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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:3.0.1.2.20.1.3.1 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | A | Subpart A—General | § 145.1 Applicability. | FAA | This part describes how to obtain a repair station certificate. This part also contains the rules a certificated repair station must follow related to its performance of maintenance, preventive maintenance, or alterations of an aircraft, airframe, aircraft engine, propeller, appliance, or component part to which part 43 applies. It also applies to any person who holds, or is required to hold, a repair station certificate issued under this part. | ||||
| 14:14:3.0.1.2.20.1.3.2 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | A | Subpart A—General | § 145.3 Definition of terms. | FAA | For the purposes of this part, the following definitions apply: (a) Accountable manager means the person designated by the certificated repair station who is responsible for and has the authority over all repair station operations that are conducted under part 145, including ensuring that repair station personnel follow the regulations and serving as the primary contact with the FAA. (b) Article means an aircraft, airframe, aircraft engine, propeller, appliance, or component part. (c) Directly in charge means having the responsibility for the work of a certificated repair station that performs maintenance, preventive maintenance, alterations, or other functions affecting aircraft airworthiness. A person directly in charge does not need to physically observe and direct each worker constantly but must be available for consultation on matters requiring instruction or decision from higher authority. (d) Line maintenance means — (1) Any unscheduled maintenance resulting from unforeseen events; or (2) Scheduled checks that contain servicing and/or inspections that do not require specialized training, equipment, or facilities. | ||||
| 14:14:3.0.1.2.20.1.3.3 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | A | Subpart A—General | § 145.5 Certificate and operations specifications requirements. | FAA | (a) No person may operate as a certificated repair station without, or in violation of, a repair station certificate, ratings, or operations specifications issued under this part. (b) The certificate and operations specifications issued to a certificated repair station must be available on the premises for inspection by the public and the FAA. | ||||
| 14:14:3.0.1.2.20.1.3.4 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | A | Subpart A—General | § 145.12 [Reserved] | FAA | |||||
| 14:14:3.0.1.2.20.2.3.1 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | B | Subpart B—Certification | § 145.51 Application for certificate. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014] | (a) An application for a repair station certificate and rating must be made in a format acceptable to the FAA and must include the following: (1) A repair station manual acceptable to the FAA as required by § 145.207; (2) A quality control manual acceptable to the FAA as required by § 145.211(c); (3) A list by type, make, or model, as appropriate, of each article for which the application is made; (4) An organizational chart of the repair station and the names and titles of managing and supervisory personnel; (5) A description of the housing and facilities, including the physical address, in accordance with § 145.103; (6) A list of the maintenance functions, for approval by the FAA, to be performed for the repair station under contract by another person in accordance with § 145.217; and (7) A training program for approval by the FAA in accordance with § 145.163. (b) The equipment, personnel, technical data, and housing and facilities required for the certificate and rating, or for an additional rating, must be in place for inspection at the time of certification or rating approval by the FAA. However, the requirement to have the equipment in place at the time of initial certification or rating approval may be met if the applicant has a contract acceptable to the FAA with another person to make the equipment available to the repair station at any time it is necessary when the relevant work is being performed. (c) In addition to meeting the other applicable requirements for a repair station certificate and rating, an applicant for a repair station certificate and rating located outside the United States must meet the following requirements: (1) The applicant must show that the repair station certificate and/or rating is necessary for maintaining or altering the following: (i) U.S.-registered aircraft and articles for use on U.S.-registered aircraft, or (ii) Foreign-registered aircraft operated under the provisions of part 121 or part 135, and articles for use on these aircraft. (2) The applicant must s… | |||
| 14:14:3.0.1.2.20.2.3.2 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | B | Subpart B—Certification | § 145.53 Issue of certificate. | FAA | [Docket FAA-2003-15085, 70 FR 58831, Oct. 7, 2005, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014] | (a) Except as provided in § 145.51(e) or paragraph (b), (c), or (d) of this section, a person who meets the requirements of subparts A through E of this part is entitled to a repair station certificate with appropriate ratings prescribing such operations specifications and limitations as are necessary in the interest of safety. (b) If the person is located in a country with which the United States has a bilateral aviation safety agreement, the FAA may find that the person meets the requirements of this part based on a certification from the civil aviation authority of that country. This certification must be made in accordance with implementation procedures signed by the Administrator or the Administrator's designee. (c) Before a repair station certificate can be issued for a repair station that is located within the United States, the applicant shall certify in writing that all “hazmat employees” (see 49 CFR 171.8) for the repair station, its contractors, or subcontractors are trained as required in 49 CFR part 172 subpart H. (d) Before a repair station certificate can be issued for a repair station that is located outside the United States, the applicant shall certify in writing that all employees for the repair station, its contractors, or subcontractors performing a job function concerning the transport of dangerous goods (hazardous material) are trained as outlined in the most current edition of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air. | |||
| 14:14:3.0.1.2.20.2.3.3 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | B | Subpart B—Certification | § 145.55 Duration and renewal of certificate. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014] | (a) A certificate or rating issued to a repair station located in the United States is effective from the date of issue until the repair station surrenders the certificate and the FAA accepts it for cancellation, or the FAA suspends or revokes it. (b) A certificate or rating issued to a repair station located outside the United States is effective from the date of issue until the last day of the 12th month after the date of issue unless the repair station surrenders the certificate and the FAA accepts it for cancellation, or the FAA suspends or revokes it. The FAA may renew the certificate or rating for 24 months if the repair station has operated in compliance with the applicable requirements of part 145 within the preceding certificate duration period. (c) A certificated repair station located outside the United States that applies for a renewal of its repair station certificate must— (1) Submit its request for renewal no later than 30 days before the repair station's current certificate expires. If a request for renewal is not made within this period, the repair station must follow the application procedures in § 145.51. (2) Send its request for renewal to the FAA office that has jurisdiction over the certificated repair station. (3) Show that the fee prescribed by the FAA has been paid. (d) The holder of an expired, surrendered, suspended, or revoked certificate must return it to the FAA. | |||
| 14:14:3.0.1.2.20.2.3.4 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | B | Subpart B—Certification | § 145.57 Amendment to or transfer of certificate. | FAA | [Docket FAA-2006-26408, 79 FR 46984, Aug. 12, 2014] | (a) A repair station certificate holder applying for a change to its certificate must submit a request in a format acceptable to the Administrator. A change to the certificate must include certification in compliance with § 145.53(c) or (d), if not previously submitted. A certificate change is necessary if the certificate holder— (1) Changes the name or location of the repair station, or (2) Requests to add or amend a rating. (b) If the holder of a repair station certificate sells or transfers its assets and the new owner chooses to operate as a repair station, the new owner must apply for an amended or new certificate in accordance with § 145.51. | |||
| 14:14:3.0.1.2.20.2.3.5 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | B | Subpart B—Certification | § 145.59 Ratings. | FAA | The following ratings are issued under this subpart: (a) Airframe ratings. (1) Class 1: Composite construction of small aircraft. (2) Class 2: Composite construction of large aircraft. (3) Class 3: All-metal construction of small aircraft. (4) Class 4: All-metal construction of large aircraft. (b) Powerplant ratings. (1) Class 1: Reciprocating engines of 400 horsepower or less. (2) Class 2: Reciprocating engines of more than 400 horsepower. (3) Class 3: Turbine engines. (c) Propeller ratings. (1) Class 1: Fixed-pitch and ground-adjustable propellers of wood, metal, or composite construction. (2) Class 2: Other propellers, by make. (d) Radio ratings. (1) Class 1: Communication equipment. Radio transmitting and/or receiving equipment used in an aircraft to send or receive communications in flight, regardless of carrier frequency or type of modulation used. This equipment includes auxiliary and related aircraft interphone systems, amplifier systems, electrical or electronic intercrew signaling devices, and similar equipment. This equipment does not include equipment used for navigating or aiding navigation of aircraft, equipment used for measuring altitude or terrain clearance, other measuring equipment operated on radio or radar principles, or mechanical, electrical, gyroscopic, or electronic instruments that are a part of communications radio equipment. (2) Class 2: Navigational equipment. A radio system used in an aircraft for en route or approach navigation. This does not include equipment operated on radar or pulsed radio frequency principles, or equipment used for measuring altitude or terrain clearance. (3) Class 3: Radar equipment. An aircraft electronic system operated on radar or pulsed radio frequency principles. (e) Instrument ratings. (1) Class 1: Mechanical. A diaphragm, bourdon tube, aneroid, optical, or mechanically driven centrifugal instrument used on aircraft or to operate aircraft, including tachometers, airspeed indicators, pressure gauges drift s… | ||||
| 14:14:3.0.1.2.20.2.3.6 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | B | Subpart B—Certification | § 145.61 Limited ratings. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2016-8744, Amdt. 145-31, 81 FR 49163, July 27, 2016] | (a) The FAA may issue a limited rating to a certificated repair station that maintains or alters only a particular type of airframe, powerplant, propeller, radio, instrument, or accessory, or part thereof, or performs only specialized maintenance requiring equipment and skills not ordinarily performed under other repair station ratings. Such a rating may be limited to a specific model aircraft, engine, or constituent part, or to any number of parts made by a particular manufacturer. (b) The FAA issues limited ratings for— (1) Airframes of a particular make and model; (2) Engines of a particular make and model; (3) Propellers of a particular make and model; (4) Instruments of a particular make and model; (5) Radio equipment of a particular make and model; (6) Accessories of a particular make and model; (7) Landing gear components; (8) Floats, by make; (9) Nondestructive inspection, testing, and processing; (10) Emergency equipment; (11) Rotor blades, by make and model; (12) Aircraft fabric work; (13) Any other purpose for which the FAA finds the applicant's request is appropriate. (c) For a limited rating for specialized services, the operations specifications of the repair station must contain the specification used to perform the specialized service. The specification may be— (1) A civil or military specification currently used by industry and approved by the FAA, or (2) A specification developed by the applicant and approved by the FAA. | |||
| 14:14:3.0.1.2.20.3.3.1 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | C | Subpart C—Housing, Facilities, Equipment, Materials, and Data | § 145.101 General. | FAA | A certificated repair station must provide housing, facilities, equipment, materials, and data that meet the applicable requirements for the issuance of the certificate and ratings the repair station holds. | ||||
| 14:14:3.0.1.2.20.3.3.2 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | C | Subpart C—Housing, Facilities, Equipment, Materials, and Data | § 145.103 Housing and facilities requirements. | FAA | [Docket FAA-2016-8744, Amdt. 145-31, 81 FR 49163, July 27, 2016] | (a) Each certificated repair station must provide— (1) Housing for the facilities, equipment, materials, and personnel consistent with its ratings and limitations. (2) Facilities for properly performing the maintenance, preventive maintenance, or alterations of articles or the specialized service for which it is rated. Facilities must include the following: (i) Sufficient work space and areas for the proper segregation and protection of articles during all maintenance, preventive maintenance, or alterations. (ii) Segregated work areas enabling environmentally hazardous or sensitive operations such as painting, cleaning, welding, avionics work, electronic work, and machining to be done properly and in a manner that does not adversely affect other maintenance or alteration articles or activities; (iii) Suitable racks, hoists, trays, stands, and other segregation means for the storage and protection of all articles undergoing maintenance, preventive maintenance, or alterations, and; (iv) Space sufficient to segregate articles and materials stocked for installation from those articles undergoing maintenance, preventive maintenance, or alterations to the standards required by this part. (v) Ventilation, lighting, and control of temperature, humidity, and other climatic conditions sufficient to ensure personnel perform maintenance, preventive maintenance, or alterations to the standards required by this part. (b) A certificated repair station may perform maintenance, preventive maintenance, or alterations on articles outside of its housing if it provides suitable facilities that are acceptable to the FAA and meet the requirements of § 145.103(a) so that the work can be done in accordance with the requirements of part 43 of this chapter. | |||
| 14:14:3.0.1.2.20.3.3.3 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | C | Subpart C—Housing, Facilities, Equipment, Materials, and Data | § 145.105 Change of location, housing, or facilities. | FAA | (a) A certificated repair station may not change the location of its housing without written approval from the FAA. (b) A certificated repair station may not make any changes to its housing or facilities required by § 145.103 that could have a significant effect on its ability to perform the maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications without written approval from the FAA. (c) The FAA may prescribe the conditions, including any limitations, under which a certificated repair station must operate while it is changing its location, housing, or facilities. | ||||
| 14:14:3.0.1.2.20.3.3.4 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | C | Subpart C—Housing, Facilities, Equipment, Materials, and Data | § 145.107 Satellite repair stations. | FAA | (a) A certificated repair station under the managerial control of another certificated repair station may operate as a satellite repair station with its own certificate issued by the FAA. A satellite repair station— (1) May not hold a rating not held by the certificated repair station with managerial control; (2) Must meet the requirements for each rating it holds; (3) Must submit a repair station manual acceptable to the FAA as required by § 145.207; and (4) Must submit a quality control manual acceptable to the FAA as required by § 145.211(c). (b) Unless the FAA indicates otherwise, personnel and equipment from the certificated repair station with managerial control and from each of the satellite repair stations may be shared. However, inspection personnel must be designated for each satellite repair station and available at the satellite repair station any time a determination of airworthiness or return to service is made. In other circumstances, inspection personnel may be away from the premises but must be available by telephone, radio, or other electronic means. (c) A satellite repair station may not be located in a country other than the domicile country of the certificated repair station with managerial control. | ||||
| 14:14:3.0.1.2.20.3.3.5 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | C | Subpart C—Housing, Facilities, Equipment, Materials, and Data | § 145.109 Equipment, materials, and data requirements. | FAA | (a) Except as otherwise prescribed by the FAA, a certificated repair station must have the equipment, tools, and materials necessary to perform the maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications in accordance with part 43. The equipment, tools, and material must be located on the premises and under the repair station's control when the work is being done. (b) A certificated repair station must ensure all test and inspection equipment and tools used to make airworthiness determinations on articles are calibrated to a standard acceptable to the FAA. (c) The equipment, tools, and material must be those recommended by the manufacturer of the article or must be at least equivalent to those recommended by the manufacturer and acceptable to the FAA. (d) A certificated repair station must maintain, in a format acceptable to the FAA, the documents and data required for the performance of maintenance, preventive maintenance, or alterations under its repair station certificate and operations specifications in accordance with part 43. The following documents and data must be current and accessible when the relevant work is being done: (1) Airworthiness directives, (2) Instructions for continued airworthiness, (3) Maintenance manuals, (4) Overhaul manuals, (5) Standard practice manuals, (6) Service bulletins, and (7) Other applicable data acceptable to or approved by the FAA. | ||||
| 14:14:3.0.1.2.20.4.3.1 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.151 Personnel requirements. | FAA | Each certificated repair station must— (a) Designate a repair station employee as the accountable manager; (b) Provide qualified personnel to plan, supervise, perform, and approve for return to service the maintenance, preventive maintenance, or alterations performed under the repair station certificate and operations specifications; (c) Ensure it has a sufficient number of employees with the training or knowledge and experience in the performance of maintenance, preventive maintenance, or alterations authorized by the repair station certificate and operations specifications to ensure all work is performed in accordance with part 43; and (d) Determine the abilities of its noncertificated employees performing maintenance functions based on training, knowledge, experience, or practical tests. | ||||
| 14:14:3.0.1.2.20.4.3.2 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.153 Supervisory personnel requirements. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46984, Aug. 12, 2014] | (a) A certificated repair station must ensure it has a sufficient number of supervisors to direct the work performed under the repair station certificate and operations specifications. The supervisors must oversee the work performed by any individuals who are unfamiliar with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations. (b) Each supervisor must— (1) If employed by a repair station located inside the United States, be appropriately certificated as a mechanic or repairman under part 65 of this chapter for the work being supervised. (2) If employed by a repair station located outside the United States— (i) Have a minimum of 18 months of practical experience in the work being performed; or (ii) Be trained in or thoroughly familiar with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations. (c) A certificated repair station must ensure its supervisors understand, read, and write English. | |||
| 14:14:3.0.1.2.20.4.3.3 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.155 Inspection personnel requirements. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46985, Aug. 12, 2014] | (a) A certificated repair station must ensure that persons performing inspections under the repair station certificate and operations specifications are— (1) Thoroughly familiar with the applicable regulations in this chapter and with the inspection methods, techniques, practices, aids, equipment, and tools used to determine the airworthiness of the article on which maintenance, preventive maintenance, or alterations are being performed; and (2) Proficient in using the various types of inspection equipment and visual inspection aids appropriate for the article being inspected. (b) A certificated repair station must ensure its inspectors understand, read, and write English. | |||
| 14:14:3.0.1.2.20.4.3.4 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.157 Personnel authorized to approve an article for return to service. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46985, Aug. 12, 2014] | (a) A certificated repair station located inside the United States must ensure each person authorized to approve an article for return to service under the repair station certificate and operations specifications is appropriately certificated as a mechanic or repairman under part 65. (b) A certificated repair station located outside the United States must ensure each person authorized to approve an article for return to service under the repair station certificate and operations specifications is— (1) Trained in or has 18 months practical experience with the methods, techniques, practices, aids, equipment, and tools used to perform the maintenance, preventive maintenance, or alterations; and (2) Thoroughly familiar with the applicable regulations in this chapter and proficient in the use of the various inspection methods, techniques, practices, aids, equipment, and tools appropriate for the work being performed and approved for return to service. (c) A certificated repair station must ensure each person authorized to approve an article for return to service understands, reads, and writes English. | |||
| 14:14:3.0.1.2.20.4.3.5 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.159 Recommendation of a person for certification as a repairman. | FAA | A certificated repair station that chooses to use repairmen to meet the applicable personnel requirements of this part must certify in a format acceptable to the FAA that each person recommended for certification as a repairman— (a) Is employed by the repair station, and (b) Meets the eligibility requirements of § 65.101. | ||||
| 14:14:3.0.1.2.20.4.3.6 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.160 Employment of former FAA employees. | FAA | [Docket FAA-2008-1154, 76 FR 52237, Aug. 22, 2011] | (a) Except as specified in paragraph (c) of this section, no holder of a repair station certificate may knowingly employ or make a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual, in the preceding 2 years— (1) Served as, or was directly responsible for the oversight of, a Flight Standards Service aviation safety inspector; and (2) Had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder. (b) For the purpose of this section, an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the agency if the individual makes any written or oral communication on behalf of the certificate holder to the agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a Flight Standards Service aviation safety inspector. (c) The provisions of this section do not prohibit a holder of a repair station certificate from knowingly employing or making a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual was employed by the certificate holder before October 21, 2011. | |||
| 14:14:3.0.1.2.20.4.3.7 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.161 Records of management, supervisory, and inspection personnel. | FAA | (a) A certificated repair station must maintain and make available in a format acceptable to the FAA the following: (1) A roster of management and supervisory personnel that includes the names of the repair station officials who are responsible for its management and the names of its supervisors who oversee maintenance functions. (2) A roster with the names of all inspection personnel. (3) A roster of personnel authorized to sign a maintenance release for approving a maintained or altered article for return to service. (4) A summary of the employment of each individual whose name is on the personnel rosters required by paragraphs (a)(1) through (a)(3) of this section. The summary must contain enough information on each individual listed on the roster to show compliance with the experience requirements of this part and must include the following: (i) Present title, (ii) Total years of experience and the type of maintenance work performed, (iii) Past relevant employment with names of employers and periods of employment, (iv) Scope of present employment, and (v) The type of mechanic or repairman certificate held and the ratings on that certificate, if applicable. (b) Within 5 business days of the change, the rosters required by this section must reflect changes caused by termination, reassignment, change in duties or scope of assignment, or addition of personnel. | ||||
| 14:14:3.0.1.2.20.4.3.8 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.163 Training requirements. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended at 70 FR 15581, Mar. 28, 2005; Amdt. 145-30, 79 FR 46985, Aug. 12, 2014; Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018] | (a) A certificated repair station must have and use an employee training program approved by the FAA that consists of initial and recurrent training. An applicant for a repair station certificate must submit a training program for approval by the FAA as required by § 145.51(a)(7). (b) The training program must ensure each employee assigned to perform maintenance, preventive maintenance, or alterations, and inspection functions is capable of performing the assigned task. (c) A certificated repair station must document, in a format acceptable to the FAA, the individual employee training required under paragraph (a) of this section. These training records must be retained for a minimum of 2 years. (d) A certificated repair station must submit revisions to its training program to its responsible Flight Standards office in accordance with the procedures required by § 145.209(e). | |||
| 14:14:3.0.1.2.20.4.3.9 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | D | Subpart D—Personnel | § 145.165 Hazardous materials training. | FAA | [Docket FAA-2003-15085, 70 FR 58831, Oct. 7, 2005] | (a) Each repair station that meets the definition of a hazmat employer under 49 CFR 171.8 must have a hazardous materials training program that meets the training requirements of 49 CFR part 172 subpart H. (b) A repair station employee may not perform or directly supervise a job function listed in § 121.1001 or § 135.501 for, or on behalf of the part 121 or 135 operator including loading of items for transport on an aircraft operated by a part 121 or part 135 certificate holder unless that person has received training in accordance with the part 121 or part 135 operator's FAA approved hazardous materials training program. | |||
| 14:14:3.0.1.2.20.5.3.1 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.201 Privileges and limitations of certificate. | FAA | (a) A certificated repair station may— (1) Perform maintenance, preventive maintenance, or alterations in accordance with part 43 on any article for which it is rated and within the limitations in its operations specifications. (2) Arrange for another person to perform the maintenance, preventive maintenance, or alterations of any article for which the certificated repair station is rated. If that person is not certificated under part 145, the certificated repair station must ensure that the noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station. (3) Approve for return to service any article for which it is rated after it has performed maintenance, preventive maintenance, or an alteration in accordance with part 43. (b) A certificated repair station may not maintain or alter any article for which it is not rated, and may not maintain or alter any article for which it is rated if it requires special technical data, equipment, or facilities that are not available to it. (c) A certificated repair station may not approve for return to service' (1) Any article unless the maintenance, preventive maintenance, or alteration was performed in accordance with the applicable approved technical data or data acceptable to the FAA. (2) Any article after a major repair or major alteration unless the major repair or major alteration was performed in accordance with applicable approved technical data; and (3) Any experimental aircraft after a major repair or major alteration performed under § 43.1(b) unless the major repair or major alteration was performed in accordance with methods and applicable technical data acceptable to the FAA. | ||||
| 14:14:3.0.1.2.20.5.3.10 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.217 Contract maintenance. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018] | (a) A certificated repair station may contract a maintenance function pertaining to an article to an outside source provided— (1) The FAA approves the maintenance function to be contracted to the outside source; and (2) The repair station maintains and makes available to its responsible Flight Standards office, in a format acceptable to the FAA, the following information: (i) The maintenance functions contracted to each outside facility; and (ii) The name of each outside facility to whom the repair station contracts maintenance functions and the type of certificate and ratings, if any, held by each facility. (b) A certificated repair station may contract a maintenance function pertaining to an article to a noncertificated person provided— (1) The noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station; (2) The certificated repair station remains directly in charge of the work performed by the noncertificated person; and (3) The certificated repair station verifies, by test and/or inspection, that the work has been performed satisfactorily by the noncertificated person and that the article is airworthy before approving it for return to service. (c) A certificated repair station may not provide only approval for return to service of a complete type-certificated product following contract maintenance, preventive maintenance, or alterations. | |||
| 14:14:3.0.1.2.20.5.3.11 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.219 Recordkeeping. | FAA | (a) A certificated repair station must retain records in English that demonstrate compliance with the requirements of part 43. The records must be retained in a format acceptable to the FAA. (b) A certificated repair station must provide a copy of the maintenance release to the owner or operator of the article on which the maintenance, preventive maintenance, or alteration was performed. (c) A certificated repair station must retain the records required by this section for at least 2 years from the date the article was approved for return to service. (d) A certificated repair station must make all required records available for inspection by the FAA and the National Transportation Safety Board. | ||||
| 14:14:3.0.1.2.20.5.3.12 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.221 Service difficulty reports. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 22, 68 FR 75382, Dec. 30, 2003; Amdt. 145-26, 70 FR 76979, Dec. 29, 2005; Amdt. 145-30, 79 FR 46985, Aug. 12, 2014; Amdt. 145-30A, 79 FR 66607, Nov. 10, 2014] | (a) A certificated repair station must report to the FAA within 96 hours after it discovers any serious failure, malfunction, or defect of an article. The report must be in a format acceptable to the FAA. (b) The report required under paragraph (a) of this section must include as much of the following information as is available: (1) Aircraft registration number; (2) Type, make, and model of the article; (3) Date of the discovery of the failure, malfunction, or defect; (4) Nature of the failure, malfunction, or defect; (5) Time since last overhaul, if applicable; (6) Apparent cause of the failure, malfunction, or defect; and (7) Other pertinent information that is necessary for more complete identification, determination of seriousness, or corrective action. (c) The holder of a repair station certificate that is also the holder of a part 121, 125, or 135 certificate; type certificate (including a supplemental type certificate); parts manufacturer approval; or technical standard order authorization, or that is the licensee of a type certificate holder, does not need to report a failure, malfunction, or defect under this section if the failure, malfunction, or defect has been reported under parts 21, 121, 125, or 135 of this chapter. (d) A certificated repair station may submit a service difficulty report for the following: (1) A part 121 certificate holder, provided the report meets the requirements of part 121 of this chapter, as appropriate. (2) A part 125 certificate holder, provided the report meets the requirements of part 125 of this chapter, as appropriate. (3) A part 135 certificate holder, provided the report meets the requirements of part 135 of the chapter, as appropriate. (e) A certificated repair station authorized to report a failure, malfunction, or defect under paragraph (d) of this section must not report the same failure, malfunction, or defect under paragraph (a) of this section. A copy of the report submitted under paragraph (d) of this section must be forwarded to the certificate… | |||
| 14:14:3.0.1.2.20.5.3.13 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.223 FAA inspections. | FAA | (a) A certificated repair station must allow the FAA to inspect that repair station at any time to determine compliance with this chapter. (b) A certificated repair station may not contract for the performance of a maintenance function on an article with a noncertificated person unless it provides in its contract with the noncertificated person that the FAA may make an inspection and observe the performance of the noncertificated person's work on the article. (c) A certificated repair station may not return to service any article on which a maintenance function was performed by a noncertificated person if the noncertificated person does not permit the FAA to make the inspection described in paragraph (b) of this section. | ||||
| 14:14:3.0.1.2.20.5.3.2 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.203 Work performed at another location. | FAA | A certificated repair station may temporarily transport material, equipment, and personnel needed to perform maintenance, preventive maintenance, alterations, or certain specialized services on an article for which it is rated to a place other than the repair station's fixed location if the following requirements are met: (a) The work is necessary due to a special circumstance, as determined by the FAA; or (b) It is necessary to perform such work on a recurring basis, and the repair station's manual includes the procedures for accomplishing maintenance, preventive maintenance, alterations, or specialized services at a place other than the repair station's fixed location. | ||||
| 14:14:3.0.1.2.20.5.3.3 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.205 Maintenance, preventive maintenance, and alterations performed for certificate holders under parts 121, 125, and 135, and for foreign air carriers or foreign persons operating a U.S.-registered aircraft in common carriage under part 129. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2016-8744, Amdt. 145-31, 81 FR 49163, July 27, 2016] | (a) A certificated repair station that performs maintenance, preventive maintenance, or alterations for an air carrier or commercial operator that has a continuous airworthiness maintenance program under part 121 or part 135 must follow the air carrier's or commercial operator's program and applicable sections of its maintenance manual. (b) A certificated repair station that performs inspections for a certificate holder conducting operations under part 125 must follow the operator's FAA-approved inspection program. (c) A certificated repair station that performs maintenance, preventive maintenance, or alterations for a foreign air carrier or foreign person operating a U.S.-registered aircraft under part 129 must follow the operator's FAA-approved maintenance program. (d) The FAA may grant approval for a certificated repair station to perform line maintenance for an air carrier certificated under part 121 or part 135 of this chapter, or a foreign air carrier or foreign person operating a U.S.-registered aircraft in common carriage under part 129 of this chapter on any aircraft of that air carrier or person, provided- (1) The certificated repair station performs such line maintenance in accordance with the operator's manual, if applicable, and approved maintenance program; (2) The certificated repair station has the necessary equipment, trained personnel, and technical data to perform such line maintenance; and (3) The certificated repair station's operations specifications include an authorization to perform line maintenance. | |||
| 14:14:3.0.1.2.20.5.3.4 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.206 Notification of hazardous materials authorizations. | FAA | [Docket FAA-2003-15085, 70 FR 58831, Oct. 7, 2005, as amended by Amdt. 145-25, 70 FR 75397, Dec. 20, 2005] | (a) Each repair station must acknowledge receipt of the part 121 or part 135 operator notification required under §§ 121.1005(e) and 135.505(e) of this chapter prior to performing work for, or on behalf of that certificate holder. (b) Prior to performing work for or on behalf of a part 121 or part 135 operator, each repair station must notify its employees, contractors, or subcontractors that handle or replace aircraft components or other items regulated by 49 CFR parts 171 through 180 of each certificate holder's operations specifications authorization permitting, or prohibition against, carrying hazardous materials. This notification must be provided subsequent to the notification by the part 121 or part 135 operator of such operations specifications authorization/designation. | |||
| 14:14:3.0.1.2.20.5.3.5 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.207 Repair station manual. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018] | (a) A certificated repair station must prepare and follow a repair station manual acceptable to the FAA. (b) A certificated repair station must maintain a current repair station manual. (c) A certificated repair station's current repair station manual must be accessible for use by repair station personnel required by subpart D of this part. (d) A certificated repair station must provide to its responsible Flight Standards office the current repair station manual in a format acceptable to the FAA. (e) A certificated repair station must notify its responsible Flight Standards office of each revision of its repair station manual in accordance with the procedures required by § 145.209(j). | |||
| 14:14:3.0.1.2.20.5.3.6 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.209 Repair station manual contents. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018] | A certificated repair station's manual must include the following: (a) An organizational chart identifying— (1) Each management position with authority to act on behalf of the repair station, (2) The area of responsibility assigned to each management position, and (3) The duties, responsibilities, and authority of each management position; (b) Procedures for maintaining and revising the rosters required by § 145.161; (c) A description of the certificated repair station's operations, including the housing, facilities, equipment, and materials as required by subpart C of this part; (d) Procedures for— (1) Revising the capability list provided for in § 145.215 and notifying the responsible Flight Standards office of revisions to the list, including how often the responsible Flight Standards office will be notified of revisions; and (2) The self-evaluation required under § 145.215(c) for revising the capability list, including methods and frequency of such evaluations, and procedures for reporting the results to the appropriate manager for review and action; (e) Procedures for revising the training program required by § 145.163 and submitting revisions to the responsible Flight Standards office for approval; (f) Procedures to govern work performed at another location in accordance with § 145.203; (g) Procedures for maintenance, preventive maintenance, or alterations performed under § 145.205; (h) Procedures for— (1) Maintaining and revising the contract maintenance information required by § 145.217(a)(2)(i), including submitting revisions to the responsible Flight Standards office for approval; and (2) Maintaining and revising the contract maintenance information required by § 145.217(a)(2)(ii) and notifying the responsible Flight Standards office of revisions to this information, including how often the responsible Flight Standards office will be notified of revisions; (i) A description of the required records and the recordkeeping system used to obtain, store, and retrieve the required records; (j)… | |||
| 14:14:3.0.1.2.20.5.3.7 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.211 Quality control system. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018] | (a) A certificated repair station must establish and maintain a quality control system acceptable to the FAA that ensures the airworthiness of the articles on which the repair station or any of its contractors performs maintenance, preventive maintenance, or alterations. (b) Repair station personnel must follow the quality control system when performing maintenance, preventive maintenance, or alterations under the repair station certificate and operations specifications. (c) A certificated repair station must prepare and keep current a quality control manual in a format acceptable to the FAA that includes the following: (1) A description of the system and procedures used for— (i) Inspecting incoming raw materials to ensure acceptable quality; (ii) Performing preliminary inspection of all articles that are maintained; (iii) Inspecting all articles that have been involved in an accident for hidden damage before maintenance, preventive maintenance, or alteration is performed; (iv) Establishing and maintaining proficiency of inspection personnel; (v) Establishing and maintaining current technical data for maintaining articles; (vi) Qualifying and surveilling noncertificated persons who perform maintenance, prevention maintenance, or alterations for the repair station; (vii) Performing final inspection and return to service of maintained articles; (viii) Calibrating measuring and test equipment used in maintaining articles, including the intervals at which the equipment will be calibrated; and (ix) Taking corrective action on deficiencies; (2) References, where applicable, to the manufacturer's inspection standards for a particular article, including reference to any data specified by that manufacturer; (3) A sample of the inspection and maintenance forms and instructions for completing such forms or a reference to a separate forms manual; and (4) Procedures for revising the quality control manual required under this section and notifying the responsible Flight Standards office of the revisions, includi… | |||
| 14:14:3.0.1.2.20.5.3.8 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.213 Inspection of maintenance, preventive maintenance, or alterations. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 145-30, 79 FR 46985, Aug. 12, 2014] | (a) A certificated repair station must inspect each article upon which it has performed maintenance, preventive maintenance, or alterations as described in paragraphs (b) and (c) of this section before approving that article for return to service. (b) A certificated repair station must certify on an article's maintenance release that the article is airworthy with respect to the maintenance, preventive maintenance, or alterations performed after— (1) The repair station performs work on the article; and (2) An inspector inspects the article on which the repair station has performed work and determines it to be airworthy with respect to the work performed. (c) For the purposes of paragraphs (a) and (b) of this section, an inspector must meet the requirements of § 145.155. (d) Except for individuals employed by a repair station located outside the United States, only an employee appropriately certificated as a mechanic or repairman under part 65 is authorized to sign off on final inspections and maintenance releases for the repair station. | |||
| 14:14:3.0.1.2.20.5.3.9 | 14 | Aeronautics and Space | I | H | 145 | PART 145—REPAIR STATIONS | E | Subpart E—Operating Rules | § 145.215 Capability list. | FAA | [Docket FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Docket FAA-2018-0119, Amdt. 145-32, 83 FR 9176, Mar. 5, 2018] | (a) A certificated repair station with a limited rating may perform maintenance, preventive maintenance, or alterations on an article if the article is listed on a current capability list acceptable to the FAA or on the repair station's operations specifications. (b) The capability list must identify each article by make and model or other nomenclature designated by the article's manufacturer and be available in a format acceptable to the FAA. (c) An article may be listed on the capability list only if the article is within the scope of the ratings of the repair station's certificate, and only after the repair station has performed a self-evaluation in accordance with the procedures under § 145.209(d)(2). The repair station must perform this self-evaluation to determine that the repair station has all of the housing, facilities, equipment, material, technical data, processes, and trained personnel in place to perform the work on the article as required by part 145. The repair station must retain on file documentation of the evaluation. (d) Upon listing an additional article on its capability list, the repair station must provide its responsible Flight Standards office with a copy of the revised list in accordance with the procedures required in § 145.209(d)(1). | |||
| 17:17:2.0.1.1.17.0.1.1 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.0 Definitions. | CFTC | [82 FR 28003, June 20, 2017, as amended at 89 FR 71817, Sept. 4, 2024] | For the purposes of part 145 the following definitions are applicable: (a) FOIA Compliance Staff —refers to the Freedom of Information Act compliance staff assigned to respond to requests for information under the Freedom of Information Act. (b) Public records —in addition to the records described in § 145.1 (material published in the Federal Register ) and in § 145.2 (records required to be made publicly available under the Freedom of Information Act), includes those records that have been determined by the Commission to be generally available to the public directly upon oral or written request from the Commission office or division responsible for the maintenance of such records. A compilation of Commission records routinely available to the public upon request appears in appendix A to this part 145. (c) Nonpublic records —are records not identified in § 145.1, § 145.2, or appendix A of this part 145. Nonpublic records must be requested, in writing, in accordance with the provisions of § 145.7. (d) Record —is any information or agency record maintained by the Commission in any format, including an electronic format. It includes any document, writing, photograph, sound or magnetic recording, videotape, microfiche, drawing, or computer-stored information or output in the possession of the Commission. The term “record” does not include personal convenience materials over which the Commission has no control, such as appointment calendars and handwritten notes, which may be retained or destroyed at an employee's discretion. | ||||||
| 17:17:2.0.1.1.17.0.1.10 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.9 Petition for confidential treatment of information submitted to the Commission. | CFTC | [51 FR 26871, July 28, 1986, as amended at 64 FR 26, Jan. 4, 1999; 69 FR 67507, Nov. 18, 2004; 74 FR 17395, Apr. 15, 2009; 77 FR 66348, Nov. 2, 2012; 89 FR 71817, Sept. 4, 2024] | (a) Purpose. This section provides a procedure by which persons submitting information in any form to the Commission can request that the information not be disclosed pursuant to a request under the Freedom of Information Act, 5 U.S.C. 552. This section does not affect the Commission's right, authority, or obligation to disclose information in any other context. (b) Scope. The provisions of this section shall apply only where the Commission has not specified that an alternative procedure be utilized in connection with a particular study, report, investigation, or other matter. See 40.8 for procedures to be utilized in connection with filing information required to be filed pursuant to 17 CFR parts 40 and 41. (c) Definitions. The following definitions apply to this section: (1) Submitter. A “submitter” is any person who submits any information or material to the Commission or who permits any information or material to be submitted to the Commission. For purposes of paragraph (d)(1)(ii) of this section only, “submitter” includes any person whose information has been submitted to a designated contract market, derivatives clearing organization, swap execution facility, swap data repository or registered futures association that in turn has submitted the information to the Commission. (2) FOIA requester. A “FOIA requester” is any person who files with the Commission a request to inspect or copy Commission records or documents pursuant to the Freedom of Information Act, 5 U.S.C. 552. (d) Written request for confidential treatment. (1) Any submitter may request in writing that the Commission afford confidential treatment under the Freedom of Information Act to any information that he or she submits to the Commission. Except as provided in paragraph (d)(4) of this section, no oral requests for confidential treatment will be accepted by the Commission. The submitter shall specify the grounds on which confidential treatment is being requested but need not provide a detailed written justification of the req… | ||||||
| 17:17:2.0.1.1.17.0.1.2 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.1 Information published in the Federal Register. | CFTC | [41 FR 16290, Apr. 16, 1976] | Except as provided in § 145.5, pertaining to nonpublic matters, the following materials shall be published in the Federal Register for the guidance of the public: (a) Description of the Commission's central and field organization and the established place at which, the employees from whom, and the methods whereby the public may obtain information, make submittals or requests, or obtain decisions; (b) Statements of the general course and method by which the Commission's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Commission; and (e) Each amendment, revision, or repeal of the foregoing. | ||||||
| 17:17:2.0.1.1.17.0.1.3 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.2 Records available for public inspection and copying; documents published and indexed. | CFTC | [62 FR 17069, Apr. 9, 1997, as amended at 89 FR 71817, Sept. 4, 2024] | Except as provided in § 145.5, pertaining to nonpublic matters, and in addition to those documents listed in appendix A to part 145, Compilation of Commission Records Available to the Public, the following materials are available for public inspection and copying during normal business hours at the Commission's Public Reading Room, located at the Commission's Washington, DC headquarters and at the regional offices of the Commission: (a) A guide for requesting records or publicly available information from the Commission which includes: (1) An index of all publicly available information of the Commission; (2) A description of major information and record locator systems; (3) Guidance for obtaining various types and categories of public information from the Commission; (b) Final opinions and orders of the Commission in the adjudication of cases, including concurring and dissenting opinions; (c) Statements of policy and interpretations which have been adopted by the Commission and are not published in the Federal Register ; (d) Records released in response to FOIA requests that have been, or the Commission anticipates will be, the subject of additional FOIA requests; (e) Administrative manuals and instructions that affect the public; and (f) Indices providing identifying information to the public as to the materials made available pursuant to paragraphs (a) through (e) of this section. | ||||||
| 17:17:2.0.1.1.17.0.1.4 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.3 [Reserved] | CFTC | ||||||||
| 17:17:2.0.1.1.17.0.1.5 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.4 Public records available with identifying details deleted; nonpublic records available in abridged or summary form. | CFTC | [51 FR 26869, July 28, 1986, as amended at 82 FR 28003, June 20, 2017] | (a) To the extent required to prevent a clearly unwarranted invasion of personal privacy, the Commission may delete identifying details when it makes available “public records” as defined in § 145.0(b). In such instances, the Commission shall explain the justification for the deletion fully in writing. (b) Certain “nonpublic records,” as defined in § 145.0(c), may, as authorized by the Commission, be made available for public inspection and copying in an abridged or summary form, with identifying details deleted. | ||||||
| 17:17:2.0.1.1.17.0.1.6 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.5 Disclosure of nonpublic records. | CFTC | [41 FR 16290, Apr. 16, 1976, as amended at 44 FR 13458, Mar. 12, 1979; 45 FR 2023, Jan. 10, 1980; 46 FR 24943, May 4, 1981; 46 FR 54534, Nov. 3, 1981; 48 FR 35303, Aug. 3, 1983; 49 FR 4464, Feb. 7, 1984; 49 FR 5541, Feb. 13, 1984; 51 FR 26870, July 28, 1986; 53 FR 4613, Feb. 17, 1988; 54 FR 41084, Oct. 5, 1989; 62 FR 4642, Jan. 31, 1997; 64 FR 25, Jan. 4, 1999; 71 FR 5595, Feb. 2, 2006; 75 FR 55449, Sept. 10, 2010; 77 FR 11342, Feb. 24, 2012; 82 FR 28003, June 20, 2017] | The Commission shall withhold information in “nonpublic records,” as defined in § 145.0(c), only if the Commission reasonably foresees that disclosure would harm an interest protected by an exemption described in paragraphs (a) through (i) of this section, or if disclosure is prohibited by law. The Commission shall consider whether partial disclosure of information is possible whenever the Commission determines that a full disclosure of the requested record is not possible. The Commission shall take reasonable steps necessary to segregate and release nonexempt information in “nonpublic records” subject to a request under § 145.7 if those portions do not fall within an exemption described in paragraphs (a) through (i) of this section. (a)(1) Specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy, and (2) are in fact properly classified pursuant to such executive order; (b) Related solely to the internal personnel rules and practices of the Commission or any other agency of the Government of the United States, including operation rules, guidelines, and manuals of procedure for investigators, auditors, and other employees (other than those rules and practices which establish legal requirements to which members of the public are expected to conform); (c) Specifically exempted from disclosure by statute, including: (1) Data and information which would separately disclose the business transactions or market positions of any person and trade secrets or names of customers; and (2) Any data or information concerning or obtained in connection with any pending investigation of any person; (d) Trade secrets and commercial or financial information obtained from a person and privileged or confidential, including, but not limited to: (1)(i) Reports of stocks of grain, such as Forms 38, 38C, 38M and 38T required to be filed pursuant to 17 CFR 1.44; (ii) Statements of reporting traders on Form 40 required to be filed pursuant to 17 C… | ||||||
| 17:17:2.0.1.1.17.0.1.7 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.6 Commission offices to contact for assistance; registration records available. | CFTC | [49 FR 39534, Oct. 9, 1984, and 51 FR 26870, July 28, 1986, as amended at 53 FR 8435, Mar. 15, 1988; 54 FR 19886, May 9, 1989; 57 FR 29203, July 1, 1992; 58 FR 19597, Apr. 15, 1993; 60 FR 49335, Sept. 25, 1995; 64 FR 26, Jan. 4, 1999; 67 FR 62353, Oct. 7, 2002; 67 FR 63539, Oct. 15, 2002; 69 FR 41426, July 9, 2004; 72 FR 16269, Apr. 4, 2007; 82 FR 28003, June 20, 2017; 89 FR 71817, 71818, Sept. 4, 2024] | (a) All requests for non-public records shall be made in writing and shall be addressed or otherwise directed to the Office of the General Counsel at the Commission's Washington, DC headquarters, Attn: FOIA Request, or electronically via foiasubmissions@cftc.gov . Requests for public records directed to a regional office of the Commission pursuant to § 145.2 should be sent to the Eastern Regional Office, Central Regional Office, or Southwestern Regional Office, as applicable. (b)(1) The publicly available portions of Form 7-R (application for registration as a futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator or leverage transaction merchant), Form 8-R (application for registration as an associated person, floor broker, floor trader and biographical supplement to application on Form 7-R), Form 3-R (changes and corrections; multiple associations) Form 8-S (certificate of special registration), Form 8-T (notice of termination), Form 7-W (withdrawal from firm registration) and Form 8-W (withdrawal from floor broker or floor trader registration) will be available for public inspection and copying. Such registration forms will be available in the offices of the National Futures Association, 300 S Riverside Plaza, Suite 1800, Chicago, IL 60606. Telephone: (312) 781-1300. (2) The fingerprint card and any supplementary attachments filed in response to: (i) Items 6-9, 14-21, the “Personal Information,” or the “Disciplinary Information” sections on Form 8-R; (ii) Item 3 on Form 8-S; (iii) Items 3-5, 9-11, the “Withdrawal Reasons,” the “Disciplinary Information,” or the “Matter Information” sections on Form 8-T; (iv) Items 9-10 on Form 7-R; (v) Item 7 and the “Additional Customer Information” section on Form 7-W; and (vi) Item 7 on Form 8-W generally will not be available for public inspection and copying unless such disclosure is required under the Freedom of Information Act. Changes or corrections to those items reported on Form 3-R will be treated similarly. When… | ||||||
| 17:17:2.0.1.1.17.0.1.8 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.7 Requests for Commission records and copies thereof. | CFTC | [51 FR 26870, July 28, 1986, as amended at 52 FR 19307, May 22, 1987; 62 FR 17069, Apr. 9, 1997; 69 FR 67507, Nov. 18, 2004; 82 FR 28003, June 20, 2017; 89 FR 71817, Sept. 4, 2024] | Requests for Commission records and copies thereof shall specify the preferred form or format (including electronic formats) of the response. The Commission will accommodate requesters as to form or format if the record is readily available in that form or format. When requesters do not specify the form or format of the response, the Commission will respond in the form or format in which the document is most accessible to the Commission. (a) Public inquiries and inspection of public records. Information concerning the nature and extent of available public records may be obtained in person, by telephone, via Internet ( http://www.cftc.gov ), or by writing to the Commission offices designated in §§ 145.2 and 145.6. (b) Requests for nonpublic records. Except as provided in paragraph (a) of this section with respect to public records, all requests for records maintained by the Commission shall be in writing, shall be addressed to the Office of the General Counsel of the Commission and shall be clearly marked “Freedom of Information Act Request.” (c) Misdirected written requests. The Commission cannot ensure that a timely or satisfactory response will be given to requests for records that are directed to the Commission other than in the manner prescribed in paragraph (b) of this section. Any misdirected written request for nonpublic records should be promptly forwarded to the Office of the General Counsel of the Commission. Misdirected requests for nonpublic records will be considered to have been received for purposes of this section only when they actually have been received by the Office of the General Counsel. (d) Description of requested records. Each written request for Commission records made under paragraph (b) of this section shall reasonably describe the records sought with sufficient specificity to permit the records to be located among the records maintained by or for the Commission. The Commission staff may communicate with the requester (by telephone when practicable) in an effort to reduce t… | ||||||
| 17:17:2.0.1.1.17.0.1.9 | 17 | Commodity and Securities Exchanges | I | 145 | PART 145—COMMISSION RECORDS AND INFORMATION | § 145.8 Fees for records services. | CFTC | [82 FR 28005, June 20, 2017, as amended at 89 FR 71817, Sept. 4, 2024] | A schedule of fees for record services, including locating, and making records available, and copying, appears in appendix B to this part. Copies of the schedule of fees may also be obtained upon request made in person, by telephone or by mail from the FOIA compliance staff or at any regional office of the Commission. | ||||||
| 21:21:2.0.1.1.30.1.1.1 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | A | Subpart A—General Provisions | § 145.3 Definitions. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, 1984; 54 FR 24894, June 12, 1989; 63 FR 14035, Mar. 24, 1998] | For the purposes of this part: (a) The term corn sirup means a clarified, concentrated aqueous solution of the products obtained by the incomplete hydrolysis of cornstarch, and includes dried corn sirup. The solids of corn sirup and of dried corn sirup contain not less than 40 percent by weight of reducing sugars calculated as anhydrous dextrose. (b) The term dextrose means the hydrated or anhydrous, refined monosaccharide obtained from hydrolyzed starch. (c) The term dried glucose sirup means the product obtained by drying “glucose sirup.” (d) The term glucose sirup means a clarified, concentrated, aqueous solution of the products obtained by the incomplete hydrolysis of any edible starch. The solids of glucose sirup contain not less than 40 percent by weight of reducing sugars calculated as anhydrous dextrose. (e) The term invert sugar sirup means an aqueous solution of inverted or partly inverted, refined or partly refined sucrose, the solids of which contain not more than 0.3 percent by weight of ash, and which is colorless, odorless, and flavorless, except for sweetness. (f) The term sugar means refined sucrose. (g) The terms edible organic acid and edible organic salt refer to any edible organic acid and any edible organic salt added for the purpose of flavor enhancement that either is not a food additive as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act or, if it is a food additive as so defined, is used in conformity with regulations established pursuant to section 409 of the act. (h) The term water means, in addition to water, any mixture of water and fruit juice in which the fruit juice(s) is less than 50 percent of such mixture, including any water contributed by the use of liquid nutritive carbohydrate sweeteners. (i) The term fruit juice(s) and water means any mixture of fruit juice as herein defined and water, including any water contributed by the use of liquid nutritive carbohydrate sweeteners, in which the fruit juice(s) is 50 percent, or more, … | |||
| 21:21:2.0.1.1.30.2.1.1 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.110 Canned applesauce. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, 1984; 54 FR 24894, June 12, 1989; 58 FR 2879, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Identity —(1) Definition. Canned applesauce is the food prepared from comminuted or chopped apples ( Malus domestica Borkhausen), which may or may not be peeled and cored, and which may have added thereto one or more of the optional ingredients specified in paragraph (a)(2) of this section. The apple ingredient is heated and, in accordance with good manufacturing practices, bruised apple particles, peel, seed, core material, carpel tissue, and other coarse, hard, or extraneous materials are removed. The food is sealed in containers. It is so processed by heat, either before or after sealing, as to prevent spoilage. The soluble solids content, measured by refractometer and expressed as percent sucrose (degrees Brix) with correction for temperature to the equivalent at 20 °C (68 °F), is not less than 9 percent (exclusive of the solids of any added optional nutritive carbohydrate sweeteners) as determined by the method prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), section 22.024, “Soluble Solids by Refractometer in Fresh and Canned Fruits, Jams, Marmalades, and Preserves—Official First Action,” which is incorporated by reference, but without correction for invert sugar or other substances. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (2) Optional ingredients. The following safe and suitable optional ingredients may be used: (i) Water. (ii) Apple juice. (iii) Salt. (iv) Any organic acid added for the purpose of acidification. (Organic acids generally recognized as having a preservative effect are not permitted in applesauce except as provided for in paragraph (a)(2)(viii) of this section.) (v) Nutritive carbohydr… | |||
| 21:21:2.0.1.1.30.2.1.10 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.180 Canned pineapple. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 44 FR 40279, July 10, 1979; 45 FR 43391 and 43392, June 27, 1980; 46 FR 57475, Nov. 24, 1981; 48 FR 39916, Sept. 2, 1983; 58 FR 2880, Jan. 6, 1993] | (a) Identity —(1) Ingredients. Canned pineapple is the food prepared from mature, fresh or previously canned, pineapple conforming to the characteristics of Ananas comosus (L.) Merrill and from which peel and core have been removed. The food consists of one of the optional styles of the pineapple ingredient specified in paragraph (a)(2) of this section and may be packed in one of the optional packing media specified in paragraph (a)(3) of this section, except water is not a suitable packing medium for crushed style. Crushed style additionally may be packed as heavy or solid pack as specified in paragraph (a)(4) of this section. The food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients: (i) Natural fruit flavors. (ii) Mint flavor. (iii) Spices, spice oils. (iv) Vinegar or organic acids. (v) Dimethylpolysiloxane in an amount not greater than 10 milligrams/kilogram (10 parts per million) by weight of the finished food as a defoaming agent. The food is sealed in a container and, before or after sealing, is so processed by heat as to prevent spoilage. (2) Styles of pack. The optional styles of the pineapple ingredients referred to in paragraph (a)(1) of this section are: (i) Slices or whole slices or rings —consisting of uniformly cut circular slices or rings cut across the axis of the peeled, cored pineapple cylinders. (ii) Half slices —consisting of uniformly cut, approximately semicircular halves of slices. (iii) Quarter slices —consisting of uniformly cut, one-fourth portions of slices. (iv) Broken slices —consisting of arc-shaped portions which may not be uniform in size and/or shape. (v) Spears or fingers —consisting of long, slender pieces cut radially and lengthwise of the cored pineapple cylinder, predominantly 65 millimeters (2.5 inches) or longer. (vi) Tidbits —consisting of reasonably uniform, wedge-shaped sectors cut from slices or portions thereof, predominantly from 8 millimeters (0.31 inch) to 13 millimeters (0.51… | |||
| 21:21:2.0.1.1.30.2.1.11 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.185 Canned plums. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2880, Jan. 6, 1993] | (a) Identity —(1) Ingredients. Canned plums is the food prepared from clean, sound, and mature fruit of plum varieties conforming to the characteristics of Prunus domestica L., greengage varieties conforming to the characteristics of Prunus italica L., mirabelle or damson varieties conforming to the characteristics of Prunus insititia L., or cherry varieties conforming to the characteristics of Prunus cerasifera Ehrh. The food consists of one of the optional styles of the plum ingredient, specified in paragraph (a)(2) of this section, and one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more of the following safe and suitable optional ingredients: (i) Natural and artificial flavors. (ii) Spice. (iii) Vinegar, lemon juice, or organic acids. (iv) Artificial coloring. Such food is sealed in a container and before or after sealing is so processed by heat so as to prevent spoilage. (2) Optional styles of the plum ingredient. The optional plum ingredients specified in paragraph (a)(1) of this section are peeled or unpeeled: (i) Whole. (ii) Halves. Peeled or unpeeled whole plums are pitted or, alternatively, unpitted. Peeled or unpeeled plum halves are pitted. (3) Packing media. (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in § 145.3 are: ( a ) Water. ( b ) Fruit juice(s) and water. ( c ) Fruit juice(s). Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in § 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in § 145.3. (ii) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expresse… | |||
| 21:21:2.0.1.1.30.2.1.12 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.190 Canned prunes. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2880, Jan. 6, 1993] | (a) Ingredients. Canned prunes is the food prepared from dried prunes, which may be packed as a solid pack or in one of the optional packing media specified in paragraph (b) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients: (1) Natural and artificial flavors. (2) Spice. (3) Vinegar, lemon juice, or organic acids. (4) Unpeeled pieces of citrus fruits. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage. (b) Packing media. (1) The optional packing media referred to in paragraph (a) of this section, as defined in § 145.3 are: (i) Water. (ii) Fruit juice(s) and water. (iii) Fruit juice(s). Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in § 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in § 145.3. (2) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in § 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely: (i) When the density of the solution is less than 20 percent, the medium shall be designated as “slightly sweetened water”; or “extra light sirup”; “slightly sweetened fruit juice(s) and water”; or “slightly sweetened fruit juice(s)”, as the case may be. (ii) When the density of the solution is 20 percent or more but less than 24 percent, the medium shall be designated as “light sirup”; “lightly sweetened fruit juice(s) and water”; or “lightly sweetened fruit juice(s)”, as the case may be. (iii) When the density of the solution is … | |||
| 21:21:2.0.1.1.30.2.1.2 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.115 Canned apricots. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2879, Jan. 6, 1993] | (a) Identity —(1) Ingredients. Canned apricots is the food prepared from mature apricots of one of the optional styles specified in paragraph (a)(2) of this section, which may be packed as solid pack or in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more of the following safe and suitable optional ingredients: (i) Natural and artificial flavors. (ii) Spice. (iii) Vinegar, lemon juice, or organic acids. (iv) Apricot pits, except in the cases of unpeeled whole apricots and peeled whole apricots, in a quantity not more than 1 apricot pit to each 227 grams (8 ounces) of finished canned apricots. (v) Apricot kernels, except in the cases of unpeeled whole apricots and peeled whole apricots, and except when optional ingredient under paragraph (a)(4) of this section is used. (vi) Ascorbic acid in an amount no greater than necessary to preserve color. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage. (2) Optional styles of the apricot ingredient. The optional styles of the apricot ingredient referred to in paragraph (a) of this section are peeled or unpeeled: (i) Whole. (ii) Halves. (iii) Quarters. (iv) Slices. (v) Pieces or irregular pieces. Each such ingredient, except in the cases of unpeeled whole apricots and peeled whole apricots, is pitted. (3) Packing media. (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in § 145.3 are: ( a ) Water. ( b ) Fruit juice(s) and water. ( c ) Fruit juice(s). Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in § 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appe… | |||
| 21:21:2.0.1.1.30.2.1.3 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.120 Canned berries. | FDA | [46 FR 2339, Jan. 9, 1981; 47 FR 6426, Feb. 12, 1982, as amended at 48 FR 2748, Jan. 21, 1983; 58 FR 2879, Jan. 6, 1993] | (a) Identity —(1) Ingredients. Canned berries is the food prepared from any suitable variety of one of the optional berry ingredients specified in paragraph (a)(2) of this section, which may be packed in one of the optional packing media specified in paragraph (a)(3) of this section, and may contain one or any combination of two or more of the safe and suitable optional ingredients specified in paragraph (a)(4) of this section. Such food is sealed in a container and before or after sealing is so processed by heat to prevent spoilage. (2) Varietal types. The optional berry ingredients referred to in paragraph (a)(1) of this section are prepared from stemmed fruit of the following optional varietal types of berry ingredient; namely: (i) Raspberry varieties conforming to the characteristics of Rubus idaeus L. or Rubus occidentalis L. (ii) Blackberries. (iii) Blueberries. (iv) Boysenberries. (v) Dewberries. (vi) Gooseberries. (vii) Huckleberries. (viii) Loganberries. (ix) Strawberry varieties conforming to the characteristics of Fragaria. (x) Youngberries. (3) Packing media. (i) The optional packing media referred to in paragraph (a)(1) of this section as defined in § 145.3 are: ( a ) Water. ( b ) Fruit juice(s) and water. ( c ) Fruit juice(s). Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweeteners may be added. Sweeteners listed in § 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in § 145.3. (ii) When a sweetener is added as a part of any such liquid packing medium, the four density ranges of the resulting packing media hereinafter specified for each berry ingredient, expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure described in § 145.3(m), shall be designated by the appropriate nam… | |||
| 21:21:2.0.1.1.30.2.1.4 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.125 Canned cherries. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10099, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2879, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Identity —(1) Ingredients. Canned cherries is the food prepared from one of the optional fresh or previously canned cherry ingredients specified in paragraph (a)(2) of this section, which may be packed in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients: (i) Natural and artificial flavors. (ii) Spice. (iii) Vinegar, lemon juice, or organic acids. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage. (2) Varietal types and styles. The optional cherry ingredients referred to in paragraph (a)(1) of this section are prepared from mature pitted or unpitted cherries of the red tart or alternatively, red sour, light sweet or dark sweet varietal group. (3) Packing media. (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in § 145.3 are: ( a ) Water. ( b ) Fruit juice(s) and water. ( c ) Fruit juice(s). Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in § 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in § 145.3. (ii) When a sweetener is added as a part of any such liquid packing medium, the density range of the resulting packing medium expressed as percent by weight of sucrose (degrees Brix) as determined by the procedure prescribed in § 145.3(m) shall be designated by the appropriate name for the respective density ranges, namely: ( a ) In the case of sweet cherries: ( i ) When the density of the solution is less than 16 percent, the medium shall be designated as “slightly sweetened water”; or “extra light sirup”; “slightly sweetened fruit ju… | |||
| 21:21:2.0.1.1.30.2.1.5 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.130 Canned figs. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 58 FR 2879, Jan. 6, 1993] | (a) Ingredients. Canned figs is the food prepared from one of the optional fig ingredients specified in paragraph (b) of this section and one of the optional packing media specified in paragraph (c) of this section, to which lemon juice, concentrated lemon juice or organic acid(s) is added, when necessary to reduce the pH of the finished product to pH 4.9 or below. Such food may also contain one, or any combination of two or more of the following safe and suitable optional ingredients: (1) Natural and artificial flavoring. (2) Spice. (3) Vinegar. (4) Unpeeled segments of citrus fruits. (5) Salt. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage. (b) Varietal types. The optional fig ingredients referred to in paragraph (a) of this section are prepared from mature figs of the light or dark varieties. Figs (or whole figs), split figs (or broken figs), or any combination thereof are optional fig ingredients. A “whole fig” is one which is whole, but may be slightly cracked, provided it retains its natural conformation without exposing the interior. A “split” or “broken” fig is one that is open to such an extent that the seed cavity is exposed. The shape of the fruit may be distorted, and the fruit may or may not be broken apart into entirely separate pieces. (c) Packing media. (1) The optional packing media referred to in paragraph (a) of this section, as defined in § 145.3 are: (i) Water. (ii) Fruit juice(s) and water. (iii) Fruit juice(s). Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in § 145.3 shall be as defined therein, except that a nutritive carbohydrate sweetener for which a standard of identity has been established in part 168 of this chapter shall comply with such standard in lieu of any definition that may appear in § 145.3. (2) When a sweetener is added as a part of any such liquid packing medium, the den… | |||
| 21:21:2.0.1.1.30.2.1.6 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.135 Canned fruit cocktail. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11829, Mar. 19, 1982; 49 FR 10100, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2880, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Identity —(1) Ingredients. Canned fruit cocktail, canned cocktail fruits, canned fruits for cocktail, is the food prepared from the mixture of fresh, frozen, or previously canned fruit ingredients of mature fruits in the forms and proportions as provided in paragraph (a)(2) of this section, and one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients: (i) Natural and artificial flavors. (ii) Spice. (iii) Vinegar, lemon juice, or organic acids. (iv) Ascorbic acid in an amount no greater than necessary to preserve color. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage. (2) Varietal types and styles. The fruit ingredients referred to in paragraph (a)(1) of this section, the forms of each, and the percent by weight of each in the mixture of drained fruit from the finished canned fruit cocktail are as follows: (i) Peaches. Any firm yellow variety of the species Prunus persica L., excluding nectarine varieties, which are pitted, peeled, and diced, not less than 30 percent and not more than 50 percent. (ii) Pears. Any variety, of the species Pyrus communis L. or Pyrus sinensis L., which are peeled, cored, and diced, not less than 25 percent and not more than 45 percent. (iii) Pineapples. Any variety, of the species Ananas comosus L., which are peeled, cored, and cut into sectors or into dice, not less than 6 percent and not more than 16 percent. (iv) Grapes. Any seedless variety, of the species Vitis vinifera L., or Vitis labrusca L., not less than 6 percent and not more than 20 percent. (v) Cherries. Approximate halves or whole pitted cherries of the species Prunus cerasus L., not less than 2 percent and not more than 6 percent, of the following types: ( a ) Cherries of any light, sweet variety; ( b ) Cherries artificially colored red; or ( c ) Cherries artificially co… | |||
| 21:21:2.0.1.1.30.2.1.7 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.145 Canned grapefruit. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 47 FR 11830, Mar. 19, 1982; 49 FR 10100, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2880, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Identity —(1) Product identification. Canned grapefruit is the food prepared from one of the optional grapefruit ingredients specified in paragraph (a)(2) of this section and one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one or more of the following safe and suitable optional ingredients: (i) Spices. (ii) Natural and artificial flavoring. (iii) Lemon juice. (iv) Citric acid. (v) Calcium chloride or calcium lactate or a mixture of the two calcium salts in a quantity reasonably necessary to firm the grapefruit sections, but in no case in a quantity such that the calcium contained in such calcium salt or mixture is more than 0.035 percent by weight of the finished food. Such food is sealed in a container and, before or after sealing, is so processed by heat as to prevent spoilage. (2) Optional grapefruit ingredient. The optional grapefruit ingredients referred to in paragraph (a)(1) of this section are prepared from sound, mature grapefruit ( Citrus paradisi Macfadyen) of the color types white—produced from white-fleshed grapefruit, and pink—produced from pink or red-fleshed grapefruit and are in the following forms of units: Whole sections or broken sections. Each such form of units or a mixture of such forms of units prepared from a single varietal group (color type) is an optional grapefruit ingredient. The core, seeds, and major portions of membrane of such ingredient are removed. For the purpose of this section, a grapefruit section is considered whole when the unit is intact or an intact portion of such unit is not less than 75 percent of its apparent original size and is not excessively trimmed. (i) For the purpose of paragraph (a)(4) of this section, the name of the optional grapefruit ingredient is: ( a ) “Section” or “segments”, if 50 percent or more of the drained weight of the food consists of whole sections. ( b ) “Broken sections” or “broken segments”, if less than 50 percent of the drained weight of the food consists of … | |||
| 21:21:2.0.1.1.30.2.1.8 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.170 Canned peaches. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 46 FR 33028, June 26, 1981; 50 FR 34677, Aug. 27, 1985; 51 FR 11434, Apr. 3, 1986; 58 FR 2880, Jan. 6, 1993] | (a) Identity —(1) Ingredients. Canned peaches is the food prepared from one of the fresh, frozen, or previously canned optional peach ingredients Prunus persica L., of commercial canning varieties, but excluding nectarine varieties, specified in paragraph (a)(2) of this section, which may be packed as a solid pack or in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients: (i) Natural and artificial flavors. (ii) Spice. (iii) Vinegar, lemon juice, or organic acids. (iv) Peach pits, except in the cases of peeled whole peaches, in a quantity not more than 1 peach pit to each 227 grams (8 ounces) of finished canned peaches. (v) Peach kernels, except in the cases of peeled whole peaches and except when the optional ingredient in paragraph (a)(1)(iv) of this section is used. (vi) Ascorbic acid in an amount no greater than necessary to preserve color. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage. (2) Varietal types and styles. The optional peach ingredients referred to in paragraph (a)(1) of this section are prepared from mature peaches of the following optional varietal and color types and styles of peach ingredients; namely: (i) The optional varietal types. ( a ) Freestone is the distinct varietal type where the pit separates readily from the flesh. ( b ) Clingstone is the distinct varietal type where the pit adheres to the flesh. (ii) The optional color types —( a ) Yellow —the varietal types in which the predominant color ranges from pale yellow to rich red orange. ( b ) White —the varietal types in which the predominant color ranges from white to yellow-white. ( c ) Red —the varietal types in which the predominant color ranges from pale yellow to orange red and with variegated red coloring other than that associated with the pit cavity. ( d ) Green —varietal types in which th… | |||
| 21:21:2.0.1.1.30.2.1.9 | 21 | Food and Drugs | I | B | 145 | PART 145—CANNED FRUITS | B | Subpart B—Requirements for Specific Standardized Canned Fruits | § 145.175 Canned pears. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 47 FR 41528, 41530, Sept. 21, 1982; 58 FR 2880, Jan. 6, 1993] | (a) Identity —(1) Ingredients. Canned pears is the food prepared from one of the fresh or previously canned optional pear ingredients Pyrus communis or Pyrus sinensis specified in paragraph (a)(2) of this section which may be packed in one of the optional packing media specified in paragraph (a)(3) of this section. Such food may also contain one, or any combination of two or more, of the following safe and suitable optional ingredients. (i) Natural and artificial flavors. (ii) Spice. (iii) Vinegar, lemon juice, or organic acids. (iv) Artificial colors. Such food is sealed in a container and before or after sealing is so processed by heat as to prevent spoilage. (2) Styles and forms of units. The optional pear styles and forms of units referred to in paragraph (a)(1) of this section are: (i) Whole —consisting of peeled or unpeeled pears with cores removed or left in. (ii) Halves —consisting of peeled or unpeeled pears with cores removed and cut into two approximately equal parts. (iii) Quarters —consisting of peeled pears with cores removed and cut into four approximately equal parts. (iv) Slices —consisting of peeled pears with cores removed and cut into wedge-shaped sectors. (v) Dice —consisting of peeled pears with cores removed and cut into cube-like parts. (vi) Pieces or irregular pieces —consisting of peeled pears with cores removed and cut into parts of irregular shapes and sizes. (vii) Chunky —consisting of peeled pears with cores removed and cut into parts 13 millimeters (0.51 inch) or greater in the smallest dimension and 44 millimeters (1.75 inches) or less in the largest dimension. (3) Packing media. (i) The optional packing media referred to in paragraph (a)(1) of this section, as defined in § 145.3 are: ( a ) Water. ( b ) Fruit juice(s) and water. ( c ) Fruit juice(s). ( d ) Clarified juice. Such packing media may be used as such or any one or any combination of two or more safe and suitable nutritive carbohydrate sweetener(s) may be added. Sweeteners defined in §… | |||
| 33:33:2.0.1.3.13.0.33.1 | 33 | Navigation and Navigable Waters | I | N | 145 | PART 145—FIRE-FIGHTING EQUIPMENT | § 145.01 Portable and semi-portable fire extinguishers. | USCG | [USCG-2012-0196, 81 FR 48242, July 22, 2016] | (a) On all manned platforms and on all unmanned platforms where crews are continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guard-approved semi-portable fire extinguishers must be installed and maintained. On all unmanned platforms where crews are not continuously working on a 24-hour basis, Coast Guard-approved portable fire extinguishers and/or Coast Guard-approved semi-portable fire extinguishers are required to be installed and maintained only when crews are working on them. (b) Portable and semi-portable fire extinguishers must be inspected and maintained in accordance with NFPA 10 (incorporated by reference, see § 140.7 of this chapter) as amended here: (1) Certification or licensing by a state or local jurisdiction as a fire extinguisher servicing agency will be accepted by the Coast Guard as meeting the personnel certification requirements of NFPA 10 for annual maintenance and recharging of extinguishers. (2) Monthly inspections required by NFPA 10 may be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (3) Non-rechargeable or non-refillable fire extinguishers must be inspected and maintained in accordance with NFPA 10. However, the annual maintenance need not be conducted by a certified person and can be conducted by the owner, operator, person-in-charge, or a designated member of the crew. (4) The owner or managing operator must provide satisfactory evidence of the required servicing to the marine inspector. If any of the equipment or records has not been properly maintained, a qualified servicing facility must perform the required inspections, maintenance procedures, and hydrostatic pressure tests. A tag issued by a qualified servicing organization, and attached to each extinguisher, may be accepted as evidence that the necessary maintenance procedures have been conducted. | |||||
| 33:33:2.0.1.3.13.0.33.2 | 33 | Navigation and Navigable Waters | I | N | 145 | PART 145—FIRE-FIGHTING EQUIPMENT | § 145.05 [Reserved] | USCG | |||||||
| 33:33:2.0.1.3.13.0.33.3 | 33 | Navigation and Navigable Waters | I | N | 145 | PART 145—FIRE-FIGHTING EQUIPMENT | § 145.10 Location, number, and installation of fire extinguishers. | USCG | [CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by USCG-2012-0196, 81 FR 48243, July 22, 2016] | (a) Approved portable and semi-portable extinguishers must be installed in accordance with Table 145.10(a). (b) Semi-portable extinguishers must be located in the open so as to be readily seen. (c) Semi-portable extinguishers must be fitted with a suitable hose and nozzle, or other practicable means, so all of the space can be protected. (d) Table 145.10(a) of this section indicates the minimum number and size of fire extinguishers required for each space listed. Extinguishers with larger numerical ratings or multiple letter designations may be used if the extinguishers meet the requirements of the table. Table 145.10( a )—Portable and Semi-Portable Extinguishers 1 Not required where a fixed extinguishing system is installed. 2 When the installation is on the weather deck or open to the atmosphere at all times, then one 40-B extinguisher for every three engines is allowable. 3 Small electrical appliances, such as fans, are exempt. | |||||
| 33:33:2.0.1.3.13.0.33.4 | 33 | Navigation and Navigable Waters | I | N | 145 | PART 145—FIRE-FIGHTING EQUIPMENT | § 145.15 Location and number of fire extinguishers required for vessels contracted for prior to August 22, 2016. | USCG | [USCG-2012-0196, 81 FR 48243, July 22, 2016] | (a) Vessels contracted for prior to August 22, 2016 must meet the following requirements: (1) Previously installed extinguishers with extinguishing capacities smaller than what is required in table 145.10(a) of this part need not be replaced and may be continued in service so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. (2) All new equipment and installations must meet the applicable requirements in this part for new vessels. (b) [Reserved] | |||||
| 40:40:25.0.1.1.8.1.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | A | Subpart A—General Program Requirements | § 145.1 Purpose and scope. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988; 59 FR 64345, Dec. 14, 1994; 75 FR 77290, Dec. 10, 2010] | (a) This part specifies the procedures EPA will follow in approving, revising, and withdrawing State programs under section 1422 (underground injection control—UIC) of SDWA, and includes the elements which must be part of submissions to EPA for program approval and the substantive provisions which must be present in State programs for them to be approved. (b) State submissions for program approval must be made in accordance with the procedures set out in subpart C. This includes developing and submitting to EPA a program description (§ 145.23), an Attorney General's Statement (§ 145.24), and a Memorandum of Agreement with the Regional Administrator (§ 145.25). (c) The substantive provisions which must be included in State programs to obtain approval include requirements for permitting, compliance evaluation, enforcement, public participation, and sharing of information. The requirements are found in subpart B. Many of the requirements for State programs are made applicable to States by cross-referencing other EPA regulations. In particular, many of the provisions of parts 144 and 124 are made applicable to States by the references contained in § 145.11. (d) Upon submission of a complete program, EPA will conduct a public hearing, if interest is shown, and determine whether to approve or disapprove the program taking into consideration the requirements of this part, the Safe Drinking Water Act and any comments received. (e) Upon approval of a State program, the Administrator shall suspend the issuance of Federal permits for those activities subject to the approved State program. (f) Any State program approved by the Administrator shall at all times be conducted in accordance with the requirements of this part. (g) Nothing in this part precludes a State from: (1) Adopting or enforcing requirements which are more stringent or more extensive than those required under this part; (2) Operating a program with a greater scope of coverage than that required under this part. Where an approved State program has a gr… | |||
| 40:40:25.0.1.1.8.1.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | A | Subpart A—General Program Requirements | § 145.2 Definitions. | EPA | The definitions of part 144 apply to all subparts of this part. | ||||
| 40:40:25.0.1.1.8.2.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.11 Requirements for permitting. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 64 FR 78572, Dec. 7, 1999; 70 FR 59888, Oct. 13, 2005] | (a) All State programs under this part must have legal authority to implement each of the following provisions and must be administered in conformance with each; except that States are not precluded from omitting or modifying any provisions to impose more stringent requirements. (1) Section 144.5(b)-(Confidential information); (2) Section 144.6—(Classification of injection wells); (3) Section 144.7—(Identification of underground sources of drinking water and exempted aquifers); (4) Section 144.8—(Noncompliance reporting); (5) Section 144.11—(Prohibition of unauthorized injection); (6) Section 144.12—(Prohibition of movement of fluids into underground sources of drinking water); (7) Section 144.13—(Elimination of Class IV wells); (8) Section 144.14—(Requirements for wells managing hazardous waste); (9) Sections 144.21-144.26—(Authorization by rule); (10) Section 144.31—(Application for a permit); (11) Section 144.32—(Signatories); (12) Section 144.33—(Area Permits); (13) Section 144.34—(Emergency permits); (14) Section 144.35—(Effect of permit); (15) Section 144.36—(Duration); (16) Section 144.38—(Permit transfer); (17) Section 144.39—(Permit modification); (18) Section 144.40—(Permit termination); (19) Section 144.51—(Applicable permit conditions); (20) Section 144.52—(Establishing permit conditions); (21) Section 144.53(a)—(Schedule of compliance); (22) Section 144.54—(Monitoring requirements); (23) Section 144.55—(Corrective Action); (24) Section 124.3(a)—(Application for a permit); (25) Section 124.5 (a), (c), (d), and (f)—(Modification of permits); (26) Section 124.6 (a), (c), (d), and (e)—(Draft Permit); (27) Section 124.8—(Fact sheets); (28) Section 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), (d), and (e)—(Public notice); (29) Section 124.11—(Public comments and requests for hearings); (30) Section 124.12(a)—(Public hearings); (31) Section 124.17 (a) and (c)—(Response to comments); (32) Section 144.88—(What are the additional requirements?); and (33) For states that… | |||
| 40:40:25.0.1.1.8.2.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.12 Requirements for compliance evaluation programs. | EPA | (a) State programs shall have procedures for receipt, evaluation, retention and investigation for possible enforcement of all notices and reports required of permittees and other regulated persons (and for investigation for possible enforcement of failure to submit these notices and reports). (b) State programs shall have inspection and surveillance procedures to determine, independent of information supplied by regulated persons, compliance or noncompliance with applicable program requirements. The State shall maintain: (1) A program which is capable of making comprehensive surveys of all facilities and activities subject to the State Director's authority to identify persons subject to regulation who have failed to comply with permit application or other program requirements. Any compilation, index, or inventory of such facilities and activities shall be made available to the Regional Administrator upon request; (2) A program for periodic inspections of the facilities and activities subject to regulation. These inspections shall be conducted in a manner designed to: (i) Determine compliance or noncompliance with issued permit conditions and other program requirements; (ii) Verify the accuracy of information submitted by permittees and other regulated persons in reporting forms and other forms supplying monitoring data; and (iii) Verify the adequacy of sampling, monitoring, and other methods used by permittees and other regulated persons to develop that information; (3) A program for investigating information obtained regarding violations of applicable program and permit requirements; and (4) Procedures for receiving and ensuring proper consideration of information submitted by the public about violations. Public effort in reporting violations shall be encouraged and the State Director shall make available information on reporting procedures. (c) The State Director and State officers engaged in compliance evaluation shall have authority to enter any site or premises subject to regulation or in which reco… | ||||
| 40:40:25.0.1.1.8.2.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.13 Requirements for enforcement authority. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 48 FR 39621, Sept. 1, 1983; 53 FR 37412, Sept. 26, 1988] | (a) Any State agency administering a program shall have available the following remedies for violations of State program requirements: (1) To restrain immediately and effectively any person by order or by suit in State court from engaging in any unauthorized activity which is endangering or causing damage to public health or environment; This paragraph requires that States have a mechanism (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to stop any unauthorized activity endangering public health or the environment. (2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit; (3) To assess or sue to recover in court civil penalties and to seek criminal remedies, including fines, as follows: (i) For all wells except Class II wells, civil penalties shall be recoverable for any program violation in at least the amount of $2,500 per day. For Class II wells, civil penalties shall be recoverable for any program violation in at least the amount of $1,000 per day. (ii) Criminal fines shall be recoverable in at least the amount of $5,000 per day against any person who willfully violates any program requirement, or for Class II wells, pipeline (production) severance shall be imposable against any person who willfully violates any program requirement. In many States the State Director will be represented in State courts by the State Attorney General or other appropriate legal officer. Although the State Director need not appear in court actions he or she should have power to request that any of the above actions be brought. (b)(1) The maximum civil penalty or criminal fine (as provided in paragraph (a)(3) of this section) shall be assessable for each instance of violation and, if the violation is continuous, shall be assessable up to the maximum amount for each day of violation. (2) The burden of proof and degree o… | |||
| 40:40:25.0.1.1.8.2.45.4 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | B | Subpart B—Requirements for State Programs | § 145.14 Sharing of information. | EPA | (a) Any information obtained or used in the administration of a State program shall be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing information under this section. Any information obtained from a State and subject to a claim of confidentiality will be treated in accordance with the regulations in 40 CFR part 2. If EPA obtains from a State information that is not claimed to be confidential, EPA may make that information available to the public without further notice. (b) EPA shall furnish to States with approved programs the information in its files not submitted under a claim of confidentiality which the State needs to implement its approved program. EPA shall furnish to States with approved programs information submitted to EPA under a claim of confidentiality, which the State needs to implement its approved program, subject to the conditions in 40 CFR part 2. | ||||
| 40:40:25.0.1.1.8.3.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.21 General requirements for program approvals. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 53 FR 37412, Sept. 26, 1988; 75 FR 77290, Dec. 10, 2010] | (a) States shall submit to the Administrator a proposed State UIC program complying with § 145.22 of this part within 270 days of the date of promulgation of the UIC regulations on June 24, 1980. The administrator may, for good cause, extend the date for submission of a proposed State UIC program for up to an additional 270 days. (b) States shall submit to the Administrator 6 months after the date of promulgation of the UIC regulations a report describing the State's progress in developing a UIC program. If the Administrator extends the time for submission of a UIC program an additional 270 days, pursuant to § 145.21(a), the State shall submit a second report six months after the first report is due. The Administrator may prescribe the manner and form of the report. (c) The requirements of § 145.21 (a) and (b) shall not apply to Indian Tribes. (d) EPA will establish a UIC program in any State which does not comply with paragraph (a) of this section. EPA will continue to operate a UIC program in such a State until the State receives approval of a UIC program in accordance with the requirements of this part. States which are authorized to administer the NPDES permit program under section 402 of CWA are encouraged to rely on existing statutory authority, to the extent possible, in developing a State UIC program. Section 402(b)(1)(D) of CWA requires that NPDES States have the authority “to issue permits which control the disposal of pollutants into wells.” In many instances, therefore, NPDES States will have existing statutory authority to regulate well disposal which satisfies the requirements of the UIC program. Note, however, that CWA excludes certain types of well injections from the definition of “pollutant.” If the State's statutory authority contains a similar exclusion it may need to be modified to qualify for UIC program approval. (e) If a State can demonstrate to EPA's satisfaction that there are no underground injections within the State for one or more classes of injection wells (other than Class IV … | |||
| 40:40:25.0.1.1.8.3.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.22 Elements of a program submission. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 75 FR 77290, Dec. 10, 2010] | (a) Any State that seeks to administer a program under this part shall submit to the Administrator at least three copies of a program submission. For Class VI programs, the entire submission can be sent electronically. The submission shall contain the following: (1) A letter from the Governor of the State requesting program approval; (2) A complete program description, as required by § 145.23, describing how the State intends to carry out its responsibilities under this part; (3) An Attorney General's statement as required by § 145.24; (4) A Memorandum of Agreement with the Regional Administrator as required by § 145.25; (5) Copies of all applicable State statutes and regulations, including those governing State administrative procedures; (6) The showing required by § 145.31(b) of the State's public participation activities prior to program submission. (b) Within 30 days of receipt by EPA of a State program submission, EPA will notify the State whether its submission is complete. If EPA finds that a State's submission is complete, the statutory review period ( i.e. , the period of time allotted for formal EPA review of a proposed State program under the Safe Drinking Water Act) shall be deemed to have begun on the date of receipt of the State's submission. If EPA finds that a State's submission is incomplete, the statutory review period shall not begin until all the necessary information is received by EPA. (c) If the State's submission is materially changed during the statutory review period, the statutory review period shall begin again upon receipt of the revised submission. (d) The State and EPA may extend the statutory review period by agreement. | |||
| 40:40:25.0.1.1.8.3.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.23 Program description. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 64 FR 68572, Dec. 7, 1999; 75 FR 77290, Dec. 10, 2010] | Any State that seeks to administer a program under this part shall submit a description of the program it proposes to administer in lieu of the Federal program under State law or under an interstate compact. For Class VI programs, the entire submission can be sent electronically. The program description shall include: (a) A description in narrative form of the scope, structure, coverage and processes of the State program. (b) A description (including organization charts) of the organization and structure of the State agency or agencies which will have responsibility for administering the program, including the information listed below. If more than one agency is responsible for administration of a program, each agency must have statewide jurisdiction over a class of activities. The responsibilities of each agency must be delineated, their procedures for coordination set forth, and an agency may be designated as a “lead agency” to facilitate communications between EPA and the State agencies having program responsibility. When the State proposes to administer a program of greater scope of coverage than is required by Federal law, the information provided under this paragraph shall indicate the resources dedicated to administering the Federally required portion of the program. (1) A description of the State agency staff who will carry out the State program, including the number, occupations, and general duties of the employees. The State need not submit complete job descriptions for every employee carrying out the State program. (2) An itemization of the estimated costs of establishing and administering the program for the first two years after approval, including cost of the personnel listed in paragraph (b)(1) of this section, cost of administrative support, and cost of technical support. (3) An itemization of the sources and amounts of funding, including an estimate of Federal grant money, available to the State Director for the first two years after approval to meet the costs listed in paragraph (b)(2) of t… | |||
| 40:40:25.0.1.1.8.3.45.4 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.24 Attorney General's statement. | EPA | (a) Any State that seeks to administer a program under this part shall submit a statement from the State Attorney General (or the attorney for those State or interstate agencies which have independent legal counsel) that the laws of the State, or an interstate compact, provide adequate authority to carry out the program described under § 145.23 and to meet the requirements of this part. This statement shall include citations to the specific statutes, administrative regulations, and, where appropriate, judicial decisions which demonstrate adequate authority. State statutes and regulations cited by the State Attorney General or independent legal counsel shall be in the form of lawfully adopted State statutes and regulations at the time the statement is signed and shall be fully effective by the time the program is approved. To qualify as “independent legal counsel” the attorney signing the statement required by this section must have full authority to independently represent the State agency in court on all matters pertaining to the State program. EPA will supply States with an Attorney General's statement format on request. (b) When a State seeks authority over activities on Indian lands, the statement shall contain an appropriate analysis of the State's authority. | ||||
| 40:40:25.0.1.1.8.3.45.5 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | C | Subpart C—State Program Submissions | § 145.25 Memorandum of Agreement with the Regional Administrator. | EPA | (a) Any State that seeks to administer a program under this part shall submit a Memorandum of Agreement. The Memorandum of Agreement shall be executed by the State Director and the Regional Administrator and shall become effective when approved by the Administrator. In addition to meeting the requirements of paragraph (b) of this section, the Memorandum of Agreement may include other terms, conditions, or agreements consistent with this part and relevant to the administration and enforcement of the State's regulatory program. The Administrator shall not approve any Memorandum of Agreement which contains provisions which restrict EPA's statutory oversight responsibility. (b) The Memorandum of Agreement shall include the following: (1) Provisions for the prompt transfer from EPA to the State of pending permit applications and any other information relevant to program operation not already in the possession of the State Director (e.g., support files for permit issuance, compliance reports, etc.). When existing permits are transferred from EPA to State for administration, the Memorandum of Agreement shall contain provisions specifying a procedure for transferring the administration of these permits. If a State lacks the authority to directly administer permits issued by the Federal government, a procedure may be established to transfer responsibility for these permits. For example, EPA and the State and the permittee could agree that the State would issue a permit(s) identical to the outstanding Federal permit which would simultaneously be terminated. (2) Provisions specifying classes and categories of permit applications, draft permits, and proposed permits that the State will send to the Regional Administrator for review, comment and, where applicable, objection. (3) Provisions specifying the frequency and content of reports, documents and other information which the State is required to submit to EPA. The State shall allow EPA to routinely review State records, reports, and files relevant to the administratio… | ||||
| 40:40:25.0.1.1.8.4.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.31 Approval process. | EPA | (a) Prior to submitting an application to the Administrator for approval of a State UIC program, the State shall issue public notice of its intent to adopt a UIC program and to seek program approval from EPA. This public notice shall: (1) Be circulated in a manner calculated to attract the attention of interested persons. Circulation of the public notice shall include publication in enough of the largest newspapers in the State to attract Statewide attention and mailing to persons on appropriate State mailing lists and to any other persons whom the agency has reason to believe are interested; (2) Indicate when and where the State's proposed program submission may be reviewed by the public; (3) Indicate the cost of obtaining a copy of the submission; (4) Provide for a comment period of not less than 30 days during which interested persons may comment on the proposed UIC program; (5) Schedule a public hearing on the State program for no less than 30 days after notice of the hearing is published; (6) Briefly outline the fundamental aspects of the State UIC program; and (7) Identify a person that an interested member of the public may contact for further information. (b) After complying with the requirements of paragraph (a) of this section any State may submit a proposed UIC program under section 1422 of SDWA and § 145.22 of this part to EPA for approval. Such a submission shall include a showing of compliance with paragraph (a) of this section; copies of all written comments received by the State; a transcript, recording or summary of any public hearing which was held by the State; and a responsiveness summary which identifies the public participation activities conducted, describes the matters presented to the public, summarizes significant comments received, and responds to these comments. A copy of the responsiveness summary shall be sent to those who testified at the hearing, and others upon request. (c) After determining that a State's submission for UIC program approval is complete the Administrator … | ||||
| 40:40:25.0.1.1.8.4.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.32 Procedures for revision of State programs. | EPA | [48 FR 14202, Apr. 1, 1983, as amended at 75 FR 77291, Dec. 10, 2010] | (a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The state shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities. (b) Revision of a State program shall be accomplished as follows: (1) The State shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances. (2) Whenever EPA determines that the proposed program revision is substantial, EPA shall issue public notice and provide an opportunity to comment for a period of at least 30 days. The public notice shall be mailed to interested persons and shall be published in the Federal Register and in enough of the largest newspapers in the State to provide Statewide coverage. The public notice shall summarize the proposed revisions and provide for the opportunity to request a public hearing. Such a hearing will be held is there if significant public interest based on requests received. All requests for expansions to the areal extent of Class II enhanced oil recovery or enhanced gas recovery aquifer exemptions for Class VI wells must be treated as substantial program revisions. (3) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking Water Act. (4) A program revision shall become effective upon the approval of the Administrator. Notice of approval of any substantial revision shall be published in the Federal Register. Notice of approval of non-substantial program revisions may be given by a letter from the Administrator to the State Governor or his designee. (c) States with approved programs shall notify EPA whenever they propose to transfer all or part of any program from the approved State agency to any other State agency, and sh… | |||
| 40:40:25.0.1.1.8.4.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.33 Criteria for withdrawal of State programs. | EPA | (a) The Administrator may withdraw program approval when a State program no longer complies with the requirements of this part, and the State fails to take corrective action. Such circumstances include the following: (1) When the State's legal authority no longer meets their requirements of this part, including: (i) Failure of the State to promulgate or enact new authorities when necessary; or (ii) Action by a State legislature or court striking down or limiting State authorities. (2) When the operation of the State program fails to comply with the requirements of this part, including: (i) Failure to exercise control over activities required to be regulated under this part, including failure to issue permits; (ii) Repeated issuance of permits which do not conform to the requirements of this part; or (iii) Failure to comply with the public participation requirements of this part. (3) When the State's enforcement program fails to comply with the requirements of this part, including: (i) Failure to act on violations of permits or other program requirements; (ii) Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or (iii) Failure to inspect and monitor activities subject to regulation. (4) When the State program fails to comply with the terms of the Memorandum of Agreement required under § 145.24. | ||||
| 40:40:25.0.1.1.8.4.45.4 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | D | Subpart D—Program Approval, Revision and Withdrawal | § 145.34 Procedures for withdrawal of State programs. | EPA | (a) A State with a program approved under this part may voluntarily transfer program responsibilities required by Federal law to EPA by taking the following actions, or in such other manner as may be agreed upon with the Administrator. (1) The State shall give the Administrator 180 days notice of the proposed transfer and shall submit a plan for the orderly transfer of all relevant program information not in the possession of EPA (such as permits, permit files, compliance files, reports, permit applications) which are necessary for EPA to administer the program. (2) Within 60 days of receiving the notice and transfer plan, the Administrator shall evaluate the State's transfer plan and shall identify any additional information needed by the Federal government for program administration and/or identify any other deficiencies in the plan. (3) At least 30 days before the transfer is to occur the Administrator shall publish notice of the transfer in the Federal Register and in enough of the largest newspapers in the State to provide Statewide coverage, and shall mail notice to all permit holders, permit applicants, other regulated persons and other interested persons on appropriate EPA and State mailing lists. (b) Approval of a State UIC program may be withdrawn and a Federal program established in its place when the Administrator determines, after holding a public hearing, that the State program is not in compliance with the requirements of SDWA and this part. (1) Notice to State of public hearing. If the Administrator has cause to believe that a State is not administering or enforcing its authorized program in compliance with the requirements of SDWA and this part, he or she shall inform the State by registered mail of the specific areas of alleged noncompliance. If the State demonstrates to the Administrator within 30 days of such notification that the State program is in compliance, the Administrator shall take no further action toward withdrawal and shall so notify the State by registered mail. (2) Pub… | ||||
| 40:40:25.0.1.1.8.5.45.1 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | E | Subpart E—Indian Tribes | § 145.52 Requirements for Tribal eligibility. | EPA | [53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994] | The Administrator is authorized to treat an Indian Tribe as eligible to apply for primary enforcement responsibility for the Underground Injection Control Program if it meets the following criteria: (a) The Indian Tribe is recognized by the Secretary of the Interior. (b) The Indian Tribe has a Tribal governing body which is currently “carrying out substantial governmental duties and powers” over a defined area, ( i.e., is currently performing governmental functions to promote the health, safety, and welfare of the affected population within a defined geographic area). (c) The Indian Tribe demonstrates that the functions to be performed in regulating the underground injection wells that the applicant intends to regulate are within the area of the Indian Tribal government's jurisdiction. (d) The Indian Tribe is reasonably expected to be capable, in the Administrator's judgment, of administering (in a manner consistent with the terms and purposes of the Act and all applicable regulations) an effective Underground Injection Control Program. | |||
| 40:40:25.0.1.1.8.5.45.2 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | E | Subpart E—Indian Tribes | § 145.56 Request by an Indian Tribe for a determination of eligibility. | EPA | [53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994] | An Indian Tribe may apply to the Administrator for a determination that it meets the criteria of section 1451 of the Act. The application shall be concise and describe how the Indian Tribe will meet each of the requirements of § 145.52. The application shall consist of the following: (a) A statement that the Tribe is recognized by the Secretary of the Interior. (b) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. The statement should: (1) Describe the form of the Tribal government; (2) Describe the types of governmental functions currently performed by the Tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population; taxation; and the exercise of the power of eminent domain; and (3) Identify the sources of the Tribal government's authority to carry out the governmental functions currently being performed. (c) A map or legal description of the area over which the Indian Tribe asserts jurisdiction; a statement by the Tribal Attorney General (or equivalent official) which describes the basis for the Tribe's jurisdictional assertion (including the nature or subject matter of the asserted jurisdiction); a copy of those documents such as Tribal constitutions, by-laws, charters, executive orders, codes, ordinances, and/or resolutions which the Tribe believes are relevant to its assertions regarding jurisdiction; and a description of the locations of the underground injection wells the Tribe proposes to regulate. (d) A narrative statement describing the capability of the Indian Tribe to administer an effective Underground Injection Control program which should include: (1) A description of the Indian Tribe's previous management experience which may include, the administration of programs and services authorized under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq. ),… | |||
| 40:40:25.0.1.1.8.5.45.3 | 40 | Protection of Environment | I | D | 145 | PART 145—STATE UIC PROGRAM REQUIREMENTS | E | Subpart E—Indian Tribes | § 145.58 Procedure for processing an Indian Tribe's application. | EPA | [53 FR 37412, Sept. 26, 1988, as amended at 59 FR 64345, Dec. 14, 1994] | (a) The Administrator shall process a completed application of an Indian Tribe in a timely manner. He shall promptly notify the Indian Tribe of receipt of the application. (b) A tribe that meets the requirements of § 145.52 is eligible to apply for development grants and primary enforcement responsibility for an Underground Injection Control program and the associated funding under section 1443(b) of the Act and primary enforcement responsibility for the Underground Injection Control Program under sections 1422 and/or 1425 of the Act. | |||
| 9:9:1.0.1.7.62.1.83.1 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.1 Definitions. | APHIS | [36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979] | Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. Except where the context otherwise requires, for the purposes of this part the following terms shall be construed, respectively, to mean: Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Affiliated flockowner. A flockowner who is participating in the Plan through an agreement with a participating hatchery. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Authorized agent. Any person designated under § 145.11(a) to collect official samples for submission to an authorized laboratory in accordance with part 147 of this subchapter. Authorized laboratory. An authorized laboratory is a laboratory that meets the requirements of § 147.52 and is thus qualified to perform assays in accordance with part 147 of this subchapter. Authorized testing agent. Any person designated under § 145.11(a) to collect official samples for submission to an authorized laboratory in accordance with part 147 of this subchapter and to perform the stained antigen, rapid whole blood test for pullorum typhoid. Avian influenza. Avian influenza is defined as an infection of poultry caused by any influenza A virus of the H5 or H7 subtypes or by any influenza A virus with an intravenous pathogenicity index (IVPI) greater than 1.2 (or as an alternative at least 75 percent mortality). Baby poultry. Newly hatched poultry (chicks, poults, ducklings, goslings, keets, etc.). Colon bacilli. For the purpose of this chapter, those organisms which are gram negative, non spore-forming bacilli, which ferment lactose with gas formation, and serve as an index of fecal contamination. Dealer. An individual or business that deals in commerce in hatching eggs, newly-hatched poultry, and started poultry obtained from breeding flocks and hatcheries. This does not inclu… | ||||
| 9:9:1.0.1.7.62.1.83.10 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.10 Terminology and classification; flocks, products, and States. | APHIS | [38 FR 13706, May 24, 1973. Redesignated at 44 FR 61586, Oct. 26, 1979] | Participating flocks, products produced from them, and States that have met the requirements of a classification in this part may be designated by the corresponding illustrative design in this section. (a) [Reserved] (b) U.S. Pullorum-Typhoid Clean. (See § 145.23(b), § 145.33(b), § 145.43(b), §§ 145.53(b), 145.63(a), 145.73(b), 145.83(b), 145.93(b), and 145.103(b).) (c) U.S. M. Gallisepticum Clean. (See §§ 145.23(c), 145.23(f), 145.33(c), 145.33(f), 145.43(c), 145.53(c), 145.73(c), and 145.83(c).) (d) U.S. Sanitation Monitored. (See § 145.33(d).) (e) U.S. M. Synoviae Clean. (See § 145.23(e), § 145.23(g), § 145.33(e), § 145.33(g), § 145.43(e), and § 145.53(d)). (f) U.S. M. Meleagridis Clean —(See § 145.43(d)). (g) U.S. Pullorum-Typhoid Clean State. (See §§ 145.24(a), 145.34(a), 145.44(a), 145.54(a), 145.94(a), and 145.104(a).) (h) U.S. Pullorum-Typhoid Clean State, Turkeys. (See § 145.44(b).) (i) U.S.M. Gallisepticum Clean State, Turkeys. (See § 145.44(c).) (j) U.S. M. Gallisepticum Clean State, Meat-Type Chickens. (See § 145.34(b).) (k) U.S. Sanitation Monitored, Turkeys. (See § 145.43(f).) (l) [Reserved] (m) U.S. S. Enteritidis Clean. (See §§ 145.23(d), 145.73(d), and 145.83(e).) (n) U.S. M. Synoviae Clean State, Turkeys. (See § 145.44(d).) (o) U.S. Salmonella Monitored. (See §§ 145.53(f), 145.73(g), 145.83(f), 145.93(d), and 145.103(d).) (p) U.S. M. Gallisepticum Monitored. (See § 145.33(j).) (q) U.S. M. Synoviae Monitored. (See § 145.33(k).) (r) U.S. Avian Influenza Clean. (See §§ 145.23(h), 145.33(l), 145.63(b), 145.73(f), and 145.83(g).) (s) U.S. M. Meleagridis Clean State, Turkeys. (See § 145.44(e).) (t) U.S. H5/H7 Avian Influenza Clean. (See §§ 145.43(g), 145.53(e), 145.93(c), and 145.103(c).) (u) U.S. Newcastle Clean. (See §§ 145.43(h), 145.73(h), and 145.83(h).) (v) U.S. Avian Influenza Clean Compartment. (See §§ 145.45, 145.74, and 145.84.) (w) U.S. Newcastle Disease Clean Compartment. (See §§ 145.45, 145.74, and 145.84.) | ||||
| 9:9:1.0.1.7.62.1.83.11 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.11 Supervision. | APHIS | [36 FR 23112, Dec. 3, 1971, as amended at 38 FR 13706, May 24, 1973; 41 FR 48723, Nov. 5, 1976. Redesignated at 44 FR 61586, Oct. 26, 1979, as amended at 72 FR 1418, Jan. 12, 2007] | (a) The Official State Agency may designate qualified persons as Authorized Agents to do the sample collecting provided for in § 145.14 and may designate qualified persons as Authorized Testing Agents to do the sample collecting and blood testing provided for in § 145.14. (b) The Official State Agency shall employ or authorize qualified persons as State Inspectors to perform the qualification testing of participating flocks, and to perform the official inspections necessary to verify compliance with the requirements of the Plan. (c) Authorities issued under the provisions of this section shall be subject to cancellation by the official State agency on the grounds of incompetence or failure to comply with the provisions of the Plan or regulations of the official State agency. Such actions shall not be taken until a thorough investigation has been made by the official State agency and the authorized person has been given notice of the proposed action and the basis therefor and an opportunity to present his views. | ||||
| 9:9:1.0.1.7.62.1.83.12 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.12 Inspections. | APHIS | [36 FR 23112, Dec. 3, 1971, as amended at 40 FR 1501, Jan. 8, 1975. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 54 FR 23955, June 5, 1989; 59 FR 12798, Mar. 18, 1994; 72 FR 1418, Jan. 12, 2007; 81 FR 53249, Aug. 12, 2016] | (a) Each participating hatchery shall be audited at least one time annually or a sufficient number of times each year to satisfy the Official State Agency that the operations of the hatchery are in compliance with the provisions of the Plan. (b) The records of all flocks maintained primarily for production of hatching eggs shall be made available to and examined annually by a State Inspector. Records shall include VS Form 9-2, “Flock Selecting and Testing Report”; VS Form 9-3, “Report of Sales of Hatching Eggs, Chicks, and Poults”; set and hatch records; egg receipts; and egg/chick orders or invoices. Records shall be maintained for 3 years. On-site inspections of flocks and premises will be conducted if the State Inspector determines that a breach of sanitation, blood testing, or other provisions has occurred for Plan programs for which the flocks have or are being qualified. | ||||
| 9:9:1.0.1.7.62.1.83.13 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.13 Debarment from participation. | APHIS | [36 FR 23112, Dec. 3, 1971, as amended at 38 FR 3038, Feb. 1, 1973. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 47 FR 21991, May 20, 1982; 67 FR 8468, Feb. 25, 2002] | Participants in the Plan, who after investigation by the Official State Agency or its representative, are notified in writing of their apparent noncompliance with the Plan provisions or regulations of the Official State Agency, shall be afforded a reasonable time, as specified by the Official State Agency, within which to demonstrate or achieve compliance. If compliance is not demonstrated or achieved within the specified time, the Official State Agency may debar the participant from further participation in the Plan for such period, or indefinitely, as the Agency may deem appropriate. The debarred participant shall be afforded notice of the bases for the debarment and opportunity to present his views with respect to the debarment in accordance with procedures adopted by the Official State Agency. The Official State Agency shall thereupon decide whether the debarment order shall continue in effect. Such decision shall be final unless the debarred participant, within 30 days after the issuance of the debarment order, requests the Administrator to determine the eligibility of the debarred participant for participation in the Plan. In such event the Administrator shall determine the matter de novo in accordance with the rules of practice in 7 CFR part 50, which are hereby made applicable to proceedings before the Administrator under this section. The definitions in 7 CFR 50.10 and the following definitions shall apply with respect to terms used in such rules of practice: (a) Administrator means the Administrator, Animal and Plant Health Inspection Service of the U.S. Department of Agriculture or any officer or employee to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead. | ||||
| 9:9:1.0.1.7.62.1.83.14 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.14 Testing. | APHIS | [36 FR 23112, Dec. 3, 1971] | Poultry must be more than 4 months of age when tested for an official classification with the following exceptions: Turkey candidates under subpart D of this part may be tested at more than 12 weeks of age; game bird candidates under subpart E or subpart J of this part may be tested when more than 4 months of age or upon reaching sexual maturity, whichever comes first; and ostrich, emu, rhea, and cassowary candidates under subpart F of this part may be tested when more than 12 months of age. Samples for official tests shall be collected by an Authorized Agent, Authorized Testing Agent, or State Inspector and tested by an authorized laboratory, except that the stained antigen, rapid whole-blood test for pullorum-typhoid may be conducted by an Authorized Testing Agent or State Inspector. Testing must be conducted as specified within the Subpart Plan program, with at least 1 bird tested from each pen and unit in the house and a minimum of 30 birds tested per house. The ratio of samples collected from male and female birds must be representative of birds throughout the house and flock. In houses containing fewer than 30 birds other than ostriches, emus, rheas, and cassowaries, all birds in the house must be tested, unless otherwise specified within the Plan program. (a) For Pullorum-Typhoid. (1) The official blood tests for pullorum-typhoid shall be the standard tube agglutination test, the microagglutination test, the enzyme-linked immunosorbent assay test (ELISA), or the rapid serum test for all poultry; and the stained antigen, rapid whole-blood test for all poultry except turkeys. Official blood tests must be conducted in accordance with part 147 of this subchapter (within the Program Standards document, Program Standard A applies to blood testing; alternatives to the program standards may also be approved by the Administrator under § 145.73 of this chapter) or according to literature provided by the producer. Only antigens approved by the Department and of the polyvalent type shall be used for the rapid whole… | ||||
| 9:9:1.0.1.7.62.1.83.15 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.15 Diagnostic surveillance program for low pathogenic avian influenza. | APHIS | [74 FR 14715, Apr. 1, 2009] | (a) The Official State Agency must develop a diagnostic surveillance program for H5/H7 low pathogenic avian influenza for all poultry in the State. The exact provisions of the program are at the discretion of the States. The Service will use the standards in paragraph (b) of this section in assessing individual State plans for adequacy, including the specific provisions that the State developed. The standards should be used by States in developing those plans. (b) Avian influenza must be a disease reportable to the responsible State authority (State veterinarian, etc.) by all licensed veterinarians. To accomplish this, all laboratories (private, State, and university laboratories) that perform diagnostic procedures on poultry must examine all submitted cases of unexplained respiratory disease, egg production drops, and mortality for avian influenza by both an approved serological test and an approved antigen detection test. Memoranda of understanding or other means must be used to establish testing and reporting criteria (including criteria that provide for reporting H5 and H7 low pathogenic avian influenza directly to the Service) and approved testing methods. In addition, States should conduct outreach to poultry producers, especially owners of smaller flocks, regarding the importance of prompt reporting of clinical symptoms consistent with avian influenza. | ||||
| 9:9:1.0.1.7.62.1.83.2 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.2 Administration. | APHIS | [36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 48 FR 57473, Dec. 30, 1983; 67 FR 8468, Feb. 25, 2002; 74 FR 14714, Apr. 1, 2009; 79 FR 38754, July 9, 2014; 81 FR 53249, Aug. 12, 2016; 90 FR 46745, Sept. 30, 2025] | (a) The Department cooperates through a Memorandum of Understanding with Official State Agencies in the administration of the Plan. In the Memorandum of Understanding, the Official State Agency must designate a contact representative to serve as a liaison between the Service and the Official State Agency. (b) The administrative procedures and decisions of the Official State Agency are subject to review by the Service. The Official State Agency shall carry out the administration of the Plan within the State according to the applicable provisions of the Plan and the Memorandum of Understanding. (c) An Official State Agency may accept for participation an affiliated flock located in another State under a mutual understanding and agreement, in writing, between the two Official State Agencies regarding conditions of participation and supervision. (d) The Official State Agency of any State may, except as limited by § 145.3(f), adopt regulations applicable to the administration of the Plan in such State further defining the provisions of the Plan or establishing higher standards compatible with the Plan. (e) An authorized laboratory of the National Poultry Improvement Plan will conduct tests in accordance with part 147 of this subchapter when determining the status of a participating flock with respect to an official Plan classification. | ||||
| 9:9:1.0.1.7.62.1.83.3 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.3 Participation. | APHIS | [36 FR 23112, Dec. 3, 1971, as amended at 40 FR 1500, Jan. 8, 1975. Redesignated at 44 FR 61586, Oct. 26, 1979 and amended at 48 FR 57473, Dec. 30, 1983; 57 FR 57341, Dec. 4, 1992; 63 FR 40010, July 27, 1998; 65 FR 8016, Feb. 17, 2000; 79 FR 38754, July 9, 2014; 81 FR 53249, Aug. 12, 2016] | (a) The National Poultry Improvement Plan is a cooperative Federal-State-Industry program through which new or existing diagnostic technology can be effectively applied to improve poultry and poultry products by controlling or eliminating specific poultry diseases. The Plan consists of programs that identify States, flocks, hatcheries, dealers, and slaughter plants that meet specific disease control standards specified in the Plan. Participants shall maintain records to demonstrate that they adhere to the disease control programs in which they participate. (b) Any person producing or dealing in products may participate in the Plan when he has demonstrated, to the satisfaction of the Official State Agency, that his facilities, personnel, and practices are adequate for carrying out the applicable provisions of the Plan, and has signed an agreement with the Official State Agency to comply with the general and the applicable specific provisions of the Plan and any regulations of the Official State Agency under § 145.2. Affiliated flockowners may participate without signing an agreement with the Official State Agency. (c) Each participant shall comply with the Plan throughout the operating year of the Official State Agency, or until released by such Agency. (d) A participant in any State shall participate with all of his poultry hatching egg supply flocks and hatchery operations within such State. The participant shall report to the Official State Agency on VS Form 9-2 (formerly NPIP Form 3B) or through other appropriate means each breeding flock before the birds reach 24 weeks of age or, in the case of ostriches, emus, rheas, and cassowaries, before the birds reach 20 months of age. This report will include: (1) Name and address of flockowner; (2) Flock location and designation; (3) Type: Primary or Multiplier; (4) Breed, variety, strain, or trade name of stock; (5) Source of males; (6) Source of females; (7) Number of birds in the flock; and (8) Intended classification of flock. (e) To ensure that Plan d… | ||||
| 9:9:1.0.1.7.62.1.83.4 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.4 General provisions for all participants. | APHIS | [36 FR 23112, Dec. 3, 1971, as amended at 38 FR 13706, May 24, 1973; 41 FR 48723, Nov. 5, 1976. Redesignated at 44 FR 61586, Oct. 26, 1979, as amended at 47 FR 21991, May 20, 1982; 48 FR 57473, Dec. 30, 1983; 57 FR 57341, Dec. 4, 1992; 83 FR 28352, June 19, 2018] | (a) Records of purchases and sales and the identity of products handled shall be maintained in a manner satisfactory to the Official State Agency. (b) Products, records of sales and purchase of products, and material used to advertise products shall be subject to inspection by the Official State Agency at any time. (c) Advertising must be in accordance with the Plan, and applicable rules and regulations of the Official State Agency and the Federal Trade Commission. A participant advertising products as being of any official classification may include in his advertising reference to associated or franchised hatcheries only when such hatcheries produce the same kind of products of the same classification. (d) Except as provided by this paragraph, participants in the Plan may not buy or receive products for any purpose from nonparticipants unless they are part of an equivalent program, as determined by the Official State Agency. Participants in the Plan may buy or receive products from flocks that are neither participants nor part of an equivalent program, for use in breeding flocks or for experimental purposes, under the following conditions only: (1) With the permission of the Official State Agency and the concurrence of the Service; and (2) By segregation of all birds before introduction into the breeding flock. Upon reaching sexual maturity, the segregated birds must be tested and found negative for pullorum-typhoid and any other disease for which the flock into which the birds are being introduced holds a disease classification. The Official State Agency may require a second test at its discretion. (e) Each participant shall be assigned a permanent approval number by the Service. This number, prefaced by the numerical code of the State, will be the official approval number of the participant and may be used on each certificate, invoice, shipping label, or other document used by the participant in the sale of his products. Each Official State Agency which requires an approval or permit number for out-of-St… | ||||
| 9:9:1.0.1.7.62.1.83.5 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.5 Specific provisions for participating flocks. | APHIS | [36 FR 23112, Dec. 3, 1971, as amended at 38 FR 13706, May 24, 1973. Redesignated at 44 FR 61586, Oct. 26, 1979, as amended at 63 FR 40010, July 27, 1998; 79 FR 38754, July 9, 2014; 90 FR 46745, Sept. 30, 2025] | (a) Poultry equipment, and poultry houses and the land in the immediate vicinity thereof, shall be kept in sanitary condition in accordance with part 147 of this subchapter. The participating flock, its eggs, and all equipment used in connection with the flock shall be separated from nonparticipating flocks, in a manner acceptable to the Official State Agency. (b) All flocks shall consist of healthy, normal individuals characteristic of the breed, variety, cross, or other combination which they are stated to represent. (c) A flock shall be deemed to be a participating flock at any time only if it has qualified for the U.S. Pullorum-Typhoid Clean classification, as prescribed in subparts B, C, D, E, F, G, H, I, or J of this part. (d) Each bird shall be identified with a sealed and numbered band obtained through or approved by the Official State Agency: Provided, That exception may be made at the discretion of the Official State Agency. | ||||
| 9:9:1.0.1.7.62.1.83.6 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.6 Specific provisions for participating hatcheries. | APHIS | [36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 49 FR 19802, May 10, 1984; 65 FR 8016, Feb. 17, 2000; 67 FR 8468, Feb. 25, 2002; 79 FR 38754, July 9, 2014] | (a) Hatcheries must be kept in sanitary condition, acceptable to the Official State Agency. The sanitary procedures outlined in the NPIP Program Standards, or other procedures approved by the Administrator in accordance with § 147.53(d), will be considered as a guide in determining compliance with this provision. The minimum requirements with respect to sanitation include the following: (1) Egg room walls, ceilings, floors, air filters, drains, and humidifiers should be cleaned and disinfected at least two times per week. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter. (2) Incubator room walls, ceilings, floors, doors, fan grills, vents, and ducts should be cleaned and disinfected after each set or transfer. Incubator rooms should not be used for storage. Plenums should be cleaned at least weekly. Egg trays and buggies should be cleaned and disinfected after each transfer. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter. (3) Hatcher walls, ceilings, floors, doors, fans, vents, and ducts should be cleaned and disinfected after each hatch. Hatcher rooms should be cleaned and disinfected after each hatch and should not be used for storage. Plenums should be cleaned after each hatch. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter. (4) Chick/poult processing equipment and rooms should be thoroughly cleaned and disinfected after each hatch. Chick/poult boxes should be cleaned and disinfected before being reused. Vaccination equipment should be cleaned and disinfected after each use. Cleaning and disinfection procedures should be in accordance with part 147 of this subchapter. (5) Hatchery residue, such as chick/poult down, eggshells, infertile eggs, and dead germs, should be disposed of promptly and in a manner satisfactory to the Official State Agency. (6) The entire hatchery should be kept in a neat, orderly condition and cleaned and disinfected after each hatch. (7) Effec… | ||||
| 9:9:1.0.1.7.62.1.83.7 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.7 Specific provisions for participating dealers. | APHIS | [85 FR 62564, Oct. 5, 2020] | Dealers in hatching eggs, newly hatched poultry, or started poultry shall comply with the provisions in this part (within the NPIP Program Standards document, Program Standard C applies to hatcheries; alternatives to the program standards may also be approved by the Administrator under § 147.53 of this subchapter). | ||||
| 9:9:1.0.1.7.62.1.83.8 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.8 Terminology and classification; general. | APHIS | (a) The official classification terms defined in §§ 145.9 and 145.10 and the various designs illustrative of the official classifications reproduced in § 145.10 may be used only by participants and to describe products that have met all the specific requirements of such classifications. (b) Products produced under the Plan shall lose their identity under Plan terminology when they are purchased for resale by or consigned to nonparticipants. (c) Participating flocks, their eggs, and the baby and started poultry produced from them may be designated by their strain or trade name. When a breeder's trade name or strain designation is used, the participant shall be able by records to substantiate that the products so designated are from flocks that are composed of either birds hatched from eggs produced under the direct supervision of the breeder of such strain, or stock multiplied by persons designated and so reported by the breeder to each Official State Agency concerned. | |||||
| 9:9:1.0.1.7.62.1.83.9 | 9 | Animals and Animal Products | I | G | 145 | A | Subpart A—General Provisions | § 145.9 Terminology and classification; hatcheries and dealers. | APHIS | [36 FR 23112, Dec. 3, 1971. Redesignated at 44 FR 61586, Oct. 26, 1979, and amended at 47 FR 21991, May 20, 1982] | Participating hatcheries and dealers shall be designated as “National Plan Hatchery” and “National Plan Dealer”, respectively. All Official State Agencies shall be notified by the Service of additions, withdrawals, and changes in classification. | ||||
| 9:9:1.0.1.7.62.10.83.1 | 9 | Animals and Animal Products | I | G | 145 | J | Subpart J—Special Provisions for Egg/Meat-Type Game Bird and Raised-for-Release Game Bird Breeding Flocks and Products | § 145.101 Definitions. | APHIS | Except where the context otherwise requires, for the purposes of this subpart the following terms shall be construed, respectively, to mean: Egg/meat-type bird. Birds grown under confinement for the primary purpose of producing eggs and/or meat for human consumption. Game birds. Domesticated fowl such as pheasants, partridge, quail, grouse, and guineas, but not doves and pigeons. Raised-for-release bird. Birds grown under confinement for the primary purpose of producing eggs, chicks, started, or mature birds for release on game preserves or in the wild. | |||||
| 9:9:1.0.1.7.62.10.83.2 | 9 | Animals and Animal Products | I | G | 145 | J | Subpart J—Special Provisions for Egg/Meat-Type Game Bird and Raised-for-Release Game Bird Breeding Flocks and Products | § 145.102 Participation. | APHIS | [85 FR 62568, Oct. 5, 2020, as amended at 90 FR 46747, Sept. 30, 2025] | Participating flocks of egg/meat-type game birds, raised-for-release game birds, and the products produced from them shall comply with the applicable general provisions of subpart A of this part and the special provisions of this subpart. Participation is broken into the following categories of operation and products: (a) The categories for operation are: (1) Breeder. An individual or business that maintains a breeding flock for the purpose of producing eggs, chicks, started, or mature birds. A breeder that is also a hatchery and/or grower shall be categorized as a breeder. (2) Hatchery. A category of operations in which an individual or business does not have a breeding flock, but hatches eggs for the purpose of producing chicks, started, or mature birds. A hatchery that is also a grower shall be categorized as a hatchery. (3) Grower. A category of operations in which an individual or business does not have a breeding flock or hatchery, but raises birds for the purpose of selling started or mature birds. (4) Dealer. An individual or business that resells eggs, chicks, started, or mature birds. Products a dealer handles are typically resold within 30 days or less. (b) The categories for products are: (1) Egg. An egg laid by a female bird for the purpose of hatching a chick. (2) Chick. A bird that is newly hatched from an egg. (3) Started bird. A bird that is between the age of a newly hatched chick and a mature bird. (4) Mature bird. A bird that is fully colored and has reached the average maximum size specific to each species. (c) Products shall lose their identity under Plan terminology when not maintained by Plan participants under the conditions prescribed in § 145.5(a). (d) Hatching eggs produced by breeding flocks shall be nest clean, fumigated, or otherwise sanitized in accordance with part 147 of this subchapter. (e) Under this subpart, gallinaceous flocks and waterfowl flocks may not be raised on the same premises. If they are on the same premises, they must be registered und… | ||||
| 9:9:1.0.1.7.62.10.83.3 | 9 | Animals and Animal Products | I | G | 145 | J | Subpart J—Special Provisions for Egg/Meat-Type Game Bird and Raised-for-Release Game Bird Breeding Flocks and Products | § 145.103 Terminology and classification; flocks and products. | APHIS | [85 FR 62568, Oct. 5, 2020, as amended at 90 FR 46747, Sept. 30, 2025] | Participating flocks, and the eggs, chicks, started, and mature birds produced from them, which have met the respective requirements specified in this section may be designated by the following terms and the corresponding designs illustrated in § 145.10. (a) [Reserved] (b) U.S. Pullorum-Typhoid Clean. A flock in which freedom from pullorum and typhoid has been demonstrated to the Official State Agency under paragraph (b)(1), (2), or (3) of this section. (See § 145.14 relating to the official blood test where applicable.): (1) It has been officially blood tested within the past 12 months with either no reactors or reactors that, upon further bacteriological examination conducted in accordance with part 147 of this subchapter, fail to isolate Salmonella Pullorum or Salmonella Gallinarum. (2) It is a started or mature bird flock that meets the following specifications as determined by the Official State Agency and the Service: (i) The flock is located in a State where all persons performing poultry disease diagnostic services within the State are required to report to the Official State Agency within 48 hours the source of all poultry specimens from which Salmonella Pullorum or Salmonella Gallinarum is isolated; (ii) The flock is composed entirely of birds that originated from U.S. Pullorum-Typhoid Clean breeding flocks or from flocks that met equivalent requirements under official supervision; and (iii) The flock is located on a premises where a flock not classified as U.S. Pullorum-Typhoid Clean was located the previous year; Provided, That an Authorized Testing Agent must blood test up to 300 birds per flock, as described in § 145.14, if the Official State Agency determines that the flock has been exposed to pullorum-typhoid. In making determinations of exposure and setting the number of birds to be blood tested, the Official State Agency shall evaluate the results of any blood tests, described in § 145.14(a)(1), that were performed on an unclassified flock located on the premises during the pr… |
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