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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:2.0.1.1.22.0.135.1 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.1 Purpose. | NRC | [46 FR 44151, Sept. 3, 1981] | The regulations in this part provide certain exemptions to persons in Agreement States from the licensing requirements contained in chapters 6, 7, and 8 of the Act and from the regulations of the Commission imposing requirements upon persons who receive, possess, use or transfer byproduct material, source, or special nuclear material in quantities not sufficient to form a critical mass; and to define activities in Agreement States and in offshore waters over which the regulatory authority of the Commission continues. The provisions of the Act, and regulations of the Commission apply to all persons in Agreement States and in offshore waters engaging in activities over which the regulatory authority of the Commission continues. | ||||||
| 10:10:2.0.1.1.22.0.135.2 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.2 Scope. | NRC | [63 FR 1901, Jan. 13, 1998, as amended at 80 FR 63419, Oct. 20, 2015] | The regulations in this part apply to all States that have entered into agreements with the Commission or the Atomic Energy Commission pursuant to subsection 274b of the Act. This part also gives notice to all persons who knowingly provide to any licensee, applicant for a license or certificate or quality assurance program approval, holder of a certificate or quality assurance program approval, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's, certificate holder's, quality assurance program approval holder's or applicant's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of §§ 30.10, 40.10, 61.9b, 70.10, and 71.8. | ||||||
| 10:10:2.0.1.1.22.0.135.3 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.3 Definitions. | NRC | [27 FR 1352, Feb. 14, 1962, as amended at 31 FR 15145, Dec. 2, 1966; 40 FR 8794, Mar. 3, 1975; 44 FR 55327, Sept. 26, 1979; 45 FR 18906, Mar. 24, 1980; 46 FR 44152, Sept. 3, 1981; 57 FR 18394, Apr. 30, 1992; 68 FR 10365, Mar. 5, 2003; 72 FR 55934, Oct. 1, 2007; 73 FR 32464, June 9, 2008] | As used in this part: Act means the Atomic Energy Act of 1954 (68 Stat. 919) including any amendments thereto; Agreement State means any State with which the Commission or the Atomic Energy Commission has entered into an effective agreement under subsection 274b of the Act. Nonagreement State means any other State. Byproduct material means— (1) Any radioactive material (except special nuclear material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or using special nuclear material; (2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute “byproduct material” within this definition; (3)(i) Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or (ii) Any material that— (A) Has been made radioactive by use of a particle accelerator; and (B) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and (4) Any discrete source of naturally occurring radioactive material, other than source material, that— (i) The Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity. Commission means the Nuclear Regulatory … | ||||||
| 10:10:2.0.1.1.22.0.135.4 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.4 Communications. | NRC | [73 FR 5727, Jan. 31, 2008, as amended at 74 FR 62686, Dec. 1, 2009; 79 FR 75742, Dec. 19, 2014; 80 FR 74982, Dec. 1, 2015] | Except where otherwise specified in this part, all communications and reports concerning the regulations in this part should be sent by mail addressed: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, and sent either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. | ||||||
| 10:10:2.0.1.1.22.0.135.5 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.5 Interpretations. | NRC | [27 FR 1352, Feb. 14, 1962, as amended at 90 FR 55634, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by an officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||||
| 10:10:2.0.1.1.22.0.136.6 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.7 Persons in offshore waters not exempt. | NRC | [46 FR 44152, Sept. 3, 1981] | Persons in offshore waters are not exempt from the Commission's licensing and regulatory requirements with respect to byproduct, source, and special nuclear materials. | ||||||
| 10:10:2.0.1.1.22.0.136.7 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.8 Information collection requirements: OMB approval. | NRC | [49 FR 19629, May 9, 1984, as amended at 62 FR 52190, Oct. 6, 1997; 73 FR 32464, June 9, 2008; 73 FR 78615, Dec. 23, 2008; 74 FR 1872, Jan. 14, 2009] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0032. (b) The approved information collection requirements contained in this part appear in §§ 150.16, 150.17, 150.17a, 150.19, 150.20, and 150.31. (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection requirements and the control numbers under which they are approved are as follows: (1) In § 150.16, DOE/NRC FORM 741 and its computer-readable format are approved under control number 3150-0003. (2) In § 150.17, DOE/NRC Form 742 and its computer-readable format are approved under control number 3150-0004, and DOE/NRC Form 742C and its computer-readable format are approved under control number 3150-0058. (3) In § 150.17a, Form N-71 and associated forms are approved under OMB control number 3150-0056 and DOC/NRC Forms AP-1 or AP-A and associated forms are approved under OMB control number 0694-0135. (4) In § 150.20, NRC Form 241 is approved under control number 3150-0013. | ||||||
| 10:10:2.0.1.1.22.0.137.8 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.10 Persons exempt. | NRC | [37 FR 9208, May 6, 1972, as amended at 45 FR 50718, July 31, 1980; 75 FR 73946, Nov. 30, 2010] | Except as provided in §§ 150.15, 150.16, 150.17, 150.17a, and 150.19, any person in an Agreement State who manufactures, produces, receives, possesses, uses, or transfers byproduct material, source material, or special nuclear material in quantities not sufficient to form a critical mass is exempt from the requirements for a license contained in Chapters 6, 7, and 8 of the Act, regulations of the Commission imposing licensing requirements upon persons who manufacture, produce, receive, possess, use, or transfer such materials, and from regulations of the Commission applicable to licensees. The exemptions in this section do not apply to agencies of the Federal government as defined in § 150.3. | ||||||
| 10:10:2.0.1.1.22.0.137.9 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.11 Critical mass. | NRC | [27 FR 1352, Feb. 14, 1962, as amended at 30 FR 12069, Sept. 22, 1965] | (a) For the purposes of this part, special nuclear material in quantities not sufficient to form a critical mass means uranium enriched in the isotope U-235 in quantities not exceeding 350 grams of contained U-235; uranium-233 in quantities not exceeding 200 grams; plutonium in quantities not exceeding 200 grams; or any combination of them in accordance with the following formula: For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear materials in combination shall not exceed unity. For example, the following quantities in combination would not exceed the limitation and are within the formula, as follows: (175 (grams contained U-235 / 350) + (50 grams U-233) / 200) + (50 grams Pu / 200) = 1 (b) To determine whether the exemption granted in § 150.10 applies to the receipt, possession or use of special nuclear material at any particular plant or other authorized location of use, a person shall include in the quantity computed according to paragraph (a) of this section the total quantity of special nuclear material which he is authorized to receive, possess or use at the plant or other location of use at any one time. | ||||||
| 10:10:2.0.1.1.22.0.138.10 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.14 Commission regulatory authority for physical protection. | NRC | [44 FR 43285, July 24, 1979, as amended at 44 FR 68199, Nov. 28, 1979] | Persons in Agreement States possessing, using or transporting special nuclear material of low strategic significance in quantities greater than 15 grams of plutonium or uranium-233 or uranium-235 (enriched to 20 percent or more in the U-235 isotope) or any combination greater than 15 grams when computed by the equation grams = grams uranium-235 + grams plutonium + grams uranium-233 shall meet the physical protection requirements of § 73.67 of 10 CFR part 73. | ||||||
| 10:10:2.0.1.1.22.0.138.11 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.15 Persons not exempt. | NRC | [27 FR 1352, Feb. 14, 1962, as amended at 34 FR 7369, May 7, 1969; 53 FR 31683, Aug. 19, 1988; 66 FR 51843, Oct. 11, 2001; 73 FR 63582, Oct. 24, 2008; 79 FR 58672, Sept. 30, 2014; 87 FR 68032, Nov. 14, 2022] | (a) Persons in agreement States are not exempt from the Commission's licensing and regulatory requirements with respect to the following activities: (1) The construction and operation of any production or utilization facility. As used in this subparagraph, operation of a facility includes, but is not limited to (i) the storage and handling of radioactive wastes at the facility site by the person licensed to operate the facility, and (ii) the discharge of radioactive effluents from the facility site. (2) The export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility. (3) The disposal into the ocean or sea of byproduct, source, or special nuclear waste materials, as defined in regulations or orders of the Commission. For purposes of this part, ocean or sea means any part of the territorial waters of the United States and any part of the international waters. (4) The transfer, storage or disposal of radioactive waste material resulting from the separation in a production facility of special nuclear material from irradiated nuclear reactor fuel. This subparagraph does not apply to the transfer, storage or disposal of contaminated equipment. (5) The disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Commission. (6) The transfer of possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from licensing and regulatory requirements of the Commission under Parts 30 and 40 of this chapter. (7) The storage of: (i) Spent fuel in an independent spent fuel storage installation (ISFSI) licensed under part 72 of this chapter, (ii) Spent fuel and high-level radi… | ||||||
| 10:10:2.0.1.1.22.0.138.12 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.15a Continued Commission authority pertaining to byproduct material. | NRC | [45 FR 65536, Oct. 3, 1980, as amended at 80 FR 74982, Dec. 1, 2015] | (a) Prior to the termination of any Agreement State license for byproduct material as defined in § 150.3(c)(2) of this part, or for any activity that results in the production of such material, the Commission shall have made a determination that all applicable standards and requirements pertaining to such material have been met. (b) After November 8, 1981, the Commission reserves the authority to establish minimum standards regarding reclamation, long term surveillance ( i.e. , continued site observation, monitoring and, where necessary, maintenance), and ownership of byproduct material as defined in § 150.3(c)(2) of this part and of land used as a disposal site for such material. Such reserved authority includes: (1) Authority to establish such terms and conditions as the Commission determines necessary to assure that, prior to termination of any license for byproduct material as defined in § 150.3(c)(2) of this part, or for any activity that results in the production of such material, the licensee shall comply with decontamination, decommissioning, and reclamation standards prescribed by the Commission; and with ownership requirements for such materials and its disposal site; (2) The authority to require that prior to termination of any license for byproduct material as defined in § 150.3(c)(2) of this part, or for any activity that results in the production of such material, that title to such byproduct material and its disposal site be transferred to the United States or the State in which such material and land is located, at the option of the State (provided such option is exercised prior to termination of the license); (3) The authority to permit use of the surface or subsurface estates, or both, of the land transferred to the United States or a State pursuant to paragraph (b)(2) of this section in a manner consistent with the provisions of the Uranium Mill Tailings Radiation Control Act of 1978, provided that the Commission determines that such use would not endanger the public health, safety, welfare… | ||||||
| 10:10:2.0.1.1.22.0.139.13 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.16 Submission to Commission of nuclear material transaction reports. | NRC | [39 FR 39559, Nov. 8, 1974, as amended at 41 FR 16447, Apr. 19, 1976; 52 FR 31613, Aug. 21, 1987; 59 FR 35622, July 13, 1994; 68 FR 58825, Oct. 10, 2003; 73 FR 5727, Jan. 31, 2008; 73 FR 32464, June 9, 2008; 79 FR 75742, Dec. 19, 2014; 84 FR 65646, Nov. 29, 2019] | (a)(1) Each person who transfers or receives special nuclear material in a quantity of one gram or more of contained uranium-235, uranium-233, or plutonium under an Agreement State license shall complete and submit in computer-readable format Nuclear Material Transaction Reports as specified in the instructions in NUREG/BR-0006 and NMMSS Report D-24, “Personal Computer Data Input for NRC Licensees.” In addition, each person who adjusts the inventory in any manner, other than for transfers and receipts, shall submit in computer-readable format Nuclear Material Transaction Reports as specified in the instructions in NUREG/BR-0006 and NMMSS Report D-24, “Personal Computer Data Input for NRC Licensees.” Each licensee who receives special nuclear material in a quantity of one gram or more of contained uranium-235, uranium-233, or plutonium from a foreign source, or who ships special nuclear material in a quantity of one gram or more of contained uranium-235, uranium-233, or plutonium to a foreign source, shall submit the licensee portion of this information as specified in the instructions in this part. The applicable foreign facility portion of the form must be completed and submitted for imports. The foreign facility portion of the form must be completed for exports only if a significant shipper-receiver difference as described in §§ 74.31, 74.43, or 74.59 of this part, as applicable, is identified. Each person who transfers the material shall submit a Nuclear Material Transaction Report in computer-readable format as specified in the instructions no later than the close of business the next working day. Each person who receives special nuclear material shall submit a Nuclear Material Transaction Report in the computer-readable format as specified in the instructions within ten (10) days after the special nuclear material is received. Copies of these instructions may be obtained either by writing to the U.S. Nuclear Regulatory Commission, Division of Fuel Management, Washington, DC 20555-0001, or by e-mail to RidsN… | ||||||
| 10:10:2.0.1.1.22.0.139.14 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.17 Submission to Commission of nuclear material status reports. | NRC | [35 FR 12196, July 30, 1970, as amended at 36 FR 10938, June 5, 1971; 41 FR 16448, Apr. 19, 1976; 49 FR 24708, June 15, 1984; 51 FR 9767, Mar. 21, 1986; 52 FR 31613, Aug. 21, 1987; 59 FR 35622, July 13, 1994; 60 FR 24553, May 9, 1995; 68 FR 10365, Mar. 5, 2003; 68 FR 58825, Oct. 10, 2003; 73 FR 32465, June 9, 2008; 74 FR 62686, Dec. 1, 2009; 75 FR 73946, Nov. 30, 2010; 79 FR 75742, Dec. 19, 2014; 84 FR 65646, Nov. 29, 2019] | (a) Except as specified in paragraph (d) of this section and § 150.17a, each person possessing, or who had possessed in the previous reporting period, at any one time and location, under an Agreement State license, special nuclear material in a quantity totaling one gram or more of contained uranium-235, uranium-233, or plutonium, shall complete and submit, in computer-readable format Material Balance Reports concerning special nuclear material that the licensee has received, produced, possessed, transferred, consumed, disposed of, or lost. This prescribed computer-readable report replaces the DOE/NRC Form 742 which has been previously submitted in paper form. The Physical Inventory Listing Report must be submitted with each Material Balance Report. This prescribed computer-readable report replaces the DOE/NRC Form 742C which has been previously submitted in paper form. Each licensee shall prepare and submit the reports described in this paragraph as specified in the instructions in NUREG/BR-0007 and NMMSS Report D-24 “Personal Computer Data Input for NRC Licensees.” Copies of these instructions may be obtained from the U.S. Nuclear Regulatory Commission, Division of Fuel Management, Washington, DC 20555-0001, or by e-mail to RidsNmssFcss@nrc.gov. Each person subject to this requirement shall submit a report no later than March 31 of each year. The Commission may, when good cause is shown, permit a licensee to submit Material Balance Reports and Physical Inventory Listing Reports at other times. Each licensee required to report material balance, and inventory information, as described in this part, shall resolve any discrepancies identified during the report review and reconciliation process within 30 calendar days of notification of a discrepancy identified by NRC. (b) Except as specified in paragraph (d) of this section and § 150.17a, each person possessing, or who had possessed in the previous reporting period, at any one time and location, under an Agreement State license: (1) One kilogram or more of uran… | ||||||
| 10:10:2.0.1.1.22.0.139.15 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.17a Compliance with requirements of US/IAEA Safeguards Agreement. | NRC | [73 FR 78615, Dec. 23, 2008] | (a) For purposes of this section, the terms facility, location , and Eligible Facilities List have the meanings set forth in § 75.4 of this chapter. (b) Each person who, under an Agreement State license, is authorized to possess byproduct, source, or special nuclear material is subject to the provisions of Part 75 of this chapter and shall comply with its applicable provisions. However, regarding these persons, the Commission will issue orders under section 274m of the Act instead of making license amendments; and, to the extent Part 75 of this chapter refers to license amendments and license conditions, these references shall be deemed, for purposes of this paragraph, to refer to orders under section 274m of the Act. (c)(1) In response to a written request by the Commission, each applicant for an Agreement State license or certificate, and each recipient of an Agreement State license or certificate shall submit facility information, as described in § 75.10 of this chapter, on Form N-71 and associated forms, and site information on DOC/NRC Form AP-A and associated forms; (2) As required by the Additional Protocol, shall submit location information described in § 75.11 of this chapter on DOC/NRC Form AP-1 and associated forms; and (3) Shall permit verification thereof by the International Atomic Energy Agency (IAEA); and shall take other action as may be necessary to implement the US/IAEA Safeguards Agreement, as described in Part 75 of this chapter. (d) In response to a written request by the Commission, each applicant for an Agreement State license or certificate, and each recipient of an Agreement State license or certificate shall submit facility information, as described in § 75.10 of this chapter, on Form N-71 and associated forms, and site information on DOC/NRC Form AP-A and associated forms; shall submit location information described in § 75.11 of this chapter on DOC/NRC Form AP-1 or AP-A and associated forms; shall permit verification thereof by the International Atomic Energy Agency (IAEA); and… | ||||||
| 10:10:2.0.1.1.22.0.139.16 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.19 Submission to Commission of tritium reports. | NRC | [37 FR 9208, May 6, 1972, as amended at 41 FR 16448, Apr. 19, 1976; 46 FR 55085, Nov. 6, 1981; 49 FR 24708, June 15, 1984; 52 FR 31613, Aug. 21, 1987; 68 FR 58825, Oct. 10, 2003; 73 FR 5727, Jan. 31, 2008; 79 FR 75742, Dec. 19, 2014] | (a)-(b) [Reserved] (c) Except as specified in paragraph (d) of this section, each person who, pursuant to an Agreement State license, is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office as shown in appendix D of part 20 of this chapter by telephone and telegraph, mailgram, or facsimile any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 10 curies of such material at any one time or 100 curies of such material in any one calendar year. The initial report must be followed within a period of fifteen days by a written report that sets forth the details of the incident and its consequences. The report must be submitted to the Director, Office of Nuclear material Safety and Safeguards, using an appropriate method listed in § 150.4, with a copy to the appropriate NRC Regional Office as shown in appendix A to part 73 of this chapter. Subsequent to the submission of the written report required by this paragraph, each person subject to the provisions of this paragraph shall promptly inform the appropriate NRC Regional Office by means of a written report of any substantive additional information, which becomes available to such person, concerning an attempted or apparent theft or unlawful diversion of tritium. (d) The reports described in this section are not required for tritium possessed pursuant to a general license issued pursuant to regulations of an Agreement State equivalent to part 31 of this chapter or for tritium in spent fuel. | ||||||
| 10:10:2.0.1.1.22.0.140.17 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.20 Recognition of Agreement State licenses. | NRC | [35 FR 7725, May 20, 1970] | (a)(1) Provided that the provisions of paragraph (b) of this section have been met, any person who holds a specific license from an Agreement State, where the licensee maintains an office for directing the licensed activity and retaining radiation safety records, is granted a general license to conduct the same activity in— (i) Non-Agreement States; (ii) Areas of Exclusive Federal jurisdiction within Agreement States; and (iii) Offshore waters. (2) The provisions of paragraph (a)(1) of this section do not apply if the specific Agreement State license limits the authorized activity to a specific installation or location. (b) Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in activities in a non-Agreement State, in an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters under the general licenses provided in this section, the general licenses provided in this section are subject to all the provisions of the Act, now or hereafter in effect, and to all applicable rules, regulations, and orders of the Commission including the provisions of §§ 30.7(a) through (f), 30.9, 30.10, 30.34, 30.41, and 30.51 through 30.63 of this chapter; §§ 40.7(a) through (f), 40.9, 40.10, 40.41, 40.51, 40.61 through 40.63, 40.71, and 40.81 of this chapter; §§ 70.7(a) through (f), 70.9, 70.10, 70.32, 70.42, 70.52, 70.55, 70.56, 70.60 through 70.62 of this chapter; §§ 74.11, 74.15, and 74.19 of this chapter; and to the provisions of 10 CFR parts 19, 20 and 71 and subparts C through H of part 34, §§ 39.15 and 39.31 through 39.77 of this chapter. In addition, any person engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters under the general licenses provided in this section: (1) Shall, at least 3 days before engaging in each activity for the first time in a calendar year, file a submittal containing an NRC Form 241, “Report of Proposed Activities in N… | ||||||
| 10:10:2.0.1.1.22.0.140.18 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.21 Transportation of special nuclear material by aircraft. | NRC | [38 FR 3039, Feb. 1, 1973] | Except as specifically approved by the Commission no shipment of special nuclear material in excess of 20 grams or 20 curies whichever is less of plutonium or uranium-233 shall be made by a licensee of an Agreement State in passenger aircraft. | ||||||
| 10:10:2.0.1.1.22.0.141.19 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.30 Violations. | NRC | [57 FR 55081, Nov. 24, 1992] | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | ||||||
| 10:10:2.0.1.1.22.0.141.20 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.31 Requirements for Agreement State regulation of byproduct material. | NRC | [45 FR 65537, Oct. 3, 1980; 50 FR 41866, Oct. 16, 1985, as amended at 76 FR 56966, Sept. 15, 2011] | (a) Prior to November 8, 1981, in the licensing and regulation of byproduct material, as defined in § 150.3(c)(2) of this part, or of any activity which results in the production of such byproduct material, an Agreement State shall require compliance with the requirements in appendix A of 10 CFR part 40 of this chapter to the maximum extent practicable. (b) After November 8, 1981, in the licensing and regulation of byproduct material, as defined in § 150.3(c)(2) of this part, or of any activity which results in the production of such byproduct material, an Agreement State shall require: (1) Compliance with requirements in appendix A of 10 CFR part 40 of this chapter established by the Commission pertaining to ownership of such byproduct material and disposal sites for such material; and (2) Compliance with standards which shall be adopted by the Agreement State for the protection of the public health, safety, and the environment from hazards associated with such material which are equivalent, to the extent practicable, or more stringent than, standards in appendix A of 10 CFR part 40 of this chapter adopted and enforced by the Commission for the same purposes, including requirements and standards subsequently promulgated by the Commission and the Administrator of the Environmental Protection Agency pursuant to the Uranium Mill Tailing Radiation Control Act of 1978; and (3) Compliance with procedures which: (i) In the case of licenses, under State law include: (A) An opportunity, after public notice, for written comments and a public hearing, with a transcript; (B) An opportunity for cross examination; and (C) A written determination by the appropriate State official which is based upon findings included in such determination and upon the evidence presented during the public comment period and which is subject to judicial review; (ii) In the case of rulemaking, provide an opportunity for public participation through written comments or a public hearing and provide for judicial review of the rule; (iii) R… | ||||||
| 10:10:2.0.1.1.22.0.141.21 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.32 Funds for reclamation or maintenance of byproduct material. | NRC | [45 FR 65537, Oct. 3, 1980; 48 FR 40882, Sept. 12, 1983] | (a) The total amount of funds an Agreement State collects, pursuant to a license for byproduct material as defined in § 150.3(c)(2) of this part or for any activity that results in the production of such material, for reclamation or long term maintenance and monitoring of such material, shall after November 8, 1981, be transferred to the United States if title and custody of such material and its disposal site is transferred to the United States upon termination of such license. Such funds include, but are not limited to, sums collected for long term surveillance ( i.e. , continued site observation, monitoring and, where necessary, maintenance). Such funds do not however, include monies held as surety where no default has occurred and the reclamation or other bonded activity has been performed. (b) If an Agreement State requires such payments for reclamation or long term surveillance ( i.e. , continued site observation, monitoring and, where necessary, maintenance), the payments must, after November 8, 1981, be sufficient to ensure compliance with those standards established by the Commission pertaining to bonds, sureties, and financial arrangements to ensure adequate reclamation and long term management of such byproduct material and its disposal site. | ||||||
| 10:10:2.0.1.1.22.0.141.22 | 10 | Energy | I | 150 | PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 | § 150.33 Criminal penalties. | NRC | [57 FR 55081, Nov. 24, 1992] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 150 are issued under one or more of sections 161b, 161i, or 161o, except for sections listed in paragraph (b) of this section. (b) The regulations in part 150 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 150.1, 150.2, 150.3, 150.4, 150.5, 150.7, 150.8, 150.10, 150.11, 150.15, 150.15a, 150.30, 150.31, 150.32, and 150.33. | ||||||
| 14:14:3.0.1.3.22.1.3.1 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | A | Subpart A—General Provisions | § 150.1 Scope and purpose. | FAA | This part prescribes the procedures, standards, and methodology governing the development, submission, and review of airport noise exposure maps and airport noise compatibility programs, including the process for evaluating and approving or disapproving those programs. It prescribes single systems for—(a) measuring noise at airports and surrounding areas that generally provides a highly reliable relationship between projected noise exposure and surveyed reaction of people to noise; and (b) determining exposure of individuals to noise that results from the operations of an airport. This part also identifies those land uses which are normally compatible with various levels of exposure to noise by individuals. It provides technical assistance to airport operators, in conjunction with other local, State, and Federal authorities, to prepare and execute appropriate noise compatibility planning and implementation programs. | ||||
| 14:14:3.0.1.3.22.1.3.2 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | A | Subpart A—General Provisions | § 150.3 Applicability. | FAA | [Docket FAA-2004-19158, 69 FR 57625, Sept. 24, 2004] | This part applies to the airport noise compatibility planning activities of the operators of “public use airports,” including heliports, as that term is used in section 47501(2) as amended (49 U.S.C. 47501 et seq. ) and as defined in section 47102(17) of 49 U.S.C. | |||
| 14:14:3.0.1.3.22.1.3.3 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | A | Subpart A—General Provisions | § 150.5 Limitations of this part. | FAA | [Docket 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-4, 69 FR 57625, Sept. 24, 2004] | (a) Pursuant to 49 U.S.C. 47501 et seq., this part provides for airport noise compatibility planning and land use programs necessary to the purposes of those provisions. No submittal of a map, or approval or disapproval, in whole or part, of any map or program submitted under this part is a determination concerning the acceptability or unacceptability of that land use under Federal, State, or local law. (b) Approval of a noise compatibility program under this part is neither a commitment by the FAA to financially assist in the implementation of the program, nor a determination that all measures covered by the program are eligible for grant-in-aid funding from the FAA. (c) Approval of a noise compatibility program under this part does not by itself constitute an FAA implementing action. A request for Federal action or approval to implement specific noise compatibility measures may be required, and an FAA decision on the request may require an environmental assessment of the proposed action, pursuant to the National Environmental Policy Act (42 U.S.C. 4332 et seq. ) and guidelines. (d) Acceptance of a noise exposure map does not constitute an FAA determination that any specific parcel of land lies within a particular noise contour. Responsibility for interpretation of the effects of noise contours upon subjacent land uses, including the relationship between noise contours and specific properties, rests with the sponsor or with other state or local government. | |||
| 14:14:3.0.1.3.22.1.3.4 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | A | Subpart A—General Provisions | § 150.7 Definitions. | FAA | [Docket 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-1, 53 FR 8724, Mar. 16, 1988; 53 FR 9726, Mar. 24, 1988; Amdt. 150-2, 54 FR 39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57625, Sept. 24, 2004] | As used in this part, unless the context requires otherwise, the following terms have the following meanings. Airport means any public use airport, including heliports, as defined by the ASNA Act, including: (a) Any airport which is used or to be used for public purposes, under the control of a public agency, the landing area of which is publicly owned; (b) any privately owned reliever airport; and (c) any privately owned airport which is determined by the Secretary to enplane annually 2,500 or more passengers and receive scheduled passenger service of aircraft, which is used or to be used for public purposes. Airport noise compatibility program and program mean that program, and all revisions thereto, reflected in documents (and revised documents) developed in accordance with appendix B of this part, including the measures proposed or taken by the airport operator to reduce existing noncompatible land uses and to prevent the introduction of additional noncompatible land uses within the area. Airport Operator means, the operator of an airport as defined in the ASNA Act. ASNA Act means 49 U.S.C. 47501 et seq. Average sound level means the level, in decibels, of the mean-square, A-weighted sound pressure during a specified period, with reference to the square of the standard reference sound pressure of 20 micropascals. Compatible land use means the use of land that is identified under this part as normally compatible with the outdoor noise environment (or an adequately attenuated noise level reduction for any indoor activities involved) at the location because the yearly day-night average sound level is at or below that identified for that or similar use under appendix A (Table 1) of this part. Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between midnight and 7 a.m., and between 10 p.m., and midnight, local time. The symbol for DNL is L dn … | |||
| 14:14:3.0.1.3.22.1.3.5 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | A | Subpart A—General Provisions | § 150.9 Designation of noise systems. | FAA | For purposes of this part, the following designations apply: (a) The noise at an airport and surrounding areas covered by a noise exposure map must be measured in A-weighted sound pressure level (L A ) in units of decibels (dBA) in accordance with the specifications and methods prescribed under appendix A of this part. (b) The exposure of individuals to noise resulting from the operation of an airport must be established in terms of yearly day-night average sound level (YDNL) calculated in accordance with the specifications and methods prescribed under appendix A of this part. (c) Uses of computer models to create noise contours must be in accordance with the criteria prescribed under appendix A of this part. | ||||
| 14:14:3.0.1.3.22.1.3.6 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | A | Subpart A—General Provisions | § 150.11 Identification of land uses. | FAA | For the purposes of this part, uses of land which are normally compatible or noncompatible with various noise exposure levels to individuals around airports must be identified in accordance with the criteria prescribed under appendix A of this part. Determination of land use must be based on professional planning criteria and procedures utilizing comprehensive, or master, land use planning, zoning, and building and site designing, as appropriate. If more than one current or future land use is permissible, determination of compatibility must be based on that use most adversely affected by noise. | ||||
| 14:14:3.0.1.3.22.1.3.7 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | A | Subpart A—General Provisions | § 150.13 Incorporations by reference. | FAA | [Docket 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 54 FR 39295, Sept. 25, 1989; 69 FR 18803, Apr. 9, 2004; Amdt. 150-4, 69 FR 57625, Sept. 24, 2004; 72 FR 68475, Dec. 5, 2007] | (a) General. This part prescribes certain standards and procedures which are not set forth in full text in the rule. Those standards and procedures are hereby incorporated by reference and were approved for incorporation by reference by the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. (b) Changes to incorporated matter. Incorporated matter which is subject to subsequent change is incorporated by reference according to the specific reference and to the identification statement. Adoption of any subsequent change in incorporated matter that affects compliance with standards and procedures of this part will be made under 14 CFR part 11 and 1 CFR part 51. (c) Identification statement. The complete title or description which identifies each published matter incorporated by reference in this part is as follows: International Electrotechnical Commission (IEC) Publication No. 179, entitled “Precision Sound Level Meters,” dated 1973. International Electrotechnical Commission (IEC) Publication No. 179, entitled “Precision Sound Level Meters,” dated 1973. (d) Availability for purchase. Published material incorporated by reference in this part may be purchased at the price established by the publisher or distributor at the following mailing addresses. IEC publications: (1) The Bureau Central de la Commission Electrotechnique, Internationale, 1, rue de Varembe, Geneva, Switzerland. (2) American National Standards Institute, 1430 Broadway, New York, NY 10018. IEC publications: (1) The Bureau Central de la Commission Electrotechnique, Internationale, 1, rue de Varembe, Geneva, Switzerland. (2) American National Standards Institute, 1430 Broadway, New York, NY 10018. (e) Availability for inspection. A copy of each publication incorporated by reference in this part is available for public inspection at the following locations: (1) FAA Office of the Chief Counsel, Rules Docket, AGC-200, Federal Aviation Administration Headquarters Building, 800 Independence Avenue, SW., W… | |||
| 14:14:3.0.1.3.22.2.3.1 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | B | Subpart B—Development of Noise Exposure Maps and Noise Compatibility Programs | § 150.21 Noise exposure maps and related descriptions. | FAA | [Docket 18691, 49 FR 49269, Dec. 1, 1984; 50 FR 5063, Feb. 6, 1985; Amdt. 150-2, 54 FR 39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57626, Sept. 24, 2004] | (a) Each airport operator may after completion of the consultations and public procedure specified under paragraph (b) of this section submit to the Regional Airports Division Manager five copies of the noise exposure map (or revised map) which identifies each noncompatible land use in each area depicted on the map, as of the date of submission, and five copies of a map each with accompanying documentation setting forth— (1) The noise exposure based on forecast aircraft operations at the airport for a forecast period that is at least 5 years in the future, beginning after the date of submission (based on reasonable assumptions concerning future type and frequency of aircraft operations, number of nighttime operations, flight patterns, airport layout including any planned airport development, planned land use changes, and demographic changes in the surrounding areas); and (2) The nature and extent, if any, to which those forecast operations will affect the compatibility and land uses depicted on the map. (b) Each map, and related documentation submitted under this section must be developed and prepared in accordance with appendix A of this part, or an FAA approved equivalent, and in consultation with states, and public agencies and planning agencies whose area, or any portion of whose area, of jurisdiction is within the L dn 65 dB contour depicted on the map, FAA regional officials, and other Federal officials having local responsibility for land uses depicted on the map. This consultation must include regular aeronautical users of the airport. The airport operator shall certify that it has afforded interested persons adequate opportunity to submit their views, data, and comments concerning the correctness and adequacy of the draft noise exposure map and descriptions of forecast aircraft operations. Each map and revised map must be accompanied by documentation describing the consultation accomplished under this paragraph and the opportunities afforded the public to review and comment during the development of … | |||
| 14:14:3.0.1.3.22.2.3.2 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | B | Subpart B—Development of Noise Exposure Maps and Noise Compatibility Programs | § 150.23 Noise compatibility programs. | FAA | [Docket 18691, 49 FR 49269, Dec. 18, 1984; 50 FR 5063, Feb. 6, 1985; Amdt. 150-2, 54 FR 39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57626, Sept. 24, 2004] | (a) Any airport operator who has submitted an acceptable noise exposure map under § 150.21 may, after FAA notice of acceptability and other consultation and public procedure specified under paragraphs (b) and (c) of this section, as applicable, submit to the Regional Airports Division Manager five copies of a noise compatibility program. (b) An airport operator may submit the noise compatibility program at the same time as the noise exposure map. In this case, the Regional Airports Division Manager will not begin the statutory 180-day review period (for the program) until after FAA reviews the noise exposure map and finds that it and its supporting documentation are in compliance with the applicable requirements. (c) Each noise compatibility program must be developed and prepared in accordance with appendix B of this part, or an FAA approved equivalent, and in consultation with FAA regional officials, the officials of the state and of any public agencies and planning agencies whose area, or any portion or whose area, of jurisdiction within the L dn 65 dB noise contours is depicted on the noise exposure map, and other Federal officials having local responsibility of land uses depicted on the map. Consultation with FAA regional officials shall include, to the extent practicable, informal agreement from FAA on proposed new or modified flight procedures. For air carrier airports, consultation must include any air carriers and, to the extent practicable, other aircraft operators using the airport. For other airports, consultation must include, to the extent practicable, aircraft operators using the airport. (d) Prior to and during the development of a program, and prior to submission of the resulting draft program to the FAA, the airport operator shall afford adequate opportunity for the active and direct participation of the States, public agencies and planning agencies in the areas surrounding the airport, aeronautical users of the airport, the airport operator, and the general public to submit their views, data… | |||
| 14:14:3.0.1.3.22.3.3.1 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | C | Subpart C—Evaluations and Determinations of Effects of Noise Compatibility Programs | § 150.31 Preliminary review: Acknowledgments. | FAA | [Docket 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 54 FR 39295, Sept. 25, 1989] | (a) Upon receipt of a noise compatibility program submitted under § 150.23, the Regional Airports Division Manager acknowledges to the airport operator receipt of the program and conducts a preliminary review of the submission. (b) If, based on the preliminary review, the Regional Airports Division Manager finds that the submission does not conform to the requirements of this part, he disapproves and returns the unacceptable program to the airport operator for reconsideration and development of a program in accordance with this part. (c) If, based on the preliminary review, the Regional Airports Division Manager finds that the program conforms to the requirements of this part, the Regional Airports Division Manager publishes in the Federal Register a notice of receipt of the program for comment which indicates the following: (1) The airport covered by the program, and the date of receipt. (2) The availability of the program for examination in the offices of the Regional Airports Division Manager and the airport operator. (3) That comments on the program are invited and, will be considered by the FAA. (d) The date of signature of the published notice of receipt starts the 180-day approval period for the program. | |||
| 14:14:3.0.1.3.22.3.3.2 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | C | Subpart C—Evaluations and Determinations of Effects of Noise Compatibility Programs | § 150.33 Evaluation of programs. | FAA | [Docket 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 54 FR 39295, Sept. 25, 1989] | (a) The FAA conducts an evaluation of each noise compatibility program and, based on that evaluation, either approves or disapproves the program. The evaluation includes consideration of proposed measures to determine whether they— (1) May create an undue burden on interstate or foreign commerce (including unjust discrimination); (2) Are reasonably consistent with obtaining the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses; and (3) Include the use of new or modified flight procedures to control the operation of aircraft for purposes of noise control, or affect flight procedures in any way. (b) The evaluation may also include an evaluation of those proposed measures to determine whether they may adversely affect the exercise of the authority and responsibilities of the Administrator under the Federal Aviation Act of 1958, as amended. (c) To the extent considered necessary, the FAA may— (1) Confer with the airport operator and other persons known to have information and views material to the evaluation; (2) Explore the objectives of the program and the measures, and any alternative measures, for achieving the objectives. (3) Examine the program for developing a range of alternatives that would eliminate the reasons, if any, for disapproving the program. (4) Convene an informal meeting with the airport operator and other persons involved in developing or implementing the program for the purposes of gathering all facts relevant to the determination of approval or disapproval of the program and of discussing any needs to accommodate or modify the program as submitted. (d) If requested by the FAA, the airport operator shall furnish all information needed to complete FAA's review under (c). (e) An airport operator may, at any time before approval or disapproval of a program, withdraw or revise the program. If the airport operator withdraws or revises the program or indicates to the Regional Airports Division Manager, in writing, the int… | |||
| 14:14:3.0.1.3.22.3.3.3 | 14 | Aeronautics and Space | I | I | 150 | PART 150—AIRPORT NOISE COMPATIBILITY PLANNING | C | Subpart C—Evaluations and Determinations of Effects of Noise Compatibility Programs | § 150.35 Determinations; publications; effectivity. | FAA | [Docket 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt. 150-2, 54 FR 39295, Sept. 25, 1989; Amdt. 150-4, 69 FR 57626, Sept. 24, 2004] | (a) The FAA issues a determination approving or disapproving each airport noise compatibility program (and revised program). Portions of a program may be individually approved or disapproved. No conditional approvals will be issued. A determination on a program acceptable under this part is issued within 180 days after the program is received under § 150.23 of this part or it may be considered approved, except that this time period may be exceeded for any portion of a program relating to the use of flight procedures for noise control purposes. A determination on portions of a program covered by the exceptions to the 180-day review period for approval will be issued within a reasonable time after receipt of the program. Determinations relating to the use of any flight procedure for noise control purposes may be issued either in connection with the determination on other portions of the program or separately. Except as provided by this paragraph, no approval of any noise compatibility program, or any portion of a program, may be implied in the absence of the FAA's express approval. (b) The Administrator approves programs under this part, if— (1) It is found that the program measures to be implemented would not create an undue burden on interstate or foreign commerce (including any unjust discrimination) and are reasonably consistent with achieving the goals of reducing existing noncompatible land uses around the airport and of preventing the introduction of additional noncompatible land uses; (2) The program provides for revision if made necessary by the revision of the noise map; and (3) Those aspects of programs relating to the use of flight procedures for noise control can be implemented within the period covered by the program and without— (i) Reducing the level of aviation safety provided; (ii) Derogating the requisite level of protection for aircraft, their occupants and persons and property on the ground; (iii) Adversely affecting the efficient use and management of the Navigable Airspace and Air Traf… | |||
| 17:17:2.0.1.1.22.0.1.1 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.1 Definitions. | CFTC | [86 FR 3463, Jan. 14, 2021] | As used in this part— Bona fide hedging transaction or position means a transaction or position in commodity derivative contracts in a physical commodity, where: (1) Such transaction or position: (i) Represents a substitute for transactions made or to be made, or positions taken or to be taken, at a later time in a physical marketing channel; (ii) Is economically appropriate to the reduction of price risks in the conduct and management of a commercial enterprise; and (iii) Arises from the potential change in the value of— (A) Assets which a person owns, produces, manufactures, processes, or merchandises or anticipates owning, producing, manufacturing, processing, or merchandising; (B) Liabilities which a person owes or anticipates incurring; or (C) Services that a person provides or purchases, or anticipates providing or purchasing; or (2) Such transaction or position qualifies as a: (i) Pass-through swap and pass-through swap offset pair. Paired positions of a pass-through swap and a pass-through swap offset, where: (A) The pass-through swap is a swap position entered into by one person for which the swap would qualify as a bona fide hedging transaction or position pursuant to paragraph (1) of this definition (the bona fide hedging swap counterparty) that is opposite another person (the pass-through swap counterparty); (B) The pass-through swap offset: ( 1 ) Is a futures contract position, option on a futures contract position, or swap position entered into by the pass-through swap counterparty; and ( 2 ) Reduces the pass-through swap counterparty's price risks attendant to the pass-through swap; and (C) With respect to the pass-through swap offset, the pass-through swap counterparty receives from the bona fide hedging swap counterparty a written representation that the pass-through swap qualifies as a bona fide hedging transaction or position pursuant to paragraph (1) of this definition, and the pass-through swap counterparty may rely in good faith on such written representation, unless the pa… | |||||||
| 17:17:2.0.1.1.22.0.1.2 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.2 Federal speculative position limits. | CFTC | [86 FR 3465, Jan. 14, 2021] | (a) Spot month speculative position limits. For physical-delivery referenced contracts and, separately, for cash-settled referenced contracts, no person may hold or control positions in the spot month, net long or net short, in excess of the levels specified by the Commission. (b) Single month and all-months-combined speculative position limits. For any referenced contract, no person may hold or control positions in a single month or in all-months-combined (including the spot month), net long or net short, in excess of the levels specified by the Commission. (c) Relevant contract month. For purposes of this part, for referenced contracts other than core referenced futures contracts, the spot month and any single month shall be the same as those of the relevant core referenced futures contract. (d) Core referenced futures contracts. Federal speculative position limits apply to referenced contracts based on the following core referenced futures contracts: (e) Establishment of speculative position limit levels. The levels of Federal speculative position limits are fixed by the Commission at the levels listed in appendix E to this part. (f) Designated contract market estimates of deliverable supply. Each designated contract market listing a core referenced futures contract shall supply to the Commission an estimated spot month deliverable supply upon request by the Commission, and may supply such estimates to the Commission at any other time. Each estimate shall be accompanied by a description of the methodology used to derive the estimate and any statistical data supporting the estimate, and shall be submitted using the format and procedures approved in writing by the Commission. A designated contract market should use the guidance regarding deliverable supply in appendix C to part 38 of this chapter. (g) Pre-existing positions —(1) Pre-existing positions in a spot month. A spot month speculative position limit established under this section shall apply to pre-existing positions, other than pre-… | |||||||
| 17:17:2.0.1.1.22.0.1.3 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.3 Exemptions. | CFTC | [86 FR 3468, Jan. 14, 2021] | (a) Positions which may exceed limits. A person may exceed the speculative position limits set forth in § 150.2 to the extent that all applicable requirements in this part are met, provided that such person's transactions or positions each satisfy one of the following: (1) Bona fide hedging transactions or positions. Positions that comply with the bona fide hedging transaction or position definition in § 150.1, and are: (i) Enumerated in appendix A to this part; or (ii) Approved as non-enumerated bona fide hedging transactions or positions in accordance with paragraph (b)(4) of this section or § 150.9. (2) Spread transactions. Transactions that: (i) Meet the spread transaction definition in § 150.1; or (ii) Do not meet the spread transaction definition in § 150.1, but have been approved by the Commission pursuant to paragraph (b)(4) of this section. (3) Financial distress positions. Positions of a person, or a related person or persons, under financial distress circumstances, when exempted by the Commission from any of the requirements of this part in response to a specific request made pursuant to § 140.99(a)(1) of this chapter, where financial distress circumstances include, but are not limited to, situations involving the potential default or bankruptcy of a customer of the requesting person or persons, an affiliate of the requesting person or persons, or a potential acquisition target of the requesting person or persons. (4) Conditional spot month limit exemption positions in natural gas. Spot month positions in natural gas cash-settled referenced contracts that exceed the spot month speculative position limit set forth in § 150.2, provided that: (i) Such positions do not exceed the futures-equivalent of 10,000 NYMEX Henry Hub Natural Gas core referenced futures contracts per designated contract market that lists a cash-settled referenced contract in natural gas; (ii) Such positions do not exceed the futures-equivalent of 10,000 NYMEX Henry Hub Natural Gas core referenced futures contra… | |||||||
| 17:17:2.0.1.1.22.0.1.4 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.4 Aggregation of positions. | CFTC | [81 FR 91490, Dec. 16, 2016, as amended at 82 FR 28770, June 26, 2017; 89 FR 71819, Sept. 4, 2024] | (a) Positions to be aggregated —(1) Trading control or 10 percent or greater ownership or equity interest. For the purpose of applying the position limits set forth in § 150.2, unless an exemption set forth in paragraph (b) of this section applies, all positions in accounts for which any person, by power of attorney or otherwise, directly or indirectly controls trading or holds a 10 percent or greater ownership or equity interest must be aggregated with the positions held and trading done by such person. For the purpose of determining the positions in accounts for which any person controls trading or holds a 10 percent or greater ownership or equity interest, positions or ownership or equity interests held by, and trading done or controlled by, two or more persons acting pursuant to an expressed or implied agreement or understanding shall be treated the same as if the positions or ownership or equity interests were held by, or the trading were done or controlled by, a single person. (2) Substantially identical trading. Notwithstanding the provisions of paragraph (b) of this section, for the purpose of applying the position limits set forth in § 150.2, any person that, by power of attorney or otherwise, holds or controls the trading of positions in more than one account or pool with substantially identical trading strategies, must aggregate all such positions (determined pro rata) with all other positions held and trading done by such person and the positions in accounts which the person must aggregate pursuant to paragraph (a)(1) of this section. (b) Exemptions from aggregation. For the purpose of applying the position limits set forth in § 150.2, and notwithstanding the provisions of paragraph (a)(1) of this section, but subject to the provisions of paragraph (a)(2) of this section, the aggregation requirements of this section shall not apply in the circumstances set forth in this paragraph (b). (1) Exemption for ownership by limited partners, shareholders or other pool participants. Any person that … | |||||||
| 17:17:2.0.1.1.22.0.1.5 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.5 Exchange-set speculative position limits and exemptions therefrom. | CFTC | [86 FR 3470, Jan. 14, 2021] | (a) Requirements for exchange-set limits on commodity derivative contracts subject to Federal speculative position limits set forth in § 150.2 —(1) Exchange-set limits. For any commodity derivative contract that is subject to a Federal speculative position limit under § 150.2, a designated contract market or swap execution facility that is a trading facility shall set a speculative position limit no higher than the level specified in § 150.2. (2) Exemptions to exchange-set limits. A designated contract market or swap execution facility that is a trading facility may grant exemptions from any speculative position limits it sets under paragraph (a)(1) of this section in accordance with the following: (i) Exemption levels. An exemption that conforms to an exemption the Commission identified in: (A) Sections 150.3(a)(1)(i), (a)(2)(i), (a)(4) and (a)(5) may be granted at a level that exceeds the level of the applicable Federal limit in § 150.2; (B) Sections 150.3(a)(1)(ii) and (a)(2)(ii) may be granted at a level that exceeds the level of the applicable Federal limit in § 150.2, provided the exemption is first approved in accordance with § 150.3(b) or 150.9, as applicable; (C) Section 150.3(a)(3) may be granted at a level that exceeds the level of the applicable Federal limit in § 150.2, provided that, a division of the Commission has first approved such exemption pursuant to a request submitted under § 140.99(a)(1) of this chapter; and (D) An exemption of the type that does not conform to any of the exemptions identified in § 150.3(a) must be granted at a level that does not exceed the applicable Federal limit in § 150.2 and that complies with paragraph (a)(2)(ii)(G) of this section, unless the Commission has first approved such exemption pursuant to § 150.3(b) or pursuant to a request submitted under § 140.99(a)(1). (ii) Application for exemption from exchange-set limits. With respect to a designated contract market or swap execution facility that is a trading facility that elects to grant exempt… | |||||||
| 17:17:2.0.1.1.22.0.1.6 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.6 Scope. | CFTC | [86 FR 3472, Jan. 14, 2021] | This part shall only be construed as having an effect on speculative position limits set by the Commission or by a designated contract market or swap execution facility, including any associated recordkeeping and reporting regulations in this chapter. Nothing in this part shall be construed to relieve any designated contract market, swap execution facility, or its governing board from responsibility under section 5(d)(4) of the Act to prevent manipulation and corners. Further, nothing in this part shall be construed to affect any other provisions of the Act or Commission regulations, including, but not limited to, those relating to actual or attempted manipulation, corners, squeezes, fraudulent or deceptive conduct, or to prohibited transactions. | |||||||
| 17:17:2.0.1.1.22.0.1.7 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.7 [Reserved] | CFTC | |||||||||
| 17:17:2.0.1.1.22.0.1.8 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.8 Severability. | CFTC | [86 FR 3472, Jan. 14, 2021] | If any provision of this part, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the validity of other provisions or the application of such provision to other persons or circumstances that can be given effect without the invalid provision or application. | |||||||
| 17:17:2.0.1.1.22.0.1.9 | 17 | Commodity and Securities Exchanges | I | 150 | § 150.9 Process for recognizing non-enumerated bona fide hedging transactions or positions with respect to Federal speculative position limits. | CFTC | [86 FR 3472, Jan. 14, 2021] | For purposes of Federal speculative position limits, a person with a position in a referenced contract seeking recognition of such position as a non-enumerated bona fide hedging transaction or position, in accordance with § 150.3(a)(1)(ii), shall apply to the Commission, pursuant to § 150.3(b), or apply to a designated contract market or swap execution facility in accordance with this section. If such person submits an application to a designated contract market or swap execution facility in accordance with this section, and the designated contract market or swap execution facility, with respect to its own speculative position limits established pursuant to § 150.5(a), recognizes the person's position as a non-enumerated bona fide hedging transaction or position, then the person may also exceed the applicable Federal speculative position limit for such position in accordance with paragraph (e) of this section. The designated contract market or swap execution facility may approve such applications only if the designated contract market or swap execution facility complies with the conditions set forth in paragraphs (a) through (e) of this section. (a) Approval of rules. The designated contract market or swap execution facility must maintain rules that establish application processes and conditions for recognizing bona fide hedging transactions or positions consistent with the requirements of this section, and must seek approval of such rules from the Commission pursuant to § 40.5 of this chapter. (b) Prerequisites for a designated contract market or swap execution facility to recognize a bona fide hedging transaction or position in accordance with this section. (1) The designated contract market or swap execution facility lists the applicable referenced contract for trading; (2) The position meets the definition of bona fide hedging transaction or position in section 4a(c)(2) of the Act and the definition of bona fide hedging transaction or position in § 150.1; and (3) The designated contract market or swap… | |||||||
| 21:21:2.0.1.1.32.2.1.1 | 21 | Food and Drugs | I | B | 150 | PART 150—FRUIT BUTTERS, JELLIES, PRESERVES, AND RELATED PRODUCTS | B | Subpart B—Requirements for Specific Standardized Fruit Butters, Jellies, Preserves, and Related Products | § 150.110 Fruit butter. | FDA | [42 FR 14445, Mar. 15, 1977, as amended at 47 FR 11831, Mar. 19, 1982; 49 FR 10101, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) The fruit butters for which definitions and standards of identity are prescribed by this section are the smooth, semisolid foods each of which is made from a mixture of one or a permitted combination of the optional fruit ingredients specified in paragraph (b) of this section and one or any combination of the optional ingredients specified in paragraph (c) of this section, which meets the specifications in paragraph (d) of this section, and which is labeled in accordance with paragraph (e) of this section. Such mixture is concentrated with or without heat. The volatile flavoring materials or essence from such mixture may be captured during concentration, separately concentrated, and added back to any such mixture, together with any concentrated essence accompanying any optional fruit ingredient. (b)(1) Each of the optional fruit ingredients referred to in paragraph (a) of this section is prepared by cooking one of the following fresh, frozen, canned, and/or dried (evaporated) mature fruits, with or without added water, and screening out skins, seeds, pits, and cores: Factor Referred to in Paragraph (d)(2) of This Section (2) The permitted combinations are of two, three, four, and five of the fruit ingredients specified in paragraph (b)(1) of this section; the weight of each is not less than one-fifth of the weight of the combination. Each such fruit ingredient in any such combination is an optional ingredient. (c) The following safe and suitable optional ingredients may be used: (1) Nutritive carbohydrate sweeteners. (2) Spice. (3) Flavoring (other than artificial flavoring). (4) Salt. (5) Acidifying agents. (6) Fruit juice or diluted fruit juice or concentrated fruit juice, in a quantity not less than one-half the weight of the optional fruit ingredient. (7) Preservatives. (8) Antifoaming agents except those derived from animal fats. (9) Pectin, in a quantity which reasonably compensates for deficiency, if any, of the natural pectin content of the fruit ingredient. (d) For the purposes of this … | |||
| 21:21:2.0.1.1.32.2.1.2 | 21 | Food and Drugs | I | B | 150 | PART 150—FRUIT BUTTERS, JELLIES, PRESERVES, AND RELATED PRODUCTS | B | Subpart B—Requirements for Specific Standardized Fruit Butters, Jellies, Preserves, and Related Products | § 150.140 Fruit jelly. | FDA | [42 FR 14445, Mar. 15, 1977, as amended at 47 FR 11831, Mar. 19, 1982; 49 FR 10101, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) The jellies for which definitions and standards of identity are prescribed by this section are the jelled foods each of which is made from a mixture of one or a permitted combination of the fruit juice ingredients specified in paragraph (b) of this section and one or any combination of the optional ingredients specified in paragraph (c) of this section, which meets the specifications in paragraph (d) of this section and which is labeled in accordance with paragraph (e) of this section. Such mixture is concentrated with or without heat. The volatile flavoring materials or essence from such mixture may be captured during concentration, separately concentrated, and added back to any such mixture, together with any concentrated essence accompanying any optional fruit ingredient. (b)(1) Each of the fruit juice ingredients referred to in paragraph (a) of this section is the filtered or strained liquid extracted with or without the application of heat and with or without the addition of water, from one of the following mature, properly prepared fruits which are fresh, frozen and/or canned: Factor Referred to in Paragraph (d)(2) of This Section (2) The permitted combinations are of two, three, four, or five of the fruit juice ingredients specified in paragraph (b)(1) of this section, the weight of each is not less than one-fifth of the weight of the combination. Each such fruit juice ingredient in any such combination is an optional ingredient. (c) The following safe and suitable optional ingredients may be used: (1) Nutritive carbohydrate sweeteners. (2) Spice. (3) Acidifying agents. (4) Pectin, in a quantity which reasonably compensates for deficiency, if any, of the natural pectin content of the fruit juice ingredient. (5) Buffering agents. (6) Preservatives. (7) Antifoaming agents except those derived from animal fats. (8) Mint flavoring and artificial green coloring, in case the fruit juice ingredient or combination of fruit juice ingredients is extracted from apple, crabapple, pineapple, or two or a… | |||
| 21:21:2.0.1.1.32.2.1.3 | 21 | Food and Drugs | I | B | 150 | PART 150—FRUIT BUTTERS, JELLIES, PRESERVES, AND RELATED PRODUCTS | B | Subpart B—Requirements for Specific Standardized Fruit Butters, Jellies, Preserves, and Related Products | § 150.160 Fruit preserves and jams. | FDA | [42 FR 14445, Mar. 15, 1977, as amended at 47 FR 11831, Mar. 19, 1982; 49 FR 10101, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2882, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) The preserves or jams for which definitions and standards of identity are prescribed by this section are the viscous or semi-solid foods, each of which is made from a mixture composed of one or a permitted combination of the fruit ingredients specified in paragraph (b) of this section and one or any combination of the optional ingredients specified in paragraph (c) of this section which meets the specifications in paragraph (d) of this section, and which is labeled in accordance with paragraph (e) of this section. Such mixture, with or without added water, is concentrated with or without heat. The volatile flavoring material from such mixture may be captured during concentration, separately concentrated, and added back to any such mixture, together with any concentrated essence accompanying any optional fruit ingredient. (b)(1) The fruit ingredients referred to in paragraph (a) of this section are the following mature, properly prepared fruits which are fresh, concentrated, frozen and/or canned: Group I Blackberry (other than dewberry), Black raspberry, Blueberry, Boysenberry, Cherry, Crabapple, Dewberry (other than boysenberry, loganberry, and youngberry) Elderberry, Grape, Grapefruit, Huckleberry, Loganberry, Orange, Pineapple, Raspberry, red raspberry, Rhubarb, Strawberry, Tangerine, Tomato, Yellow tomato, Youngberry Blackberry (other than dewberry), Black raspberry, Blueberry, Boysenberry, Cherry, Crabapple, Dewberry (other than boysenberry, loganberry, and youngberry) Elderberry, Grape, Grapefruit, Huckleberry, Loganberry, Orange, Pineapple, Raspberry, red raspberry, Rhubarb, Strawberry, Tangerine, Tomato, Yellow tomato, Youngberry Group II Apricot, Cranberry, Damson, damson plum, Fig, Gooseberry, Greengage, greengage plum, Guava, Nectarine, Peach, Pear, Plum (other than greengage plum and damson plum), Quince, Red currant, currant (other than black currant) Apricot, Cranberry, Damson, damson plum, Fig, Gooseberry, Greengage, greengage plum, Guava, Nectarine, Peach, Pear, Plum (other than gree… | |||
| 33:33:2.0.1.4.18.1.120.1 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.1 What does this part do? | USCG | This part provides requirements for the operation of deepwater ports. | ||||
| 33:33:2.0.1.4.18.1.120.10 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.45 Emergency deviation from this subchapter or the operations manual. | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39181, July 1, 2013] | In an emergency, any person may deviate from any requirement in this subchapter, or any procedure in the operations manual, to ensure the safety of life, property, or the environment. Each deviation must be reported to the Sector Commander, or MSU Commander, with COTP and OCMI authority, at the earliest possible time. | |||
| 33:33:2.0.1.4.18.1.120.11 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.50 What are the requirements for a facility spill response plan? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39181, July 1, 2013] | (a) Each deepwater port which meets the applicability requirements of part 154 subpart F of this chapter must have a facility response plan that is approved by the Sector Commander, or MSU Commander, with COTP and OCMI authority. (b) Each natural gas deepwater port must have a natural gas facility emergency plan that meets part 127, subpart B of this chapter. (c) The response plan must be submitted to the Sector Commander, or MSU Commander, with COTP and OCMI authority, in writing, not less than 60 days before the deepwater port begins operation. | |||
| 33:33:2.0.1.4.18.1.120.2 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.5 Definitions. | USCG | See § 148.5 of this chapter for the definition of certain terms used in this part. | ||||
| 33:33:2.0.1.4.18.1.120.3 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.10 What are the general requirements for operations manuals? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39180, July 1, 2013] | (a) Each deepwater port must have an operations manual that addresses policies and procedures for normal and emergency operations conducted at the deepwater port. The operations manual must, at a minimum, include the requirements outlined in § 150.15 of this part. (b) The operations manual is reviewed and approved by the Commandant (CG-5P), who may consult with the local Sector Commander, or MSU Commander, with COTP and OCMI authority, as meeting the requirements of the Act and this subchapter. The original manual is approved as part of the application process in part 148 of this chapter. (c) The Sector Commander, or MSU Commander, with COTP and OCMI authority may approve subsequent changes to the operations manual, provided the Commandant (CG-5P) is notified and consulted regarding any significant modifications. (d) The manual must be readily available on the deepwater port for use by personnel. (e) The licensee must ensure that all personnel are trained and follow the procedures in the manual while at the deepwater port. | |||
| 33:33:2.0.1.4.18.1.120.4 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.15 What must the operations manual include? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39180, July 1, 2013] | The operations manual required by § 150.10 of this part must identify the deepwater port and include the information required in this section. (a) General information. A description of the geographic location of the deepwater port. (b) A physical description of the deepwater port. (c) Engineering and construction information, including all defined codes and standards used for the deepwater port structure and systems. The operator must include schematics of all applicable systems. Schematics must show the location of valves, gauges, system working pressure, relief settings, monitoring systems, and other pertinent information. (d) Communications system. A description of a comprehensive communications plan, including: (1) Dedicated frequencies; (2) Communication alerts and notices between the deepwater port and arriving and departing vessels; and (3) Mandatory time intervals or communication schedules for maintaining a live radio watch, and monitoring frequencies for communication with vessels and aircraft. (e) Facility plan. A layout plan for the mooring areas, navigation aids, cargo transfer locations, and control stations. (f) The hours of operation. (g) The size, type, number, and simultaneous operations of tankers that the deepwater port can handle. (h) Calculations, with supporting data or other documentation, to show that the charted water depth at each proposed mooring location is sufficient to provide at least a net under keel clearance of 5 feet, at the mean low water condition. (i) Tanker navigation procedures. The procedures for tanker navigation, including the information required in paragraphs (i)(1) through (i)(9) of this section. (1) The operating limits, maneuvering capability, draft, net under keel clearance, tonnage, length, and breadth of the tanker that will be accommodated at each designated mooring. (2) The speed limits proposed for tankers in the safety zone and area to be avoided around the deepwater port. (3) Any special navigation or communication equipment that may … | |||
| 33:33:2.0.1.4.18.1.120.5 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.20 How many copies of the operations manual must be given to the Coast Guard? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39181, July 1, 2013] | The draft operations manual must be included with the application, and the number of copies is governed by § 148.115 of this chapter. At least five copies of the final operations manual, and of any subsequent amendment, must be submitted to the Commandant (CG-5P). Additional copies may be required to meet the needs of other agencies. | |||
| 33:33:2.0.1.4.18.1.120.6 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.25 Amending the operations manual. | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39181, July 1, 2013] | (a) Whenever the cognizant Sector Commander, or MSU Commander, with COTP and OCMI authority finds that the operations manual does not meet the requirements of this part, the COTP notifies the licensee, in writing, of the inadequacies in the manual. (b) Within 45 days after the notice under paragraph (a) of this section is sent, the licensee must submit written proposed amendments to eliminate the inadequacies. (c) The cognizant Sector Commander, or MSU Commander, with COTP and OCMI authority reviews the amendments and makes a determination as to the adequacy of the amendments and notifies the licensee of the determination. (d) If the Sector Commander, or MSU Commander, with COTP and OCMI authority decides that an amendment is necessary, the amendment goes into effect 60 days after the Sector Commander, or MSU Commander, with COTP and OCMI authority notifies the licensee of the amendment. (e) The licensee may petition the Commandant (CG-5P), via the appropriate district office, to review the decision of the Sector Commander, or MSU Commander, with COTP and OCMI authority. In this case, the effective date of the amendment is delayed pending the Commandant's decision. Petitions must be made in writing and presented to the Sector Commander, or MSU Commander, with COTP and OCMI authority to forward to the Commandant (CG-5P). (f) If the Sector Commander, or MSU Commander, with COTP and OCMI authority finds that a particular situation requires immediate action to prevent a spill or discharge, or to protect the safety of life and property, the he or she may issue an amendment effective on the date that the licensee receives it. The Sector Commander, or MSU Commander, with COTP and OCMI authority must include a brief statement of the reasons for the immediate amendment. The licensee may petition the District Commander for review, but the petition does not delay the effective date of the amendment. | |||
| 33:33:2.0.1.4.18.1.120.7 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.30 Proposing an amendment to the operations manual. | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39181, July 1, 2013] | (a) The licensee may propose an amendment to the operations manual: (1) By submitting to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority, in writing, the amendment and reasons for the amendments not less than 30 days before the requested effective date of the amendment; or (2) If the amendment is needed immediately, by submitting the amendment, and reasons why the amendment is needed immediately, to the Sector Commander, or MSU Commander, with COTP and OCMI authority in writing. (b) The Sector Commander, or MSU Commander, with COTP and OCMI authority must respond to a proposed amendment by notifying the licensee, in writing, before the requested date of the amendment whether the request is approved. If the request is disapproved, the Sector Commander, or MSU Commander, with COTP and OCMI authority must include the reasons for disapproval in the notice. If the request is for an immediate amendment, the Sector Commander, or MSU Commander, with COTP and OCMI authority must respond as soon as possible. | |||
| 33:33:2.0.1.4.18.1.120.8 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.35 How may an Adjacent Coastal State request an amendment to the deepwater port operations manual? | USCG | [USCG-2013-0397, 78 FR 39181, July 1, 2013] | (a) An Adjacent Coastal State connected by pipeline to the deepwater port may petition the cognizant Sector Commander, or MSU Commander, with COTP and OCMI authority to amend the operations manual. The petition must include sufficient information to allow the Sector Commander, or MSU Commander, with COTP and OCMI authority to reach a decision concerning the proposed amendment. (b) After the Sector Commander, or MSU Commander, with COTP and OCMI authority receives a petition, the Sector Commander, or MSU Commander, with COTP and OCMI authority requests comments from the licensee. (c) After reviewing the petition and comments, and considering the costs and benefits involved, the Sector Commander, or MSU Commander, with COTP and OCMI authority may approve the petition if the proposed amendment will provide equivalent or improved protection and safety. The Adjacent Coastal State may petition the Commandant (CG-5P) to review the decision. Petitions must be made in writing and presented to the Sector Commander, or MSU Commander, with COTP and OCMI authority for forwarding to the Commandant (CG-5P) via the District Commander. | |||
| 33:33:2.0.1.4.18.1.120.9 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | A | Subpart A—General | § 150.40 Deviating from the operations manual. | USCG | If, because of a particular situation, the licensee needs to deviate from the operations manual, the licensee must submit a written request to the Captain of the Port (COTP) explaining why the deviation is necessary and what alternative is proposed. If the COTP determines that the deviation would ensure equivalent or greater protection and safety, the COTP authorizes the deviation and notifies the licensee in writing. | ||||
| 33:33:2.0.1.4.18.10.151.1 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.900 What does this subpart do? | USCG | (a) This subpart provides requirements for the establishment, restrictions, and location of safety zones, no anchoring areas (NAAs), and areas to be avoided (ATBAs) around deepwater ports. (b) Subpart D of this part, concerning vessel navigation and activities permitted and prohibited at deepwater ports, applies to safety zones, NAAs, ATBAs, and their adjacent waters; and supplements the International Regulations for Preventing Collisions at Sea. (c) Recommended shipping safety fairways associated with deepwater ports are described in part 166 of this chapter. | ||||
| 33:33:2.0.1.4.18.10.151.2 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.905 Why are safety zones, no anchoring areas, and areas to be avoided established? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39183, July 1, 2013] | (a) Safety zones, no anchoring areas (NAAs) and areas to be avoided (ATBAs) under this subchapter are established to promote safety of life and property, marine environmental protection, and navigational safety at deepwater ports and adjacent waters. (b) Safety zones are the only federally regulated navigation areas. They accomplish these objectives by preventing or controlling specific activities, limiting access by vessels or persons, and by protecting the living resources of the sea from harmful agents. (c) The NAAs and ATBAs are established via the International Maritime Organization (IMO). An NAA, specifically established to protect vessels in transit and sub-surface deepwater port components, will be mandatory. An ATBA will be a recommendatory routing measure. (d) The sizes of restricted areas will be the minimum size needed to ensure safety, while at the same time considering potential impacts on other activities, including recreational boating, fishing, and Outer Continental Shelf activity. | |||
| 33:33:2.0.1.4.18.10.151.3 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.910 What installations, structures, or activities are prohibited in a safety zone? | USCG | No installations, structures, or activities that are incompatible with or that present an unacceptable risk to safety of the deepwater port's operations or activity are allowed in the safety zone of a deepwater port. | ||||
| 33:33:2.0.1.4.18.10.151.4 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.915 How are safety zones, no anchoring areas, and areas to be avoided established and modified? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39183, July 1, 2013] | (a) Safety zones are developed and designated during the application process for a deepwater port license, and may be established or modified through rulemaking. Rulemakings will afford prior public notice and comment, except when there is good cause not to do so, for example due to an imminent threat to the safety of life and property. (b) Before a safety zone, no anchoring area (NAA), or area to be avoided (ATBA) is established, all factors detrimental to safety are considered, including but not limited to: (1) The scope and degree of the risk or hazard involved; (2) Vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors; (3) Port and waterway configurations and variations in local conditions of geography, climate and other similar factors; (4) The need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels; (5) The proximity of fishing grounds, oil and gas drilling and production operations, or other potential or actual conflicting activity; (6) Environmental factors; (7) Economic impact and effects; (8) Existing vessel traffic services; and (9) Local practices and customs, including voluntary arrangements and agreements within the maritime community. (c) The Executive Branch, acting through the Secretary of State and Commandant (CG-5P) proposes NAAs and ATBAs for deepwater ports to the International Maritime Organization (IMO) for approval. The ATBAs will be implemented after IMO approval is granted and announced in an IMO Circular, and after publication of a notice in the Federal Register. | |||
| 33:33:2.0.1.4.18.10.151.5 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.920 How can I find notice of new or proposed safety zones? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39183, July 1, 2013] | In addition to documents published in the Federal Register under § 150.915 of this part, the District Commander may provide public notice of new or proposed safety zones by Broadcast Notices to Mariners, Notices to Mariners, Local Notices to Mariners, newspapers, broadcast stations, or other means. | |||
| 33:33:2.0.1.4.18.10.151.6 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.925 How long may a safety zone, no anchoring area, or area to be avoided remain in place? | USCG | A safety zone, no anchoring area, or area to be avoided may go into effect as early as initial delivery of construction equipment and materials to the deepwater port site, and may remain in place until the deepwater port is removed. | ||||
| 33:33:2.0.1.4.18.10.151.7 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.930 What datum is used for the geographic coordinates in this subpart? | USCG | [USCG-2007-27887, 72 FR 45903, Aug. 16, 2007] | The geographic coordinates used in this subpart have been revised to enable plotting using the North American Datum of 1983 (NAD 83) and no longer require the use of any further conversion factors for correction. | |||
| 33:33:2.0.1.4.18.10.151.8 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | J | Subpart J—Safety Zones, No Anchoring Areas, and Areas To Be Avoided | § 150.940 Safety zones for specific deepwater ports. | USCG | [USCG-2007-27887, 72 FR 45903, Aug. 16, 2007, as amended by USCG-2007-0087, 73 FR 34194, June 17, 2008; USCG-2009-0589, 75 FR 51376, Aug. 20, 2010; USCG-2013-0397, 78 FR 39183, July 1, 2013; USCG-2015-0433, 80 FR 44281, July 27, 2015] | (a) Louisiana Offshore Oil Port (LOOP). (1) The location of the safety zone for LOOP is as described in Table 150.940(A) of this section: Table 150.940(A)—Safety Zone for LOOP, Gulf of America (2) The areas to be avoided within the safety zone are: (i) The area encompassed within a circle having a 600 meter radius around the deepwater port's pumping platform complex and centered at 28°53′07″ N, 90°01′30″ W. (ii) The six areas encompassed within a circle having a 500 meter radius around each single point mooring (SPM) deepwater at the port and centered at: (3) The anchorage area within the safety zone is an area enclosed by the rhumb lines joining points at: (b) Northeast Gateway Deepwater Port (NEGDWP) —(1) Location. The safety zones for the NEGDWP consist of circular zones, each with a 500-meter radius and centered on each of the deepwater port's two submerged turret loading (STL) buoys. STL Buoy “A” is centered at the following coordinates: 42°23′38″ N, 070°35′31″ W. STL Buoy “B” is centered at the following coordinates: 42°23′56″ N, 070°37′00″ W. Each safety zone is located approximately 13 miles south-southeast of the City of Gloucester, Massachusetts, in Federal waters. (2) No anchoring areas. Two mandatory no anchoring areas for NEGDWP are established for all waters within circles of 1,000-meter radii centered on the submerged turret loading buoy positions set forth in paragraph (b)(1) of this section. (3) Area to be avoided. An area to be avoided (ATBA) for NEGDWP is as described in Table 150.940(B): Table 150.940(B)—ATBA for NEGDWP (4) Regulations. (i) In accordance with the general regulations set forth in 33 CFR 165.23 and elsewhere in this part, no person or vessel may enter the waters within the boundaries of the safety zones described in paragraph (b)(1) of this section unless previously authorized by the Captain of the Port (COTP) Boston, or his/her authorized representative. (ii) Notwithstanding paragraph (b)(4)(i) of this section, tankers and support vessels, as defined in 33… | |||
| 33:33:2.0.1.4.18.2.120.1 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | B | Subpart B—Inspections | § 150.100 What are the requirements for inspecting deepwater ports? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | Under the direction of the Sector Commander, or to the MSU Commander, with COTP and OCMI authority, marine inspectors may inspect deepwater ports to determine whether the requirements of this subchapter are met. A marine inspector may conduct an inspection, with or without advance notice, at any time the Sector Commander or MSU Commander deems necessary. | |||
| 33:33:2.0.1.4.18.2.120.2 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | B | Subpart B—Inspections | § 150.105 What are the requirements for annual self-inspection? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | (a) The owner or operator of each manned deepwater port must ensure that the deepwater port is regularly inspected to determine whether the facility is in compliance with the requirements of this subchapter. The inspection must be at intervals of no more than 12 months. The inspection may be conducted up to 2 months after its due date, but will be valid for only the 12 months following that due date. (b) The owner or operator must record and submit the results of the annual self-inspection to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority within 30 days of completing the inspection. The report must include a description of any failure, and the scope of repairs made to components or equipment, in accordance with the requirements in subpart I of this part, other than primary lifesaving, firefighting, or transfer equipment, which are inspected and repaired in accordance with subpart F. (c) Prior to the initiation of a self-inspection plan, and before commencement of operations, the owner or operator must submit a proposal describing the self-inspection plan to the Sector Commander, or MSU Commander, with COTP and OCMI authority for acceptance. The plan must address all applicable requirements outlined in parts 149 and 150 of this subchapter. | |||
| 33:33:2.0.1.4.18.2.120.3 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | B | Subpart B—Inspections | § 150.110 What are the notification requirements upon receipt of classification society certifications? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | The licensee must notify the Sector Commander, or MSU Commander, with COTP and OCMI duties, in writing, upon receipt of a classification society certification, interim class certificate, or single point mooring classification certificate. | |||
| 33:33:2.0.1.4.18.3.120.1 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | C | Subpart C—Personnel | § 150.200 Who must ensure that deepwater port personnel are qualified? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | The licensee must ensure that the individual filling a position meets the qualifications for that position as outlined in the operations manual. | |||
| 33:33:2.0.1.4.18.3.120.2 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | C | Subpart C—Personnel | § 150.205 What are the language requirements for deepwater port personnel? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | Only persons who read, write, and speak English may occupy the essential management positions outlined in the operations manual. | |||
| 33:33:2.0.1.4.18.3.120.3 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | C | Subpart C—Personnel | § 150.210 What are the restrictions on serving in more than one position? | USCG | No person may serve in more than one of the essential management positions outlined in the operations manual at any one time. | ||||
| 33:33:2.0.1.4.18.3.120.4 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | C | Subpart C—Personnel | § 150.225 What training and instruction are required? | USCG | Personnel must receive training and instruction commensurate with the position they hold. Procedures for documenting employee training must be outlined in the operations manual. | ||||
| 33:33:2.0.1.4.18.4.120.1 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.300 What does this subpart do? | USCG | This subpart supplements the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) described in subchapter D of this chapter, and prescribes requirements that: (a) Apply to the navigation of all vessels at or near a deepwater port; and (b) Apply to all vessels while in a safety zone, area to be avoided, or no anchoring area. | ||||
| 33:33:2.0.1.4.18.4.120.10 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.355 How are other vessels cleared to move within the safety zone? | USCG | (a) Clearance by a manned deepwater port's person in charge of vessel operations is required before a vessel, other than a tanker or support vessel, enters the safety zone. (b) The port's person in charge of vessel operations may clear a vessel under paragraph (a) of this section only if its entry into the safety zone would not: (1) Interfere with the purpose of the deepwater port; (2) Endanger the safety of life, property, or environment; or (3) Be prohibited by regulation. (c) At an unmanned deepwater port, such as a submerged turret landing (STL) system, paragraphs (a) and (b) of this section apply once a tanker connects to the STL buoy. | ||||
| 33:33:2.0.1.4.18.4.120.11 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.380 Under what circumstances may vessels operate within the safety zone or area to be avoided? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | (a) Table 150.380(a) of this section lists both the areas within a safety zone where a vessel may operate and the clearance needed for that location. Table 150.380( a )—Regulated Activities of Vessels at Deepwater Ports 1 Areas to be avoided are in subpart J of this part. 2 Not part of Port Installation. Key to regulated activities for Table 150.380(a): C—Movement of the vessel is permitted when cleared by the person in charge of vessel operations. D—Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the person in charge of vessel operations. F—Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger to the ship or persons on board. N—Not permitted. P—Transit is permitted when the vessel is not in the immediate area of a tanker, and when cleared by the vessel traffic supervisor. R—Permitted only if determined that operation does not create unacceptable risk to personnel safety and security and operation. For transiting foreign-flag vessels, the requirement for clearance to enter the area to be avoided and no anchoring area is advisory in nature, but mandatory for an anchorage area established within 12 nautical miles. (b) If the activity is not listed in table 150.380(a) of this section, or otherwise provided for in this subpart, the Sector Commander's, or MSU Commander's, with COTP and OCMI authority permission is required before operating in the safety zone or regulated navigation area. | |||
| 33:33:2.0.1.4.18.4.120.12 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.385 What is required in an emergency? | USCG | In an emergency, for the protection of life or property, a vessel may deviate from a vessel movement requirement in this subpart without clearance from a manned deepwater port's person in charge of vessel operations if the master advises the port person in charge of the reasons for the deviation at the earliest possible moment. | ||||
| 33:33:2.0.1.4.18.4.120.2 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.305 How does this subpart apply to unmanned deepwater ports? | USCG | [USCG-2013-0397, 78 FR 39182, July 1, 2013] | The master of any tanker calling at an unmanned deepwater port is responsible for the safe navigation of the vessel to and from the deepwater port, and for the required notifications in § 150.325 of this part. Once the tanker is connected to the unmanned deepwater port, the master must maintain radar surveillance in compliance with the requirements of § 150.310 of this part. | |||
| 33:33:2.0.1.4.18.4.120.3 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.310 When is radar surveillance required? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | A manned deepwater port's person in charge of vessel operations must maintain radar surveillance of the safety zone or area to be avoided when: (a) A tanker is proceeding to the safety zone after submitting the report required in § 150.325 in this part; (b) A tanker or support vessel is underway in the safety zone or area to be avoided; (c) A vessel other than a tanker or support vessel is about to enter or is underway in the safety zone or area to be avoided; or (d) As described in the deepwater port security plan. | |||
| 33:33:2.0.1.4.18.4.120.4 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.320 What advisories are given to tankers? | USCG | A manned deepwater port's person in charge of vessel operations must advise the master of each tanker underway in the safety zone or area to be avoided of the following: (a) At intervals not exceeding 10 minutes, the vessel's position by range and bearing from the pumping platform complex; and (b) The position and the estimated course and speed, if moving, of all other vessels that may interfere with the movement of the tanker within the safety zone or area to be avoided. | ||||
| 33:33:2.0.1.4.18.4.120.5 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.325 What is the first notice required before a tanker enters the safety zone or area to be avoided? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | (a) The owner, master, agent, or person in charge of a tanker bound for a manned deepwater port must comply with the notice of arrival requirements in subpart C of part 160 of this chapter. (b) The owner, master, agent, or person in charge of a tanker bound for a manned deepwater port must report the pertinent information required in § 150.15(i)(4)(vi) of this part for the vessel, including: (1) The name, gross tonnage, and draft of the tanker; (2) The type and amount of cargo in the tanker; (3) The location of the tanker at the time of the report; (4) Any conditions on the tanker that may impair its navigation, such as fire, or malfunctioning propulsion, steering, navigational, or radiotelephone equipment. The testing requirements in § 164.25 of this chapter are applicable to vessels arriving at a deepwater port; (5) Any leaks, structural damage, or machinery malfunctions that may impair cargo transfer operations or cause a product discharge; and (6) The operational condition of the equipment listed under § 164.35 of this chapter on the tanker. (c) If the estimated time of arrival changes by more than 6 hours from the last reported time, the National Vessel Movement Center (NVMC) and the port's person in charge of vessel operations must be notified of the correction as soon as the change is known. (d) If the information reported in paragraphs (b)(4) or (b)(5) of this section changes at any time before the tanker enters the safety zone or area to be avoided at the deepwater port, or while the tanker is in the safety zone or area to be avoided, the master of the tanker must report the changes to the NVMC and port's person in charge of vessel operations as soon as possible. | |||
| 33:33:2.0.1.4.18.4.120.6 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.330 What is the second notice required before a tanker enters the safety zone or area to be avoided? | USCG | When a tanker bound for a manned deepwater port is 20 miles from entering the port's safety zone or area to be avoided, the master of the tanker must notify the port's person in charge of vessel operations of the tanker's name and location. | ||||
| 33:33:2.0.1.4.18.4.120.7 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.340 What are the rules of navigation for tankers in the safety zone or area to be avoided? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | (a) A tanker must enter or depart the port's safety zone or area to be avoided in accordance with the navigation procedures in the port's approved operations manual as described in § 150.15(i) of this part. (b) A tanker must not anchor in the safety zone or area to be avoided, except in a designated anchorage area. (c) A tanker may not enter a safety zone or area to be avoided in which another tanker is present, unless it has been cleared by the person in charge of the port and no other tankers are underway. (d) A tanker must not operate, anchor, or moor in any area of the safety zone or area to be avoided in which the net under keel clearance would be less than 5 feet. | |||
| 33:33:2.0.1.4.18.4.120.8 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.345 How are support vessels cleared to move within the safety zone or area to be avoided? | USCG | All movements of support vessels within a manned deepwater port's safety zone or area to be avoided must be cleared in advance by the port's person in charge of vessel operations. | ||||
| 33:33:2.0.1.4.18.4.120.9 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | D | Subpart D—Vessel Navigation | § 150.350 What are the rules of navigation for support vessels in the safety zone or area to be avoided? | USCG | A support vessel must not anchor in the safety zone or area to be avoided, except: (a) In an anchorage area; or (b) For vessel maintenance, which, in the case of a manned deepwater port, must be cleared by the port's person in charge of vessel operations. | ||||
| 33:33:2.0.1.4.18.5.120.1 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.400 What does this subpart do? | USCG | This subpart prescribes rules that apply to the transfer of oil or natural gas at a deepwater port. | ||||
| 33:33:2.0.1.4.18.5.120.2 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.405 How must a cargo transfer system be tested and inspected? | USCG | (a) No person may transfer oil or natural gas through a cargo transfer system (CTS) at a deepwater port unless it has been inspected and tested according to this section. (b) The single point mooring (SPM)-CTS must be maintained as required by the design standards used to comply with § 149.650 of this chapter. (c) If the manufacturer's maximum pressure rating for any cargo transfer hose in a SPM-CTS has been exceeded, unless it was exceeded for testing required by this section, the hose must be: (1) Removed; (2) Hydrostatically tested to 1.5 times its maximum working pressure for oil, or 1.1 times its maximum working pressure for natural gas; and (3) Visually examined externally and internally for evidence of: (i) Leakage; (ii) Loose covers; (iii) Kinks; (iv) Bulges; (v) Soft spots; and (vi) Gouges, cuts, or slashes that penetrate the hose reinforcement. (d) Each submarine hose used in cargo transfer operations in an SPM-CTS must have been removed from its coupling, surfaced, and examined as described in paragraphs (c)(2) and (c)(3) of this section, within the preceding 2 years for oil, or 15 months for natural gas; and (e) Before resuming cargo transfer operations, each submarine hose in an SPM-CTS must be visually examined in place as described in paragraph (c)(3) of this section after cargo transfer operations are shut down due to sea conditions at the deepwater port. | ||||
| 33:33:2.0.1.4.18.5.120.3 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.420 What actions must be taken when cargo transfer equipment is defective? | USCG | When any piece of equipment involved in oil or natural gas transfer equipment is defective: (a) The piece of equipment must be replaced or repaired before making any further cargo transfers; and (b) The repaired or replaced piece must meet or exceed its original specifications. Repairs must be conducted in accordance with the port's maintenance program outlined in the operations manual, and that program must provide for the repair of natural gas transfer hoses in accordance with § 127.405 of this chapter. | ||||
| 33:33:2.0.1.4.18.5.120.4 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.425 What are the requirements for transferring cargo? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | Cargo transfer procedures must be outlined in the deepwater port operations manual and must provide: (a) Oil transfer procedures that accord with § 156.120 of this chapter; and (b) Natural gas transfer procedures that accord with §§ 127.315, 127.317 and 127.319 of this chapter. | |||
| 33:33:2.0.1.4.18.5.120.5 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.430 What are the requirements for a declaration of inspection? | USCG | (a) No person may transfer cargo from a tanker to a manned deepwater port unless a declaration of inspection complying with § 156.150(c) for oil, or § 127.317 for natural gas, of this chapter has been filled out and signed by the vessel's officer in charge of cargo transfer and the person in charge (PIC) of cargo transfer for the deepwater port. (b) Before signing a declaration of inspection, the vessel's officer in charge of cargo transfer must inspect the tanker, and the PIC of cargo transfer for the deepwater port must inspect the deepwater port. They must indicate, by initialing each item on the declaration of inspection form, that the tanker and deepwater port comply with § 156.150 for oil, or § 127.317 for natural gas, of this chapter. | ||||
| 33:33:2.0.1.4.18.5.120.6 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.435 When are cargo transfers not allowed? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | No person may transfer cargo at a deepwater port: (a) When the person in charge (PIC) of cargo transfer is not on duty at the deepwater port; (b) During an electrical storm in the deepwater port's vicinity; (c) During a fire at the port, at the onshore receiving terminal, or aboard a vessel berthed at the port, unless the PIC of cargo transfer determines that a cargo transfer should be resumed as a safety measure; (d) When a leak develops so that a sufficient quantity of product accumulates in the cargo containment underneath the manifold or piping; (e) When there are not enough personnel nor equipment at the port dedicated to containand remove the discharge or perform the emergency response functions as required in the port's response plan under part 154 for oil, or emergency plan under part 127 for natural gas, of this chapter; (f) Whenever the emergency shutdown system should have activated but failed to; (g) By lighterage, except in bunkering operations, unless otherwise authorized by the Sector Commander, or MSU Commander, with COTP and OCMI authority ; (h) When the weather at the port does not meet the minimum operating conditions for cargo transfers as defined in the port's operations manual; or (i) When prescribed by the deepwater port security plan under heightened security conditions at the deepwater port or its adjacent areas, or on vessels calling on or serving the deepwater port. | |||
| 33:33:2.0.1.4.18.5.120.7 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.440 How may the Sector Commander, or MSU Commander, with COTP and OCMI authority order suspension of cargo transfers? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | (a) In case of emergency, the Sector Commander, or MSU Commander, with COTP and OCMI authority may order the suspension of cargo transfers at a deepwater port to prevent the discharge, or threat of discharge, of oil or natural gas, or to protect the safety of life and property. (b) An order of suspension may be made effective immediately. (c) The order of suspension must state the reasons for the suspension. (d) The licensee may petition the District Commander to reconsider the order of suspension. The petition must be in writing, unless the order of suspension takes effect immediately, in which case the petition may be made by any means, but the petition does not delay the effective date of the suspension. The decision of the District Commander is considered a final agency action. | |||
| 33:33:2.0.1.4.18.5.120.8 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | E | Subpart E—Cargo Transfer Operations | § 150.445 When is oil in a single point mooring-oil transfer system (SPM-OTS) displaced with water? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | (a) The oil in an SPM-OTS must be displaced with water, and the valve at the pipeline end manifold must be closed whenever: (1) A storm warning forecasts weather conditions that will exceed the design operating criteria listed in the operations manual for the SPM-OTS; (2) A vessel is about to depart the SPM because of storm conditions; or (3) The SPM is not scheduled for use in an oil transfer operation within the next 7 days. (b) The requirement in paragraph (a) of this section is waived if port officials can demonstrate to the Sector Commander, or MSU Commander, with COTP and OCMI authority that a satisfactory alternative means of safely securing all cargo transfer hoses can be implemented in the event of severe weather conditions. | |||
| 33:33:2.0.1.4.18.6.120.1 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.500 What does this subpart do? | USCG | This subpart concerns requirements for maintenance, repair, and operational testing of emergency and specialty equipment at a deepwater port. | ||||
| 33:33:2.0.1.4.18.6.120.2 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.501 How must emergency equipment be maintained and repaired? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | All lifesaving, firefighting, and other emergency equipment at a deepwater port, including additional equipment not required to be on board the deepwater port, must be maintained in good working order and repaired according to the deepwater port's planned maintenance program and the requirements outlined in this subpart. | |||
| 33:33:2.0.1.4.18.6.121.3 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.502 What are the maintenance and repair requirements for lifesaving equipment? | USCG | [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39182, July 1, 2013] | (a) Each deepwater port must have on board, or in the operator's principal office in the case of an unmanned port, the manufacturer's instructions for performing onboard maintenance and repair of the port's lifesaving equipment. The instructions must include the following for each item of equipment, as applicable: (1) Instructions for maintenance and repair; (2) A checklist for use when carrying out the monthly inspections required under § 150.513 of this part; (3) A schedule of periodic maintenance; (4) A diagram of lubrication points with the recommended lubricants; (5) A list of replaceable parts; (6) A list of spare parts sources; and (7) A log for records of inspections and maintenance. (b) In lieu of the manufacturer's instructions required under paragraph (a) of this section, the deepwater port may have its own onboard planned maintenance program for maintenance and repair that is equivalent to the procedures recommended by the equipment manufacturer. (c) The deepwater port must designate a person in charge of ensuring that maintenance and repair is carried out in accordance with the instructions required in paragraph (a) of this section. (d) If deficiencies in the maintenance or condition of lifesaving equipment are identified, the Sector Commander, or MSU Commander, with COTP and OCMI authority may review the instructions under paragraph (a) of this section and require appropriate changes to the instructions or operations to provide for adequate maintenance and readiness of the equipment. (e) When lifeboats, rescue boats, and liferafts are not fully operational because of ongoing maintenance or repairs, there must be a sufficient number of fully operational lifeboats and liferafts available for use to accommodate all persons on the deepwater port. (f) Except in an emergency, repairs or alterations affecting the performance of lifesaving equipment must not be made without notifying the Sector Commander, or MSU Commander, with COTP and OCMI authority in advance. The person in charge must report… | |||
| 33:33:2.0.1.4.18.6.122.4 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.503 What are the time interval requirements for maintenance on survival craft falls? | USCG | (a) Each fall used in a launching device for survival craft or rescue boats must be turned end-for-end at intervals of not more than 30 months. (b) Each fall must be replaced by a new fall when deteriorated, or at intervals of not more than 5 years, whichever is earlier. (c) A fall that cannot be turned end-for-end under paragraph (a) of this section must be carefully inspected between 24 and 30 months after its installation. If the inspection shows that the fall is faultless, the fall may be continued in service up to 4 years after its installation. It must be replaced by a new fall 4 years after installation. | ||||
| 33:33:2.0.1.4.18.6.122.5 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.504 When must the operator service and examine lifeboat and rescue boat launching appliances? | USCG | (a) The operator must service launching appliances for lifeboats and rescue boats at intervals recommended in the manufacturer's instructions under § 150.502(a), or according to the deepwater port's planned maintenance program under § 150.502(b). (b) The operator must thoroughly examine launching appliances for lifeboats and rescue boats at intervals of not more than 5 years. Upon completion of the examination, the operator must subject the winch brakes of the launching appliance to a dynamic test. | ||||
| 33:33:2.0.1.4.18.6.122.6 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.505 When must the operator service and examine lifeboat and rescue boat release gear? | USCG | (a) The operator must service lifeboat and rescue boat release gear at intervals recommended in the manufacturer's instructions under § 150.502(a), or according to the deepwater port's planned maintenance program under § 150.502(b). (b) The operator must subject lifeboat and rescue boat release gear to a thorough examination at each annual self-certification inspection by personnel trained in examining the gear. | ||||
| 33:33:2.0.1.4.18.6.123.7 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.506 When must the operator service inflatable lifesaving appliances and marine evacuation systems? | USCG | (a) The operator must service each inflatable lifejacket, hybrid inflatable lifejacket, and marine evacuation system at 1-year intervals after its initial packing. The operator may delay the servicing for up to 5 months to meet the next scheduled inspection of the deepwater port. (b) The operator must service each inflatable liferaft no later than the month and year on its servicing sticker under 46 CFR 160.151-57(m)(3)(ii), except that the operator may delay servicing by up to 5 months to meet the next scheduled inspection of the deepwater port. The operator must also service each inflatable liferaft: (1) Whenever the container of the raft is damaged; or (2) Whenever the container straps or seals are broken. | ||||
| 33:33:2.0.1.4.18.6.123.8 | 33 | Navigation and Navigable Waters | I | NN | 150 | PART 150—DEEPWATER PORTS: OPERATIONS | F | Subpart F—Emergency and Specialty Equipment | § 150.507 How must the operator service inflatable lifesaving appliances? | USCG | (a) The operator must service each inflatable liferaft according to 46 CFR subpart 160.151. (b) The operator must service each inflatable lifejacket according to 46 CFR subpart 160.176. (c) The operator must service each hybrid inflatable lifejacket according to the owner's manual and the procedures in 46 CFR subpart 160.077. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);