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166 rows where part_number = 146 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 17:17:2.0.1.1.18.0.1.1 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.1 Purpose and scope. | CFTC | (a) This part contains the rules of the Commodity Futures Trading Commission implementing the Privacy Act of 1974 (Pub. L. 93-579, 5 U.S.C. 552a). These rules apply to all records maintained by this Commission which are not excepted or exempted as set forth in § 146.12, insofar as they contain personal information concerning an individual, identify that individual by name or other symbol and are contained in a system of records from which information is retrieved by the individual's name or identifying symbol. Among the primary purposes of these rules are to permit individuals to determine whether information about them is contained in Commission files and, if so, to obtain access to that information; to establish procedures whereby individuals may have inaccurate and incomplete information corrected; and, to restrict access by unauthorized persons to that information. (b) In this part the Commission is also exempting certain Commission systems of records from some of the provisions of the Privacy Act of 1974 that would otherwise be applicable to those systems. These exemptions are authorized under the Privacy Act, 5 U.S.C. 552a(k). | |||||||
| 17:17:2.0.1.1.18.0.1.10 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.10 Information supplied by the Commission when collecting information from an individual. | CFTC | The Commission will inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual of: (a) The authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary; (b) The principal purpose or purposes for which the information is intended to be used; (c) The routine uses which may be made of the information, as published in the Federal Register; and (d) The effects on him, if any, of not providing all or any part of the requested information. | |||||||
| 17:17:2.0.1.1.18.0.1.11 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.11 Public notice of records systems. | CFTC | [41 FR 3212, Jan. 21, 1976, as amended at 41 FR 28261, July 9, 1976; 45 FR 26955, Apr. 22, 1980; 60 FR 49336, Sept. 25, 1995; 65 FR 53560, Sept. 5, 2000] | (a) The Commission will publish in the Federal Register at least biennially a notice of the existence and character of each of its systems of records, which notice shall include— (1) The name and location of the system; (2) The categories of individuals on whom records are maintained in the system; (3) The categories of records maintained in the system; (4) Each routine use of the records contained in the system, including the categories of users and the purpose of such use; (5) The policies and practices of the Commission regarding storage, retrievability, access controls, retention, and disposal of the records; (6) The title and business address of the Commission official who is responsible for the system of records; (7) The procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him; (8) The procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its contents; and (9) The categories of sources of records in the system. (b) Copies of the notices as printed in the Federal Register will be available in each office of the Commission. Locations of Commission offices are listed in § 145.6. Mail requests shall be directed to the FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. The first copy will be furnished free of charge. A charge will be made for each additional copy. | ||||||
| 17:17:2.0.1.1.18.0.1.12 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.12 Exemptions. | CFTC | [89 FR 51212, June 17, 2024] | The Commission is exempting from certain provisions of the Privacy Act the systems of records set forth in this section. In addition, when these systems of records and any other of the Commission's systems of records maintain a record received from another system of records that is exempted from one or more provisions of the Privacy Act, the Commission will claim the same exemptions for that record that are claimed for the system of records from which it originated. (a) CFTC-1 Enforcement Matter Register and Matter Indices. The system of records identified as CFTC-1 Enforcement Matter Register and Matter Indices contains an index and registry of enforcement investigations. Pursuant to 5 U.S.C. 552a(k)(2) and subject to the requirements and limitations set forth therein, the Commission is exempting this system of records from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d)(1) through (4); (e)(1); (e)(4)(G) through (I); and (f), and from the following corresponding sections of these rules: §§ 146.3; 146.5; 146.6(d); 146.11(a)(7) through (9); and 146.7(a). Exemptions from these particular sections of the Privacy Act and CFTC's rules promulgated thereunder are justified for the following reasons: (1) From section (c)(3) (Accounting of Certain Disclosures), because release of the accounting of certain disclosures could alert the subject of an investigation to the existence and extent of that investigation and reveal the investigative interests of the Commission and the recipient entity. Release of such information to the subject of an investigation could reasonably be anticipated to impede and interfere with the Commission's efforts to identify and investigate unlawful activities. (2) From sections (d)(1) through (4) (Access and Amendment), because individual access to these records could alert the subject of an investigation to the existence and extent of that investigation and reveal the investigative interests of the Commission and others. Providing a subject with access to these records … | ||||||
| 17:17:2.0.1.1.18.0.1.2 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.2 Definitions. | CFTC | [41 FR 3212, Jan. 21, 1976, as amended at 45 FR 26954, Apr. 22, 1980; 89 FR 71818, Sept. 4, 2024] | For purposes of this part 146: (a) The term Commission means the Commodity Futures Trading Commission; (b) The term Executive Director refers to the executive level staff official appointed pursuant to section 2(a)(5) of the Commodity Exchange Act. (c) The term 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; (d) The term individual means a citizen of the United States or an alien lawfully admitted for permanent residence; (e) The term maintain includes maintain, collect, use, or disseminate; (f) The term record means any item, collection, or grouping of information about an individual that is maintained by the Commission, including but not limited to, his education, financial transactions, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual; (g) The term system of records means a group of any records under the control of the Commission from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (h) The term system notice means a notice of the existence and character of the Commission's system of records published in the Federal Register pursuant to § 146.11(a) of these rules; (i) The term routine use means, with respect to the disclosure of a record, the use of that record for a purpose which is compatible with the purpose for which it was collected; (j) The term Freedom of Information Act encompasses both the Freedom of Information Act, as amended, 5 U.S.C. 552, and the Commission's rules contained in part 145 of this title. (k) The term agency means any executive department, military department, Government corporation, Government controlled corporation or other establishment in the Executive branch of the Government or any independent regulatory agency. | ||||||
| 17:17:2.0.1.1.18.0.1.3 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.3 Requests by an individual for information or access. | CFTC | [41 FR 3212, Jan. 21, 1976, as amended at 41 FR 28260, July 9, 1976; 60 FR 49335, Sept. 25, 1995; 89 FR 71818, Sept. 4, 2024] | (a) Any individual may request information on whether a system of records maintained by the Commission contains any information pertaining to him, or may request access to his record or to any information pertaining to them which is contained in a system of records. All requests shall be directed to the FOIA compliance staff in the Office of the General Counsel at the Commission's Washington, DC headquarters and clearly marked “Privacy Act request.” (b) A request for information or for access to records under this part may be made by mail or in person. The request shall: (1) Be in writing and signed by the individual making the request; (2) Include the full name (including the middle name) of the individual seeking the information or record, his home address and telephone number, his business address and telephone number; and (3) If he is or ever has been registered with the Commission or its predecessor agency, or associated with a firm so registered as a partner, officer or director or 10% shareholder, state in what capacity he is or was registered. (c) For each system of records from which information is sought, the request shall: (1) Specify the title and identifying number for that system as it appears in the system notice published by the Commission; (2) Provide additional identifying information, if any, specified in the system notice; (3) Describe the specific information or kind of information sought within that system of records; and (4) Set forth any special arrangements sought concerning the time, place, or form of access. A description of the information contained in a system notice and instructions on how to obtain copies of the Commission's system notices appear in § 146.11(b). (d) The Commission will respond in writing to a request made under this section within ten days (excluding Saturdays, Sundays and legal public holidays) after receipt of the request. If a definitive reply cannot be given within ten days, the request will be acknowledged and an explanation will be given of the statu… | ||||||
| 17:17:2.0.1.1.18.0.1.4 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.4 Procedures for identifying the individual making the request. | CFTC | [41 FR 3212, Jan. 21, 1976, as amended at 41 FR 28260, July 9, 1976; 60 FR 49335, Sept. 25, 1995; 89 FR 71818, Sept. 4, 2024 | When a request for information or for access to records has been made pursuant to § 146.3, before information is given or access is granted pursuant to § 146.5 of these rules the Commission shall require reasonable identification of the person making the request to insure that information is given and records are disclosed only to the proper person. (a) An individual may establish his identity by: (1) Submitting with his request for information or for access a photocopy of two pieces of identification bearing his name and signature, one of which shall bear his current home or business address; or (2) Appearing at any office of the Commission (located at the addresses set forth in § 145.6 of these rules) during the regular working hours for that office and presenting either: (i) One piece of identification containing a photograph and signature, such as a drivers license or passport or (ii) Two pieces of identification bearing his name and signature, one of which shall bear his current home or business address; or (3) Providing such other proof of identity as the Commission deems satisfactory in the circumstances of a particular request. (b) If the General Counsel or other designated Commission official determines that the data in a requested record is so sensitive that unauthorized access could cause harm or embarrassment to the person whose 71818, produce satisfactory evidence of identity under paragraph (a) of this section, the individual making the request may be required to submit a notarized statement attesting to their identity and that they are familiar with and understand the criminal penalties provided under section 1001 of title 18 of the U.S. Code for making false statements to a Government agency and under the Privacy Act, section 552a(i)(3) of title 5 of the U.S. Code, for obtaining records under false pretenses. Copies of these statutory provisions and forms for such notarized statements may be attained upon request from the FOIA compliance staff in the Office of the General Counsel at the Com… | ||||||
| 17:17:2.0.1.1.18.0.1.5 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.5 Disclosure of requested information to individuals; fee for copies of records. | CFTC | [41 FR 3212, Jan. 21, 1976, as amended at 41 FR 28261, July 9, 1976; 45 FR 26954, Apr. 22, 1980; 60 FR 49335, Sept. 25, 1995; 89 FR 71818, Sept. 4, 2024] | (a) Any individual who has requested access to his record or to any information pertaining to him in the manner prescribed in § 146.3, and has identified himself as prescribed in § 146.4, shall be permitted to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, subject to fees for copying services set forth in appendix A to this part. Upon his request persons of his own choosing may accompany him, but the individual shall first furnish a written statement authorizing discussion of that individual's record in the accompany persons' presence. (b) Access will generally be granted in the office of the Commission where the records are maintained during normal business hours, but for good cause shown the Commission may grant access at another office of the Commission or at different times for the convenience of the individual making the request. (c) Where a document containing information about an individual also contains information not pertaining to him, the portion not pertaining to the individual shall not be disclosed to him except to the extent the information is available to any person under the Freedom of Information Act. If the records sought cannot be provided for review and copying in a meaningful form, the Commission shall provide to the individual a report of the information concerning the individual contained in the record or records which shall be complete and accurate in all material aspects. (d) Where the disclosure involves medical records, the records may be provided only to a physician designated in writing by the individual. (e) Requests for copies of documents may be directed to the FOIA compliance staffr to the member of the Commission's staff through whom arrangements for access were made. (f) Fees for copies of records shall be charged as set forth in the schedule of fees contained in appendix A to this part. Copies of the schedule may be obtained upon request from the FOIA compliance staff in the Office of the General Counsel at the Commis… | ||||||
| 17:17:2.0.1.1.18.0.1.6 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.6 Disclosure to third parties. | CFTC | [41 FR 3212, Jan. 21, 1976, as amended at 41 FR 28261, July 9, 1976; 48 FR 22136, May 17, 1983; 49 FR 4465, Feb. 7, 1984; 60 FR 49335, Sept. 25, 1995; 89 FR 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. (a) The Commission shall not disclose to any agency or to any person by any means of communication a record pertaining to an individual which is contained in a system of records, except under the following circumstances: (1) The individual to whom the record pertains has given his written consent to the disclosure; (2) The disclosure is to officers and employees of the Commission who need it in the performance of their duties; (3) Disclosure is required under the Freedom of Information Act (5 U.S.C. 552); (4) Disclosure is for a routine use as defined in § 146.2(i) and described in the system notice for that system of records; (5) The disclosure is made to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity; (6) The disclosure is made to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (7) The disclosure is made to another agency or to an instrumentality of any Governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law and if the head of the agency or instrumentality has made a written request to the Commission specifying the particular portion desired and the law enforcement activity for which the record is sought; (8) The disclosure is made to a person pursuant to a showing of compe… | ||||||
| 17:17:2.0.1.1.18.0.1.7 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.7 Content of systems of records. | CFTC | (a) The Commission will maintain in its records only such information about an individual as is relevant and necessary to accomplish the purposes of the Commodity Exchange Act and other purposes required to be accomplished by statute or by executive order of the President. (b) The Commission will maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity. (c) The Commission will collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs. (d) The Commission will maintain all records which are used by the Commission in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination. | |||||||
| 17:17:2.0.1.1.18.0.1.8 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.8 Amendment of a record. | CFTC | [41 FR 3211, Jan. 21, 1976, as amended at 41 FR 28261, July 9, 1976; 60 FR 49335, Sept. 25, 1995; 89 FR 71818, Sept. 4, 2024] | (a) Any individual may request amendment of information pertaining to them which is contained in a system of records maintained by the Commission and which is filed under their name or other individual identifier if they believe the information is not accurate, relevant, timely or complete. A request for amendment shall be directed to the FOIA compliance staff at the Commission's Washington, DC headquarters. (b) A request for amendment may be made by mail or in person and shall: (1) Be in writing and signed by the person making the request; (2) describe the particular record to be amended with sufficient specificity to permit the record to be located among those maintained by the Commission; and (3) specify the nature of the amendment sought and the justification for the requested change. The person making the request may be required to provide the information specified in §§ 146.3 and 146.4 of these rules in order to simplify identification of the record and permit verification of the identity of the person making the request for amendment. (c) Receipt of a request for amendment will be acknowledged in writing within ten days (excluding Saturdays, Sundays, and legal public holidays) except that, if the individual is given notice within the ten day period that his request will or will not be complied with, no acknowledgement is required. (d) Assistance in preparing a request to amend a record may be obtained from the Chief Privacy Officer at the Commission's Washington, DC headquarters. (e) Upon receipt of a request for amendment the General Council of the Commission or a person designated by the Executive Director shall promptly determine whether the record is materially inaccurate, incomplete, misleading, or is irrelevant or not timely, as claimed by the individual, and, if so, shall cause the record to be amended in accordance with the individual's request. (f) If the General Council or designee grants the request to amend the record, the individual shall promptly be advised of the decision and of the act… | ||||||
| 17:17:2.0.1.1.18.0.1.9 | 17 | Commodity and Securities Exchanges | I | 146 | PART 146—RECORDS MAINTAINED ON INDIVIDUALS | § 146.9 Appeals to the Commission. | CFTC | [41 FR 3211, Jan. 21, 1976, as amended at 41 FR 28261, July 9, 1976; 45 FR 26954, Apr. 22, 1980; 51 FR 26874, July 28, 1986; 60 FR 49336, Sept. 25, 1995; 89 FR 71818, Sept. 4, 2024] | (a) Any individual may petition the Commission: (1) To review a refusal to comply with an individual request for access to records pursuant to the Privacy Act, 5 U.S.C. 552a(d)(1), and §§ 146.3 and 146.5 of the rules in this part; (2) To review denial of a request for amendment made pursuant to § 146.8; (3) To correct any determination that may have been made adverse to the individual based in whole or in part upon inaccurate, irrelevant, untimely or incomplete information; (4) To correct a failure to comply with any other provision of the Privacy Act, 5 U.S.C. 552a, and the rules of this part 146, which has had an adverse effect on the individual. (b) The petition to the Commission shall be in writing and shall (1) state in what manner it is claimed the Commission or any Commission employee has failed or refused to comply with provisions of the Privacy Act or of the rules contained in this part 146, and (2) set forth the corrective action the petitioner wishes the Commission to take. The petitioner may, if he wishes, state such facts and cite such legal or other authorities as he considers appropriate. (c) The petition shall be directed to the General Counsel, Office of the General Counsel at the Commission's Washington, DC headquarters. (d) The Commission will make a determination of any petition filed pursuant to this § 146.9 within thirty days (excluding Saturdays, Sundays and legal public holidays) after receipt by the FOI, Privacy and Sunshine Acts compliance staff, Office of the Secretariat of the petition, unless for good cause shown, the Commission extends the 30-day period. If a petition is denied, the Commission will notify the petitioner in writing and state the reasons therefor. (e) Where the petition is made for review of a denial of a request for amendment made pursuant to § 146.8, the following additional procedures shall apply: (1) If upon review the Commission grants the petition to amend the record, notice of the correction and its substance shall be given to each person or agency to w… | ||||||
| 21:21:2.0.1.1.31.1.1.1 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | A | Subpart A—General Provisions | § 146.3 Definitions. | FDA | 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) Compliance means the following: Unless otherwise provided in a standard, a lot of canned fruits shall be deemed in compliance for the following factors, to be determined by the sampling and acceptance procedure as provided in paragraph (h) of this section, namely: (1) Quality. The quality of a lot shall be considered acceptable when the number of defectives does not exceed the acceptance number in the sampling plans. (2) Fill of container. A lot shall be deemed to be in compliance for fill of container when the number of defectives does not exceed the acceptance number (c) in the sampling plans. (h) The sampling and acceptance procedure means the following: (1) Definitions —(i) Lot. A collection of primary containers or units of the same size, type, and style manufactured or packed under similar conditions and handled as a single unit of trade. (ii) Lot size. The n… | ||||
| 21:21:2.0.1.1.31.2.1.1 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.114 Lemon juice. | FDA | [45 FR 7786, Feb. 5, 1980, as amended at 47 FR 11830, Mar. 19, 1982; 49 FR 10100, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2881, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Identity —(1) Description. Lemon juice is the unfermented juice, obtained by mechanical process, from sound, mature lemons ( Citrus limon (L.) Burm. f.), from which seeds (except embryonic seeds and small fragments of seed which cannot be separated by good manufacturing practice) and excess pulp are removed. The juice may be adjusted by the addition of the optional concentrated lemon juice ingredient specified in paragraph (a)(2) of this section in such quantity so that the increase in acidity, calculated as anhydrous citric acid, does not exceed 15 percent of the acidity of the finished food. The lemon oil and lemon essence (derived from lemons) content may be adjusted in accordance with good manufacturing practice. The juice may have been concentrated and later reconstituted. When prepared from concentrated lemon juice, the finished food contains not less than 6 percent, by weight, of soluble solids taken as the refractometric sucrose value (of the filtrate), corrected to 20 °C, but uncorrected for acidity, in accordance with the “International Scale of Refractive Indices of Sucrose Solutions” in section 52.012 of “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference, and has a titratable acidity content of not less than 4.5 percent, by weight, calculated as anhydrous citrus acid. Copies of the incorporation by reference 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. The food may contain one or any combination of the safe and suitable optional ingredients specified in paragraph (a)(2) of this section. Lemon juice, as defined in this paragraph, may be preserved by heat sterilization (canning), refrigeration, fr… | |||
| 21:21:2.0.1.1.31.2.1.10 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.145 Orange juice from concentrate. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 58 FR 2881, Jan. 6, 1993] | (a) Orange juice from concentrate is the food prepared by mixing water with frozen concentrated orange juice as defined in § 146.146 or with concentrated orange juice for manufacturing as defined in § 146.153 (when made from mature oranges), or both. To such mixture may be added orange juice as defined in § 146.135, frozen orange juice as defined in § 146.137, pasteurized orange juice as defined in § 146.140, orange juice for manufacturing as defined in § 146.151 (when made from mature oranges and preserved by chilling or freezing but not by canning), orange oil, orange pulp, and one or more of the sweetening ingredients listed in paragraph (b) of this section. The finished orange juice from concentrate contains not less than 11.8 percent orange juice soluble solids, exclusive of solids of any added optional sweetening ingredients. It may be so treated by heat as to reduce substantially the enzymatic activity and the number of viable microorganisms. (b) The sweetening ingredients referred to in paragraph (a) of this section are sugar, sugar sirup, invert sugar, invert sugar sirup, dextrose, corn sirup, dried corn sirup, glucose sirup, dried glucose sirup. (c) The name of the food is “Orange juice from concentrate”. The words “from concentrate” shall be shown in letters not less than one-half the height of the letters in the words “orange juice”. (d) When orange juice from concentrate contains any optional sweetening ingredient as listed in paragraph (b) of this section, whether added directly as such or indirectly as an added ingredient of any orange juice product used, the label shall bear the statement “______ added”, the blank being filled in with the name or an appropriate combination of the names of the sweetening ingredients added. However, for the purposes of this section the name “sweetener” may be used in lieu of the specific name or names of the sweetening ingredients. (e) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase,… | |||
| 21:21:2.0.1.1.31.2.1.11 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.146 Frozen concentrated orange juice. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 57 FR 57667, Dec. 7, 1992; 58 FR 2881, Jan. 6, 1993] | (a) Frozen concentrated orange juice is the food prepared by removing water from the juice of mature oranges as provided in § 146.135, to which may be added unfermented juice obtained from mature oranges of the species Citrus reticulata, other Citrus reticulata hybrids, or of Citrus aurantium, or both. However, in the unconcentrated blend, the volume of juice from Citrus reticulata or Citrus reticulata hybrids shall not exceed 10 percent (except that this limitation shall not apply to the hybrid species described in § 146.135) and from Citrus aurantium shall not exceed 5 percent. The concentrate so obtained is frozen. In its preparation, seeds (except embryonic seeds and small fragments of seeds that cannot be separated by good manufacturing practice) and excess pulp are removed, and a properly prepared water extract of the excess pulp so removed may be added. Orange oil, orange pulp, orange essence (obtained from orange juice), orange juice and other orange juice concentrate as provided in this section or concentrated orange juice for manufacturing provided in § 146.153 (when made from mature oranges), water, and one or more of the optional sweetening ingredients specified in paragraph (b) of this section may be added to adjust the final composition. The juice of Citrus reticulata and Citrus aurantium, as permitted by this paragraph, may be added in single strength or concentrated form prior to concentration of the Citrus sinensis juice, or in concentrated form during adjustment of the composition of the finished food. The addition of concentrated juice from Citrus reticulata or Citrus aurantium, or both, shall not exceed, on a single-strength basis, the 10 percent maximum for Citrus reticulata and the 5 percent maximum for Citrus aurantium prescribed by this paragraph. Any of the ingredients of the finished concentrate may have been so treated by heat as to reduce substantially the enzymatic activity and the number of viable microorganisms. The finished food is of such concentration th… | |||
| 21:21:2.0.1.1.31.2.1.12 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.148 Reduced acid frozen concentrated orange juice. | FDA | [45 FR 12414, Feb. 26, 1980, as amended at 58 FR 2881, Jan. 6, 1993] | (a) Reduced acid frozen concentrated orange juice is the food that complies with the requirements for composition and label declaration of ingredients prescribed for frozen concentrated orange juice by § 146.146, except that it may not contain any added sweetening ingredient. A process involving the use of anionic ion-exchange resins permitted by § 173.25 of this chapter is used to reduce the acidity of the food so that the ratio of the Brix reading to the grams of acid, expressed as anhydrous citric acid, per 100 grams of juice is not less than 21 to 1 or more than 26 to 1. (b) The name of the food is “Reduced acid frozen concentrated orange juice”. | |||
| 21:21:2.0.1.1.31.2.1.13 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.150 Canned concentrated orange juice. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 58 FR 2881, Jan. 6, 1993] | (a) Canned concentrated orange juice is the food that complies with the requirements of composition, definition of dilution ratio, and labeling of ingredients prescribed for frozen concentrated orange juice by § 146.146, except that it is not frozen and it is sealed in containers and so processed by heat, either before or after sealing, so as to prevent spoilage. (b) The name of the food when concentrated to a dilution ratio of 3 plus 1 is “Canned concentrated orange juice” or “Canned orange juice concentrate”. The name of the food when concentrated to a dilution ratio greater than 3 plus 1 is “Canned concentrated orange juice, ______ plus 1” or “Canned orange juice concentrate, ______ plus 1”, the blank being filled in with the whole number showing the dilution ratio; for example, “Canned orange juice concentrate, 4 plus 1”. However, where the label bears directions for making 1 quart of single-strength diluted product (or multiples of a quart) the blank in the name may be filled in with a mixed number; for example, “Canned orange juice concentrate, 4 1/3 plus 1”. For containers larger than 1 pint, the dilution ratio in the name may be replaced by the concentration of orange juice soluble solids in degrees Brix; for example, a 62° Brix concentrate in 1-gallon cans may be named on the label “canned concentrated orange juice, 62° Brix”. If the food does not purport to be frozen concentrated orange juice, the word “canned” may be omitted from the name. | |||
| 21:21:2.0.1.1.31.2.1.14 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.151 Orange juice for manufacturing. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 57 FR 57667, Dec. 7, 1992] | (a) Orange juice for manufacturing is the food prepared for further manufacturing use. It is prepared from unfermented juice obtained from oranges as provided in § 146.135, except that the oranges may deviate from the standards for maturity in that they are below the minimum for Brix and Brix-acid ratio for such oranges, and to which juice may be added not more than 10 percent by volume of the unfermented juice obtained from oranges of the species Citrus reticulata or Citrus reticulata hybrids (except that this limitation shall not apply to the hybrid species described in § 146.135). Seeds (except embryonic seeds and small fragments of seeds that cannot be separated by good manufacturing practice) are removed, and pulp and orange oil may be adjusted in accordance with good manufacturing practice. If pulp is added it shall be other than washed or spent pulp. The juice or portions thereof may be so treated by heat as to reduce substantially the enzymatic activity and number of viable microorganisms, and it may be chilled or frozen, or it may be so treated by heat, either before or after sealing in containers, as to prevent spoilage. (b) The name of the food is “Orange juice for manufacturing”. | |||
| 21:21:2.0.1.1.31.2.1.15 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.152 Orange juice with preservative. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 44 FR 36378, June 22, 1979; 58 FR 2881, Jan. 6, 1993] | (a) Orange juice with preservative is the food prepared for further manufacturing use. It complies with the requirements for composition of orange juice for manufacturing as provided for in § 146.151, except that a preservative is added to inhibit spoilage. It may be heat-treated to reduce substantially the enzymatic activity and the number of viable microorganisms. (b) The preservatives referred to in paragraph (a) of this section are any safe and suitable preservatives or combinations thereof. (c) The name of the food is “Orange juice with preservative”. (d) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. In addition, the name of each preservative shall be proceeded by a statement of the percent by weight of the preservative used. If the food is packed in container sizes that are less than 19 liters (5 gallons), the label shall bear a statement indicating that the food is for further manufacturing use only. (e) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement specified in paragraph (d) of this section for naming the preservative ingredient used shall immediately and conspicuously precede or follow the name of the food, without intervening written, printed, or graphic matter. | |||
| 21:21:2.0.1.1.31.2.1.16 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.153 Concentrated orange juice for manufacturing. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 58 FR 2881, Jan. 6, 1993] | (a) Concentrated orange juice for manufacturing is the food that complies with the requirements of composition and label declaration of ingredients prescribed for frozen concentrated orange juice by § 146.146, except that it is either not frozen or is less concentrated, or both, and the oranges from which the juice is obtained may deviate from the standards for maturity in that they are below the minimum Brix and Brix-acid ratio for such oranges: Provided, however, that the concentration of orange juice soluble solids is not less than 20° Brix. (b) The name of the food is “Concentrated orange juice for manufacturing, ______” or “______ orange juice concentrate for manufacturing”, the blank being filled in with the figure showing the concentration of orange juice soluble solids in degrees Brix. | |||
| 21:21:2.0.1.1.31.2.1.17 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.154 Concentrated orange juice with preservative. | FDA | [42 FR 14414, Mar. 15, 1977, as amended at 44 FR 36378, June 22, 1979; 58 FR 2882, Jan. 6, 1993] | (a) Concentrated orange juice with preservative complies with the requirements for composition and labeling of optional ingredients prescribed for concentrated orange juice for manufacturing by § 146.153, except that a preservative is added to inhibit spoilage. (b) The preservatives referred to in paragraph (a) of this section are any safe and suitable preservatives or combinations thereof. (c) The name of the food is “Concentrated orange juice with preservative, ______”, the blank being filled in with the figure showing the concentration of orange juice soluble solids in degrees Brix. (d) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. In addition, the name of each preservative shall be preceded by a statement of the percent by weight of the preservative used. If the food is packed in container sizes that are less than 19 liters (5 gallons), the label shall bear a statement indicating that the food is for further manufacturing use only. (e) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the statement specified in paragraph (d) of this section for naming the preservative ingredient used shall immediately and conspicuously precede or follow the name of the food, without intervening written, printed, or graphic matter. | |||
| 21:21:2.0.1.1.31.2.1.18 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.185 Pineapple juice. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 47 FR 11831, Mar. 19, 1982; 47 FR 52694, Nov. 23, 1982; 49 FR 10101, Mar. 19, 1984; 50 FR 19524, May 9, 1985; 54 FR 24895, June 12, 1989; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Identity. (1) Pineapple juice is the juice, intended for direct consumption, obtained by mechanical process from the flesh or parts thereof, with or without core material, of sound, ripe pineapple ( Ananas comosus L. Merrill). The juice may have been concentrated and later reconstituted with water suitable for the purpose of maintaining essential composition and quality factors of the juice. Pineapple juice may contain finely divided insoluble solids, but it does not contain pieces of shell, seeds, or other coarse or hard substances or excess pulp. It may be sweetened with any safe and suitable dry nutritive carbohydrate sweetener. However, if the pineapple juice is prepared from concentrate, such sweeteners, in liquid form, also may be used. It may contain added vitamin C in a quantity such that the total vitamin C in each 4 fluid ounces of the finished food amounts to not less than 30 milligrams and not more than 60 milligrams. In the processing of pineapple juice, dimethylpolysiloxane complying with the requirements of § 173.340 of this chapter may be employed as a defoaming agent in an amount not greater than 10 parts per million by weight of the finished food. Such food is prepared by heat sterilization, refrigeration, or freezing. When sealed in a container to be held at ambient temperatures, it is so processed by heat, before or after sealing, as to prevent spoilage. (2) The name of the food is “Pineapple juice” if the juice from which it is prepared has not been concentrated and/or diluted with water. The name of the food is “Pineapple juice from concentrate” if the finished juice has been made from pineapple juice concentrate as specified in paragraph (a) of this section. If a nutritive sweetener is added, the label shall bear the statement “Sweetener added.” If no sweetener is added, the word “Unsweetened” may immediately precede or follow the words “Pineapple juice” or “Pineapple juice from concentrate.” (3) Label declaration. Each of the ingredients used in the food shall be declared on the… | |||
| 21:21:2.0.1.1.31.2.1.19 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.187 Canned prune juice. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 58 FR 2882, Jan. 6, 1993] | (a) Canned prune juice is the food prepared from a water extract of dried prunes and contains not less than 18.5 percent by weight of water-soluble solids extracted from dried prunes. The quantity of prune solids may be adjusted by the concentration, dilution, or both, of the water extract or extracts made. Such food may contain one or more of the optional acidifying ingredients specified in paragraph (b)(1) of this section, in a quantity sufficient to render the food slightly tart; it may contain honey added within the quantitative limits prescribed by paragraph (b)(2) of this section; and it may contain added vitamin C in a quantity prescribed by paragraph (b)(3) of this section. Such food is sealed in a container and so processed by heat, before or after sealing, as to prevent spoilage. (b) The optional ingredients referred to in paragraph (a) of this section are: (1) One or any combination of two or more of the following acidifying ingredients: (i) Lemon juice. (ii) Lime juice. (iii) Citric acid. (2) Honey, in a quantity not less than 2 percent and not more than 3 percent by weight of the finished food. (3) Vitamin C, in a quantity such that the total vitamin C in each 6 fluid ounces of the finished food amounts to not less than 30 milligrams and not more than 50 milligrams. (c)(1) The name of the food is “Prune juice—a water extract of dried prunes”. For the purposes of the Federal Food, Drug, and Cosmetic Act concerning the label declaration of the name of the food, the explanatory statement “A water extract of dried prunes” may appear immediately below the words “prune juice”, but there shall be no intervening written, printed, or graphic matter, and the type used for the words “A water extract of dried prunes” shall be of the same style and not less than half the print size of the type used for the words “prune juice”. (2)(i) When one or more of the acidifying ingredients specified in paragraph (b)(1) of this section are used, the label shall bear the statement “______ added” or “with added _____… | |||
| 21:21:2.0.1.1.31.2.1.2 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.120 Frozen concentrate for lemonade. | FDA | [42 FR 14433, 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 2881, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Frozen concentrate for lemonade is the frozen food prepared from one or both of the lemon juice ingredients specified in paragraph (b) of this section together with one or any mixture of safe and suitable nutritive carbohydrate sweeteners. The product contains not less than 48.0 percent by weight of soluble solids taken as the sucrose value determined by refractometer and corrected for acidity prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), section 22.025, “Frozen Concentrate for Lemonade (12),” under the heading “Soluble Solids by Refractometer—Official First Action,” which is incorporated by reference. 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 When the product is diluted according to directions for making lemonade which shall appear on the label, the acidity of the lemonade, calculated as anhydrous citric acid, shall be not less than 0.70 gram per 100 milliliters, and the soluble solids, measured as described for the concentrate, shall be not less than 10.5 percent by weight. (b) The lemon juice ingredients referred to in paragraph (a) of this section are: (1) Lemon juice or frozen lemon juice or a mixture of these. (2) Concentrated lemon juice or frozen concentrated lemon juice or a mixture of these. For the purposes of this section, lemon juice is the undiluted juice expressed from mature lemons of an acid variety; and concentrated lemon juice is lemon juice from which part of the water has been removed. In the preparation of the lemon juice ingredients, the lemon oil content may be adjusted by the addition of lemon oil or concentrated lemon oil in accordance with good manufacturing practice, and the lemon pulp … | |||
| 21:21:2.0.1.1.31.2.1.3 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.121 Frozen concentrate for artificially sweetened lemonade. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 58 FR 2881, Jan. 6, 1993] | (a) Frozen concentrate for artificially sweetened lemonade conforms to the definition and standard of identity prescribed for frozen concentrate for lemonade by § 146.120, except that in lieu of nutritive sweeteners it is sweetened with one or more of the artificial sweetening ingredients listed in and complying with the requirements of parts 172, 180 or 184 of this chapter, and the soluble solids specifications prescribed in § 146.120(a) do not apply. When the product is diluted according to directions which shall appear on the label, the acidity of the artificially sweetened lemonade, calculated as anhydrous citric acid, shall be not less than 0.70 gram per 100 milliliters. It may contain one or more safe and suitable dispersing ingredients serving the function of distributing the lemon oil throughout the food. It may also contain one or more safe and suitable thickening ingredients. Such dispersing and thickening ingredients are not food additives as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act; or if they are food additives as so defined, they are used in conformity with regulations established pursuant to section 409 of the act. (b) [Reserved] (c) The name of the food is “Frozen concentrate for artificially sweetened lemonade”. The words “artificially sweetened” shall be of the same size and style of type as the word “lemonade”. (d) If an optional thickening or dispersing ingredient referred to in paragraph (a) of this section is used, the label shall bear the statement “______ added” or “with added ______”, the blank being filled in with the common name of the thickening or dispersing agent used. Such statement shall be set forth on the label with such prominence and conspicuousness as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase. (e) Frozen concentrate for artificially sweetened lemonade is labeled to conform to the labeling requirements prescribed for foods which purport to be or are represented for special die… | |||
| 21:21:2.0.1.1.31.2.1.4 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.126 Frozen concentrate for colored lemonade. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 58 FR 2881, Jan. 6, 1993] | (a) Frozen concentrate for colored lemonade conforms to the definition and standard of identity prescribed for frozen concentrate for lemonade by § 146.120, except that it is colored with a safe and suitable fruit juice, vegetable juice, or any such juice in concentrated form, or with any other color additive ingredient suitable for use in food, including artificial coloring, used in conformity with regulations established pursuant to section 721 of the Federal Food, Drug, and Cosmetic Act. (b) The name of the food is “Frozen concentrate for ______ lemonade”, the blank being filled in with the word describing the color: for example, “Frozen concentrate for pink lemonade”. (c) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. | |||
| 21:21:2.0.1.1.31.2.1.5 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.132 Grapefruit juice. | FDA | [46 FR 8464, Jan. 27, 1981; 46 FR 21359, Apr. 10, 1981; 46 FR 26300, May 12, 1981, as amended at 47 FR 11830, Mar. 19, 1982; 47 FR 24287, June 4, 1982; 47 FR 43364, Oct. 1, 1982; 58 FR 2881, Jan. 6, 1993; 66 FR 17359, Mar. 30, 2001] | (a) Identity —(1) Description. Grapefruit juice is the unfermented juice, intended for direct consumption, obtained by mechanical process from sound, mature grapefruit ( Citrus paradisi Macfadyen) from which seeds and peel (except embryonic seeds and small fragments of seeds and peel which cannot be separated by good manufacturing practice) and excess pulp are removed and to which may be added not more than 10 percent by volume of the unfermented juice obtained from mature hybrids of grapefruit. The juice may be adjusted by the addition of the optional concentrated grapefruit juice ingredients specified in paragraph (a)(2) of this section, but the quantity of such concentrated grapefruit juice ingredient added shall not contribute more than 15 percent of the grapefruit juice soluble solids in the finished food. The grapefruit pulp, grapefruit oil, and grapefruit essence (components derived from grapefruit) content may be adjusted in accordance with good manufacturing practice. The juice may have been concentrated and later reconstituted with water suitable for the purpose of maintaining essential composition and quality factors of the juice. It may be sweetened with the dry nutritive sweeteners referred to in paragraph (a)(2)(iii) of this section. If the grapefruit juice is prepared from concentrate, such sweeteners, in liquid form, referred to in paragraph (a)(2)(iii) of this section, also may be used. When prepared from concentrated grapefruit juice, exclusive of added sweeteners, the finished food contains not less than 10 percent, by weight, of soluble solids taken as the refractometric sucrose value (of the filtrate), corrected to 20 °C, and corrected for acidity by adding (0.012 + 0.193x-0.0004x 2 ), where x equals the percent anhydrous citric acid in the sample, to the refractometrically obtained sucrose value by the first method prescribed in “Correction of Refractometer Sucrose Readings for Citric Acid Content for Lemonade,” by Yeatman, Senzel, and Springer, “Journal of the Association of Official A… | |||
| 21:21:2.0.1.1.31.2.1.6 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.135 Orange juice. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 57 FR 57667, Dec. 7, 1992] | (a) Orange juice is the unfermented juice obtained from mature oranges of the species Citrus sinensis or of the citrus hybrid commonly called “Ambersweet” ( 1/2 Citrus sinensis X 3/8 Citrus reticulata X 1/8 Citrus paradisi (USDA Selection:1-100-29: 1972 Whitmore Foundation Farm)). Seeds (except embryonic seeds and small fragments of seeds that cannot be separated by current good manufacturing practice) and excess pulp are removed. The juice may be chilled, but it is not frozen. (b) The name of the food is “orange juice”. The name “orange juice” may be preceded on the label by the varietal name of the oranges used, and if the oranges grew in a single State, the name of such State may be included in the name, as for example, “California Valencia orange juice”. | |||
| 21:21:2.0.1.1.31.2.1.7 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.137 Frozen orange juice. | FDA | (a) Frozen orange juice is orange juice as defined in § 146.135, except that it is frozen. (b) The name of the food is “Frozen orange juice”. Such name may be preceded on the label by the varietal name of the oranges used, and if the oranges grew in a single State, the name of such State may be included in the name, as for example, “California Valencia frozen orange juice”. | ||||
| 21:21:2.0.1.1.31.2.1.8 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.140 Pasteurized orange juice. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 57 FR 57667, Dec. 7, 1992; 58 FR 2881, Jan. 6, 1993] | (a) Pasteurized orange juice is the food prepared from unfermented juice obtained from mature oranges as specified in § 146.135, to which may be added not more that 10 percent by volume of the unfermented juice obtained from mature oranges of the species Citrus reticulata or Citrus reticulata hybrids (except that this limitation shall not apply to the hybrid species described in § 146.135). Seeds (except embryonic seeds and small fragments of seeds that cannot be separated by good manufacturing practice) are removed, and pulp and orange oil may be adjusted in accordance with good manufacturing practice. If the adjustment involves the addition of pulp, then such pulp shall not be of the washed or spent type. The solids may be adjusted by the addition of one or more of the optional concentrated orange juice ingredients specified in paragraph (b) of this section. One or more of the optional sweetening ingredients listed in paragraph (c) of this section may be added in a quantity reasonably necessary to raise the Brix or the Brix-acid ratio to any point within the normal range usually found in unfermented juice obtained from mature oranges as specified in § 146.135. The orange juice is so treated by heat as to reduce substantially the enzymatic activity and the number of viable microorganisms. Either before or after such heat treatment, all or a part of the product may be frozen. The finished pasteurized orange juice contains not less than 10.5 percent by weight of orange juice soluble solids, exclusive of the solids of any added optional sweetening ingredients, and the ratio of the Brix hydrometer reading to the grams of anhydrous citric acid per 100 milliliters of juice is not less than 10 to 1. (b) The optional concentrated orange juice ingredients referred to in paragraph (a) of this section are frozen concentrated orange juice as specified in § 146.146 and concentrated orange juice for manufacturing as specified in § 146.153 when made from mature oranges; but the quantity of such concentrated orange juice i… | |||
| 21:21:2.0.1.1.31.2.1.9 | 21 | Food and Drugs | I | B | 146 | PART 146—CANNED FRUIT JUICES | B | Subpart B—Requirements for Specific Standardized Canned Fruit Juices and Beverages | § 146.141 Canned orange juice. | FDA | [42 FR 14433, Mar. 15, 1977, as amended at 57 FR 57667, Dec. 7, 1992; 58 FR 2881, Jan. 6, 1993] | (a) Canned orange juice is the food prepared from orange juice as specified in § 146.135 or frozen orange juice as specified in § 146.137, or a combination of both, to which may be added not more than 10 percent by volume of the unfermented juice obtained from mature oranges of the species Citrus reticulata or Citrus reticulata hybrids (except that this limitation shall not apply to the hybrid species described in § 146.135). Seeds (except embryonic seeds and small fragments of seeds that cannot be separated by good manufacturing practice) are removed. Orange oil and pulp may be adjusted in accordance with good manufacturing practice. The adjustment of pulp referred to in this paragraph does not permit the addition of washed or spent pulp. Liquid condensate recovered from the deoiling operation may be added back. One or more of the optional sweetening ingredients named in paragraph (b) of this section may be added, in a quantity reasonably necessary to raise the Brix or the Brix-acid ratio to any point within the normal range usually found in unfermented juice obtained from mature oranges as specified in § 146.135. The food is sealed in containers and so processed by heat, either before or after sealing, as to prevent spoilage. The finished canned orange juice tests not less than 10° Brix, and the ratio of the Brix hydrometer reading to the grams of anhydrous citric acid per 100 milliliters of juice is not less than 9 to 1. (b) The optional sweetening ingredients referred to in paragraph (a) of this section are sugar, invert sugar, dextrose, dried corn sirup, dried glucose sirup. (c) The name of the food is “Canned orange juice”. All the words in the name shall appear in the same size, color, and style of type and on the same color-contrasting background. If the food is not sold under refrigeration and if it does not purport to be chilled pasteurized orange juice or frozen pasteurized orange juice, the word “canned” may be omitted from the name. (d) If one or more of the sweetening ingredients specified in… | |||
| 24:24:1.2.1.1.10.1.67.1 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General | § 146.1 Purpose of the Age Discrimination Act of 1975. | HUD | The Age Discrimination Act of 1975 (the Act) prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. The Act, however, permits federally assisted programs and activities and recipients of Federal funds to continue to use certain age distinctions and factors other than age which meet the requirements of the Act and this part. | |||||
| 24:24:1.2.1.1.10.1.67.2 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General | § 146.3 Purpose of HUD's age discrimination regulation. | HUD | The purpose of this part is to state HUD's policies and procedures under the Age Discrimination Act of 1975, consistent with the government-wide age discrimination regulation contained at 45 CFR part 90. | |||||
| 24:24:1.2.1.1.10.1.67.3 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General | § 146.5 Applicability of part. | HUD | This part applies to each program or activity that receives Federal financial assistance provided by HUD. | |||||
| 24:24:1.2.1.1.10.1.67.4 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General | § 146.7 Definitions. | HUD | [51 FR 45266, Dec. 17, 1986, as amended at 61 FR 5206, Feb. 9, 1996] | The terms HUD and Secretary are defined in 24 CFR part 5. Act means the Age Discrimination Act of 1975, 42 U.S.C. 6101-07. Action means any act, activity, policy, rule, standard, or method of administration or the use of any policy, rule, standard, or method of administration. Age means how old a person is, or the number of elapsed years from the date of a person's birth. Age distinction means any action using age or an age-related term. Age-related term means a word or words which necessarily imply a particular age or range of ages (for example, children, adult, older persons, but not student ). Federal financial assistance means any grant, entitlement, loan, cooperative agreement, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which HUD provides or otherwise makes available assistance in the form of: (a) Funds; (b) Service of Federal personnel; or (c) Real or personal property or any interest in or use of property, including: (1) Transfers or leases of property for less than fair market value or for reduced consideration; and (2) Proceeds from a subsequent transfer or lease of property if the Federal share of its fair market value is not returned to the Federal government. Recipient means any State or its political subdivisions; any instrumentality of a State or its political subdivisions; any public or private agency; any Indian tribe or Alaskan Native Village, institution, organization, or other entity; or any person to which Federal financial assistance is extended, directly or through another recipient. Recipient includes any successor, assignee, or transferee, but does not include the ultimate beneficiary of the assistance. Subrecipient means any of the entities in the definition of recipient to which a recipient extends or passes on Federal financial assistance. A subrecipient is regarded as a recipient of Federal financial assistance and has all the duties of a recipient set out in this part. United States m… | ||||
| 24:24:1.2.1.1.10.2.67.1 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | B | Subpart B—Standards for Determining Age Discrimination | § 146.11 Scope of subpart. | HUD | This subpart contains the standards that HUD will use to determine whether an age distinction, or a factor other than age that may have a disproportionate effect on persons of different ages, is prohibited. | |||||
| 24:24:1.2.1.1.10.2.67.2 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | B | Subpart B—Standards for Determining Age Discrimination | § 146.13 Rules against age discrimination. | HUD | (a) The rules stated in this paragraph are limited by the exceptions contained in paragraphs (b) and (c) of this section. (1) General rule. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance. (2) Specific rules. A recipient may not, in any program or activity receiving Federal financial assistance, directly or through contracting, licensing, or other arrangements, use age distinctions or take any other actions that have the effect, on the basis of age, of: (i) Excluding individuals from, denying them the benefits of, or subjecting them to discrimination under, a program or activity receiving Federal financial assistance; or (ii) Denying or limiting individuals in their opportunity to participate in any program or activity receiving Federal financial assistance. (3) The specific forms of age discrimination listed in paragraph (a)(2) of this section do not necessarily constitute a complete list. (b) Exceptions for normal operation or statutory objective of any program or activity. A recipient is permitted to take an action otherwise prohibited by paragraph (a) of this section if the action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of a program or activity, if: (1) Age is used as a measure or approximation of one or more other characteristics; and (2) The other characteristics must be measured or approximated in order for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and (3) The other characteristics can be reasonably measured or approximated by the use of age; and (4) The other characteristics are impractica… | |||||
| 24:24:1.2.1.1.10.3.67.1 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | C | Subpart C—Duties of HUD Recipients | § 146.21 General responsibilities. | HUD | [51 FR 45266, Dec. 17, 1986, as amended at 52 FR 7408, Mar. 11, 1987] | Each recipient has primary responsibility to ensure that its programs and activities that receive Federal financial assistance from HUD comply with the provisions of the Act, the government-wide regulation, and this part, and shall take steps to eliminate violations of the Act. A recipient also has responsibility to maintain records, provide information, and to afford HUD access to its records to the extent HUD finds necessary to determine whether a program or activity receiving Federal financial assistance from HUD is in compliance with the Act and this part. | ||||
| 24:24:1.2.1.1.10.3.67.2 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | C | Subpart C—Duties of HUD Recipients | § 146.23 Notice of subrecipients. | HUD | Whenever a recipient passes Federal financial assistance from HUD to subrecipients, the recipient shall provide the subrecipient with written notice of its obligations under this part and the recipient will remain responsible for the subrecipient's compliance with respect to programs and activities receiving Federal financial assistance from HUD. | |||||
| 24:24:1.2.1.1.10.3.67.3 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | C | Subpart C—Duties of HUD Recipients | § 146.25 Assurance of compliance and recipient assessment of age distinctions. | HUD | [51 FR 45266, Dec. 17, 1986, as amended at 52 FR 7408, Mar. 11, 1987] | (a) Each recipient of Federal financial assistance from HUD shall sign a written assurance as specified by HUD that it will comply with the Act and this part with respect to programs and activities receiving Federal financial assistance from HUD. (b) As part of a compliance review under § 146.31 or an investigation under § 146.37, HUD may require a recipient employing the equivalent of 15 or more employees to complete, in a manner specified by the Secretary or Secretary's designee, a written self-evaluation of any age distinction imposed in its program or activity receiving Federal financial assistance from HUD, so that HUD may have to assess the recipient's compliance with the Act. Whenever an assessment indicates a violation of the Act or this part, the recipient shall take corrective action to remedy the violation. | ||||
| 24:24:1.2.1.1.10.3.67.4 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | C | Subpart C—Duties of HUD Recipients | § 146.27 Information requirements. | HUD | [51 FR 45266, Dec. 17, 1986, as amended at 52 FR 7408, Mar. 11, 1987] | In order to make it possible for HUD to determine whether recipients are in compliance with the Act and this part, each recipient shall: (a) Keep records in a form and containing information that HUD determines is necessary; (b) Make information available to HUD upon request; (c) Permit reasonable access by HUD to the books, records, accounts and other recipient facilities and sources of information. | ||||
| 24:24:1.2.1.1.10.4.67.1 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.31 Compliance reviews. | HUD | (a) HUD may conduct pre-award reviews to determine whether programs or activities submitted for HUD assistance are consistent with the age distinctions set forth at § 146.13(b). (b) If a pre-award review indicates that the proposed programs or activities are not consistent with the age distinctions set forth at § 146.13(b), the application will be returned to the applicant for additional information or clarification or for correction consistent with this part. (c) HUD may conduct compliance reviews of recipients that will enable it to investigate and correct violations of this part. HUD may conduct these reviews even in the absence of a complaint against a recipient. The review may be as comprehensive as necessary for HUD to determine whether a violation has occurred. (d) If a compliance review indicates a violation, HUD will attempt to achieve voluntary compliance. If voluntary compliance cannot be achieved, HUD may begin enforcement procedures as provided in § 146.39. | |||||
| 24:24:1.2.1.1.10.4.67.10 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.49 Alternate funds disbursal procedure. | HUD | (a) Except as otherwise provided in this paragraph and to the extent authorized by law, the Secretary may redisburse funds withheld or terminated under this part directly to an alternate recipient, including any public or non-profit private organization or agency, State or political subdivision of the State. Under title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5301, funds withheld because of a reduction or withdrawal of a recipient's Community Development Block Grant must be reallocated in the succeeding fiscal year, in accordance with the applicable regulations governing that program. (b) The Secretary shall require the alternate recipient to demonstrate: (1) The ability to comply with the regulations; and (2) The ability to achieve the goals of the Federal statute authorizing the program or activity. | |||||
| 24:24:1.2.1.1.10.4.67.2 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.33 Complaints. | HUD | [51 FR 45266, Dec. 17, 1986, as amended at 52 FR 7408, Mar. 11, 1987] | (a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with HUD alleging discrimination prohibited by the Act. A complainant shall file a complaint within 180 days from the date the complainant first had knowledge of the alleged act of discrimination. However, for good cause, HUD may extend this time limit. The filing date for a complaint will be the date upon which the complaint is deemed sufficient to be processed. (b) HUD shall facilitate the filing of complaints and shall take the following measures: (1) Accept as a sufficient complaint any written legible statement which is signed by the complainant and which identifies the parties involved, the date the complainant first had knowledge of the alleged violation, and describes generally the alleged prohibited action or practice; (2) Freely permit a complainant to add information to the complaint to meet the requirements of a sufficient complaint; (3) Widely disseminate information regarding the obligations of recipients under the Act and this part; (4) Notify the complainant and the recipient of their rights under the complaint process, including the right to have a representative at all stages of the complaint process; and (5) Notify the complainant and the recipient of their right to contact HUD for information and assistance regarding the complaint resolution process. (c) HUD will return to the complainant any complaint determined to be outside the coverage of this part, and shall state the reasons why it is outside the coverage. | ||||
| 24:24:1.2.1.1.10.4.67.3 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.35 Mediation. | HUD | (a) HUD shall refer to the Federal Mediation and Conciliation Service, a mediation agency designated by the Secretary of Health and Human Services, all complaints that: (1) Fall within the coverage of this part, unless the age distinction complained of is clearly with an exception; and (2) Contain all information necessary for further processing. (b) Both the complainant and the recipient shall participate in the mediation process to the extent necessary to reach an agreement or make an informal judgment that an agreement is not possible. There should be at least one meeting by each party with the mediator during the mediation process. However, the recipient and the complainant need not meet with the mediator at the same time. (c) If the complainant and the recipient reach an agreement, the mediator shall prepare a written statement of the agreement and have the complainant and recipient sign it. The mediator shall send a copy of the agreement to HUD. HUD will take no further action on the complaint unless the complainant or the recipient fails to comply with the agreement. (d) The mediator shall protect the confidentiality of information obtained in the course of the mediation process. No mediator shall testify in any adjudicative proceeding, produce any document, or otherwise disclose any information obtained in the course of the mediation process without the prior approval of the head of the mediation agency. (e) HUD shall use the mediation process for a maximum of 60 days after receiving a complaint. Mediation ends if: (1) 60 days elapse from the time HUD receives the complaint; or (2) Before the end of the 60-day period, an agreement is reached; or (3) Before the end of the 60-day period, the mediator determines that an agreement cannot be reached. This 60-day period may be extended by the mediator, with the concurrence of HUD, for not more than an additional 30 days if the mediator determines that it is likely that an agreement will be reached during such extended period. | |||||
| 24:24:1.2.1.1.10.4.67.4 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.37 Investigation. | HUD | (a) Investigation and settlement following mediation. (1) HUD shall investigate complaints that are unresolved after mediation or are reopened because of an alleged violation of a mediation agreement. (2) In the investigation of complaints filed under this part, HUD will establish facts through such methods as discussion with the complainant and recipient and the review of documents in the possession of either party. HUD may also seek the assistance of any applicable State agency. Where possible, HUD will settle the complaint on terms that are mutually agreeable to the parties. (3) Settlements shall be in writing and signed by the parties and by an authorized HUD official. (4) A settlement shall not affect the initiation or continuation of any other enforcement effort of HUD, including compliance reviews or investigation of other complaints involving the recipient. (5) A settlement reached under this paragraph (a) of this section is an agreement to resolve an alleged violation of the Act to the satisfaction of the parties involved, and does not constitute a finding of discrimination against the recipient. (b) Failure of settlement. If HUD cannot resolve the complaint through settlement, it may make a formal determination that the Act or this part has been violated and begin enforcement procedures, as provided in § 146.39. HUD shall inform the recipient and complainant in writing that the matter cannot be resolved through settlement. | |||||
| 24:24:1.2.1.1.10.4.67.5 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.39 Enforcement procedures. | HUD | (a) HUD may enforce the Act this regulation by: (1) Termination of a recipient's financial assistance from HUD under the program or activity involved, if the recipient has violated the Act or this part. The determination of the recipient's violation may be made only after a recipient has had an opportunity for a hearing on the record before an Administrative Law Judge. If the financial assistance consists of a Community Development Block Grant, the requirements of section 109(b) of the Housing and Community Development Act of 1974, 42 U.S.C. 5309, must also be satisfied before the termination of financial assistance. Cases settled in mediation or before hearing will not involve termination of a recipient's Federal financial assistance from HUD. (2) Any other means authorized by law, including, but not limited to: (i) Referral to the Department of Justice for proceedings to enforce any rights of the United States or obligations of the recipient created by the Act or this part; (ii) Use of any requirement of, or referral to, any Federal, State or local government agency that will have the effect of correcting a violation of the Act or this part. (b) Whenever the Secretary determines that a State or unit of general local government which is a recipient of Federal financial assistance under Title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5301-5317, has failed to comply with requirements of the Age Discrimination Act or this part with respect to a program or activity funded in whole or in part with such assistance, he or she shall notify the Governor of such State or the chief executive officer of such unit of general local government of the noncompliance and shall request the Governor or chief executive officer to secure compliance. If within a reasonable period of time, not to exceed 60 days, the Governor or chief executive officer fails or refuses to secure compliance, the Secretary is authorized to take the action specified in (a) of this section, exercise the powers and functions prov… | |||||
| 24:24:1.2.1.1.10.4.67.6 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.41 Prohibition against intimidation or retaliation. | HUD | A recipient may not engage in acts of intimidation or retaliation against any person who: (a) Attempts to assert a right protected by this part; or (b) Cooperates in any mediation, investigation, hearing, or other part of HUD's investigation, settlement, and enforcement process. | |||||
| 24:24:1.2.1.1.10.4.67.7 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.43 Hearings, decisions, post-termination proceedings. | HUD | [61 FR 52218, Oct. 4, 1996] | The provisions of 24 CFR part 180 apply to HUD enforcement of this part. | ||||
| 24:24:1.2.1.1.10.4.67.8 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.45 Exhaustion of administrative remedies. | HUD | (a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if: (1) 180 days have elapsed since the complainant filed the complaint and HUD had made no finding with regard to the complaint; or (2) HUD issues any finding in favor of the recipient. (b) If HUD fails to make a finding within 180 days or issues a finding in favor of the recipient, HUD shall: (1) Promptly advise the complainant of this fact; (2) Advise the complainant of his or her right to bring a civil action for injunctive relief; and (3) Inform the complainant: (i) That he or she may bring a civil action only in a United States District Court for the district in which the recipient is located or transacts business; (ii) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that the complainant must demand these costs in the complaint; (iii) That before commencing the action, the complainant must give 30 days' notice by registered mail to the Secretary of HUD, the Secretary of Health and Human Services, the Attorney General of the United States, and the recipient; (iv) That the notice must state: the alleged violation of the Act, the relief requested, the court in which the complainant is bringing the action, and whether or not attorney's fees are demanded in the event the complainant prevails; and (v) That the complainant may not bring an action if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States. | |||||
| 24:24:1.2.1.1.10.4.67.9 | 24 | Housing and Urban Development | I | 146 | PART 146—NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Investigation, Settlement, and Enforcement Procedures | § 146.47 Remedial and affirmative action by recipients. | HUD | (a) Where the Secretary finds that a recipient has unlawfully discriminated on the basis of age, the recipient shall take any action that the Secretary may require to overcome the effects of the discrimination. If another recipient exercises control over a subrecipient that has unlawfully discriminated, the Secretary may require both recipients to take remedial action. (b) Even in the absence of a finding of discrimination, a recipient may take affirmative action to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity on the basis of age. (c) If a recipient operating a program which serves the elderly or children in addition to persons of other ages provides special benefits to the elderly or children, the provision of those benefits shall be presumed to be voluntary affirmative action, provided that it does not have the effect of excluding otherwise eligible persons from participation in the program. | |||||
| 33:33:2.0.1.3.14.1.33.1 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.1 Applicability. | USCG | The provisions of this subpart apply to OCS facilities except mobile offshore drilling units. | ||||
| 33:33:2.0.1.3.14.1.33.2 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.5 Person in charge. | USCG | (a) The owner or operator, or the agent of either of them, shall designate by title and in order of succession the persons on each OCS facility who shall be the “person in charge.” (b) In case an emergency arises, nothing in the regulations in this subchapter shall be so construed as preventing the person in charge from pursuing the most effective action in that person's judgement for rectifying the conditions causing the emergency. | ||||
| 33:33:2.0.1.3.14.1.33.3 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.10 Notice of new facilities. | USCG | (a) The owner or operator of each OCS facility not in operation before April 5, 1982 shall, at least 30 days before the date on-site construction of the facility is expected to commence, notify the District Commander for the area in which the facility will be located of: (1) The position in which the facility will be operated; (2) The designation assigned to the facility for identification under 30 CFR 250.37; (3) The date when operation of the facility is expected to commence; and (4) The date when the facility is expected to be available for inspection by the Coast Guard. (b) The information required in paragraph (a) of this section may be submitted together with a need not repeat information submitted in connection with the application and notice requirements in 33 CFR part 67 for aids to navigation on the Outer Continental Shelf. | ||||
| 33:33:2.0.1.3.14.1.33.4 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.15 Maintenance of emergency equipment. | USCG | (a) The emergency equipment provided, regardless of whether or not required by this subchapter, shall be maintained in good condition at all times. Good operating practices require replacement of expended equipment, as well as periodic renewal of those items which have a limited period of effectiveness. (b) Each personal flotation device light that has a non-replaceable power source must be replaced on or before the expiration date of the power source. (c) Each replaceable power source for a personal flotation device light must be replaced on or before its expiration date and the light must be replaced when it is no longer serviceable. | ||||
| 33:33:2.0.1.3.14.1.33.5 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.20 Work vests. | USCG | [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 78-174A, 51 FR 4339, Feb. 4, 1986] | (a) Types of approved work vests. Each buoyant work vest carried under the permissive authority of this section must be approved under— (1) 46 CFR 160.053; or (2) 46 CFR 160.077 as a commercial hybrid PFD. (b) Use. Approved buoyant work vests are considered to be items of safety apparel and may be carried aboard OCS facilities to be worn by persons employed thereon when working near or over the water. The use and control of such vests shall be under the supervision of the person in charge of the facility. When carried, such vests shall not be accepted in lieu of any portion of the required number of approved life preservers and shall not be substituted for the approved life preservers required to be worn during drills and emergencies. (c) Stowage. The work vests shall be stowed separately from the regular stowage of approved life preservers. The location for the stowage of work vests shall be such as not to be easily confused with that for approved life preservers. (d) Inspections. Each work vest shall be subject to examination by a marine inspector to determine its serviceability. If found to be satisfactory, it may be continued in service, but shall not be stamped by a marine inspector with a Coast Guard stamp. If a work vest is found not to be in a serviceable condition, then such work vest shall be removed from the OCS facility. If a work vest is beyond repair, it shall be destroyed or mutilated in the presence of a marine inspector so as to prevent its continued use as a work vest. (e) Additional requirements for hybrid work vests. Commercial hybrid PFD's must, in addition to the other requirements in this section, be— (1) Used, stowed, and maintained in accordance with— (i) The procedures set out in the manual required for these devices by 46 CFR 160.077-29; and (ii) Any limitation(s) marked on them; and (2) Of the same or similar design and have the same method of operation as each other hybrid PFD carried on board. | |||
| 33:33:2.0.1.3.14.1.33.6 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.30 Notice of casualties. | USCG | [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 82-069, 50 FR 14216, Apr. 11, 1985; USCG-2006-25150, 71 FR 39209, July 12, 2006] | (a) The owner, operator, and person in charge of an OCS facility shall ensure that the Coast Guard is notified as soon as possible after a casualty occurs, and by the most rapid means available, of each casualty involving the facility which results in: (1) Death; or (2) Injury to 5 or more persons in a single incident. (b) The owner, operator, and person in charge shall ensure that the Coast Guard is notified promptly of each casualty involving the facility which results in: (1) Damage affecting the usefulness of primary lifesaving or firefighting equipment; (2) Injury causing any person to be incapacitated for more than 72 hours; (3) Damage to the facility exceeding $25,000 resulting from a collision by a vessel with the facility; or (4) Damage to a floating OCS facility exceeding $25,000. (c) The notice required by paragraphs (a) and (b) of this section must identify the person giving the notice and the facility involved and describe, insofar as practicable, the nature of the casualty and the extent of injury to personnel and damage to property. (d) Damage costs referred to in paragraphs (b)(3) and (b)(4) of this section include the cost of labor and material to restore the facility to the service condition which existed prior to the casualty, but does not include the cost of salvage, cleaning, gas freeing, drydocking or demurrage of the facility. | |||
| 33:33:2.0.1.3.14.1.33.7 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.35 Written report of casualty. | USCG | [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 82-023a, 47 FR 35741, Aug. 16, 1982; CGD 82-023a, 48 FR 43174, Sept. 22, 1983; CGD 84-099, 52 FR 47533, Dec. 14, 1987; USCG-2006-25150, 71 FR 39209, July 12, 2006] | (a) In addition to the notice of a casualty required by § 146.30, the owner, operator, or person in charge shall, within 10 days of the casualty, submit to the Officer in Charge, Marine Inspection, a written report which: (1) Identifies the facility involved, its owner, operator, and person in charge; (2) Describes the casualty, including the date and time; (3) Describes the nature and extent of injury to personnel and damage to property; (4) Describes the factors which may have contributed to causing the casualty; (5) Gives the name, address, and phone number of persons involved in or witnessing the casualty; and (6) Gives any desired comments, especially with respect to use of or need for emergency equipment. (7) Includes information relating to alcohol or drug involvement as specified in the vessel casualty reporting requirements of 46 CFR 4.05-12. (b) The written report required by paragraph (a) of this section may be— (1) In narrative form if all appropriate parts of Form CG-2692 are addressed; (2) On Form CG-2692 for casualties resulting in property damage, personnel injury, or loss of life. (c) If filed or postmarked within 5 days of the casualty, the written report required by paragraph (a) of this section serves as the notice required by § 146.30(b). | |||
| 33:33:2.0.1.3.14.1.33.8 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.40 Diving casualties. | USCG | Diving related casualties are reported in accordance with 46 CFR 197.484 and 197.486. | ||||
| 33:33:2.0.1.3.14.1.33.9 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | A | Subpart A—OCS Facilities | § 146.45 Pollution incidents. | USCG | Oil pollution incidents involving an OCS facility are reported in accordance with §§ 135.305 and 135.307 of this chapter. Additional provisions concerning liability and compensation because of oil pollution are contained in Subchapter M of this chapter. | ||||
| 33:33:2.0.1.3.14.2.33.1 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.101 Applicability. | USCG | The provisions of this subpart apply only to manned OCS facilities except mobile offshore drilling units. | ||||
| 33:33:2.0.1.3.14.2.33.10 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.130 Station bill. | USCG | [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 86-011, 51 FR 5712, Feb. 18, 1986] | (a) The person in charge of each manned platform shall be responsible for and have prepared a station bill (muster list). This station bill must be signed by the person in charge. Copies shall be duly posted in conspicuous locations on the manned platform. (b) The station bill shall set forth the special duties and duty stations of each member of the personnel for any emergency which involves the use or application of equipment required by this subchapter. In addition, it shall contain all other duties assigned and considered as necessary for the proper handling of other emergencies. (c) The station bill shall contain the various signals to be used for calling the personnel to their emergency stations, and to abandon the facility. | |||
| 33:33:2.0.1.3.14.2.33.11 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.135 Markings for emergency equipment. | USCG | (a) Markings shall be provided as considered necessary for the guidance of persons on manned facilities. (b) The general alarm bell switches shall be identified by red letters at least one inch high with a contrasting background: “General Alarm.” (c) All general alarm bells shall be identified by a sign at each bell in red letters at least one inch high with a sharp contrasting background: “General Alarm—When Bell Rings Go to Your Station. (d) All life floats, lifeboats, life rafts, and survival capsules, together with paddles or oars, shall be conspicuously marked with a name or number of, or other inscription identifying, the facility on which placed. The number of persons allowed on each life float, lifeboat, or life raft shall be conspicuously marked thereon in letters and numbers 1 1/2 inches high. These numbers shall be placed on both sides of the life float, lifeboat, or life raft. Inflatable life rafts shall be marked in accordance with subpart 160.051 of 46 CFR part 160 and no additional markings are required. (e) All life preservers and ring life buoys shall be marked with the name or number of, or other inscription identifying, the facility on which placed except those which accompany mobile crews to unmanned platforms may be marked with the operator's name and field designation. | ||||
| 33:33:2.0.1.3.14.2.33.12 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.140 Emergency Evacuation Plan. | USCG | [CGD 84-098b, 54 FR 21572, May 18, 1989, as amended by USCG-1998-3799, 63 FR 35530, June 30, 1998] | (a) The operator of each manned OCS facility shall develop an Emergency Evacuation Plan (EEP) for the facility which addresses all of the items listed in paragraph (d) of this section. The EEP may apply to more than one facility, if the facilities are located in the same general geographic location and within the same Coast Guard Officer in Charge, Marine Inspection (OCMI) zone; if each facility covered by the EEP is specifically identified in the EEP; and if the evacuation needs of each facility are accommodated. The EEP must be submitted to the OCMI having jurisdiction over the facility, 30 days before placing the facility in operation. The OCMI reviews the EEP to determine whether all items listed in paragraph (d) of this section are addressed for each facility included in the EEP. If the OCMI determines that all items in paragraph (d) of this section are addressed, the OCMI stamps the EEP “APPROVED” and returns it, together with a letter indicating Coast Guard approval, to the operator. If the OCMI determines that any item is not addressed, the OCMI stamps the EEP “RETURNED FOR REVISION” and returns the EEP, together with an explanation of the EEP's deficiencies, to the operator. (b) Once the EEP is approved under paragraph (a) of this section, the facility operator shall ensure that a copy of the EEP and the letter indicating Coast Guard approval is maintained on the facility. (c) The EEP must be resubmitted for approval when substantive changes are made to the EEP. Only the pages affected by a change need be resubmitted if the EEP is bound in such a way as to allow old pages to be removed easily and new ones inserted. Substantive changes include, but are not limited to, installation of a new facility within the area covered by an EEP, relocation of a MODU, changes in the means or methods of evacuation, or changes in the time required to accomplish evacuation. (d) The EEP must, at a minimum, (1) Be written in language that is easily understood by the facility's operating personnel; (2) Have a table of c… | |||
| 33:33:2.0.1.3.14.2.33.2 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.102 Definitions. | USCG | [USCG-2008-1088, 76 FR 2260, Jan. 13, 2011, as amended by USCG-2013-0797, 79 FR 36405, June 27, 2014] | For the purpose of this subpart: Arrives on the OCS means when a floating facility enters any OCS block area for the purpose of engaging in operations subject to the jurisdiction of the OCS Lands Act. OCS block area means the names given by the Bureau of Ocean Energy Management, (BOEM) to define the OCS areas used to facilitate management or leasing on the OCS. U.S., as used in the term, “U.S. floating facility,” means a “floating facility,” that is registered, documented, or certificated under the laws of the United States or that is not registered, documented, or certificated under the laws of the United States or any other nation. | |||
| 33:33:2.0.1.3.14.2.33.3 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.103 Safety and Security notice of arrival for U.S. floating facilities. | USCG | [USCG-2008-1088, 76 FR 2260, Jan. 13, 2011] | (a) General. At least 96 hours before a U.S. floating facility arrives on the OCS from a foreign port or place or from a different OCS block area, excluding those U.S. floating facilities arriving directly from a U.S. port or place, to engage in OCS activities, the owner or operator of the floating facility, except as provided in paragraph (f) of this section, must submit the following information to the National Vessel Movement Center (NVMC): (1) The location, latitude and longitude, of the floating facility at the time the notice of arrival (NOA) is reported; (2) The area designation, block number or lease number, assigned under 30 CFR 250.154 for identification, where the owner or operator of the floating facility plans to perform OCS activities; (3) The floating facility's name, if any; (4) The date when OCS operations of the floating facility are expected to begin and end; (5) Names of the last two ports or places visited and the associated dates of arrival and departure; (6) The following information for each individual onboard: (i) Full name; (ii) Date of birth; (iii) Nationality; (iv) Passport number or marine documentation number (type of identification and number); (v) Position or duties on the floating facility; and (vi) Name of the port, or place, and country where the individual embarked. (b) Methods of submission. The notice must be submitted to the NVMC by electronic Notice of Arrival and Departure format using methods specified in the NVMC's Web site at http://www.nvmc.uscg.gov/. (c) Updates to a submitted NOA. Unless otherwise specified in this section, whenever the most recently submitted NOA information becomes inaccurate, the owner or operator of a U.S. floating facility must revise and re-submit the NOA within the times required in paragraph (e) of this section. An owner or operator does not need to revise or re-submit an NOA for the following: (1) A change in submitted arrival time that is less than 6 hours; (2) Changes in the location, latitude and longitude, of the f… | |||
| 33:33:2.0.1.3.14.2.33.4 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.104 Safety and Security notice of arrival for foreign floating facilities. | USCG | [USCG-2008-1088, 76 FR 2261, Jan. 13, 2011] | (a) General. At least 96 hours before a foreign floating facility arrives on the OCS from a foreign port or place or from a different OCS block area to engage in OCS activities, the owner or operator of the floating facility, except as provided in paragraph (f) of this section, must submit the following information to the National Vessel Movement Center (NVMC): (1) The location, latitude and longitude, of the foreign floating facility at the time the NOA is reported; (2) The area designation, block number or lease number, assigned under 30 CFR 250.154 for identification, where the owner or operator of the foreign floating facility plans to perform OCS activities; (3) The foreign floating facility's name, if any; (4) The date when OCS operations of the foreign floating facility are expected to begin and end; (5) Names of the last two ports or places visited and the associated dates of arrival and departure; (6) The following information for each individual onboard: (i) Full name; (ii) Date of birth; (iii) Nationality; (iv) Passport number or marine documentation number (type of identification and number); (v) Position or duties on the foreign floating facility; and (vi) Name of the port, or place, and country where the individual embarked. (7) The date of issuance of the foreign floating facility's International Safety Management certificate (ISM), if any, and Document of Compliance certificate and the name of the flag administration, or its recognized representative, that issued those certificates; and (8) The date of issuance of the foreign floating facility's International Ship Security certificate (ISSC), if any, and the name of the flag administration, or the recognized security organization representing the flag administration, that issued the ISSC. (b) Methods of submission. The notice must be submitted to the National Vessel Movement Center by electronic Notice of Arrival and Departure format using methods specified at the NVMC's Web site at http://www.nvmc.uscg.gov/. (c) Updates to a… | |||
| 33:33:2.0.1.3.14.2.33.5 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.105 General alarm system. | USCG | Each manned facility must have a general alarm system. When operated, this system shall be audible in all parts of the structure on which provided. | ||||
| 33:33:2.0.1.3.14.2.33.6 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.110 Emergency signals. | USCG | (a) The owner, the owner's agent, or the person in charge shall establish emergency signals to be used for calling the personnel to their emergency stations. (b) The signal to man emergency stations shall be an intermittent signal on the general alarm system for not less than 10 seconds. The abandon facility signal shall be a continuous signal on the general alarm system. | ||||
| 33:33:2.0.1.3.14.2.33.7 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.115 Duties of personnel during an emergency. | USCG | (a) The owner, the owner's agent, or the person in charge shall assign to each person on a manned facility special duties and duty stations so that in event an emergency arises confusion will be minimized and no delay will occur with respect to the use or application of equipment required by this subchapter. The duties shall, as far as possible, be comparable with the regular work of the individual. (b) The duties shall be assigned as necessary for the proper handling of any emergency, and shall include the following: (1) The closing of air ports, watertight doors, scuppers, and sanitary and other discharges which lead through the facility's hull. (2) The stopping of fans and ventilation systems. (3) The donning of life preserves. (4) The preparation and launching of life floats, lifeboats, or life rafts. | ||||
| 33:33:2.0.1.3.14.2.33.8 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.120 Manning of survival craft. | USCG | The owner, the owner's agent, or the person in charge shall assign a person to each life float, lifeboat, life raft, or survival capsule who shall be responsible for launching it in event of an emergency. | ||||
| 33:33:2.0.1.3.14.2.33.9 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | B | Subpart B—Manned OCS Facilities | § 146.125 Emergency drills. | USCG | [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD 84-098b, 54 FR 21572, May 18, 1989; USCG-2006-25150, 71 FR 39209, July 12, 2006] | (a) Emergency drills shall be conducted at least once each month by the person in charge of the manned facility. The drill shall be conducted as if an actual emergency existed. All personnel should report to their respective stations and be prepared to perform the duties assigned to them. (b) The person in charge and conducting the emergency drill shall instruct the personnel as necessary to insure that all persons are familiar with their duties and stations. (c) Emergency evacuation drills. The following emergency evacuation drills must be conducted: (1) At least once a year, all the elements of the Emergency Evacuation Plan (EEP) under § 146.140 relating to the evacuation of personnel from the facility must be exercised through a drill or a series of drills. The drill(s) must exercise all of the means and procedures listed in the EEP for each circumstance and condition described in the EEP under § 146.140(d)(9). (2) At least once a month, a drill must be conducted that demonstrates the ability of the facility's personnel to perform their duties and functions on the facility, as those duties and functions are described in the EEP. If a standby vessel is designated for that facility in the EEP, the vessel must be positioned as described in the EEP for an evacuation of that facility and the vessel's crew must demonstrate its ability to perform its duties and functions under the EEP. (d) The date and time of such drills shall be reported in writing by the person in charge at the time of the drill to the owner who shall maintain this report record for a year and furnish it upon request to the Coast Guard. After one year, such records may be destroyed. When it is impossible to conduct emergency drills as required by this section during a particular calendar month, during the following month, a written report by the owner shall be submitted to the Officer in Charge, Marine Inspection, stating why the drills could not be conducted. | |||
| 33:33:2.0.1.3.14.3.33.1 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | C | Subpart C—Mobile Offshore Drilling Units | § 146.200 Definitions. | USCG | [USCG-2008-1088, 76 FR 2262, Jan. 13, 2011, as amended by USCG-2013-0797, 79 FR 36405, June 27, 2014] | For the purpose of this subpart: Arrives on the OCS means when a MODU enters any OCS block area for the purpose of engaging in operations subject to the jurisdiction of the OCS Lands Act. OCS block area means the names given by the Bureau of Ocean Energy Management, (BOEM) to define the OCS areas used to facilitate management or leasing on the OCS. | |||
| 33:33:2.0.1.3.14.3.33.2 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | C | Subpart C—Mobile Offshore Drilling Units | § 146.201 Applicability. | USCG | This subpart applies to mobile offshore drilling units engaged in OCS activities. | ||||
| 33:33:2.0.1.3.14.3.33.3 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | C | Subpart C—Mobile Offshore Drilling Units | § 146.202 Notice of arrival or relocation of MODUs on the OCS. | USCG | (a) The owner of any mobile offshore drilling unit engaged in OCS activities shall, 14 days before arrival of the unit on the OCS or as soon thereafter as practicable, notify the District Commander for the area in which the unit will operate of: (1) The unit's name, nationality, and designation assigned for identification under 30 CFR 250.37; (2) The location and year that the unit was built; (3) The name and address of the owner, and the owner's local representative, if any; (4) Classification or inspection certificates currently held by the unit; (5) The location and date that operations are expected to commence and their anticipated duration; and (6) The location and date that the unit will be available and ready for inspection by the Coast Guard. (b) Once a unit is located on the OCS, the owner of the unit shall notify the District Commander before relocating the unit. (c) The information required in paragraphs (a) and (b) of this section may be provided by telephone or may be submitted together with, and need not repeat information contained in, applications and notices under 33 CFR part 67 for aids to navigation on the Outer Continental Shelf or 33 CFR part 135 for applications for certificate of financial responsibility. | ||||
| 33:33:2.0.1.3.14.3.33.4 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | C | Subpart C—Mobile Offshore Drilling Units | § 146.203 Requirements for U.S. and undocumented MODUs. | USCG | Each mobile offshore drilling unit documented under the laws of the United States and each mobile offshore drilling unit that is not documented under the laws of any nation must comply with the operating standards of 46 CFR part 109 when engaged in OCS activities. | ||||
| 33:33:2.0.1.3.14.3.33.5 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | C | Subpart C—Mobile Offshore Drilling Units | § 146.205 Requirements for foreign MODUs. | USCG | Each mobile offshore drilling unit that is documented under the laws of a foreign nation must, when engaged in OCS activities, comply with one of the following: (a) The operating standards of 46 CFR part 109. (b) The operating standards of the documenting nation if the standards provide a level of safety generally equivalent to or greater than that provided under 46 CFR part 109. (c) The operating standards for mobile offshore drilling units contained in the International Maritime Organization (IMO, formerly Inter-Governmental Maritime Consultative Organization or IMCO) (IMO) Code for the Construction and Equipment of Mobile Offshore Drilling Units (IMO Assembly Resolution A. 414(XI)) which has been incorporated by reference and the requirements of 46 CFR part 109 for matters not addressed by the Code. | ||||
| 33:33:2.0.1.3.14.3.33.6 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | C | Subpart C—Mobile Offshore Drilling Units | § 146.210 Emergency Evacuation Plan. | USCG | [CGD 84-098b, 54 FR 21573, May 18, 1989] | (a) Except as otherwise provided in this section, the requirements applicable to Emergency Evacuation Plans (EEPs) on manned OCS facilities under § 146.140 are applicable to MODUs. (b) An EEP must be submitted by— (1) The holder of a lease or permit under the Act for each MODU within the area of the lease or the area covered by the permit; or (2) The operator under 30 CFR 250.2(gg), if other than the holder of a lease or permit, for each MODU within the area in which the operator controls or manages operations. (c) To avoid unnecessary duplication, the EEP may incorporate by reference pertinent sections of the MODU's operating manual required by 46 CFR 109.121. (d) In complying with § 146.140(d)(7), the EEP must designate the master or person in charge of the MODU under 46 CFR 109.107 as the individual who is assigned primary responsibility for implementing the EEP, as it relates to that MODU. | |||
| 33:33:2.0.1.3.14.3.33.7 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | C | Subpart C—Mobile Offshore Drilling Units | § 146.215 Safety and Security notice of arrival for U.S. or foreign MODUs. | USCG | [USCG-2008-1088, 76 FR 2262, Jan. 13, 2011, as amended by USCG-2013-0797, 79 FR 36405, June 27, 2014] | (a) General. At least 96 hours before a MODU arrives on the OCS from a foreign port or place or from a different OCS block area to engage in OCS activities, excluding those U.S. MODUs arriving directly from a U.S. port or place or from an OCS block area, to engage in OCS activities, the owner or operator of the MODU, except as provided in paragraph (f) of this section, must submit the following information to the National Vessel Movement Center (NVMC): (1) The location, latitude and longitude, of the MODU at the time the notice of arrival (NOA) is reported; (2) The area designation, block number or lease number, assigned under 30 CFR 250.154 for identification, where the MODU owner or operator plans to perform OCS activities; (3) The MODU's name and IMO number, if any; (4) The date when operations of the MODU are expected to begin and end; (5) Names of the last two ports or places visited and the associated dates of arrival and departure; (6) The following information for each individual onboard: (i) Full name; (ii) Date of birth; (iii) Nationality; (iv) Passport number or marine documentation number (type of identification and number); (v) Position or duties on the MODU; and (vi) Name of the port, or place, and country where the individual embarked. (7) The date of issuance of the MODU's International Safety Management certificate (ISM), if any, and Document of Compliance certificate and the name of the flag administration, or its recognized representative, that issued those certificates; and (8) The date of issuance of the MODU's International Ship Security certificate (ISSC), if any, and the name of the flag administration, or the recognized security organization representing the flag administration, that issued the ISSC. (b) Methods of submission. The notice must be submitted to the National Vessel Movement Center (NVMC) by electronic Notice of Arrival and Departure format using methods specified in the NVMC's Web site at http://www.nvmc.uscg.gov/. (c) Updates to a submitted NOA. Unless… | |||
| 33:33:2.0.1.3.14.4.33.1 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | D | Subpart D—Vessels—Notice of Casualty | § 146.301 Applicability. | USCG | This subpart applies to vessels engaged in OCS activities other than United States vessels already required to report marine casualties under Subpart 4.05 of 46 CFR part 4 or subpart D of 46 CFR part 109. | ||||
| 33:33:2.0.1.3.14.4.33.2 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | D | Subpart D—Vessels—Notice of Casualty | § 146.303 Notice and written report of casualties. | USCG | [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by USCG-2006-25150, 71 FR 39209, July 12, 2006] | The owner, operator, or person in charge of a vessel engaged in OCS activities shall ensure that the notice of casualty requirements of § 146.30 and the written report requirements of § 146.35 are complied with whenever a casualty involving the vessel occurs which results in: (a) Death; (b) Injury to 5 or more persons in a single incident; or (c) Injury causing any person to be incapacitated for more than 72 hours. | |||
| 33:33:2.0.1.3.14.5.33.1 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | E | § 146.401 Applicability. | USCG | [USCG-2008-1088, 76 FR 2262, Jan. 13, 2011, as amended by USCG-2013-0797, 79 FR 36405, June 27, 2014] | This subpart applies to all U.S. and foreign vessels, except those U.S. vessels traveling directly from a U.S. port or place, or from an OCS block area, bound for a place on the OCS and planning to engage in OCS activities. Vessels under this subpart include, but are not limited to, standby vessels, attending vessels, offshore supply vessels, pipelay vessels, derrick ships, diving support vessels, oceanographic research vessels, towing vessels, and accommodation vessels. This subpart does not apply to MODUs, which are covered under § 146.215; nor does it apply to floating facilities, which are covered under §§ 146.103 and 146.104. | ||||
| 33:33:2.0.1.3.14.5.33.2 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | E | § 146.402 Definitions. | USCG | [USCG-2008-1088, 76 FR 2262, Jan. 13, 2011, as amended by USCG-2013-0797, 79 FR 36405, June 27, 2014] | For the purpose of this subpart: Arrives on the OCS means when a vessel enters any OCS block area to commence operations for which it has submitted a Notice of Arrival under § 146.405(b)(2). OCS block area means the names given by the Bureau of Ocean Energy Management, (BOEM) to define the OCS areas used to facilitate management or leasing on the OCS. | ||||
| 33:33:2.0.1.3.14.5.33.3 | 33 | Navigation and Navigable Waters | I | N | 146 | PART 146—OPERATIONS | E | § 146.405 Safety and Security notice of arrival for vessels arriving at a place on the OCS. | USCG | [USCG-2008-1088, 76 FR 2262, Jan. 13, 2011, as amended by USCG-2013-0797, 79 FR 36405, June 27, 2014] | (a) General. The owner or operator of each vessel subject to this section must submit an initial NOA to the National Vessel Movement Center (NVMC): (1) If the voyage time is more than 96 hours, at least 96 hours before the vessel arrives at a place on the OCS from a foreign port or place or from a different OCS block area to engage in OCS activities; (2) If the voyage time is less than 96 hours and more than 24 hours, before departure, or; (3) If the voyage time is less than 24 hours, at least 24 hours before the vessel arrives at a place on the OCS. (b) Information required in an NOA. The following information is required from the owners or operators of vessels submitting an NOA: (1) All the information specified in 33 CFR Table 160.206 with the exception of information required in items (2)(iii) through (2)(vi) and item (6). Item (8) is also not required except as pursuant to the laws on vessel entry (19 U.S.C. 1434) and clearance (46 U.S.C. 60105). Vessel owners and operators should protect any personal information they gather in preparing notices for transmittal to the NVMC so as to prevent unauthorized disclosure of that information; (2) The area in which they are conducting their operations. This area can be submitted as either the name of the places, the BOEM block numbers, or the latitudes and longitudes of the places on the OCS where operations are being conducted; and (3) If any person onboard, including a crewmember, is not required to carry a passport for travel, then passport information required in Table 160.206, items (4)(iv) through (vi), and (5)(iv) through (vi), need not be provided for that person. (c) Updates to a submitted NOA. Unless otherwise specified in this section, whenever the most recently submitted NOA information becomes inaccurate, the owner or operator of that vessel must revise and re-submit the NOA within the times required in paragraph (e) of this section. An owner or operator does not need to revise and re-submit an NOA for the following: (1) A change in submitt… | ||||
| 40:40:25.0.1.1.9.1.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.1 Applicability and scope. | EPA | [45 FR 42500, June 24, 1980, as amended at 48 FR 14293, Apr. 1, 1983] | (a) This part sets forth technical criteria and standards for the Underground Injection Control Program. This part should be read in conjunction with 40 CFR parts 124, 144, and 145, which also apply to UIC programs. 40 CFR part 144 defines the regulatory framework of EPA administered permit programs. 40 CFR part 145 describes the elements of an approvable State program and procedures for EPA approval of State participation in the permit programs. 40 CFR part 124 describes the procedures the Agency will use for issuing permits under the covered programs. Certain of these procedures will also apply to State-administered programs as specified in 40 CFR part 145. (b) Upon the approval, partial approval or promulgation of a State UIC program by the Administrator, any underground injection which is not authorized by the Director by rule or by permit is unlawful. | |||
| 40:40:25.0.1.1.9.1.45.10 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.10 Plugging and abandoning Class I, II, III, IV, and V wells. | EPA | [64 FR 68573, Dec. 7, 1999] | (a) Requirements for Class I, II and III wells. (1) Prior to abandoning Class I, II and III wells, the well shall be plugged with cement in a manner which will not allow the movement of fluids either into or between underground sources of drinking water. The Director may allow Class III wells to use other plugging materials if the Director is satisfied that such materials will prevent movement of fluids into or between underground sources of drinking water. (2) Placement of the cement plugs shall be accomplished by one of the following: (i) The Balance method; (ii) The Dump Bailer method; (iii) The Two-Plug method; or (iv) An alternative method approved by the Director, which will reliably provide a comparable level of protection to underground sources of drinking water. (3) The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the Director, prior to the placement of the cement plug(s). (4) The plugging and abandonment plan required in 40 CFR 144.51(o) and 144.52(a)(6) shall, in the case of a Class III project which underlies or is in an aquifer which has been exempted under § 146.04, also demonstrate adequate protection of USDWs. The Director shall prescribe aquifer cleanup and monitoring where he deems it necessary and feasible to insure adequate protection of USDWs. (b) Requirements for Class IV wells. Prior to abandoning a Class IV well, the owner or operator shall close the well in accordance with 40 CFR 144.23(b). (c) Requirements for Class V wells. (1) Prior to abandoning a Class V well, the owner or operator shall close the well in a manner that prevents the movement of fluid containing any contaminant into an underground source of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation under 40 CFR part 141 or may otherwise adversely affect the health of persons. Closure requirements fo… | |||
| 40:40:25.0.1.1.9.1.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.2 Law authorizing these regulations. | EPA | [58 FR 63898, Dec. 3, 1993] | The Safe Drinking Water Act, 42 U.S.C. 300f et seq. authorizes these regulations and all other UIC program regulations referenced in 40 CFR part 144. Certain regulations relating to the injection of hazardous waste are also authorized by the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. | |||
| 40:40:25.0.1.1.9.1.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.3 Definitions. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43161, Aug. 27, 1981; 47 FR 4998, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983; 53 FR 37414, Sept. 26, 1988; 64 FR 68573, Dec. 7, 1999] | The following definitions apply to the underground injection control program. Abandoned well means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes. Administrator means the Administrator of the United States Environmental Protection Agency, or an authorized representative. Application means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. For RCRA, application also includes the information required by the Director under § 122.25 (contents of Part B of the RCRA application). Aquifer means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring. Area of review means the area surrounding an injection well described according to the criteria set forth in § 146.06 or in the case of an area permit, the project area plus a circumscribing area the width of which is either 1/4 of a mile or a number calculated according to the criteria set forth in § 146.06. Casing means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole. Catastrophic collapse means the sudden and utter failure of overlying “strata” caused by removal of underlying materials. Cementing means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing. Cesspool means a “drywell” that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides. Confining bed means a body of impe… | |||
| 40:40:25.0.1.1.9.1.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.4 Criteria for exempted aquifers. | EPA | [45 FR 42500, June 24, 1980, as amended at 47 FR 4998, Feb. 3, 1982; 48 FR 14293, Apr. 1, 1983; 75 FR 77291, Dec. 10, 2010] | An aquifer or a portion thereof which meets the criteria for an “underground source of drinking water” in § 146.3 may be determined under § 144.7 of this chapter to be an “exempted aquifer” for Class I-V wells if it meets the criteria in paragraphs (a) through (c) of this section. Class VI wells must meet the criteria under paragraph (d) of this section: (a) It does not currently serve as a source of drinking water; and (b) It cannot now and will not in the future serve as a source of drinking water because: (1) It is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible. (2) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; (3) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or (4) It is located over a Class III well mining area subject to subsidence or catastrophic collapse; or (c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system. (d) The areal extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced gas recovery well may be expanded for the exclusive purpose of Class VI injection for geologic sequestration under § 144.7(d) of this chapter if it meets the following criteria: (1) It does not currently serve as a source of drinking water; and (2) The total dissolved solids content of the ground water is more than 3,000 mg/l and less than 10,000 mg/l; and (3) It is not reasonably expected to supply a public water system. | |||
| 40:40:25.0.1.1.9.1.45.5 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.5 Classification of injection wells. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43161, Aug. 27, 1981; 47 FR 4999, Feb. 3, 1982; 64 FR 68573, Dec. 7, 1999; 75 FR 77291, Dec. 10, 2010] | Injection wells are classified as follows: (a) Class I. (1) Wells used by generators of hazardous waste or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation containing, within one quarter ( 1/4 ) mile of the well bore, an underground source of drinking water. (2) Other industrial and municipal disposal wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water. (3) Radioactive waste disposal wells which inject fluids below the lowermost formation containing an underground source of drinking water within one quarter mile of the well bore. (b) Class II. Wells which inject fluids: (1) Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection. (2) For enhanced recovery of oil or natural gas; and (3) For storage of hydrocarbons which are liquid at standard temperature and pressure. (c) Class III. Wells which inject for extraction of minerals including: (1) Mining of sulfur by the Frasch process; (2) In situ production of uranium or other metals. This category includes only in-situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class V. (3) Solution mining of salts or potash. (d) Class IV. (1) Wells used by generators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous waste or radioactive waste into a formation which within one quarter ( 1/4 ) mile of the well contains an underground source of drinking water. (2) Wells used by generators of hazardous waste or of radioactive wa… | |||
| 40:40:25.0.1.1.9.1.45.6 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.6 Area of review. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43161, Aug. 27, 1981; 47 FR 4999, Feb. 3, 1982] | The area of review for each injection well or each field, project or area of the State shall be determined according to either paragraph (a) or (b) of this section. The Director may solicit input from the owners or operators of injection wells within the State as to which method is most appropriate for each geographic area or field. (a) Zone of endangering influence. (1) The zone of endangering influence shall be: (i) In the case of application(s) for well permit(s) under § 122.38 that area the radius of which is the lateral distance in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an underground source of drinking water; or (ii) In the case of an application for an area permit under § 122.39, the project area plus a circumscribing area the width of which is the lateral distance from the perimeter of the project area, in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an underground source of drinking water. (2) Computation of the zone of endangering influence may be based upon the parameters listed below and should be calculated for an injection time period equal to the expected life of the injection well or pattern. The following modified Theis equation illustrates one form which the mathematical model may take. where: r = Radius of endangering influence from injection well (length) k = Hydraulic conductivity of the injection zone (length/time) H = Thickness of the injection zone (length) t = Time of injection (time) S = Storage coefficient (dimensionless) Q = Injection rate (volume/time) h bo = Observed original hydrostatic head of injection zone (length) measured from the base of the lowermost underground source of drinking water h w = Hydrostatic head of underground source of drinking water (length) measured from the base of the lowest underground source of drinking water S p G b = Specific gravity of fluid in the injection zone (dimensionl… | |||
| 40:40:25.0.1.1.9.1.45.7 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.7 Corrective action. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 48 FR 14293, Apr. 1, 1983] | In determining the adequacy of corrective action proposed by the applicant under 40 CFR 144.55 and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the Director: (a) Nature and volume of injected fluid; (b) Nature of native fluids or by-products of injection; (c) Potentially affected population; (d) Geology; (e) Hydrology; (f) History of the injection operation; (g) Completion and plugging records; (h) Abandonment procedures in effect at the time the well was abandoned; and (i) Hydraulic connections with underground sources of drinking water. | |||
| 40:40:25.0.1.1.9.1.45.8 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.8 Mechanical integrity. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 47 FR 4999, Feb. 3, 1982; 58 FR 63898, Dec. 3, 1993] | (a) An injection well has mechanical integrity if: (1) There is no significant leak in the casing, tubing or packer; and (2) There is no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore. (b) One of the following methods must be used to evaluate the absence of significant leaks under paragraph (a)(1) of this section: (1) Following an initial pressure test, monitoring of the tubing-casing annulus pressure with sufficient frequency to be representative, as determined by the Director, while maintaining an annulus pressure different from atmospheric pressure measured at the surface; (2) Pressure test with liquid or gas; or (3) Records of monitoring showing the absence of significant changes in the relationship between injection pressure and injection flow rate for the following Class II enhanced recovery wells: (i) Existing wells completed without a packer provided that a pressure test has been performed and the data is available and provided further that one pressure test shall be performed at a time when the well is shut down and if the running of such a test will not cause further loss of significant amounts of oil or gas; or (ii) Existing wells constructed without a long string casing, but with surface casing which terminates at the base of fresh water provided that local geological and hydrological features allow such construction and provided further that the annular space shall be visually inspected. For these wells, the Director shall prescribe a monitoring program which will verify the absence of significant fluid movement from the injection zone into an USDW. (c) One of the following methods must be used to determine the absence of significant fluid movement under paragraph (a)(2) of this section: (1) The results of a temperature or noise log; or (2) For Class II only, cementing records demonstrating the presence of adequate cement to prevent such migration; or (3) For Class III wells where the nature of the casi… | |||
| 40:40:25.0.1.1.9.1.45.9 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | A | Subpart A—General Provisions | § 146.9 Criteria for establishing permitting priorities. | EPA | [45 FR 42500, June 24, 1980, as amended at 48 FR 14293, Apr. 1, 1983] | In determining priorities for setting times for owners or operators to submit applications for authorization to inject under the procedures of § 144.31 (a), (c), (g) or § 144.22(f), the Director shall base these priorities upon consideration of the following factors: (a) Injection wells known or suspected to be contaminating underground sources of drinking water; (b) Injection wells known to be injecting fluids containing hazardous contaminants; (c) Likelihood of contamination of underground sources of drinking water; (d) Potentially affected population; (e) Injection wells violating existing State requirements; (f) Coordination with the issuance of permits required by other State or Federal permit programs; (g) Age and depth of the injection well; and (h) Expiration dates of existing State permits, if any. | |||
| 40:40:25.0.1.1.9.2.45.1 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.11 Criteria and standards applicable to Class I nonhazardous wells. | EPA | [53 FR 28148, July 26, 1988] | This subpart establishes criteria and standards for underground injection control programs to regulate Class I nonhazardous wells. | |||
| 40:40:25.0.1.1.9.2.45.2 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.12 Construction requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981] | (a) All Class I wells shall be sited in such a fashion that they inject into a formation which is beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water. (b) All Class I wells shall be cased and cemented to prevent the movement of fluids into or between underground sources of drinking water. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered: (1) Depth to the injection zone; (2) Injection pressure, external pressure, internal pressure, and axial loading; (3) Hole size; (4) Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material); (5) Corrosiveness of injected fluid, formation fluids, and temperatures; (6) Lithology of injection and confining intervals; and (7) Type or grade of cement. (c) All Class I injection wells, except those municipal wells injecting non-corrosive wastes, shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service. (1) The use of other alternatives to a packer may be allowed with the written approval of the Director. To obtain approval, the operator shall submit a written request to the Director, which shall set forth the proposed alternative and all technical data supporting its use. The Director shall approve the request if the alternative method will reliably provide a comparable level of protection to underground sources of drinking water. The Director may approve an alternative method solely for an individual well or for general use. (2) In determining and specifying requirements for tubing, packer, or alternatives the following factors shall be considered: (i) Depth of setting; (ii… | |||
| 40:40:25.0.1.1.9.2.45.3 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.13 Operating, monitoring and reporting requirements. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 47 FR 32129, July 26, 1982; 53 FR 28148, July 26, 1988] | (a) Operating requirements. Operating requirements shall at a minimum, specify that: (1) Except during stimulation injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case shall injection pressure initiate fractures in the confining zone or cause the movement of injection or formation fluids into an underground source of drinking water. (2) Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited. (3) Unless an alternative to a packer has been approved under § 146.12(c), the annulus between the tubing and the long string of casings shall be filled with a fluid approved by the Director and a pressure, also approved by the Director, shall be maintained on the annulus. (b) Monitoring requirements. Monitoring requirements shall, at a minimum, include: (1) The analysis of the injected fluids with sufficient frequency to yield representative data of their characteristics; (2) Installation and use of continuous recording devices to monitor injection pressure, flow rate and volume, and the pressure on the annulus between the tubing and the long string of casing; (3) A demonstration of mechanical integrity pursuant to § 146.8 at least once every five years during the life of the well; and (4) The type, number and location of wells within the area of review to be used to monitor any migration of fluids into and pressure in the underground sources of drinking water, the parameters to be measured and the frequency of monitoring. (c) Reporting requirements. Reporting requirements shall, at a minimum, include: (1) Quarterly reports to the Director on: (i) The physical, chemical and other relevant characteristics of injection fluids; (ii) Monthly average, maximum and minimum values for injection pressure, flow rate and volume, and annular pressure; a… | |||
| 40:40:25.0.1.1.9.2.45.4 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.14 Information to be considered by the Director. | EPA | [45 FR 42500, June 24, 1980, as amended at 46 FR 43162, Aug. 27, 1981; 48 FR 14293, Apr. 1, 1983] | This section sets forth the information which must be considered by the Director in authorizing Class I wells. For an existing or converted new Class I well the Director may rely on the existing permit file for those items of information listed below which are current and accurate in the file. For a newly drilled Class I well, the Director shall require the submission of all the information listed below. For both existing and new Class I wells certain maps, cross-sections, tabulations of wells within the area of review and other data may be included in the application by reference provided they are current, readily available to the Director (for example, in the permitting agency's files) and sufficiently identified to be retrieved. In cases where EPA issues the permit all the information in this section must be submitted to the Administrator. (a) Prior to the issuance of a permit for an existing Class I well to operate or the construction or conversion of a new Class I well the Director shall consider the following: (1) Information required in 40 CFR 144.31 and 144.31(g); (2) A map showing the injection well(s) for which a permit is sought and the applicable area of review. Within the area of review, the map must show the number, or name, and location of all producing wells, dry holes, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected. Only information of public record is required to be included on this map; (3) A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the Director may require; (4) Maps and cross sections indicating the general vertical and lateral limits of all underground sources of drinking water within the a… | |||
| 40:40:25.0.1.1.9.2.45.5 | 40 | Protection of Environment | I | D | 146 | PART 146—UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS | B | Subpart B—Criteria and Standards Applicable to Class I Wells | § 146.15 Class I municipal disposal well alternative authorization in certain parts of Florida. | EPA | [70 FR 70531, Nov. 22, 2005] | (a) Existing Class I municipal disposal wells in specific geographic regions as defined in paragraph (f) of this section may continue to inject without violating the regulatory prohibitions in Parts 144 and 146 of this chapter against the movement of injection or formation fluids into a USDW, provided that such wells meet the requirements of this section, even if the Director determines they have caused or may cause fluid movement into a USDW. Nothing in this section excuses such Class I municipal disposal wells from meeting all other applicable State and Federal requirements including 40 CFR 144.12(a). (b) For purposes of this section, an existing Class I municipal disposal well is defined as a well for which a complete UIC construction permit application was received by the Director on or before December 22, 2005. (c) For purposes of this section, the determination that a Class I municipal disposal well has caused or may cause movement of injection or formation fluids into a USDW may be made by the Director based on any relevant data available to him/her, including ground water monitoring data generated pursuant to regulatory requirements governing operation of Class I municipal disposal wells. (d) In order for a Class I municipal disposal well to qualify for authorization to inject pursuant to paragraph (a) of this section, the Owner/Operator of that well shall: (1) Develop and implement a pretreatment program that is no less stringent than the requirements of Chapter 62-625, Florida Administrative Code, or have no significant industrial users as defined in that chapter. (2) Treat the injectate using secondary treatment in a manner that is no less stringent than the requirements of Florida Rule 62-600.420(1)(d), and using high-level disinfection in a manner that is no less stringent than the requirements of Florida Rule 62-600.440(5)(a)-(f), within five years after notification by the Director that the well has caused or may cause fluid movement into a USDW. (e) Where the Director issued such notice for … |
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