50 of this chapter authorizing operation of nuclear reactors. Federal agencies are not required to furnish financial protection. | |||||
| 10:10:2.0.1.1.21.3.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | C | Subpart C—Provisions Applicable Only to Federal Agencies | § 140.52 Indemnity agreements. | NRC | [27 FR 2885, Mar. 29, 1962, as amended at 33 FR 15999, Oct. 31, 1968] | (a) The Commission will execute and issue agreements of indemnity with each Federal agency subject to this subpart pursuant to the regulations in this part or such other regulations as may be issued by the Commission. Such agreements, as to any licensee, shall be effective on: (1) The effective date of the license (issued pursuant to part 50 of this chapter) authorizing the licensee to operate the nuclear reactor involved; or (2) The effective date of the license (issued pursuant to part 70 of this chapter) authorizing the licensee to possess and store special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of an operating license for the reactor, whichever is earlier. No such agreement, however, shall be effective prior to September 26, 1957. (b)(1) The general form of indemnity agreement to be entered into with licensees subject to this subpart is contained in § 140.94 appendix D. (2) The form of indemnity agreement to be entered into by the Commission with any particular licensee under this subpart shall contain such modifications of the form in § 140.94, as are provided for in applicable licenses, regulations or orders of the Commission. (3) Each licensee who has executed an indemnity agreement under this subpart shall enter into such agreements amending such indemnity agreement as are required by applicable licenses, regulations or orders of the Commission. | ||||
| 10:10:2.0.1.1.21.4.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | D | Subpart D—Provisions Applicable Only to Nonprofit Educational Institutions | § 140.71 Scope. | NRC | This subpart applies only to applicants for and holders of licenses issued for the conduct of educational activities to persons found by the Commission to be nonprofit educational institutions, except that this subpart does not apply to Federal agencies. Financial protection is not required with respect to licenses issued for the conduct of educational activities to persons found by the Commission to be non-profit educational institutions. | |||||
| 10:10:2.0.1.1.21.4.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | D | Subpart D—Provisions Applicable Only to Nonprofit Educational Institutions | § 140.72 Indemnity agreements. | NRC | [27 FR 2885, Mar. 29, 1962, as amended at 33 FR 15999, Oct. 31, 1968] | (a) The Commission will execute and issue agreements of indemnity with each non-profit educational institution subject to this subpart pursuant to the regulations in this part or such other regulations as may be issued by the Commission. Such agreements, as to any licensee, shall be effective on: (1) The effective date of the license (issued pursuant to part 50 of this chapter) authorizing the licensee to operate the nuclear reactor involved; or (2) The effective date of the license (issued pursuant to part 70 of this chapter) authorizing the licensee to possess and store special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of an operating license for the reactor, whichever is earlier. No such agreement, however, shall be effective prior to September 26, 1957. (b)(1) The general form of indemnity agreement to be entered into with licensees subject to this subpart is contained in § 140.95 appendix E. (2) The form of indemnity agreement to be entered into by the Commission with any particular licensee under this subpart shall contain such modifications of the form in § 140.95 appendix E, as are provided for in applicable licenses, regulations or orders of the Commission. (3) Each licensee who has executed an indemnity agreement under this subpart shall enter into such agreements amending such indemnity agreement as are required by applicable licenses, regulations or orders of the Commission. | ||||
| 10:10:2.0.1.1.21.5.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.81 Scope and purpose. | NRC | [33 FR 15999, Oct. 31, 1968, as amended at 40 FR 8793, Mar. 3, 1975; 72 FR 49565, Aug. 28, 2007] | (a) Scope. This subpart applies to applicants for and holders of licenses authorizing operation of production facilities and utilization facilities, including combined licenses under part 52 of this chapter, and to other persons indemnified with respect to such facilities. (b) Purpose. One purpose of this subpart is to set forth the criteria which the Commission proposes to follow in order to determine whether there has been an “extraordinary nuclear occurrence.” The other purpose is to establish the conditions of the waivers of defenses proposed for incorporation in indemnity agreements and insurance policies or contracts furnished as proof of financial protection. (1) The system is to come into effect only where the discharge or dispersal constitutes a substantial amount of source, special nuclear or byproduct material, or has caused substantial radiation levels offsite. The various limits in present NRC regulations are not appropriate for direct application in the determination of an “extraordinary nuclear occurrence,” for they were arrived at with other purposes in mind, and those limits have been set at a level which is conservatively arrived at by incorporating a significant safety factor. Thus, a discharge or dispersal which exceeds the limits in NRC regulations, or in license conditions, although possible cause for concern, is not one which would be expected to cause substantial injury or damage unless it exceeds by some significant multiple the appropriate regulatory limit. Accordingly, in arriving at the values in the criteria to be deemed “substantial” it is more appropriate to adopt values separate from NRC health and safety regulations, and, of course, the selection of these values will not in any way affect such regulations. A substantial discharge, for purposes of the criteria, represents a perturbation of the environment which is clearly above that which could be anticipated from the conduct of normal activities. The criteria are intended solely for the purposes of administration of the Comm… | ||||
| 10:10:2.0.1.1.21.5.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.82 Procedures. | NRC | [33 FR 15999, Oct. 31, 1968, as amended at 40 FR 8794, Mar. 3, 1975] | (a) The Commission may initiate, on its own motion, the making of a determination as to whether or not there has been an extraordinary nuclear occurrence. In the event the Commission does not so initiate the making of a determination, any affected person, or any licensee or person with whom an indemnity agreement is executed or a person providing financial protection may petition the Commission for a determination of whether or not there has been an extraordinary nuclear occurrence. If the Commission does not have, or does not expect to have, within 7 days after it has received notification of an alleged event, enough information available to make a determination that there has been an extraordinary nuclear occurrence, the Commission will publish a notice in the Federal Register setting forth the date and place of the alleged event and requesting any persons having knowledge thereof to submit their information to the Commission. (b) When a procedure is initiated under paragraph (a) of this section, the Commission will designate members of the principal staff to begin immediately to assemble the relevant information and prepare a report on which the Commission can make its determination. | ||||
| 10:10:2.0.1.1.21.5.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.83 Determination of extraordinary nuclear occurrence. | NRC | [33 FR 15999, Oct. 31, 1968] | If the Commission determines that both of the criteria set forth in §§ 140.84 and 140.85 have been met, it will make the determination that there has been an extraordinary nuclear occurrence. If the Commission publishes a notice in the Federal Register in accordance with § 140.82(a) and does not make a determination within 90 days thereafter that there has been an extraordinary nuclear occurrence, the alleged event will be deemed not to be an extraordinary nuclear occurrence. The time for the making of a determination may be extended by the Commission by notice published in the Federal Register. | ||||
| 10:10:2.0.1.1.21.5.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.84 Criterion I—Substantial discharge of radioactive material or substantial radiation levels offsite. | NRC | [33 FR 15999, Oct. 31, 1968, as amended at 40 FR 8794, Mar. 3, 1975] | The Commission will determine that there has been a substantial discharge or dispersal of radioactive material offsite, or that there have been substantial levels of radiation offsite, when, as a result of an event comprised of one or more related happenings, radioactive material is released from its intended place of confinement or radiation levels occur offsite and either of the following findings are also made: (a) The Commission finds that one or more persons offsite were, could have been, or might be exposed to radiation or to radioactive material, resulting in a dose or in a projected dose in excess of one of the levels in the following table: Total Projected Radiation Doses Exposures from the following types of sources of radiation shall be included: (1) Radiation from sources external to the body; (2) Radioactive material that may be taken into the body from its occurrence in air or water; and (3) Radioactive material that may be taken into the body from its occurrence in food or on terrestrial surfaces. (b) The Commission finds that: (1) Surface contamination of at least a total of any 100 square meters of offsite property has occurred as the result of a release of radioactive material from a production or utilization facility and such contamination is characterized by levels of radiation in excess of one of the values listed in Column 1 or Column 2 of the following table, or (2) Surface contamination of any offsite property has occurred as the result of a release of radioactive material in the course of transportation and such contamination is characterized by levels of radiation in excess of one of the values listed in column 2 of the following table: Total Surface Contamination Levels 1 1 The maximum levels (above background), observed or projected, 8 or more hours after initial deposition. 2 Measured through not more than 7 milligrams per square centimeter of total absorber. | ||||
| 10:10:2.0.1.1.21.5.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.85 Criterion II—Substantial damages to persons offsite or property offsite. | NRC | [33 FR 15999, Oct. 31, 1968] | (a) After the Commission has determined that an event has satisfied Criterion I, the Commission will determine that the event has resulted or will probably result in substantial damages to persons offsite or property offsite if any of the following findings are made: (1) The Commission finds that such event has resulted in the death or hospitalization, within 30 days of the event, of five or more people located offsite showing objective clinical evidence of physical injury from exposure to the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material; or (2) The Commission finds that $2,500,000 or more of damage offsite has been or will probably be sustained by any one person, or $5 million or more of such damage in the aggregate has been or will probably be sustained, as the result of such event; or (3) The Commission finds that $5,000 or more of damage offsite has been or will probably be sustained by each of 50 or more persons, provided that $1 million or more of such damage in the aggregate has been or will probably be sustained, as the result of such event. (b) As used in paragraphs (a) (2) and (3) of this section, “damage” shall be that arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material, and shall be based upon estimates of one or more of the following: (1) Total cost necessary to put affected property back into use, (2) Loss of use of affected property, (3) Value of affected property where not practical to restore to use, (4) Financial loss resulting from protective actions appropriate to reduce or avoid exposure to radiation or to radioactive materials. | ||||
| 10:10:2.0.1.1.21.6.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.87 Violations. | NRC | [57 FR 55080, Nov. 24, 1992] | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | ||||
| 10:10:2.0.1.1.21.6.134.10 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.108 Appendix H—Form of indemnity agreement with licensees possessing plutonium for use in plutonium processing and fuel fabrication plants and furnishing proof of financial protection in the form of the licensee's resources. | NRC | [42 FR 53, Jan. 3, 1977, as amended at 42 FR 20142, Apr. 18, 1977; 42 FR 23501, May 9, 1977; 44 FR 20633, Apr. 6, 1979; 44 FR 24045, Apr. 24, 1979; 45 FR 37410, June 3, 1980; 49 FR 11152, Mar. 26, 1984; 54 FR 24161, June 6, 1989] | This Indemnity Agreement No. ______ is entered into by and between ______ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ), and Section 201 of the Energy Reorganization Act of 1974, as amended. Article I As used in this agreement: 1. Byproduct material, person, source material, special nuclear material, precautionary evacuation, and extraordinary nuclear occurrence shall have the meaning given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. Amount of financial protection means the amount specified in Item 2 or the Attachment annexed hereto. 3. Nuclear incident means any occurrence including an extraordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence, including an extraordinary nuclear occurrence of series of occurrences causing bodily injury, sickness, disease or death, or loss or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of i. The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or dispersed from the location as defined in any such other agreement, or ii. The radioactive material in the course of transportation and also arising … | ||||
| 10:10:2.0.1.1.21.6.134.11 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.109 Appendix I. | NRC | [49 FR 11153, Mar. 26, 1984] | Nuclear Energy Liability Insurance Association master policy no. ____ Nuclear Energy Liability Insurance (Secondary Financial Protection) Named Insured: Each person or organization designated in Item 1 of a certificate. Policy Period: Beginning on the first day of August, 1977, and continuing to the effective date and time of the cancellation or other termination of this policy, eastern standard time. Limits of Liability: The amount of retrospective premium actually received by the companies plus the amount of the companies' contingent liability, if any, pursuant to Conditions 2, 3, and 4. Date of Issue Authorized Representative In consideration of the payment of the annual premium, in reliance upon the statements in the certificates and subject to the limits of liability, conditions and other terms of this Master Policy, the undersigned members of Nuclear Energy Liability Insurance Association (hereinafter called the companies ), each for itself, severally and not jointly, and in the respective proportions herein set forth, and the insureds named in the certificates, agree as follows: Insuring Agreements i. nuclear energy liability insurance (Secondary Financial Protection) To pay on behalf of or to the insured or to the insured's workers' compensation carrier all sums payable as excess losses to which this Master Policy applies. ii. definitions Bodily injury means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person. Certificate means a Certificate of Insurance, including Declarations and Bond for Payment of Retrospective Premiums, issued to be a part of this Master Policy. Common nuclear occurrence means any occurrence or series of occurrences causing bodily injury or property damage arising out of the radioactive, toxic, explosive, or other hazardous properties of nuclear material (a) Discharged or dispersed from a nuclear reactor described in Item 3 of a certificate over a period of da… | ||||
| 10:10:2.0.1.1.21.6.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.89 Criminal penalties. | NRC | [57 FR 55080, Nov. 24, 1992] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 140 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 140 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 140.1, 140.2, 140.3, 140.4, 140.5, 140.7, 140.8, 140.9, 140.9a, 140.10, 140.14, 140.16, 140.18, 140.19, 140.20, 140.51, 140.52, 140.71, 140.72, 140.81, 140.82, 140.83, 140.84, 140.85, 140.87, 140.89, 140.91, 140.92, 140.93, 140.94, 140.95, 140.96, 140.107, 140.108, and 140.109. | ||||
| 10:10:2.0.1.1.21.6.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.91 Appendix A—Form of nuclear energy liability policy for facilities. | NRC | [25 FR 2948, Apr. 7, 1960] | While the text of the policy which follows is exemplary of a contract acceptable to the Commission as evidence of the financial protection required of the licensee by section 170 of the Atomic Energy Act of 1954, as amended, variations on this text submitted by the licensee also will be considered by the Commission in determining whether the licensee meets the financial protection requirements of the Act. The full text of the policy is published solely for the purpose of completeness. Publication of this text should not be construed as a Commission endorsement of any particular provision pertaining solely to the business relationship between the insurers and the insureds or to any other matter not within the Commission's statutory jurisdiction under the Atomic Energy Act. Nuclear Energy Liability Policy (Facility Form) The undersigned members of __________, hereinafter called the “companies,” each for itself, severally and not jointly, and in the respective proportions hereinafter set forth, agree with the insured, named in the declarations made a part hereof, in consideration of the premium and in reliance upon the statements in the declarations and subject to the limit of liability, exclusions, conditions and other terms of this policy; insuring agreements I. Coverage A—Bodily injury and property damage liability. To pay on behalf of the insured: (1) All sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage caused by the nuclear energy hazard, and the companies shall defend any suit against the insured alleging such bodily injury or property damage and seeking damages which are payable under the terms of this policy; but the companies may make such investigation, negotiation and settlement of any claim or suit as they deem expedient; (2) Costs taxed against the insured in any such suit and interest on any judgment therein; (3) Premiums on appeal bonds and on bonds to release attachments in any such suit, but without obl… | ||||
| 10:10:2.0.1.1.21.6.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.92 Appendix B—Form of indemnity agreement with licensees furnishing insurance policies as proof of financial protection. | NRC | [26 FR 3457, Apr. 22, 1961] | This indemnity agreement ________ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170c of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2.(a) For facilities designed for producing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, and except when otherwise specifically provided, amount of financial protection means the amount specified in Item 2a. and b. of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences, and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan for deferred retrospective premium charges). (b) For all other facilities, and except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2a. and b., of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences. 3. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease or … | ||||
| 10:10:2.0.1.1.21.6.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.93 Appendix C—Form of indemnity agreement with licensees furnishing proof of financial protection in the form of licensee's resources. | NRC | [26 FR 3459, Apr. 22, 1961] | This indemnity agreement No. __________ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2.(a) For facilities designed for producing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, and except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2 of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences, and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan providing for deferred retrospective premium charges). (b) For all other facilities, and except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2 of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences. 3. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease or de… | ||||
| 10:10:2.0.1.1.21.6.134.6 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.94 Appendix D—Form of indemnity agreement with Federal agencies. | NRC | [27 FR 2886, Mar. 29, 1962] | This indemnity agreement No. D______ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive or other hazardous properties of (i) The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or dispersed from the location as defined in any such other agreement, or (ii) The radioactive material in the course of transportation and also arising out of such properties of other material defined in any other agreement entered into by the Commission pursuant to subsection 170(c) or (k) of the Act as the radioactive material and … | ||||
| 10:10:2.0.1.1.21.6.134.7 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.95 Appendix E—Form of indemnity agreement with nonprofit educational institutions. | NRC | [27 FR 2887, Mar. 29, 1962] | This indemnity agreement No. E-______ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(k) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of i. The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or dispersed from the location as defined in any such other agreement; or ii. The radioactive material in the course of transportation and also arising out of such properties of other material defined in any other agreement entered into by the Commission pursuant to subsection 170(c) or (k) of the Act as the radioactive material and which is in the course of transport… | ||||
| 10:10:2.0.1.1.21.6.134.8 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.96 Appendix F—Indemnity locations. | NRC | [72 FR 49565, Aug. 28, 2007] | (a) Geographical boundaries of indemnity locations. (1) In every indemnity agreement between the Commission and a licensee which affords indemnity protection for the preoperational storage of fuel at the site of a nuclear power reactor under construction, the geographical boundaries of the indemnity location will include the entire construction area of the nuclear power reactor, as determined by the Commission. Such area will not necessarily be coextensive with the indemnity location which will be established at the time an operating license or combined license under 10 CFR part 52 is issued for such additional nuclear power reactors. (2) In every indemnity agreement between the Commission and a licensee which affords indemnity protection for an existing nuclear power reactor, the geographical boundaries of the indemnity location shall include the entire construction area of any additional nuclear power reactor as determined by the Commission, built as part of the same power station by the same licensee. Such area will not necessarily be coextensive with the indemnity location which will be established at the time an operating license or combined license is issued for such additional nuclear power reactors. (3) This section is effective May 1, 1973, as to construction permits issued before March 2, 1973, and, as to construction permits and combined licenses issued on or after March 2, 1973, the provisions of this section will apply no later than such time as a construction permit or combined license is issued authorizing construction of any additional nuclear power reactor. (b) [Reserved] (a) Geographical boundaries of indemnity locations. (1) In every indemnity agreement between the Commission and a licensee which affords indemnity protection for the preoperational storage of fuel at the site of a nuclear power reactor under construction, the geographical boundaries of the indemnity location will include the entire construction area of the nuclear power reactor, as determined by the Commission. Suc… | ||||
| 10:10:2.0.1.1.21.6.134.9 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.107 Appendix G—Form of indemnity agreement with licensees processing plutonium for use in plutonium processing and fuel fabrication plants and furnishing insurance policies as proof of financial protection. | NRC | [42 FR 51, Jan. 3, 1977, as amended at 42 FR 20141, Apr. 18, 1977; 44 FR 20633, Apr. 6, 1979; 44 FR 24045, Apr. 24, 1979; 45 FR 37410, June 3, 1980; 49 FR 11152, Mar. 26, 1984; 54 FR 24160, June 6, 1989] | This Indemnity Agreement No. ______ is entered into by and between ______________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ), and section 201 of the Energy Reorganization Act of 1974, as amended. Article I As used in this agreement: 1. By product material, person, source material, special nuclear material, precautionary evacuation, and extraordinary nuclear occurrence shall have the meaning given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. Except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2a and b, of the Attachment annexed hereto as modified by paragraph 6, Article II, with respect to common occurrences. 3. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence, including an extraordinary nuclear occurrence, or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of: (i) The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or disperse… | ||||
| 17:17:2.0.1.1.12.1.1.1 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | A | Subpart A—Organization | § 140.1 Headquarters office. | CFTC | [48 FR 2734, Jan. 21, 1983, as amended at 60 FR 49335, Sept. 25, 1995] | (a) General. The headquarters office of the Commission is located at Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. (b) [Reserved] | ||||
| 17:17:2.0.1.1.12.1.1.2 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | A | Subpart A—Organization | § 140.2 Regional office—Regional Administrator. | CFTC | [69 FR 41426, July 9, 2004, as amended at 72 FR 16269, Apr. 4, 2007; 89 FR 71813, Sept. 4, 2024] | Each of the Regional offices described herein functions as set forth in this section under the direction of a Regional Administrator who, as a collateral duty, oversees the administration of the office and represents the Commission in negotiations with employee union officials and in interactions with external parties. Each regional office has delegated authority for the enforcement of the Act and administration of the programs of the Commission in the particular regions. (a) The Eastern Regional Office is located at 290 Broadway, 6th Floor, New York, NY 10007 and is responsible for enforcement of the Act and administration of programs of the Commission in the States of Alabama, Connecticut, Delaware, Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia. (b) The Central Regional Office is located at 77 W. Jackson Blvd., Suite 800, Chicago, IL 60604 and is responsible for enforcement of the Act and administration of programs of the Commission in the States of Illinois, Indiana, Michigan, Ohio and Wisconsin. (c) The Southwestern Regional Office is located at 2600 Grand Blvd, Suite 210, Kansas City, MO 64108, and is responsible for enforcement of the Act and administration of the programs of the Commission in the States of Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. | ||||
| 17:17:2.0.1.1.12.2.1.1 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.10 The Commission. | CFTC | [41 FR 28474, July 12, 1976] | The Commission is composed of a Chairman and four other Commissioners, not more than three of whom may be members of the same political party, who are appointed by the President, with the advice and consent of the Senate, for 5-year terms, one term ending each year. The Commission is assisted by a staff, which includes lawyers, economists, accountants, investigators and examiners, as well as administrative and clerical employees. | ||||
| 17:17:2.0.1.1.12.2.1.10 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.24 Control and accountability procedures. | CFTC | [48 FR 15464, Apr. 11, 1983, as amended at 61 FR 21955, May 13, 1996; 89 FR 71813, Sept. 4, 2024] | Persons entrusted with classified information shall be responsible for providing protection and accountability for such information at all times and for locking classified information in approved security equipment whenever it is not in use or under direct supervision of authorized persons. (a) General safeguards. (1) Classified material must not be left in unoccupied rooms or be left inadequately protected in an occupied office, or one occupied by other than security cleared employees. Under no circumstances shall classified material be placed in desk drawers or anywhere other than in approved storage containers. (2) Employees using classified material shall take every precaution to prevent deliberate or casual inspection of it by unauthorized persons. Classified material shall be kept under constant surveillance and face down or covered when not in use. (3) All copies of classified documents and any informal material such as memoranda, rough drafts, shorthand notes, carbon copies, carbon paper, typewriter ribbons, recording discs, spools and tapes shall be given the same classification and secure handling as the classified information they contain. (4) Commission personnel authorized to use classified materials will obtain them from the Executive Director or their designee on the day required and return them to the Executive Director or their designee before the close of business on the same day. (5) Classified information shall not be revealed in telephone or telecommunications conversations. (6) Any person who has knowledge of the loss or possible compromise of classified information shall immediately report the circumstances either to the Security Officer or to the Executive Director or their designee in consultation with the General Counsel or their designee. The Executive Director or his delegee shall initiate a preliminary inquiry to determine the circumstances surrounding an actual or possible compromise, and to determine what corrective measures and administrative, disciplinary, or legal action … | ||||
| 17:17:2.0.1.1.12.2.1.11 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.61 [Reserved] | CFTC | ||||||
| 17:17:2.0.1.1.12.2.1.12 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.72 Delegation of authority to disclose confidential information to a registered entity, swap execution facility, swap data repository, registered futures association or self-regulatory organization. | CFTC | [48 FR 22134, May 17, 1983, as amended at 57 FR 20638, May 14, 1992; 61 FR 1709, Jan. 23, 1996; 66 FR 1576, Jan. 9, 2001; 67 FR 62352, Oct. 7, 2002; 73 FR 79609, Dec. 30, 2008; 77 FR 66346, Nov. 2, 2012; 78 FR 21523, Apr. 11, 2013; 78 FR 22419, Apr. 16, 2013; 82 FR 28769, June 26, 2017; 89 FR 71813, Sept. 4, 2024] | (a) Pursuant to the authority granted under sections 2(a)(11), 8a(5) and 8a(6) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise, to the Executive Director, the Director of the Market Participants Division, the Director of the Division of Clearing and Risk, the Chief Accountant, the General Counsel, the Director of the Division of Market Oversight, the Director of the Division of Data, the Director of the Division of Enforcement, the Chief Economist of the Office of the Chief Economist, the Director of the Office of International Affairs, or such other employee or employees as the General Counsel, Directors, Chief Accountant or Chief Economist each may designate, the authority to disclose to an official of any registered entity, swap execution facility, swap data repository, registered futures association, or self-regulatory organization as defined in section 3(a)(26) of the Securities Exchange Act of 1934, any information necessary or appropriate to effectuate the purposes of the Act, including, but not limited to, the full facts concerning any transaction or market operation, including the names of the parties thereto. This authority to disclose shall be based on a determination that the transaction or market operation disrupts or tends to disrupt any market or is otherwise harmful or against the best interests of producers, consumers, or investors or that disclosure is necessary or appropriate to effectuate the purposes of the Act. (b) Disclosure under this section shall only be made to a registered entity, swap execution facility, swap data repository, registered futures association or self-regulatory organization official who is named in a list filed with the Commission by the chief executive officer of the registered entity, swap execution facility, swap data repository, registered futures association or self-regulatory organization, which sets forth the official's name, business address and telephone number. The chief executive officer shall thereafter notify … | ||||
| 17:17:2.0.1.1.12.2.1.13 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.73 Delegation of authority to disclose information to United States, States, and foreign government agencies and foreign futures authorities. | CFTC | [48 FR 22135, May 17, 1983, as amended at 57 FR 20638, May 14, 1992; 61 FR 1709, Jan. 23, 1996; 66 FR 1576, Jan. 9, 2001; 67 FR 62352, Oct. 7, 2002; 73 FR 79609, Dec. 30, 2008; 78 FR 22419, Apr. 16, 2013; 82 FR 28770, June 26, 2017; 89 FR 71813, Sept. 4, 2024] | (a) Pursuant to sections 2(a)(11), 8a(5) and 8(e) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise, to the General Counsel, the Director of the Division of Enforcement, the Director of the Division of Data, the Director of the Division of Market Oversight, the Director of the Market Participants Division, the Director of the Division of Clearing and Risk, the Chief Economist of the Office of the Chief Economist, the Director of the Office of International Affairs, or such other employee or employees as the General Counsel, Chief Economist or Directors listed in this section each may designate the authority to furnish information in the possession of the Commission obtained in connection with the administration of the Act, upon written request, to: (1) Any department or agency of the United States, including for this purpose an independent regulatory agency, acting within the scope of its jurisdiction; (2) Any department or agency of any State or any political subdivision thereof, acting within the scope of its jurisdiction; or (3) Any foreign futures authority, as defined in section 1a(10) of the Act, or any department or agency of any foreign government or political subdivision thereof, acting within the scope of its jurisdiction, provided that the Commission official making the disclosure is satisfied that the information will not be disclosed except in connection with an adjudicatory action or proceeding brought under the laws of such foreign government or political subdivision to which such foreign government or political subdivision or any department or agency thereof, or foreign futures authority is a party. (b) Any disclosure made pursuant to paragraph (a) of this section shall be made with the concurrence of the Director of the Division of Enforcement or in their absence a Deputy Director of the Division of Enforcement. Provided, however, that no such concurrence is necessary for the Director of Market Oversight or in their absence each Deputy Director of… | ||||
| 17:17:2.0.1.1.12.2.1.14 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.74 Delegation of authority to issue special calls for Series 03 Reports. | CFTC | [82 FR 28770, June 26, 2017] | (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Enforcement, or such other employee or employees as the Director may designate from time to time, the authority to issue special calls for series 03 reports under § 18.00 of this chapter. (b) The Director of the Division of Enforcement may submit any matter which has been delegated to the Director under this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Enforcement under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.15 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.75 Delegation of authority to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division. | CFTC | [48 FR 22136, May 17, 1983, as amended at 67 FR 62352, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013] | Pursuant to sections 2(a)(11), 8a(5) and 8(g) of the Act, the Commission hereby delegates to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as either Director may designate, the authority to disclose any registration information contained in the registration applications filed by Commission registrants or any compilation of such information maintained by the Commission to any department or agency of any State or any political subdivision thereof. Disclosure under this section may be made upon reasonable request made to the Commission or without request whenever the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, or any Commission employee designated by either Director to make disclosures under this section determines that such information may be appropriate for use by any department or agency of a State or political subdivision thereof. Notwithstanding the provisions of this section, in any case in which the Director of Division of Clearing and Risk and Division of Swap Dealer and Intermediary Oversight deems it appropriate, or in any case in which the Commission so requests, the Director may submit matter to the Commission for its consideration. | ||||
| 17:17:2.0.1.1.12.2.1.16 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.76 Delegation of authority to disclose information in a receivership or bankruptcy proceeding. | CFTC | [49 FR 4464, Feb. 7, 1984, as amended at 67 FR 62352, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013; 89 FR 71813, Sept. 4, 2024] | (a) Pursuant to sections 2(a)(11) and 8(b) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Enforcement, the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, the General Counsel, or any Commission employee under their direction as they may designate Commission employee under their direction as they may designate, the authority to disclose data and information that would separately disclose the business transactions or market positions of any person and trade secrets or names of customers, when such disclosure is made in any receivership proceeding involving a receiver appointed in a judicial proceeding brought under the Act, or in any bankruptcy proceeding in which the Commission has intervened or in which the Commission has the right to appear and be heard under title 11 of the United States Code. (b) Notwithstanding the provisions of paragraph (a), in any case in which the Director of the Division of Enforcement, the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, the General Counsel, or any employee designated by them to make disclosures pursuant to this section believes it appropriate, the matter may be submitted to the Commission for consideration. In addition, the Commission reserves to itself the authority to determine whether to grant a request for information in any particular case. | ||||
| 17:17:2.0.1.1.12.2.1.17 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.77 Delegation of authority to determine that applications for contract market designation, swap execution facility registration, or swap data repository registration are materially incomplete. | CFTC | [48 FR 34946, Aug. 2, 1983, as amended at 57 FR 20638, May 14, 1992; 67 FR 62353, Oct. 7, 2002; 77 FR 66347, Nov. 2, 2012] | (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Market Oversight or the Director's designees, the authority to determine that an application for contract market designation, swap execution facility registration, or swap data repository registration is materially incomplete under section 6 of the Commodity Exchange Act and to so notify the applicant. (b) The Director of the Division of Market Oversight may submit any matter which has been delegated to the director under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Market Oversight under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.18 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.80 Disclosure of information pursuant to a subpoena or summons. | CFTC | [49 FR 4464, Feb. 7, 1984] | The Commission shall provide notice to any person who has submitted information to the Commission when a summons or subpoena seeking the submitted information is received by the Commission. Notice ordinarily will be provided by mailing a copy of the summons or subpoena to the last known home or business address of the person who submitted the information. However, under circumstances which would make notice by mail unduly burdensome or costly, notice of the existence of the summons or subpoena may be affected by alternative means such as publication in the Federal Register. The Commission will not disclose such information until the expiration of at least fourteen days from the date of mailing, or such other notice as is given. This section shall not apply to (a) Congressional subpoenas or Congressional requests for information, (b) information which is considered by the Commission to be public information, or (c) information as to which the submitter has waived the notice provision of this section. | ||||
| 17:17:2.0.1.1.12.2.1.19 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.81 [Reserved] | CFTC | ||||||
| 17:17:2.0.1.1.12.2.1.2 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.11 Emergency action by the senior Commissioner available. | CFTC | [41 FR 28474, July 12, 1976, as amended at 89 FR 71813, Sept. 4, 2024] | (a) Authority of senior Commissioner. When it is not feasible to convene a quorum of the Commission, the Senior Commissioner present at the Commission headquarters (or, during non-business hours, available in the Washington, DC area) may take emergency action on behalf of and in the name of the Commission in accordance with the procedures set forth in this section. Members of the Commission shall be considered senior in the following order: the Chairman and other Commissioners in order of their length of service on the Commission. Where two or more Commissioners have commenced their service on the same date, the Commissioner whose unexpired term in office is the longest will be considered senior. (b) Exercise of authority. Subject to the right of the Commission to review any emergency action taken as hereinafter provided, the Senior Commissioner may act on behalf of and in the name of the Commission with respect to all of the functions of the Commission except general rulemaking functions: Provided, however, That the Senior Commissioner shall not exercise any authority on behalf of the Commission (1) without consultation with such other member of the Commission as may at the time be present at the Commission's Washington, DC headquarters, and without a reasonable attempt to consult, by telephone, with other members of the Commission; and (2) unless, in the opinion of the Senior Commissioner (after consulting with the General Counsel or his deputy or associate, and such other members of the Commission staff as the Senior Commissioner deems appropriate) the public interest requires that action be taken prior to the next scheduled meeting of the Commission. (c) Report to the Commission. The exercise of Senior Commissioner authority shall be reported to the Commission within one business day thereafter either by the Senior Commissioner or at their direction, and shall be recorded by the Secretariat in the Minute Record of all official actions of the Commission. The Secretariat shall promptly notify any dire… | ||||
| 17:17:2.0.1.1.12.2.1.20 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.91 Delegation of authority to the Director of the Division of Clearing and Risk and to the Market Participants Division. | CFTC | [44 FR 13460, Mar. 12, 1979, as amended at 60 FR 8195, Feb. 13, 1995; 66 FR 43087, Aug. 17, 2001; 66 FR 53523, Oct. 23, 2001; 67 FR 62353, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013; 78 FR 68655, Nov. 14, 2013; 79 FR 44126, July 30, 2014; 85 FR 57570, Sept. 15, 2020; 89 FR 71813, Sept. 4, 2024] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate: (1) All functions reserved to the Commission in § 1.10 of this chapter, except for those relating to nonpublic treatment of reports set forth in § 1.10(g) of this chapter; (2) All functions reserved to the Commission in § 1.12 of this chapter; (3) All functions reserved to the Commission in § 1.14 of this chapter; (4) All functions reserved to the Commission in § 1.15 of this chapter; (5) All functions reserved to the Commission in § 1.16 of this chapter; and (6) All functions reserved to the Commission in § 1.17 of this chapter, except for those relating to non-enumerated cover cases set forth in § 1.17(j)(3) of this chapter. (7) All functions reserved to the Commission in § 1.20 of this chapter. (8) All functions reserved to the Commission in § 1.25 of this chapter. (9) All functions reserved to the Commission in § 1.26 of this chapter. (10) All functions reserved to the Commission in § 1.52 of this chapter. (11) All functions reserved to the Commission in § 23.100-106 of this chapter, except for those related to the revocation of a swap dealer's or major swap participant's approval to use internal models to compute capital requirements under § 23.102 of this chapter, those related to the Commission's order under § 23.104 of this chapter, and the issuance of Capital Comparability Determinations under § 23.106 of this chapter. (12) All functions reserved to the Commission in § 30.7 of this chapter. (13) All functions reserved to the Commission in § 41.41 of this chapter. Any action taken pursuant to the delegation of authority under this paragraph (a)(13) shall be made with the concurrence of the General Counsel or, in their absence, a Deputy General Counsel. (b) The Director of the D… | ||||
| 17:17:2.0.1.1.12.2.1.21 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.92 Delegation of authority to grant registrations and renewals thereof. | CFTC | [45 FR 20785, Mar. 31, 1980, as amended at 67 FR 62353, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate, the authority to grant registrations and renewals thereof. (b) The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.22 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.93 Delegation of authority to the Director of the Market Participants Division. | CFTC | [46 FR 26023, May 8, 1981, as amended at 46 FR 34311, July 1, 1981; 50 FR 15884, Apr. 23, 1985; 52 FR 41986, Nov. 2, 1987; 67 FR 62353, Oct. 7, 2002; 70 FR 2566, Jan. 14, 2005; 78 FR 22419, Apr. 16, 2013; 81 FR 704, Jan. 6, 2016] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate: (1) All functions reserved to the Commission in § 4.12(a) of this chapter. (2) All functions reserved to the Commission in § 4.22(g)(3) of this chapter. (3) All functions reserved to the Commission in § 4.20(a) of this chapter. (4) All functions reserved to the Commission in § 4.5(c)(2)(ii) of this chapter. (5) All functions reserved to the Commission in § 4.6(b) of this chapter. (6) All functions reserved to the Commission in §§ 23.150 through 23.161 of this chapter. (b) The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section may prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Clearing and Risk and the Director of the Market Participants Division under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.23 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.94 Delegation of authority to the Director of the Market Participants Division and to the Director of the Division of Clearing and Risk. | CFTC | [78 FR 22420, Apr. 16, 2013, as amended at 78 FR 72514, Dec. 2, 2013; 85 FR 4900, Jan. 27, 2020; 85 FR 67189, Oct. 21, 2020; 86 FR 968, Jan. 7, 2021; 88 FR 53698, Aug. 8, 2023] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate: (1) All functions reserved to the Commission in § 5.7 of this chapter; (2) All function reserved to the Commission in § 5.10 of this chapter; (3) All functions reserved to the Commission in § 5.11 of this chapter; (4) All functions reserved to the Commission in § 5.12 of this chapter, except for those relating to nonpublic treatment of reports set forth in § 5.12(i) of this chapter; and (5) All functions reserved to the Commission in § 5.14 of this chapter. (b) The Director of the Market Participants Division may submit any matter which has been delegated to him or her under paragraph (a) of this section to the Commission for its consideration. (c) The Commission hereby delegates, until such time as the Commission orders otherwise, the following functions to the Director of the Division of Clearing and Risk and to such members of the Commission's staff actingunder their direction as they may designate: (1) The authority to review applications for registration as a derivatives clearing organization filed with the Commission under § 39.3(a)(1) of this chapter, to determine that an application is materially complete pursuant to § 39.3(a)(2) of this chapter, to request additional information in support of an application pursuant to § 39.3(a)(4) of this chapter, to extend the review period for an application pursuant to § 39.3(a)(7) of this chapter, to stay the running of the 180-day review period if an application is incomplete pursuant to § 39.3(b)(1) of this chapter, to review requests for amendments to orders of registration filed with the Commission under § 39.3(d)(1) of this chapter, to request additional information in support of a request for an amendment to an order of registration pursuant to § 39.3(d)(2) of this chapter, and to request add… | ||||
| 17:17:2.0.1.1.12.2.1.24 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.95 Delegation of authority with respect to withdrawals from registration. | CFTC | [46 FR 48918, Oct. 5, 1981, as amended at 67 FR 62353, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013] | (a) The Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division and to such members of the Commission's staff acting under their direction as they may designate, the authority to review, postpone, condition, deny, or otherwise act upon a request for withdrawal from registration. (b) The Director of the Division of Clearing and Risk and the Director of the Market Participants Division may submit any matter which has been delegated to them under paragraph (a) of this section to the Commission for its consideration. (c) Nothing in this section shall prohibit the Commission, at its election, from exercising the authority delegated to the Director of the Division of Clearing and Risk and to the Director of the Market Participants Division under paragraph (a) of this section. | ||||
| 17:17:2.0.1.1.12.2.1.25 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.96 Delegation of authority to publish in the Federal Register. | CFTC | [50 FR 47532, Nov. 19, 1985, as amended at 55 FR 35897, Sept. 4, 1990; 57 FR 20638, May 14, 1992; 67 FR 62353, Oct. 7, 2002; 7 FR 66347, Nov. 2, 2012; 78 FR 22419, Apr. 16, 2013] | (a) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Market Oversight or the Director's designee, or the Director of the Division of Data or the Director's designee, with the concurrence of the General Counsel or the General Counsel's designee, the authority to publish in the Federal Register notice of the availability for comment of the proposed terms and conditions of applications for contract market designation, swap execution facility and swap data repository registration, and to determine to publish, and to publish, requests for public comment on proposed exchange, swap execution facility, or swap data repository rules, and rule amendments, when there exists novel or complex issues that require additional time to analyze, an inadequate explanation by the submitting registered entity, or a potential inconsistency with the Act, including regulations under the Act. (b) The Commodity Futures Trading Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Market Oversight or the Director's designee, and to the Director of the Director of the Market Participants Division or the Director's designee, and to the Director of the Division of Clearing and Risk or the Director's designee, with the concurrence of the General Counsel or the General Counsel's designee, the authority to determine to publish, and to publish, in the Federal Register, requests for public comment on proposed rule amendments by a derivatives clearing organization, designated contract market, swap data repository, swap execution facility, or registered futures association when publication of the proposed rule amendment is in the public interest and will assist the Commission in considering the views of interested persons. (c) The Director of the Division of Market Oversight or the Director of the Market Participants Division or the Director of the Division of Clearing and Risk or the Dir… | ||||
| 17:17:2.0.1.1.12.2.1.26 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.97 [Reserved] | CFTC | ||||||
| 17:17:2.0.1.1.12.2.1.27 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.98 Publication of no-action, interpretative and exemption letters and other written communications. | CFTC | [57 FR 61291, Dec. 24, 1992] | (a) Except as provided in paragraphs (b) and (c) of this section, and except for applications for orders granting exemptions submitted pursuant to section 4(c) of the Commodity Exchange Act and any written responses thereto, each written response by the Commission or its staff to a letter or other written communication requesting: (1) Interpretative legal advice with respect to the Commodity Exchange Act or any rule, regulation or order issued or adopted by the Commission thereunder; (2) A statement that, on the basis of the facts stated in such letter or other communication, the staff would not recommend that the Commission take any enforcement action; or (3) An exemption, on the basis of the facts stated in such letter or other communication, from the provisions of the Commodity Exchange Act or any rules, or regulations or orders issued or adopted by the Commission thereunder; shall be made available, together with the letter or other written communication making the request, for inspection and copying by any person as soon as practicable after the response has been sent or given to the person requesting it. (b) Any person submitting a letter or other written communication making such a request may also submit therewith a request that the letter or other written communication, as well as any Commission or staff response thereto, be accorded confidential treatment for a specified period of time, not exceeding 120 days from the date of the response thereto, together with a statement setting forth the considerations upon which the request for such treatment is based. If the staff determines that the request is reasonable and appropriate it will be granted and the letter or other written communication as well as the response thereto will not be made available for public inspection or copying until the expiration of the specified period. If it appears to the staff that the request for confidential treatment should be denied, the staff shall so advise the person making the request and such person may withdraw the… | ||||
| 17:17:2.0.1.1.12.2.1.28 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.99 Requests for exemptive, no-action and interpretative letters. | CFTC | [63 FR 68181, Dec. 10, 1998, as amended at 65 FR 47859, Aug. 4, 2000; 66 FR 44967, Aug. 27, 2001; 67 FR 62353, Oct. 7, 2002; 69 FR 41426, July 9, 2004; 77 FR 66347, Nov. 2, 2012; 78 FR 22419, Apr. 16, 2013; 80 FR 59578, Oct. 2, 2015; 89 FR 71813, Sept. 4, 2024] | (a) Definitions. For the purpose of this section: (1) Exemptive letter means a written grant of relief issued by the staff of a Division of the Commission from the applicability of a specific provision of the Act or of a rule, regulation or order issued thereunder by the Commission. An exemptive letter may only be issued by staff of a Division when the Commission itself has exemptive authority and that authority has been delegated by the Commission to the Division in question. An exemptive letter binds the Commission and its staff with respect to the relief provided therein. Only the Beneficiary may rely upon the exemptive letter. (2) No-action letter means a written statement issued by the staff of a Division of the Commission or of the Office of the General Counsel that it will not recommend enforcement action to the Commission for failure to comply with a specific provision of the Act or of a Commission rule, regulation or order if a proposed transaction is completed or a proposed activity is conducted by the Beneficiary. A no-action letter represents the position only of the Division that issued it, or the Office of the General Counsel if issued thereby. A no-action letter binds only the issuing Division or the Office of the General Counsel, as applicable, and not the Commission or other Commission staff. Only the Beneficiary may rely upon the no-action letter. (3) Interpretative letter means written advice or guidance issued by the staff of a Division of the Commission or the Office of the General Counsel. An interpretative letter binds only the issuing Division or the Office of the General Counsel, as applicable, and does not bind the Commission or other Commission staff. An interpretative letter may be relied upon by persons in addition to the Beneficiary. (4) Letter means an exemptive, no-action or interpretative letter. (5) Division means the Market Participants Division, the Division of Clearing and Risk, the Division of Market Oversight, the Division of Data, or the Office of the Gener… | ||||
| 17:17:2.0.1.1.12.2.1.3 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.12 Disposition of business by seriatim Commission consideration. | CFTC | [43 FR 43452, Sept. 26, 1978] | (a) Whenever the Chairman of the Commission is of the opinion that joint deliberation among the members of the Commission upon any matter is unnecessary in light of the nature of the matter, impracticable, or would impede the orderly disposition of agency business, but is of the view that such matter should be the subject of a vote of the Commission, such matter may be disposed of by circulation of any relevant materials concerning the matter. The relevant materials shall be circulated to each member of the Commission, unless a member is unavailable or has determined not to participate in the matter. A written record of the vote of each participating Commission member shall be reported to the Secretariat who shall retain it in the records of the Commission. (b) Whenever any member of the Commission so requests, any matter circulated for disposition pursuant to paragraph (a) of this section shall be withdrawn from circulation and scheduled instead for a Commission meeting. | ||||
| 17:17:2.0.1.1.12.2.1.4 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.13 Vacancy in position of Chairman. | CFTC | [43 FR 50167, Oct. 27, 1978, 89 FR 71813, Sept. 4, 2024] | At any time that a vacancy exists in the position of Chairman of the Commission the remaining members of the Commission shall elect a member to serve as acting Chairman who shall exercise the executive and administrative functions of the Commission that would otherwise be exercised by a Chairman in accordance with section 2(a)(6) of the Commodity Exchange Act, as amended, until a new Chairman has been appointed by the President and confirmed by the Senate: Provided, however, That if the President shall appoint a new Chairman from among the existing members of the Commission, that Commissioner shall serve as acting Chairman for these purposes until such time as their appointment as Chairman has been confirmed or rejected by the Senate. | ||||
| 17:17:2.0.1.1.12.2.1.5 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.14 Delegation of authority to the Secretary of the Commission. | CFTC | [44 FR 33677, June 12, 1979] | After the Commission has formally reached a decision or taken other action on a matter, has agreed upon the language of the document which embodies the Commission decision or other action, including, but not limited to, a rule, regulation or order, and has directed that the document be issued, the Secretary of the Commission (or a person designated in writing by the Secretary) shall sign the document on behalf of the Commission. Signature by the Secretary shall be a ministerial function and shall not be discretionary. The delegation to the Secretary of the authority to sign documents on the Commission's behalf shall not affect any other delegation which the Commission has made, or may make, which authorizes any other officer or employee of the Commission to take action and to sign documents on the Commission's behalf. In addition, the Commission reserves the authority to provide for signature on its behalf by the Chairman or any other member of the Commission in particular circumstances. | ||||
| 17:17:2.0.1.1.12.2.1.6 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.20 Designation of senior official to oversee Commission use of national security information. | CFTC | [44 FR 65736, Nov. 15, 1979, as amended at 61 FR 21955, May 13, 1996] | (a) The Executive Director is hereby designated to oversee the Commission's program to ensure the safeguarding of national security information received by the Commission from other agencies, to chair a Commission committee composed of members of the staff selected by him with authority to act on all suggestions and complaints with respect to the Commission administration of its information security program, and, in conjunction with the Security Officer of the Commission, to ensure that practices for safeguarding national security information are systematically reviewed and that those practices which are duplicative or unnecessary are eliminated. (b) The Executive Director may submit any matter for which he has been designated under paragraph (a) of this section to the Commission for its consideration. | ||||
| 17:17:2.0.1.1.12.2.1.7 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.21 Definitions. | CFTC | [48 FR 15464, Apr. 11, 1983] | (a) Classified information. Information or material that is: (1) Owned by, produced for or by, or under control of the United States Government, and (2) Determined pursuant to Executive Order 12356 or prior or succeeding orders to require protection against unauthorized disclosure, and (3) So designated. (b) Compromise. The disclosure of classified information to persons not authorized access thereto. (c) Custodians. An individual who has possession of or is otherwise charged with the responsibility for safeguarding or accounting for classified information. (d) Classification levels. Refers to Top Secret “(TS)”, Secret “(S)”, and Confidential “(C)” levels used to identify national security information. Markings “For Official Use Only,” and “Limited Official Use” shall not be used to identify national security information. | ||||
| 17:17:2.0.1.1.12.2.1.8 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.22 Procedures. | CFTC | [48 FR 15464, Apr. 11, 1983] | (a) Original classification. The Commodity Futures Trading Commission has no original classification authority. (b) Derivative classification. Personnel of the Commission shall respect the original classification markings assigned to information they receive from other agencies. (c) Declassification and downgrading. Since the Commission does no original classification of material, declassification and downgrading of sensitive material is not applicable. (d) Dissemination. All classified national security information which the Commission receives from any agency will be cared for and returned in accordance with the particular agency's policy guidelines and may not be disseminated to any other agency without the consent of the originating agency. | ||||
| 17:17:2.0.1.1.12.2.1.9 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | B | Subpart B—Functions | § 140.23 General access requirements. | CFTC | [48 FR 15464, Apr. 11, 1983] | (a) Determination of trustworthiness. No person shall be given access to classified information unless a favorable determination has been made as to the person's trustworthiness. The determination of eligibility, referred to as a security clearance, shall be based on such investigations as the Commission may require in accordance with the applicable Office of Personnel Management standards and criteria. (b) Determination of need-to-know. A person is not entitled to receive classified information solely by virtue of having been granted a security clearance. A person must also have a need for access to the particular classified information sought in connection with the performance of official government duties or contractual obligations. The determination of that need shall be made by officials having responsibility for the classified information. | ||||
| 17:17:2.0.1.1.12.3.1.1 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-1 Authority and purpose. | CFTC | [67 FR 5939, Feb. 8, 2002] | This subpart sets forth specific standards of conduct required of Commission members, employees of the Commission, and special government employees as well as regulations concerning former Commissioners, employees, and special government employees of the Commodity Futures Trading Commission. These rules are separate from and in addition to the Office of Government Ethics' conduct rules, Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part 2635. In addition, this subpart contains references to various statutes governing employee conduct in order to aid Commission members, employees of the Commission and others in their understanding of statutory restrictions and requirements. 1 Absent compelling countervailing reasons, all Commission members and employees are subject to all the terms of this section. 1 These references, however, do not purport to cover all restrictions and requirements, and paraphrased restatements of statutory provisions are not intended to be, and should not be construed as, verbatim quotations of the law. Statutory text should be consulted in any situation in which it might apply. | ||||
| 17:17:2.0.1.1.12.3.1.2 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-2 Prohibited transactions. | CFTC | [67 FR 5939, Feb. 8, 2002, as amended at 77 FR 66347, Nov. 2, 2012] | (a) Application. This section applies to all transactions effected by or on behalf of a Commission member or employee of the Commission, including transactions for the account of other persons effected by the member or employee, directly or indirectly under a power of attorney or otherwise. A member or employee shall be deemed to have a sufficient interest in the transactions of his or her spouse, minor child, or other relative who is a resident of the immediate household of the member or employee so that such transactions must be reported and are subject to all the terms of this section. (b) Prohibitions. Except as otherwise provided in this subsection, no member or employee of the Commission shall: (1) Participate, directly or indirectly, in any transaction: (i) In swaps; (ii) In commodity futures; (iii) In retail forex transactions, as that term is defined in § 5.1(m) of this chapter; (iv) Involving any commodity that is of the character of or which is commonly known to the trade as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, or decline guaranty; or (v) For the delivery of any commodity under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the same manner as such a standardized contract; (2) Effect any purchase or sale of a commodity option, futures contract, or swap involving a security or group of securities; (3) Sell a security which he or she does not own or consummate a sale by the delivery of a security borrowed by or for his or her account; (4) Participate, directly or indirectly, in any investment transaction in an actual commodity if: (i) Nonpublic information is used in the investment transaction; (ii) It is prohibited by rule or regulation of the Commission; or (iii) I… | ||||
| 17:17:2.0.1.1.12.3.1.3 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-2a Prohibited interests. | CFTC | [67 FR 5940, Feb. 8, 2002, as amended at 67 FR 62353, Oct. 7, 2002; 77 FR 66348, Nov. 2, 2012] | (a) Application. This section applies to all financial interests of a Commission member or employee of the Commission, including financial interests held by the member or employee for the account of other persons. A member or employee shall be deemed to have a sufficient interest in the financial interests of his or her spouse, minor child, or other relative who is a resident of the immediate household of the member or employee, so that such financial interests must be reported and are subject to all the terms of this section. (b) Prohibitions. Except as otherwise provided in this subsection, no member or employee of the Commission shall: (1) Have a financial interest, through ownership of securities or otherwise, in any person 5 registered with the Commission (including futures commission merchants, associated persons and agents of futures commission merchants, floor brokers, commodity trading advisors and commodity pool operators, and any other persons required to be registered in a fashion similar to any of the above under the Commodity Exchange Act or pursuant to any rule or regulation promulgated by the Commission), or any contract market, swap execution facility, swap data repository, board of trade, or other trading facility, or any derivatives clearing organization subject to regulation or oversight by the Commission; 6 5 As defined in section 1a(38) of the Commodity Exchange Act and 17 CFR 1.3(u) thereunder, a “person” includes an individual, association, partnership, corporation and a trust. 6 Attention is directed to 18 U.S.C. 208. 7 [Reserved] (c) Exceptions. The prohibitions in paragraph (b) of this section shall not apply to: (1) A financial interest in any publicly-available pooled investment vehicle (such as a mutual fund or exchange-traded fund) other than one operated by a person who is a commodity pool operator with respect to such entity if such vehicle does not have invested, or indicate in its prospectus the intent to invest, ten percent or more of its assets in secur… | ||||
| 17:17:2.0.1.1.12.3.1.4 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-3 Non-governmental employment and other outside activity. | CFTC | [ 77 FR 66348, Nov. 2, 2012] | A Commission member or employee shall not accept employment or compensation from any person, exchange, swap execution facility, swap data repository or derivatives clearing organization subject to regulation by the Commission. For purposes of this section, a person subject to regulation by the Commission includes but is not limited to a contract market, swap execution facility, swap data repository or derivatives clearing organization or member thereof, a registered futures commission merchant, any person associated with a futures commission merchant or with any agent of a futures commission merchant, floor broker, commodity trading advisor, commodity pool operator or any person required to be registered in a fashion similar to any of the above or file reports under the Act or pursuant to any rule or regulation promulgated by the Commission. 11 11 Attention is directed to section 2(a)(8) of the Commodity Exchange Act, which provides, among other things, that no Commission member or employee shall accept employment or compensation from any person, exchange or derivatives clearing organization (“clearinghouse”) subject to regulation by the Commission, or participate, directly or indirectly, in any contract market operations or transactions of a character subject to regulation by the Commission. | ||||
| 17:17:2.0.1.1.12.3.1.5 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-4 Receipt and disposition of foreign gifts and decorations. | CFTC | [47 FR 24115, June 3, 1982. Redesignated at 58 FR 52658, Oct. 12, 1993; 63 FR 32733, June 16, 1998] | (a) For purposes of this section only: (1) Commission member or employee means any Commission member or any person employed by or who occupies an office or a position in the Commission; an expert or consultant under contract with the Commission, or in the case of an organization performing services under such contract, any individual involved in the performance of such service; and the spouse, unless the individual and his or her spouse are separated, and any dependent, as defined by section 152 of the Internal Revenue Code of 1954, of any such person. (2) Foreign government means: (A) Any unit of foreign governmental authority, including any foreign national, state, local, and municipal government; (B) Any international or multinational organization whose membership is composed of any unit of foreign government described in paragraph (a)(2)(A) of this section; and (C) Any agent or representative of any such unit or such organization, while acting as such. (3) Gift means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government, except grants and other forms of assistance to which section 108A of the Mutual Educational and Cultural Exchange Act of 1961 applies. (4) Decoration means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government. (5) Minimal value means a retail value in the United States at the time of acceptance of $140 or less, except as redefined to reflect changes in the consumer price index at three year intervals by the Administrator of General Services pursuant to authority granted in 5 U.S.C. 7342(a)(5)(A). (b) Commission members and employees shall not: (1) Request or otherwise encourage the tender of a gift or decoration; (2) Accept a gift of currency, except that which has an historical or numismatic value; (3) Accept gifts of travel or gifts of expenses for travel, such as transportation, food and lodging, from foreign governments, other than those authorized in … | ||||
| 17:17:2.0.1.1.12.3.1.6 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-5 Disclosure of information. | CFTC | [58 FR 52658, Oct. 12, 1993] | A Commission employee or former employee shall not divulge, or cause or allow to be divulged, confidential or non-public commercial, economic or official information to any unauthorized person, or release such information in advance of authorization for its release. 9 Except as directed by the Commission or its General Counsel as provided in these regulations, no Commission employee or former employee is authorized to accept service of any subpoena for documentary information contained in or relating to the files of the Commission. Any employee or former employee who is served with a subpoena requiring testimony regarding non-public information or documents shall, unless the Commission authorizes the disclosure of such information, respectfully decline to disclose the information or produce the documents called for, basing his refusal on these regulations. 10 Any employee or former employee who is served with a subpoena calling for information regarding the Commission's business shall promptly advise the General Counsel of the service of such subpoena, the nature of the information or documents sought, and any circumstances which may bear upon the desirability of making such information or document available in the public interest. 11 In any proceeding in which the Commission is not a party, no employee of the Commission shall testify concerning matters related to the business of the Commission unless authorized to do so by the Commission. 9 Attention is directed to section 9(d) of the Commodity Exchange Act, which provides that it shall be a felony punishable by a fine of not more than $500,000 or imprisonment for not more than five years, or both, together with the costs of prosecution—(1) for any Commissioner of the Commission or any employee or agent thereof who, by virtue of his employment or position, acquires information which may affect or tend to affect the price of any commodity future or commodity and which information has not been promptly made public, to impart such information wi… | ||||
| 17:17:2.0.1.1.12.3.1.7 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-6 Practice by former members and employees of the Commission. | CFTC | [58 FR 52658, Oct. 12, 1993; 58 FR 58593, Nov. 2, 1993] | (a) Personal and substantial participation or nonpublic knowledge of a particular matter. No person who has been a member or employee of the Commission shall ever knowingly make, with the intent to influence, any communication to or appearance before the Commission in connection with any particular matter involving a specific party or parties 12 in which such person, or one participating with him or her in the particular matter, participated personally and substantially, or gained nonpublic knowledge of facts thereof, while with the Commission. 13 12 The phrase “particular matter involving a specific party or parties” does not apply to general rulemaking, general policy and standards formulation or other similar matters. See § 2637.201(c)(1) of the regulations of the Office of Government Ethics, 5 CFR 2637.201(c)(1); cf. , memorandum of the Attorney General dealing with the conflict-of-interest provisions prior to amendment by the Ethics in Government Act (reproduced following 18 U.S.C. 201). 13 Attention is directed to 18 U.S.C. 207(a)(1), as amended, which generally prohibits former Federal officers and employees permanently from knowingly making, with the intent to influence, any communication to or appearance before any Federal (or District of Columbia) department, agency or court, or court martial, or any officer or employee thereof, in connection with any particular matter involving a specific party or parties in which the United States (or the District of Columbia) is a party or has a direct and substantial interest and in which the former officer or employee participated personally and substantially while with the government. (b) Particular matter under an individual's official responsibility. No person who has been a member or employee of the Commission shall, within two years after that employment has ceased, knowingly make, with the intent to influence, any communication to or appearance before the Commission in connection with a particular matter involving a specific party or parti… | ||||
| 17:17:2.0.1.1.12.3.1.8 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-7 Statutory violations applicable to conduct of Commission members and employees. | CFTC | [58 FR 52660, Oct. 12, 1993] | A violation of section 2(a)(7), 8 or 9 (c) or (d) of the Commodity Exchange Act, as amended, shall be deemed to be a violation of this subpart as well. | ||||
| 17:17:2.0.1.1.12.3.1.9 | 17 | Commodity and Securities Exchanges | I | 140 | PART 140—ORGANIZATION, FUNCTIONS, AND PROCEDURES OF THE COMMISSION | C | Subpart C—Regulation Concerning Conduct of Members and Employees and Former Members and Employees of the Commission | § 140.735-8 Interpretative and advisory service. | CFTC | [58 FR 52660, Oct. 12, 1993, as amended at 61 FR 21955, May 13, 1996; 62 FR 13302, Mar. 20, 1997; 67 FR 5941, Feb. 8, 2002] | (a) Counselor for the Commission. The General Counsel, or his or her designee, will serve as Counselor for the Commission and as the Commission's representative to the Office of Government Ethics, on matters covered by this subpart. The General Counsel will also serve as the Commission's designated agency ethics official to review the financial reports filed by high-level Commission officials under title II of the Ethics in Government Act, as well as otherwise to coordinate and manage the Commission's ethics program. (b) Duties of the Counselor. The Counselor shall: (1) Coordinate the agency's counseling services and assure that counseling and interpretations on questions of conflict of interests and other matters covered by the regulations in this subpart are available as needed to Regional Deputy Counselors, who shall be appointed by the General Counsel, in coordination with the Chairman of the Commission, for each Regional Office of the Commission; (2) Render authoritative advice and guidance on matters covered by the regulations in this subpart which are presented to him or her by employees in the Washington, DC headquarters office; and (3) Receive information on, and resolve or forward to the Commission for consideration, any conflict of interests or apparent conflict of interests which appears in the annual financial disclosure (Standard Form 278 or Standard Form 450), or is disclosed to the General Counsel by a member or employee pursuant to § 140.735-2a(d) of this part, or otherwise is made known to the General Counsel. (i) A conflict of interests or apparent conflict of interests is considered resolved by the General Counsel when the affected member or employee has executed an ethics agreement pursuant to 5 CFR 2634.801 et seq. to undertake specific actions in order to resolve the actual or apparent conflict. (ii) If, after advice and guidance from the General Counsel, a member or employee does not execute an ethics agreement, the conflict of interests is considered unresolved and must be r… | ||||
| 33:33:2.0.1.3.8.1.33.1 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.1 Purpose. | USCG | This subchapter is intended to promote safety of life and property on Outer Continental Shelf (OCS) facilities, vessels, and other units engaged in OCS activities, protect the marine environment, and implement the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq. ), as amended by the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372, 92 Stat. 629). | ||||
| 33:33:2.0.1.3.8.1.33.10 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.30 Judicial review. | USCG | (a) Nothing in this subchapter shall be construed to prevent any interested party from seeking judicial review as authorized by law. (b) Judicial review of the regulations in this subchapter, or any final ruling or order of the Commandant or that person's delegate pursuant to the Act or the regulations in this subchapter, is governed by the judicial review provisions of section 23 of the Act (43 U.S.C. 1349). | ||||
| 33:33:2.0.1.3.8.1.33.11 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.35 Sanctions. | USCG | [CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 96-052, 62 FR 16703, Apr. 8, 1997] | (a) Any person who fails to comply with: (1) Any provision of the Act; (2) Any regulation in this subchapter; or (3) Any order issued under the Act or the regulations in this subchapter by the Commandant, a District Commander, or an Officer in Charge, Marine Inspection, after notice of the failure and after expiration of any reasonable period allowed for corrective action, shall be liable for a civil penalty for each day of the continuance of the failure. (b) Any person who knowingly and willfully: (1) Violates any provision of the Act; (2) Violates any regulation in this subchapter designed to protect health, safety, or the environment; (3) Violates any order of the Commandant, District Commander, or Officer in Charge, Marine Inspection, issued under the Act or the regulations in this subchapter that is designed to protect health, safety, or the environment; (4) Makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under the Act or the regulations in this subchapter; (5) Falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under this Act or the regulations in this subchapter; or (6) Reveals any data or information required to be kept confidential by the Act shall, upon conviction, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. Each day that a violation under paragraph (b)(1), (b)(2), or (b)(3) of this section continues, or each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in paragraph (b)(5) of this section, constitutes a separate violation. (c) Whenever a corporation or other entity is subject to prosecution under paragraph (b) of this section, any officer or agent of the corporation or entity who knowingly and willfully authorized, ordered, or carried out the prescribed activity shall be subject to the same fines or i… | |||
| 33:33:2.0.1.3.8.1.33.12 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.40 Processing penalty cases. | USCG | Apparent violations of the regulations in this subchapter are processed in accordance with subpart 1.07 of 33 CFR part 1 on civil and criminal penalty proceedings, except as follows: (a) The District Commander refers civil penalty cases to the Secretary of the Interior, or that person's delegate, who, under the Act, assesses, collects, and compromises civil penalties. (b) If a possible violation investigated by the Coast Guard carries both a civil and a criminal penalty, the District Commander determines whether to refer the case to the U.S. Attorney for criminal prosecution or to the Secretary of the Interior, or that person's delegate, for civil penalty proceedings. (c) When the U.S. Attorney declines to institute criminal proceedings, the District Commander decides whether to refer the case to the Secretary of the Interior, or that person's delegate, for civil penalty proceedings or to close the case. | ||||
| 33:33:2.0.1.3.8.1.33.2 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.3 Applicability. | USCG | [CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by USCG-2012-0196, 81 FR 48242, July 22, 2016] | Unless otherwise stated, this subchapter applies to OCS facilities, vessels, and other units engaged in OCS activities as the term “OCS activities” is defined in § 140.10. This subchapter does not apply to pipelines and deepwater ports (as the term “deepwater port” is defined in section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502)). The regulations in this subchapter (parts 140 through 147) have preemptive effect over state or local regulations in the same field. | |||
| 33:33:2.0.1.3.8.1.33.3 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.4 Relationship to other law. | USCG | (a) Design and equipment requirements of this subchapter for OCS facilities, including mobile offshore drilling units in contact with the seabed of the OCS for exploration or exploitation of subsea resources, are in addition to the regulations and orders of the U.S. Geological Survey applicable to those facilities. (b) Any apparent conflict between the application of any requirement of this subchapter and any regulation or order of the U.S. Geological Survey should immediately be brought to the attention of the Officer in Charge, Marine Inspection. (c) This subchapter does not establish design requirements for fixed OCS facilities or regulate drilling or production equipment on any OCS facility or attending vessel, except for matters affecting navigation or workplace safety or health. | ||||
| 33:33:2.0.1.3.8.1.33.4 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.5 Exemptions during construction. | USCG | The Officer in Charge, Marine Inspection, may exempt any unit under construction from any requirements of this subchapter that would be impracticable or unreasonable to apply during construction or erection of the unit. | ||||
| 33:33:2.0.1.3.8.1.33.5 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.7 Incorporation by reference. | USCG | [USCG-2012-0196, 81 FR 48242, July 22, 2016] | (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. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG-4), 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 National Standards Institute (ANSI), 25 West 43rd Street, New York, NY 10036, 212-642-4900, https://www.ansi.org . (1) ANSI A10.14-1975, Requirements for Safety Belts, Harnesses, Lanyards, Lifelines, and Drop Lines for Construction and Industrial Use, IBR approved for § 142.42(b). (2) ANSI/UL 1123-1987, Standard for Marine Buoyant Devices, IBR approved for § 143.405(a). (3) ANSI Z41-1983, American National Standard for Personal Protection-Protective Footwear, IBR approved for § 142.33(a) and (b). (4) ANSI Z87.1-1979, Practice for Occupational and Educational Eye and Face Protection, IBR approved for § 142.27(a) and (c). (5) ANSI Z88.2-1980, Practices for Respiratory Protection, IBR approved for § 142.39(a) through (c). (6) ANSI Z89.1-1981, Safety Requirements for Industrial Head Protection, IBR approved for § 142.30(a) and (b). (c) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org . (1) IMO Assembly Resolution A.414 (XI), Code for Construction and Equipment of Mobile Offshore Drilling Units, IBR approved for §§ 143.207(c) and 146.205(c). (2) [Reserved] (d) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org . (1) NFPA 10, Standard for Po… | |||
| 33:33:2.0.1.3.8.1.33.6 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.10 Definitions. | USCG | [CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 79-077, 51 FR 25059, July 10, 1986; CGD 84-098b, 54 FR 21571, May 18, 1989; USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; USCG-2011-0257, 76 FR 31837, June 2, 2011; USCG-2013-0797, 79 FR 36405, June 27, 2014; USCG-2012-0850, 80 FR 16990, Mar. 31, 2015] | As used in this subchapter: Act means the Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 1331 et seq. ), as amended by the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372). Approved means approved by the Commandant, unless otherwise indicated. Attending vessel means a vessel which is moored close to and readily accessible from an OCS facility for the purpose of providing power, fuel, or other services to the operation being conducted on the facility. Bureau of Safety and Environmental Enforcement inspector or BSEE inspector means an individual employed by the Bureau of Safety and Environmental Enforcement who inspects fixed OCS facilities on behalf of the Coast Guard to determine whether the requirements of this subchapter are met. Commandant means Commandant of the Coast Guard or that person's authorized representative. Constructed means the date— (1) The vessel's keel was laid; or (2) Construction identifiable with the vessel or facility began and assembly of that vessel or facility commenced comprising of 50 metric tons or at least 1 percent of the estimated mass of all structural material, whichever is less. Development means those activities which take place following discovery of minerals in paying quantities, including, but not limited to, geophysical activity, drilling, and platform construction, and which are for the purpose of ultimately producing the minerals discovered. District Commander means an officer who commands a Coast Guard District described in part 3 of this chapter or that person's authorized representative. Exploration means the process of searching for minerals, including, but not limited to, (1) geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals, and (2) any drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or natural gas in paying quantities is made and the drilling of any additional delineation … | |||
| 33:33:2.0.1.3.8.1.33.7 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.15 Equivalents and approved equipment. | USCG | [CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended at CGD 88-052, 53 FR 25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; USCG-2010-0351, 75 FR 36283, June 25, 2010; USCG-2014-0410, 79 FR 38434, July 7, 2014] | (a) The use of alternate equipment or procedures for those specified in this subchapter may be permitted by an Officer in Charge, Marine Inspection, to the extent and upon conditions as will insure a degree of safety comparable to or greater than that provided by the minimum standards in this subchapter. (b) Where equipment in this subchapter is required to be of an approved type, the equipment requires the specific approval of the Commandant. Approvals are published in the Federal Register and COMDTINST M16714.3 (Series) Equipment List, available from Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. (c) Specifications for certain items required to be of an approved type are contained in 46 CFR parts 160 through 164. | |||
| 33:33:2.0.1.3.8.1.33.8 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.20 Delegations. | USCG | (a) Each District Commander is responsible for the administration and enforcement of the regulations in this subchapter within that person's assigned district. (b) Under the general superintendence of the District Commander, the Officer in Charge, Marine Inspection, is delegated authority to administer and enforce the regulations in this subchapter. (c) Authority delegated under this section may be redelegated as necessary by the delegate. | ||||
| 33:33:2.0.1.3.8.1.33.9 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | A | Subpart A—General | § 140.25 Appeals. | USCG | (a) Any person directly affected by an action or decision of an Officer in Charge, Marine Inspection, under the Act or the regulations in this subchapter may request reconsideration of that action or decision. If still dissatisfied, that person may appeal the action or decision of the Officer in Charge, Marine Inspection, within 30 days to the District Commander of the District in which the action was taken or the decision made. The District Commander issues a decision after reviewing the appeal submitted under this paragraph. (b) Any person not satisfied with the decision of a District Commander may appeal that decision within 30 days to the Commandant, who issues a ruling after reviewing the appeal submitted under this paragraph. Rulings of the Commandant constitute final agency action. (c) An appeal to the District Commander or Commandant: (1) Must be made in writing, except in an emergency when an oral appeal may be accepted; (2) Must be submitted to the District Commander of the District in which the action was taken or the decision made; (3) Must describe the decision or action being appealed; (4) Must state the reasons why the action or decision should be set aside or modified; and (5) May contain any supporting documents and evidence that the appellant wishes to have considered. (d) Pending determination of any appeal, the action or decision appealed remains in effect, unless suspended by the District Commander to whom the appeal was made or by the Commandant. | ||||
| 33:33:2.0.1.3.8.2.33.1 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | B | Subpart B—Inspections | § 140.101 Inspection by Coast Guard marine inspectors or Bureau of Safety and Environmental Enforcement inspectors. | USCG | [CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD 84-098a, 53 FR 18980, May 26, 1988; USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; USCG-2011-0257, 76 FR 31837, June 2, 2011; USCG-2013-0797, 79 FR 35405, June 27, 2014] | (a) Each unit engaged in OCS activities is subject to inspection by the Coast Guard. (b) On behalf of the Coast Guard, each fixed OCS facility engaged in OCS activities is subject to inspection by the Bureau of Safety and Environmental Enforcement (BSEE). (c) Under the direction of the Officer in Charge, Marine Inspection, Coast Guard marine inspectors may inspect units engaged in OCS activities, and BSEE inspectors may inspect fixed OCS facilities, to determine whether the requirements of this subchapter are met. These inspections may be conducted with or without advance notice at any time deemed necessary by the Officer in Charge, Marine Inspection, or BSEE. (d) As part of an inspection, a Coast Guard marine inspector or a BSEE inspector may review records and require and observe the conduct of emergency drills and other tests and procedures as may be necessary to demonstrate to that person's satisfaction that the unit and its equipment are in full compliance with applicable Coast Guard regulations. The Coast Guard marine inspector or the BSEE inspector consults with the person in charge of the unit before requiring a drill or other test or procedure to be conducted to minimize disruption of unit activities and risk to life or property. (e) Coast Guard inspections of foreign units recognize valid international certificates accepted by the United States, including Safety of Life at Sea (SOLAS), Loadline, and Mobile Offshore Drilling Unit (MODU) Code certificates for matters covered by the certificates, unless there are clear grounds for believing that the condition of the unit or its equipment does not correspond substantially with the particulars of the certificate. (f) Coast Guard marine inspectors conduct an initial inspection of each fixed OCS facility to determine whether the facility is in compliance with the requirements of this subchapter. | |||
| 33:33:2.0.1.3.8.2.33.2 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | B | Subpart B—Inspections | § 140.103 Annual inspection of fixed OCS facilities. | USCG | [CGD 84-098a, 53 FR 18980, May 26, 1988, as amended by USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; USCG-2011-0257, 76 FR 31837, June 2, 2011; USCG-2013-0797, 79 FR 36405, June 27, 2014] | (a) The owner or operator of each fixed OCS facility shall ensure that the facility is inspected, at intervals not to exceed 12 months, to determine whether the facility is in compliance with the requirements of this subchapter. (b) Except for initial inspections under § 140.101(f), inspections by Coast Guard marine inspectors and Bureau of Safety and Environmental Enforcement (BSEE) inspectors do not meet the requirements for an inspection under paragraph (a) of this section. (c) Except for initial inspections under § 140.101(f), the results of the inspection under paragraph (a) of this section must be recorded on form CG-5432. Forms CG-5432 may be obtained from the Officer in Charge, Marine Inspection. A copy of the completed form must be kept for 2 years after the inspection under paragraph (a) of this section is conducted and the form made available to the Coast Guard and BOEMRE on request. For manned fixed OCS facilities, the copy of the completed form must be kept on the facility. For unmanned fixed OCS facilities, the copy of the completed form must be kept either at the nearest manned fixed OCS facility or, if there is no manned fixed OCS facility in the area, at the nearest field office of the owner or operator. In addition, the owner or operator must submit, to the appropriate BSEE District office, a copy of each completed form CG-5432 that indicates outstanding deficiencies or hazards, within 30 days after completion of the inspection. | |||
| 33:33:2.0.1.3.8.2.33.3 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | B | Subpart B—Inspections | § 140.105 Correction of deficiencies and hazards. | USCG | [CGD84-098a, 53 FR 18981, May 26, 1988, as amended by USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; USCG-2013-0797, 79 FR 36405, June 27, 2014] | (a) Lifesaving and fire fighting equipment which is found defective during an inspection by a Coast Guard marine inspector or a Bureau of Safety and Environmental Enforcement (BSEE) inspector and which, in the opinion of the inspector, cannot be satisfactorily repaired must be so mutilated in the presence of the inspector that it cannot be used for the purpose for which it was originally intended. Lifesaving and fire fighting equipment subsequently determined to be unrepairable must be similarly mutilated in the presence of the person making that determination. (b) Any deficiency or hazard discovered during an inspection by a Coast Guard marine inspector or a BSEE inspector is reported to the unit's owner or operator, who shall have the deficiency or hazard corrected or eliminated as soon as practicable and within the period of time specified by the inspector. (c) Deficiencies and hazards discovered during an inspection of a fixed OCS facility under § 140.103(a) must be corrected or eliminated, if practicable, before the form CG-5432 is completed. Deficiencies and hazards that are not corrected or eliminated by the time the form is completed must be indicated on the form as “outstanding” and the form submitted to the appropriate BSEE District office. Upon receipt of a form CG-5432 indicating outstanding deficiencies or hazards, BSEE informs, by letter, the owner or operator of the fixed OCS facility of the deficiencies or hazards and the time period specified to correct or eliminate the deficiencies or hazards. (d) For lifesaving and fire fighting equipment deficiencies on fixed OCS facilities that cannot be corrected before the submission of form CG-5432, the owner or operator must contact the appropriate BSEE District Supervisor to request a time period for repair of the item. The owner or operator must include a description of the deficiency and the time period approved by BSEE for correction of the deficiency in the comment section of form CG-5432. (e) Where a deficiency or hazard remains uncorrected or u… | |||
| 33:33:2.0.1.3.8.3.33.1 | 33 | Navigation and Navigable Waters | I | N | 140 | PART 140—GENERAL | C | Subpart C—Investigations | § 140.201 General. | USCG | Under the direction of the Officer in Charge, Marine Inspection, investigating officers investigate the following incidents occurring as a result of OCS activities: (a) Death. (b) Injury resulting in substantial impairment of any bodily unit or function. (c) Fire which causes death, serious injury or property damage exceeding $25,000. (d) Oil spillage exceeding two hundred barrels of oil in one occurrence during a thirty-day period. (e) Other injuries, casualties, accidents, complaints of unsafe working conditions, fires, pollution, and incidents occurring as a result of OCS activities as the Officer in Charge, Marine Inspection, deems necessary to promote the safety of life or property or protect the marine environment. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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