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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:3.0.1.3.29.1.3.1 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.1 Applicability. | FAA | [Docket FAA-2000-7402, 65 FR 34540, May 30, 2000] | This part applies to passenger facility charges (PFC's) as may be approved by the Administrator of the Federal Aviation Administration (FAA) and imposed by a public agency that controls a commercial service airport. This part also describes the procedures for reducing funds to a large or medium hub airport that imposes a PFC. | |||
| 14:14:3.0.1.3.29.1.3.10 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.18 Use of PFC revenue to pay for debt service for non-eligible projects. | FAA | [Docket FAA-2006-23730, 72 FR 28848, May 23, 2007] | (a) The FAA may authorize a public agency to impose a PFC to make payments for debt service on indebtedness incurred to carry out at the airport a project that is not eligible if the FAA determines it is necessary because of the financial need of the airport. The FAA defines financial need in § 158.3. (b) A public agency may request authority to impose a PFC and use PFC revenue under this section using the PFC application procedures in § 158.25. The public agency must document its financial position and explain its financial recovery plan that uses all available resources. (c) The FAA reviews the application using the procedures in § 158.27. The FAA will issue its decision on the public agency's request under § 158.29. | |||
| 14:14:3.0.1.3.29.1.3.11 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.19 Requirement for competition plans. | FAA | [Docket FAA-2000-7402, 65 FR 34541, May 30, 2000] | (a) Beginning in fiscal year 2001, no public agency may impose a PFC with respect to a covered airport unless the public agency has submitted a written competition plan. This requirement does not apply to PFC authority approved prior to April 5, 2000. (b) The Administrator will review any plan submitted under paragraph (a) of this section to ensure that it meets the requirements of 49 U.S.C. 47106(f) and periodically will review its implementation to ensure that each covered airport successfully implements its plan. | |||
| 14:14:3.0.1.3.29.1.3.2 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.3 Definitions. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34540, May 30, 2000; Amdt. 158-3, 70 FR 14934, Mar. 23, 2005; Amdt. 158-4, 72 FR 28847, May 23, 2007] | The following definitions apply in this part: Airport means any area of land or water, including any heliport, that is used or intended to be used for the landing and takeoff of aircraft, and any appurtenant areas that are used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airport capital plan means a capital improvement program that lists airport-related planning, development or noise compatibility projects expected to be accomplished with anticipated available funds. Airport layout plan (ALP) means a plan showing the existing and proposed airport facilities and boundaries in a form prescribed by the Administrator. Airport revenue means revenue generated by a public airport (1) through any lease, rent, fee, PFC or other charge collected, directly or indirectly, in connection with any aeronautical activity conducted on an airport that it controls; or (2) In connection with any activity conducted on airport land acquired with Federal financial assistance, or with PFC revenue under this part, or conveyed to such public agency under the provisions of any Federal surplus property program or any provision enacted to authorize the conveyance of Federal property to a public agency for airport purposes. Air travel ticket includes all documents, electronic records, boarding passes, and any other ticketing medium about a passenger's itinerary necessary to transport a passenger by air, including passenger manifests. Allowable cost means the reasonable and necessary costs of carrying out an approved project including costs incurred prior to and subsequent to the approval to impose a PFC, and making payments for debt service on bonds and other indebtedness incurred to carry out such projects. Allowable costs include only those costs incurred on or after November 5, 1990. Costs of terminal development incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual… | |||
| 14:14:3.0.1.3.29.1.3.3 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.5 Authority to impose PFC's. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000] | Subject to the provisions of this part, the Administrator may grant authority to a public agency that controls a commercial service airport to impose a PFC of $1, $2, $3, $4, or $4.50 on passengers enplaned at such an airport. No public agency may impose a PFC under this part unless authorized by the Administrator. No State or political subdivision or agency thereof that is not a public agency may impose a PFC covered by this part. | |||
| 14:14:3.0.1.3.29.1.3.4 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.7 Exclusivity of authority. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000] | (a) A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible public agency may not tax, regulate, prohibit, or otherwise attempt to control in any manner the imposition or collection of a PFC or the use of PFC revenue. (b) No contract or agreement between an air carrier or foreign air carrier and a public agency may impair the authority of such public agency to impose a PFC or use the PFC revenue in accordance with this part. | |||
| 14:14:3.0.1.3.29.1.3.5 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.9 Limitations. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000; Amdt. 158-4, 72 FR 28847, May 23, 2007] | (a) No public agency may impose a PFC on any passenger— (1) For more than 2 boardings on a one-way trip or in each direction of a round trip; (2) On any flight to an eligible point on an air carrier that receives essential air service compensation on that route. The Administrator makes available a list of carriers and eligible routes determined by the Department of Transportation for which PFC's may not be imposed under this section; (3) Who is a nonrevenue passenger or obtained the ticket for air transportation with a frequent flier award coupon; (4) On flights, including flight segments, between 2 or more points in Hawaii; (5) In Alaska aboard an aircraft having a certificated seating capacity of fewer than 60 passengers; or (6) Enplaning at an airport if the passenger did not pay for the air transportation that resulted in the enplanement due to Department of Defense charter arrangements and payments. (b) No public agency may require a foreign airline that does not serve a point or points in the U.S. to collect a PFC from a passenger. | |||
| 14:14:3.0.1.3.29.1.3.6 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.11 Public agency request not to require collection of PFC's by a class of air carriers or foreign air carriers or for service to isolated communities. | FAA | [Docket FAA-2000-7402, 65 FR 34541, May 30, 2000] | (a) Subject to the requirements of this part, a public agency may request that collection of PFC's not be required for— (1) Passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the carriers in the class constitutes not more than one percent of the total number of passengers enplaned annually at the airport at which the fee is imposed; or (2) Passengers enplaned on a flight to an airport— (i) That has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or (ii) In a community that has a population of less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National Highway System within a State. (b) The public agency may request this exclusion authority under paragraph (a)(1) or (a)(2) of this section or both. | |||
| 14:14:3.0.1.3.29.1.3.7 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.13 Use of PFC revenue. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28847, May 23, 2007] | PFC revenue, including any interest earned after such revenue has been remitted to a public agency, may be used only to finance the allowable costs of approved projects at any airport the public agency controls. (a) Total cost. PFC revenue may be used to pay all or part of the allowable cost of an approved project. (b) PFC administrative support costs. Public agencies may use PFC revenue to pay for allowable administrative support costs. Public agencies must submit these costs as a separate project in each PFC application. (c) Maximum cost for certain low-emission technology projects. If a project involves a vehicle or ground support equipment using low emission technology eligible under § 158.15(b), the FAA will determine the maximum cost that may be financed by PFC revenue. The maximum cost for a new vehicle is the incremental amount between the purchase price of a new low emission vehicle and the purchase price of a standard emission vehicle, or the cost of converting a standard emission vehicle to a low emission vehicle. (d) Bond-associated debt service and financing costs. (1) Public agencies may use PFC revenue to pay debt service and financing costs incurred for a bond issued to carry out approved projects. (2) If the public agency's bond documents require that PFC revenue be commingled in the general revenue stream of the airport and pledged for the benefit of holders of obligations, the FAA considers PFC revenue to have paid the costs covered in § 158.13(d)(1) if— (i) An amount equal to the part of the proceeds of the bond issued to carry out approved projects is used to pay allowable costs of such projects; and (ii) To the extent the PFC revenue collected in any year exceeds the debt service and financing costs on such bonds during that year, an amount equal to the excess is applied as required by § 158.39. (e) Exception providing for the use of PFC revenue to pay for debt service for non-eligible projects. The FAA may authorize a public agency under § 158.18 to impose a PFC for paymen… | |||
| 14:14:3.0.1.3.29.1.3.8 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.15 Project eligibility at PFC levels of $1, $2, or $3. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; Amdt. 158-2, 65 FR 34541, May 30, 2000; Amdt. 158-4, 72 FR 28848, May 23, 2007] | (a) To be eligible, a project must— (1) Preserve or enhance safety, security, or capacity of the national air transportation system; (2) Reduce noise or mitigate noise impacts resulting from an airport; or (3) Furnish opportunities for enhanced competition between or among air carriers. (b) Eligible projects are any of the following projects— (1) Airport development eligible under subchapter I of chapter 471 of 49 U.S.C.; (2) Airport planning eligible under subchapter I of chapter 471 of 49 U.S.C.; (3) Terminal development as described in 49 U.S.C. 47110(d); (4) Airport noise compatibility planning as described in 49 U.S.C. 47505; (5) Noise compatibility measures eligible for Federal assistance under 49 U.S.C. 47504, without regard to whether the measures are approved under 49 U.S.C. 47504; (6) Construction of gates and related areas at which passengers are enplaned or deplaned and other areas directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport. These areas do not include restaurants, car rental and automobile parking facilities, or other concessions. Projects required to enable added air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport have added eligibility. Such projects may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities next to the gate; (7) A project approved under the FAA's “Program to Permit Cost-Sharing of Air Traffic Modernization Projects” under 49 U.S.C. 44517; or (8) If the airport is in an air quality nonattainment area (as defined by section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)) or a maintenance area referred to in section 175A of such Act (42 U.S.C. 7505a), and the project will result in the airport receiving appropriate emission cr… | |||
| 14:14:3.0.1.3.29.1.3.9 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | A | Subpart A—General | § 158.17 Project eligibility at PFC levels of $4 or $4.50. | FAA | [Docket FAA-2000-7402, 65 FR 34541, May 30, 2000] | (a) A project for any airport is eligible for PFC funding at levels of $4 or $4.50 if— (1) The project meets the eligibility requirements of § 158.15; (2) The project costs requested for collection at $4 or $4.50 cannot be paid for from funds reasonably expected to be available for the programs referred to in 49 U.S.C. 48103; and (3) In the case of a surface transportation or terminal project, the public agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates. (b) In addition, a project for a medium or large airport is only eligible for PFC funding at levels of $4 or $4.50 if the project will make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise on people living near the airport. | |||
| 14:14:3.0.1.3.29.2.3.1 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.20 Submission of required documents. | FAA | [Docket FAA-2006-23730, 72 FR 28848, May 23, 2007] | (a) Letters and reports required by this part may be transmitted to the appropriate recipient (the public agency, air carrier, and/or the FAA) via e-mail, courier, facsimile, or U.S. Postal Service. (1) Documents sent electronically to the FAA must be prepared in a format readable by the FAA. Interested parties can obtain the format at their local FAA Airports Office. (2) Any transmission to FAA Headquarters, using regular U.S. Postal Service, is subject to inspection that may result in delay and damage due to the security process. (b) Once the database development is completed with air carrier capability, public agencies and air carriers may use the FAA's national PFC database to post their required quarterly reports, and, in that case, do not have to distribute the reports in any other way. | |||
| 14:14:3.0.1.3.29.2.3.10 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.33 Duration of authority to impose a PFC before project implementation. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; Amdt. 158-4, 72 FR 28849, May 23, 2007] | (a) A public agency shall not impose a PFC beyond the lesser of the following— (1) 2 years after approval to use PFC revenue on an approved project if the project has not been implemented, or (2) 5 years after the charge effective date; or (3) 5 years after the FAA's decision on the application (if the charge effective date is more than 60 days after the decision date) if an approved project is not implemented. (b) If, in the Administrator's judgment, the public agency has not made sufficient progress toward implementation of an approved project within the times specified in paragraph (a) of this section, the Administrator begins termination proceedings under subpart E of this part. (c) The authority to impose a PFC following approval shall automatically expire without further action by the Administrator on the following dates: (1) 3 years after the charge effective date; or 3 years after the FAA's decision on the application if the charge effective date is more than 60 days after the decision date unless— (i) The public agency has filed an application for approval to use PFC revenue for an eligible project that is pending before the FAA; (ii) An application to use PFC revenue has been approved; or (iii) A request for extension (not to exceed 2 years) to submit an application for project approval, under § 158.35, has been granted; or (2) 5 years after the charge effective date; or 5 years after the FAA's decision on the application (if the charge effective date is more than 60 days after the decision date) unless the public agency has obtained project approval. (d) If the authority to impose a PFC expires under paragraph (c) of this section, the public agency must provide the FAA with a list of the air carriers and foreign air carriers operating at the airport and all other collecting carriers that have remitted PFC revenue to the public agency in the preceding 12 months. The FAA notifies each of the listed carriers to terminate PFC collection no later than 30 days after the date of notification by the… | |||
| 14:14:3.0.1.3.29.2.3.11 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.35 Extension of time to submit application to use PFC revenue. | FAA | (a) A public agency may request an extension of time to submit an application to use PFC revenue after approval of an application to impose PFC's. At least 30 days prior to submitting such request, the public agency shall publish notice of its intention to request an extension in a local newspaper of general circulation and shall request comments. The notice shall include progress on the project, a revised schedule for obtaining project approval and reasons for the delay in submitting the application. (b) The request shall be submitted at least 120 days prior to the charge expiration date and, unless otherwise authorized by the Administrator, shall be accompanied by the following: (1) A description of progress on the project application to date. (2) A revised schedule for submitting the application. (3) An explanation of the reasons for delay in submitting the application. (4) A summary financial report depicting the total amount of PFC revenue collected plus interest, the projected amount to be collected during the period of the requested extension, and any public agency funds used on the project for which reimbursement may be sought. (5) A summary of any further consultation with air carriers and foreign air carriers operating at the airport. (6) A summary of comments received in response to the local notice. (c) The Administrator reviews the request for extension and accompanying information, to determine whether— (1) The public agency has shown good cause for the delay in applying for project approval; (2) The revised schedule is satisfactory; and (3) Further collection will not result in excessive accumulation of PFC revenue. (d) The Administrator, upon determining that the agency has shown good cause for the delay and that other elements of the request are satisfactory, grants the request for extension to the public agency. The Administrator advises the public agency in writing not more than 90 days after receipt of the request. The duration of the extension shall be as specified in § 158.33 of … | ||||
| 14:14:3.0.1.3.29.2.3.12 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.37 Amendment of approved PFC. | FAA | [Docket FAA-2004-17999, 70 FR 14937, Mar. 23, 2005, as amended by Amdt. 158-4, 72 FR 28849, May 23, 2007] | (a)(1) A public agency may amend the FAA's decision with respect to an approved PFC to: (i) Increase or decrease the level of PFC the public agency wants to collect from each passenger, (ii) Increase or decrease the total approved PFC revenue, (iii) Change the scope of an approved project, (iv) Delete an approved project, or (v) Establish a new class of carriers under § 158.11 or amend any such class previously approved. (2) A public agency may not amend the FAA's decision with respect to an approved PFC to add projects, change an approved project to a different facility type, or alter an approved project to accomplish a different purpose. (b) The public agency must file a request to the Administrator to amend the FAA's decision with respect to an approved PFC. The request must include or demonstrate: (1)(i) Further consultation with the air carriers and foreign air carriers and seek public comment in accordance with §§ 158.23 and 158.24 when applying for those requests to: (A) Amend the approved PFC amount for a project by more than 25 percent of the original approved amount if the amount was $1,000,000 or greater, (B) Amend the approved PFC amount for a project by any percentage if the original approved amount was below $1,000,000 and the amended approved amount is $1,000,000 or greater, (C) Change the scope of a project, or (D) Increase the PFC level to be collected from each passenger. (ii) No further consultation with air carriers and foreign air carriers or public comment is required by a public agency in accordance with §§ 158.23 and 158.24 when applying for an amendment in the following situations: (A) To institute a decrease in the level of PFC to be collected from each passenger; (B) To institute a decrease in the total PFC revenue; (C) To institute an increase of 25 percent or less of the original approved amount if the amount was more than $1,000,000; or (D) To institute an increase of any amount if the original approved amount of the project was less than $1,000,000 and if the amende… | |||
| 14:14:3.0.1.3.29.2.3.13 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.39 Use of excess PFC revenue. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28849, May 23, 2007] | (a) If the PFC revenue remitted to the public agency, plus interest earned thereon, exceeds the allowable cost of the project, the public agency must use the excess funds for approved projects or to retire outstanding PFC-financed bonds. (b) For bond-financed projects, any excess PFC revenue collected under debt servicing requirements shall be retained by the public agency and used for approved projects or retirement of outstanding PFC-financed bonds. (c) When the authority to impose a PFC has expired or has been terminated, accumulated PFC revenue shall be used for approved projects or retirement of outstanding PFC-financed bonds. (d) Within 30 days after the authority to impose a PFC has expired or been terminated, the public agency must present a plan to the appropriate FAA Airports office to begin using accumulated PFC revenue. The plan must include a timetable for submitting any necessary application under this part. If the public agency fails to submit such a plan, or if the plan is not acceptable to the Administrator, the Administrator may reduce Federal airport grant program apportioned funds. | |||
| 14:14:3.0.1.3.29.2.3.2 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.21 General. | FAA | This subpart specifies the consultation and application requirements under which a public agency may obtain approval to impose a PFC and use PFC revenue on a project. This subpart also establishes the procedure for the Administrator's review and approval of applications and amendments and establishes requirements for use of excess PFC revenue. | ||||
| 14:14:3.0.1.3.29.2.3.3 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.23 Consultation with air carriers and foreign air carriers. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34541, May 30, 2000; Amdt. 158-3, 70 FR 14934, Mar. 23, 2005] | (a) Notice by public agency. A public agency must provide written notice to air carriers and foreign air carriers having a significant business interest at the airport where the PFC is proposed. A public agency must provide this notice before the public agency files an application with the FAA for authority to impose a PFC under § 158.25(b). In addition, public agencies must provide this notice before filing an application with the FAA for authority to use PFC revenue under § 158.25(c). Public agencies must also provide this notice before filing a notice of intent to impose and/or use a PFC under § 158.30. Finally, a public agency must provide this notice before filing a request to amend the FAA's decision with respect to an approved PFC as discussed in § 158.37(b)(1). The notice shall include: (1) Descriptions of projects being considered for funding by PFC's; (2) The PFC level for each project, the proposed charge effective date, the estimated charge expiration date, and the estimated total PFC revenue; (3) For a request by a public agency that any class or classes of carriers not be required to collect the PFC— (i) The designation of each such class, (ii) The names of the carriers belonging to each such class, to the extent the names are known, (iii) The estimated number of passengers enplaned annually by each such class, and (iv) The public agency's reasons for requesting that carriers in each such class not be required to collect the PFC; and (4) Except as provided in § 158.25(c)(2), the date and location of a meeting at which the public agency will present such projects to air carriers and foreign air carriers operating at the airport. (b) Meeting. The meeting required by paragraph (a)(4) of this section shall be held no sooner than 30 days nor later than 45 days after issuance of the written notice required by paragraph (a) of this section. At or before the meeting, the public agency shall provide air carriers and foreign air carriers with— (1) A description of projects; (2) An explanation o… | |||
| 14:14:3.0.1.3.29.2.3.4 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.24 Notice and opportunity for public comment. | FAA | [Docket FAA-2004-17999, 70 FR 14934, Mar. 23, 2005] | (a)(1) Notice by public agency. A public agency must provide written notice and an opportunity for public comment before: (i) Filing an application with the FAA for authority to impose a PFC under § 158.25(b); (ii) Filing an application with the FAA for authority to use PFC revenue under § 158.25(c); (iii) Filing a notice of intent to impose and/or use a PFC under § 158.30; and (iv) Filing a request to amend a previously approved PFC as discussed in § 158.37(b)(1). (2) The notice must allow the public to file comments for at least 30 days, but no more than 45 days, after the date of publication of the notice or posting on the public agency's Web site, as applicable. (b)(1) Notice contents. The notice required by § 158.24(a) must include: (i) A description of the project(s) the public agency is considering for funding by PFC's; (ii) A brief justification for each project the public agency is considering for funding by PFC's; (iii) The PFC level for each project; (iv) The estimated total PFC revenue the public agency will use for each project; (v) The proposed charge effective date for the application or notice of intent; (vi) The estimated charge expiration date for the application or notice of intent; (vii) The estimated total PFC revenue the public agency will collect for the application or notice of intent; and (viii) The name of and contact information for the person within the public agency to whom comments should be sent. (2) The public agency must make available a more detailed project justification or the justification documents to the public upon request. (c) Distribution of notice. The public agency must make the notice available to the public and interested agencies through one or more of the following methods: (1) Publication in local newspapers of general circulation; (2) Publication in other local media; (3) Posting the notice on the public agency's Internet Web site; or (4) Any other method acceptable to the Administrator. | |||
| 14:14:3.0.1.3.29.2.3.5 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.25 Applications. | FAA | [Docket FAA-2004-17999, 70 FR 14935, Mar. 23, 2005] | (a) General. This section specifies the information the public agency must file when applying for authority to impose a PFC and for authority to use PFC revenue on a project. A public agency may apply for such authority at any commercial service airport it controls. The public agency must use the proposed PFC to finance airport-related projects at that airport or at any existing or proposed airport that the public agency controls. A public agency may apply for authority to impose a PFC before or concurrent with an application to use PFC revenue. If a public agency chooses to apply, it must do so by using FAA Form 5500-1, PFC Application (latest edition) and all applicable Attachments. The public agency must provide the information required under paragraphs (b) or (c), or both, of this section. (b) Application for authority to impose a PFC. This paragraph sets forth the information to be submitted by all public agencies seeking authority to impose a PFC. A separate application shall be submitted for each airport at which a PFC is to be imposed. The application shall be signed by an authorized official of the public agency, and, unless otherwise authorized by the Administrator, must include the following: (1) The name and address of the public agency. (2) The name and telephone number of the official submitting the application on behalf of the public agency. (3) The official name of the airport at which the PFC is to be imposed. (4) The official name of the airport at which a project is proposed. (5) A copy of the airport capital plan or other documentation of planned improvements for each airport at which a PFC financed project is proposed. (6) A description of each project proposed. (7) The project justification, including the extent to which the project achieves one or more of the objectives set forth in § 158.15(a) and (if a PFC level above $3 is requested) the requirements of § 158.17. In addition— (i) For any project for terminal development, including gates and related areas, the public agency s… | |||
| 14:14:3.0.1.3.29.2.3.6 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.27 Review of applications. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, as amended by Amdt. 158-3, 70 FR 14936, Mar. 23, 2005] | (a) General. This section describes the process for review of all applications filed under § 158.25 of this part. (b) Determination of completeness. Within 30 days after receipt of an application by the FAA Airports office, the Administrator determines whether the application substantially complies with the requirements of § 158.25. (c) Process for substantially complete application. If the Administrator determines the application is substantially complete, the following procedures apply: (1) The Administrator advises the public agency by letter that its application is substantially complete. (2) The Administrator may opt to publish a notice in the Federal Register advising that the Administrator intends to rule on the application and inviting public comment, as set forth in paragraph (e) of this section. If the Administrator publishes a notice, the Administrator will provide a copy of the notice to the public agency. (3) If the Administrator publishes a notice, the public agency— (i) Shall make available for inspection, upon request, a copy of the application, notice, and other documents germane to the application, and (ii) May publish the notice in a newspaper of general circulation in the area where the airport covered by the application is located. (4) After reviewing the application and any public comments received from a Federal Register notice, the Administrator issues a final decision approving or disapproving the application, in whole or in part, before 120 days after the FAA Airports office received the application. (d) Process for applications not substantially complete. If the Administrator determines an application is not substantially complete, the following procedures apply: (1) The Administrator notifies the public agency in writing that its application is not substantially complete. The notification will list the information required to complete the application. (2) Within 15 days after the Administrator sends such notification, the public agency shall advise the Administra… | |||
| 14:14:3.0.1.3.29.2.3.7 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.29 The Administrator's decision. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-3, 70 FR 14936, Mar. 23, 2005; Amdt. 158-4, 72 FR 28848, May 23, 2007] | (a) Authority to impose a PFC. (1) An application to impose a PFC will be approved in whole or in part only after a determination that— (i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project; (ii) The project will achieve the objectives and criteria set forth in § 158.15 except for those projects approved under § 158.18. (iii) If a PFC level above $3 is being approved, the project meets the criteria set forth in § 158.17; (iv) The collection process, including any request by the public agency not to require a class of carriers to collect PFC's, is reasonable, not arbitrary, nondiscriminatory, and otherwise in compliance with the law; (v) The public agency has not been found to be in violation of 49 U.S.C. 47524 and 47526; (vi) The public agency has not been found to be in violation of 49 U.S.C. 47107(b) governing the use of airport revenue; (vii) If the public agency has not applied for authority to use PFC revenue, a finding that there are alternative uses of the PFC revenue to ensure that such revenue will be used on approved projects; and (viii) If applicable, the public agency has submitted a competition plan in accordance with § 158.19. (2) The Administrator notifies the public agency in writing of the decision on the application. The notification will list the projects and alternative uses that may qualify for PFC financing under § 158.15, and (if a PFC level above $3 is being approved) § 158.17, PFC level, total approved PFC revenue including the amounts approved at $3 and less, $4, and/or $4.50, duration of authority to impose and earliest permissible charge effective date. (b) Authority to use PFC revenue on an approved project. (1) An application for authority to use PFC revenue will be approved in whole or in part only after a determination that— (i) The amount and duration of the PFC will not result in revenue that exceeds amounts necessary to finance the project; (ii) The project will achieve the objectives and criteria … | |||
| 14:14:3.0.1.3.29.2.3.8 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.30 PFC Authorization at Non-Hub Airports. | FAA | [Docket FAA-2004-17999, 70 FR 14936, Mar. 23, 2005] | (a) General. This section specifies the procedures a public agency controlling a non-hub airport must follow when notifying the FAA of its intent to impose a PFC and to use PFC revenue on a project under this section. In addition, this section describes the FAA's rules for reviewing and acknowledging a notice of intent filed under this section. A public agency may notify the FAA of its intent to impose a PFC before or concurrent with a notice of intent to use PFC revenue. A public agency must file a notice of intent in the manner and form prescribed by the Administrator and must include the information required under paragraphs (b), (c), or both, of this section. (b) Notice of intent to impose a PFC. This paragraph sets forth the information a public agency must file to notify the FAA of its intent to impose a PFC under this section. The public agency must file a separate notice of intent for each airport at which the public agency plans on imposing a PFC. An authorized official of the public agency must sign the notice of intent and, unless authorized by the Administrator, must include: (1) A completed FAA Form 5500-1, PFC Application (latest edition) without attachments except as required below; (2) Project information (in the form and manner prescribed by the FAA) including the project title, PFC funds sought, PFC level sought, and, if an existing Airport Improvement Program (AIP) grant already covers this project, the grant agreement number. (3) If an existing AIP grant does not cover this project, the notice of intent must include the information in paragraph (b)(2) of this section as well as the following: (i) Additional information describing the proposed schedule for the project, (ii) A description of how this project meets one of the PFC objectives in § 158.15(a), and (iii) A description of how this project meets the adequate justification requirement in § 158.15(c). (4) A copy of any comments received by the public agency during the air carrier consultation and public comment processes (§§ 1… | |||
| 14:14:3.0.1.3.29.2.3.9 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | B | Subpart B—Application and Approval | § 158.31 Duration of authority to impose a PFC after project implementation. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28849, May 23, 2007] | A public agency that has begun implementing an approved project may impose a PFC until— (a) The charge expiration date is reached; (b) The total PFC revenue collected plus interest earned thereon equals the allowable cost of the approved project; (c) The authority to collect the PFC is terminated by the Administrator under subpart E of this part; or (d) The public agency is determined by the Administrator to be in violation of 49 U.S.C. 47524 and 47526, and the authority to collect the PFC is terminated under that statute's implementing regulations under this title. | |||
| 14:14:3.0.1.3.29.3.3.1 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | C | Subpart C—Collection, Handling, and Remittance of PFC's | § 158.41 General. | FAA | This subpart contains the requirements for notification, collection, handling and remittance of PFC's. | ||||
| 14:14:3.0.1.3.29.3.3.2 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | C | Subpart C—Collection, Handling, and Remittance of PFC's | § 158.43 Public agency notification to collect PFC's. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28849, May 23, 2007] | (a) Following approval of an application to impose a PFC under subpart B of this part, the public agency shall notify the air carriers and foreign air carriers required to collect PFC's at its airport of the Administrator's approval. Each notified carrier shall notify its agents, including other issuing carriers, of the collection requirement. (b) The notification shall be in writing and contain at a minimum the following information: (1) The level of PFC to be imposed. (2) The total revenue to be collected. (3) The charge effective date will always be the first day of the month; however, it must be at least 30 days after the date the public agency notified the air carriers of the FAA's approval to impose the PFC. (4) The proposed charge expiration date. (5) A copy of the Administrator's notice of approval. (6) The address where remittances and reports are to be filed by carriers. (c) The public agency must notify air carriers required to collect PFCs at its airport and the FAA of changes in the charge expiration date at least 30 days before the existing charge expiration date or new charge expiration date, whichever comes first. Each notified air carrier must notify its agents, including other issuing carriers, of such changes. (d) The public agency shall provide a copy of the notification to the appropriate FAA Airports office. | |||
| 14:14:3.0.1.3.29.3.3.3 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | C | Subpart C—Collection, Handling, and Remittance of PFC's | § 158.45 Collection of PFC's on tickets issued in the U.S. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28849, May 23, 2007] | (a) On and after the charge effective date, tickets issued in the U.S. shall include the required PFC except as provided in paragraphs (c) and (d) of this section. (1) Issuing carriers shall be responsible for all funds from time of collection to remittance. (2) The appropriate charge is the PFC in effect at the time the ticket is issued. (3) Issuing carriers and their agents shall collect PFCs based on the itinerary at the time of issuance. (i) Any change in itinerary initiated by a passenger that requires an adjustment to the amount paid by the passenger is subject to collection or refund of the PFC as appropriate. (ii) Failure to travel on a nonrefundable or expired ticket is not a change in itinerary. If the ticket purchaser is not permitted any fare refund on the unused ticket, the ticket purchaser is not permitted a refund of any PFC associated with that ticket. (b) Issuing carriers and their agents shall note as a separate item on each air travel ticket upon which a PFC is shown, the total amount of PFC's paid by the passenger and the airports for which the PFC's are collected. (c) For each one-way trip shown on the complete itinerary of an air travel ticket, issuing air carriers and their agents shall collect a PFC from a passenger only for the first two airports where PFC's are imposed. For each round trip, a PFC shall be collected only for enplanements at the first two enplaning airports and the last two enplaning airports where PFC's are imposed. (d) In addition to the restriction in paragraph (c) of this section, issuing carriers and their agents shall not collect PFC's from a passenger covered by any of the other limitations described in § 158.9(a). (e) Collected PFC's shall be distributed as noted on the air travel ticket. (f) Issuing carriers and their agents shall stop collecting the PFC's on the charge expiration date stated in a notice from the public agency, or as required by the Administrator. | |||
| 14:14:3.0.1.3.29.3.3.4 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | C | Subpart C—Collection, Handling, and Remittance of PFC's | § 158.47 Collection of PFC's on tickets issued outside the U.S. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2, 1991; Amdt. 158-4, 72 FR 28849, May 23, 2007] | (a) For tickets issued outside the U.S., an air carrier or foreign air carrier may follow the requirements of either § 158.45 or this section, unless the itinerary is for travel wholly within the U.S. Air carriers and foreign air carriers must comply with § 158.45 where the itinerary is for travel wholly within the U.S. regardless of where the ticket is issued. (b) Notwithstanding any other provisions of this part, no foreign airline is required to collect a PFC on air travel tickets issued on its own ticket stock unless it serves a point or points in the U.S. (c) If an air carrier or foreign air carrier elects not to comply with § 158.45 for tickets issued outside the U.S.— (1) The carrier is required to collect PFC's on such tickets only for the public agency controlling the last airport at which the passenger is enplaned prior to departure from the U.S. (2) The carrier may collect the PFC either at the time the ticket is issued or at the time the passenger is last enplaned prior to departure from the U.S. The carrier may vary the method of collection among its flights. (3) The carrier shall provide a written record to the passenger that a PFC has been collected. Such a record shall appear on or with the air travel ticket and shall include the same information as required by § 158.45(b), but need not be preprinted on the ticket stock. (4) Issuing carriers and their agents shall collect PFCs based on the itinerary at the time of issuance. (i) Any change in itinerary initiated by a passenger that requires an adjustment to the amount paid by the passenger is subject to collection or refund of the PFC as appropriate. (ii) Failure to travel on a nonrefundable or expired ticket is not a change in itinerary. If the ticket purchaser is not permitted any fare refund on the unused ticket, the ticket purchaser is not permitted a refund of any PFC associated with that ticket. (d) With respect to a flight on which the air carrier or foreign air carrier chooses to collect the PFC at the time the air travel ticket is… | |||
| 14:14:3.0.1.3.29.3.3.5 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | C | Subpart C—Collection, Handling, and Remittance of PFC's | § 158.49 Handling of PFC's. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28850, May 23, 2007] | (a) Collecting carriers shall establish and maintain a financial management system to account for PFC's in accordance with the Department of Transportation's Uniform System of Accounts and Reports (14 CFR part 241). For carriers not subject to 14 CFR part 241, such carriers shall establish and maintain an accounts payable system to handle PFC revenue with subaccounts for each public agency to which such carrier remits PFC revenue. (b) Collecting carriers must account for PFC revenue separately. PFC revenue may be commingled with the air carrier's other sources of revenue except for covered air carriers discussed in paragraph (c) of this section. PFC revenues held by an air carrier or an agent of the air carrier after collection are held in trust for the beneficial interest of the public agency imposing the PFC. Such air carrier or agent holds neither legal nor equitable interest in the PFC revenues except for any handling fee or interest collected on unremitted proceeds as authorized in § 158.53. (c)(1) A covered air carrier must segregate PFC revenue in a designated separate PFC account. Regardless of the amount of PFC revenue in the covered air carrier's account at the time the bankruptcy petition is filed, the covered air carrier must deposit into the separate PFC account an amount equal to the average monthly liability for PFCs collected under this section by such air carrier or any of its agents. (i) The covered air carrier is required to create one PFC account to cover all PFC revenue it collects. The designated PFC account is solely for PFC transactions and the covered air carrier must make all PFC transactions from that PFC account. The covered air carrier is not required to create separate PFC accounts for each airport where a PFC is imposed. (ii) The covered air carrier must transfer PFCs from its general accounts into the separate PFC account in an amount equal to the average monthly liability for PFCs as the “PFC reserve.” The PFC reserve must equal a one-month average of the sum of the total PFCs… | |||
| 14:14:3.0.1.3.29.3.3.6 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | C | Subpart C—Collection, Handling, and Remittance of PFC's | § 158.51 Remittance of PFC's. | FAA | Passenger facility charges collected by carriers shall be remitted to the public agency on a monthly basis. PFC revenue recorded in the accounting system of the carrier, as set forth in § 158.49 of this part, shall be remitted to the public agency no later than the last day of the following calendar month (or if that date falls on a weekend or holiday, the first business day thereafter). | ||||
| 14:14:3.0.1.3.29.3.3.7 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | C | Subpart C—Collection, Handling, and Remittance of PFC's | § 158.53 Collection compensation. | FAA | [Docket FAA-2006-23730, 72 FR 28850, May 23, 2007; Amdt. 158-4, 72 FR 31714, June 8, 2007] | (a) As compensation for collecting, handling, and remitting the PFC revenue, the collecting air carrier is entitled to: (1) $0.11 of each PFC collected. (2) Any interest or other investment return earned on PFC revenue between the time of collection and remittance to the public agency. (b) A covered air carrier that fails to designate a separate PFC account is prohibited from collecting interest on the PFC revenue. Where a covered air carrier maintains a separate PFC account in compliance with § 158.49(c), it will receive the interest on PFC accounts as described in paragraph (a)(2) of this section. (c)(1) Collecting air carriers may provide collection cost data periodically to the FAA after the agency issues a notice in the Federal Register that specifies the information and deadline for filing the information. Submission of the information is voluntary. The requested information must include data on interest earned by the air carriers on PFC revenue and air carrier collection, handling, and remittance costs in the following categories: (i) Credit card fees; (ii) Audit fees; (iii) PFC disclosure fees; (iv) Reservations costs; (v) Passenger service costs; (vi) Revenue accounting, data entry, accounts payable, tax, and legal fees; (vii) Corporate property department costs; (viii) Training for reservations agents, ticket agents, and other departments; (ix) Ongoing carrier information systems costs; (x) Ongoing computer reservations systems costs; and (xi) Airline Reporting Corporation fees. (2) The FAA may determine a new compensation level based on an analysis of the data provided under paragraph (c)(1) of this section, if the data is submitted by carriers representing at least 75 percent of PFCs collected nationwide. (3) Any new compensation level determined by the FAA under paragraph (c)(2) of this section will replace the level identified in paragraph (a)(1) of this section. | |||
| 14:14:3.0.1.3.29.4.3.1 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | D | Subpart D—Reporting, Recordkeeping and Audits | § 158.61 General. | FAA | This subpart contains the requirements for reporting, recordkeeping and auditing of accounts maintained by collecting carriers and by public agencies. | ||||
| 14:14:3.0.1.3.29.4.3.2 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | D | Subpart D—Reporting, Recordkeeping and Audits | § 158.63 Reporting requirements: Public agency. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34542, May 30, 2000; Amdt. 158-4, 72 FR 28851, May 23, 2007] | (a) The public agency must provide quarterly reports to air carriers collecting PFCs for the public agency with a copy to the appropriate FAA Airports Office. The quarterly report must include: (1) Actual PFC revenue received from collecting air carriers, interest earned, and project expenditures for the quarter; (2) Cumulative actual PFC revenue received, interest earned, project expenditures, and the amount committed for use on currently approved projects, including the quarter; (3) The PFC level for each project; and (4) Each project's current schedule. (b) The report shall be provided on or before the last day of the calendar month following the calendar quarter or other period agreed by the public agency and collecting carrier. (c) For medium and large hub airports, the public agency must provide to the FAA, by July 1 of each year, an estimate of PFC revenue to be collected for each airport in the following fiscal year. | |||
| 14:14:3.0.1.3.29.4.3.3 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | D | Subpart D—Reporting, Recordkeeping and Audits | § 158.65 Reporting requirements: Collecting air carriers. | FAA | [Docket FAA-2006-23730, 72 FR 28851, May 23, 2007] | (a) Each air carrier collecting PFCs for a public agency must provide quarterly reports to the public agency unless otherwise agreed by the collecting air carrier and public agency, providing an accounting of funds collected and funds remitted. (1) Unless otherwise agreed by the collecting air carrier and public agency, reports must state: (i) The collecting air carrier and airport involved, (ii) The total PFC revenue collected, (iii) The total PFC revenue refunded to passengers, (iv) The collected revenue withheld for reimbursement of expenses under § 158.53, and (v) The dates and amounts of each remittance for the quarter. (2) The report must be filed by the last day of the month following the calendar quarter or other period agreed by the collecting carrier and public agency for which funds were collected. (b) A covered air carrier must provide the FAA with: (1) A copy of its quarterly report by the established schedule under paragraph (a) of this section; and (2) A monthly PFC account statement delivered not later than the fifth day of the following month. This monthly statement must include: (i) The balance in the account on the first day of the month, (ii) The total funds deposited during the month, (iii) The total funds disbursed during the month, and (iv) The closing balance in the account. | |||
| 14:14:3.0.1.3.29.4.3.4 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | D | Subpart D—Reporting, Recordkeeping and Audits | § 158.67 Recordkeeping and auditing: Public agency. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-4, 72 FR 28851, May 23, 2007] | (a) Each public agency shall keep any unliquidated PFC revenue remitted to it by collecting carriers on deposit in an interest bearing account or in other interest bearing instruments used by the public agency's airport capital fund. Interest earned on such PFC revenue shall be used, in addition to the principal, to pay the allowable costs of PFC-funded projects. PFC revenue may only be commingled with other public agency airport capital funds in deposits or interest bearing instruments. (b) Each public agency shall establish and maintain for each approved application a separate accounting record. The accounting record shall identify the PFC revenue received from the collecting carriers, interest earned on such revenue, the amounts used on each project, and the amount reserved for currently approved projects. (c) At least annually during the period the PFC is collected, held or used, each public agency shall provide for an audit of its PFC account. The audit shall be performed by an accredited independent public accountant and may be of limited scope. The accountant shall express an opinion of the fairness and reasonableness of the public agency's procedures for receiving, holding, and using PFC revenue. The accountant shall also express an opinion on whether the quarterly report required under § 158.63 fairly represents the net transactions within the PFC account. The audit may be— (1) Performed specifically for the PFC account; or (2) Conducted as part of an audit under Office of Management and Budget Circular A-133 (the Single Audit Act of 1984, Pub. L. 98-502, and the Single Audit Act Amendments of 1996, Pub. L. 104-156) provided the auditor specifically addresses the PFC. (3) Upon request, a copy of the audit shall be provided to each collecting carrier that remitted PFC revenue to the public agency in the period covered by the audit and to the Administrator. | |||
| 14:14:3.0.1.3.29.4.3.5 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | D | Subpart D—Reporting, Recordkeeping and Audits | § 158.69 Recordkeeping and auditing: Collecting carriers. | FAA | (a) Collecting carriers shall establish and maintain for each public agency for which they collect a PFC an accounting record of PFC revenue collected, remitted, refunded and compensation retained under § 158.53(a) of this part. The accounting record shall identify the airport at which the passengers were enplaned. (b) Each collecting carrier that collects more than 50,000 PFC's annually shall provide for an audit at least annually of its PFC account. (1) The audit shall be performed by an accredited independent public accountant and may be of limited scope. The accountant shall express an opinion on the fairness and reasonableness of the carrier's procedures for collecting, holding, and dispersing PFC revenue. The opinion shall also address whether the quarterly reports required under § 158.65 fairly represent the net transactions in the PFC account. (2) For the purposes of an audit under this section, collection is defined as the point when agents or other intermediaries remit PFC revenue to the carrier. (3) Upon request, a copy of the audit shall be provided to each public agency for which a PFC is collected. | ||||
| 14:14:3.0.1.3.29.4.3.6 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | D | Subpart D—Reporting, Recordkeeping and Audits | § 158.71 Federal oversight. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000] | (a) The Administrator may periodically audit and/or review the use of PFC revenue by a public agency. The purpose of the audit or review is to ensure that the public agency is in compliance with the requirements of this part and 49 U.S.C. 40117. (b) The Administrator may periodically audit and/or review the collection and remittance by the collecting carriers of PFC revenue. The purpose of the audit or review is to ensure collecting carriers are in compliance with the requirements of this part and 49 U.S.C. 40117. (c) Public agencies and carriers shall allow any authorized representative of the Administrator, the Secretary of Transportation, or the Comptroller General of the U.S., access to any of its books, documents, papers, and records pertinent to PFC's | |||
| 14:14:3.0.1.3.29.5.3.1 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | E | Subpart E—Termination | § 158.81 General. | FAA | [Docket FAA-2006-23730, 72 FR 28851, May 23, 2007] | This subpart contains the procedures for termination of PFCs or loss of Federal airport grant funds for violations of this part or 49 U.S.C. 40117. This subpart does not address the circumstances under which the authority to collect PFCs may be terminated for violations of 49 U.S.C. 47523 through 47528. | |||
| 14:14:3.0.1.3.29.5.3.2 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | E | Subpart E—Termination | § 158.83 Informal resolution. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000] | The Administrator shall undertake informal resolution with the public agency or any other affected party if, after review under § 158.71, the Administrator cannot determine that PFC revenue is being used for the approved projects in accordance with the terms of the Administrator's approval to impose a PFC for those projects or with 49 U.S.C. 40117. | |||
| 14:14:3.0.1.3.29.5.3.3 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | E | Subpart E—Termination | § 158.85 Termination of authority to impose PFC's. | FAA | (a) The FAA begins proceedings to terminate the public agency's authority to impose a PFC only if the Administrator determines that informal resolution is not successful. (b) The Administrator publishes a notice of proposed termination in the Federal Register and supplies a copy to the public agency. This notice will state the scope of the proposed termination, the basis for the proposed action and the date for filing written comments or objections by all interested parties. This notice will also identify any corrective actions the public agency can take to avoid further proceedings. The due date for comments and corrective action shall be no less than 60 days after publication of the notice. (c) If corrective action has not been taken as prescribed by the Administrator, the FAA holds a public hearing, and notice is given to the public agency and published in the Federal Register at least 30 days prior to the hearing. The hearing will be in a form determined by the Administrator to be appropriate to the circumstances and to the matters in dispute. (d) The Administrator publishes the final decision in the Federal Register. Where appropriate, the Administrator may prescribe corrective action, including any corrective action the public agency may yet take. A copy of the notice is also provided to the public agency. (e) Within 10 days of the date of publication of the notice of the Administrator's decision, the public agency shall— (1) Advise the FAA in writing that it will complete any corrective action prescribed in the decision within 30 days; or (2) Provide the FAA with a listing of the air carriers and foreign air carriers operating at the airport and all other issuing carriers that have remitted PFC revenue to the public agency in the preceding 12 months. (f) When the Administrator's decision does not provide for corrective action or the public agency fails to complete such action, the FAA provides a copy of the Federal Register notice to each air carrier and foreign air carrier identified in par… | ||||
| 14:14:3.0.1.3.29.5.3.4 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | E | Subpart E—Termination | § 158.87 Loss of Federal airport grant funds. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000] | (a) If the Administrator determines that revenue derived from a PFC is excessive or is not being used as approved, the Administrator may reduce the amount of funds otherwise payable to the public agency under 49 U.S.C. 47114. Such a reduction may be made as a corrective action under § 158.83 or § 158.85 of this part. (b) The amount of the reduction under paragraph (a) of this section shall equal the excess collected, or the amount not used in accordance with this part. (c) A reduction under paragraph (a) of this section shall not constitute a withholding of approval of a grant application or the payment of funds under an approved grant within the meaning of 49 U.S.C. 47111(d). | |||
| 14:14:3.0.1.3.29.6.3.1 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | F | Subpart F—Reduction in Airport Improvement Program Apportionment | § 158.91 General. | FAA | This subpart describes the required reduction in funds apportioned to a large or medium hub airport that imposes a PFC. | ||||
| 14:14:3.0.1.3.29.6.3.2 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | F | Subpart F—Reduction in Airport Improvement Program Apportionment | § 158.93 Public agencies subject to reduction. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000] | The funds apportioned under 49 U.S.C. 47114 to a public agency for a specific primary commercial service airport that it controls are reduced if— (a) Such airport enplanes 0.25 percent or more of the total annual enplanements in the U.S., and (b) The public agency imposes a PFC at such airport. | |||
| 14:14:3.0.1.3.29.6.3.3 | 14 | Aeronautics and Space | I | I | 158 | PART 158—PASSENGER FACILITY CHARGES (PFC'S) | F | Subpart F—Reduction in Airport Improvement Program Apportionment | § 158.95 Implementation of reduction. | FAA | [Docket 26385, 56 FR 24278, May 29, 1991, as amended by Amdt. 158-2, 65 FR 34543, May 30, 2000] | (a) A reduction in apportioned funds will not take effect until the first fiscal year following the year in which the collection of the PFC is begun and will be applied in each succeeding fiscal year in which the public agency imposes the PFC. (b) The reduction in apportioned funds is calculated at the beginning of each fiscal year and shall be an amount equal to— (1) In the case of a fee of $3 or less, 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and (2) In the case of a fee of more than $3, 75 percent of the projected revenues from the fee in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section. (c) If the projection of PFC revenue in a fiscal year is inaccurate, the reduction in apportioned funds may be increased or decreased in the following fiscal year, except that any further reduction shall not cause the total reduction to exceed 50 percent of such apportioned amount as would otherwise be apportioned in any fiscal year. | |||
| 21:21:2.0.1.1.35.1.1.1 | 21 | Food and Drugs | I | B | 158 | PART 158—FROZEN VEGETABLES | A | Subpart A—General Provisions | § 158.3 Definitions. | FDA | [42 FR 14461, Mar. 15, 1977] | For the purposes of this part the following definitions shall apply: (a) Lot. A collection of primary containers or units of the same size, type and style manufactured or packed under similar conditions and handled as a single unit of trade. (b) Lot size. The number of primary containers or units (pounds when in bulk) in the lot. (c) Sample size. The total number of sample units drawn for examination from a lot. (d) Sample unit. A container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for the examination or testing as a single unit. (e) Defective. Any sample unit shall be regarded as defective when the sample unit does not meet the criteria set forth in the standards. (f) Acceptance number. The maximum number of defective sample units permitted in the sample in order to consider the lot as meeting the specified requirements. The following acceptance numbers shall apply: 1 n = number of sample units. 2 c = acceptance number. (g) Acceptable quality level ( AQL ). The maximum percent of defective sample units permitted in a lot that will be accepted approximately 95 percent of the time. | |||
| 21:21:2.0.1.1.35.2.1.1 | 21 | Food and Drugs | I | B | 158 | PART 158—FROZEN VEGETABLES | B | Subpart B—Requirements for Specific Standardized Frozen Vegetables | § 158.170 Frozen peas. | FDA | [42 FR 14461, Mar. 15, 1977, as amended at 42 FR 15673, Mar. 22, 1977; 58 FR 2883, Jan. 6, 1993] | (a) Identity —(1) Product definition. Frozen peas is the food in “package” form as that term is defined in § 1.20 of this chapter, prepared from the succulent seed of the pea plant of the species Pisum sativum L. Any suitable variety of pea may be used. It is blanched, drained, and preserved by freezing in such a way that the range of temperature of maximum crystallization is passed quickly. The freezing process shall not be regarded as complete until the product temperature has reached −18 °C (0 °F) or lower at the thermal center, after thermal stabilization. Such food may contain one, or any combination of two or more, of the following safe and suitable optional ingredients: (i) Natural and artificial flavors. (ii) Condiments such as spices and mint leaves. (iii) Dry nutritive carbohydrate sweeteners. (iv) Salt. (v) Monosodium glutamate and other glutamic acid salts. (2) Size specifications. If size graded, frozen peas shall contain not less than 80 percent by weight of peas of the size declared or of smaller sizes. The sample unit may not contain more than 20 percent by weight of peas of the next two larger sizes, of which not more than one quarter by weight of such peas may be of the larger of these two sizes, and may contain no peas larger than the next two larger sizes, if such there be. The following sizes and designations shall apply: (3) Labeling. The name of the product is “peas”. The term “early”, “June”, or “early June” shall precede or follow the name in the case of smooth-skin or substantially smooth-skin peas, such as Alaska-type peas. Where the peas are of sweet green wrinkled varieties, the name may include the designation “sweet”, “green”, “wrinkled”, or any combination thereof. The label shall contain the words “frozen” or “quick frozen”. The name of the food shall include a declaration of any flavoring that characterizes the product as specified in § 101.22 of this chapter and a declaration of any condiment such as spices and mint leaves that characterizes the product, e.g., “S… | |||
| 33:33:2.0.1.5.25.1.194.1 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.100 Purpose. | USCG | [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001] | This part establishes the following: (a) Criteria for determining the adequacy of reception facilities. (b) Procedures for certifying that reception facilities are adequate for receiving— (1) Oily mixtures from oceangoing tankers and any other oceangoing ships of 400 gross tons or more; (2) NLS residue from oceangoing ships; or (3) Garbage from ships. (c) Standards for ports and terminals to reduce NLS residue. | |||
| 33:33:2.0.1.5.25.1.194.10 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.160 Issuance and termination of a Certificate of Adequacy. | USCG | [CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR 36286, June 25, 2010] | (a) After reviewing an application made under § 158.140(a)(1), the COTP determines by inspection the following: (1) When the application is made on Form A, whether or not the reception facility meets Subpart B of this part. (2) When the application is made on Form B, whether or not the reception facility and the port, or the reception facility and the terminal, meet Subpart C of this part. If in the instruction manual required by § 158.330(b) there is a certification by a registered professional engineer licensed by a state or the District of Columbia that the backpressure requirements under § 158.330(a) are met, the COTP determines whether or not to accept this finding. (b) After the inspections under paragraph (a) are conducted, and after consulting with the Administrator of the Environmental Protection Agency (EPA) or his or her designee, the COTP. (1) Issues a Certificate of Adequacy to the person in charge for the port or terminal; or (2) Denies the application and informs the person in charge in writing of the reasons for the denial. (c) After reviewing an application made under § 158.140(a)(2), the COTP— (1) Issues a Certificate of Adequacy to the person in charge for the port or terminal; or (2) Denies the application and informs the person in charge in writing of the reasons for the denial. (d) In order to remain valid, the Certificate of Adequacy must have attached to it any waivers that are granted under § 158.150 when the Certificate of Adequacy is issued. (e) Each Certificate of Adequacy remains valid for a period of five years or until— (1) Suspended; (2) Revoked; or (3) This part no longer applies to the port or terminal. | |||
| 33:33:2.0.1.5.25.1.194.11 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.163 Reception facility operations. | USCG | [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18409, Apr. 28, 1989] | (a) Each person in charge and each person who is in charge of a reception facility shall ensure that the reception facility does not operate in a manner that violates any requirement under this part. (b) A copy of the Certificate of Adequacy issued for the port or terminal must be— (1) At each port and terminal under this part; and (2) Available for inspection by the COTP and the master, operator, person who is in charge of a ship, or agent for a ship. (c) Ports and terminals required to have an Operations Manual under this chapter or 46 CFR Chapter 1 must have a copy of the Certificate of Adequacy issued for the port or terminal, including any waivers, attached to that Operations Manual. | |||
| 33:33:2.0.1.5.25.1.194.12 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.165 Certificate of Adequacy: Change of information. | USCG | [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18409, Apr. 28, 1989; 55 FR 35988, Sept. 4, 1990] | (a) Except as required in paragraph (b) of this section, the person in charge shall notify the COTP in writing within 10 days after any information required in section 2, 3A, 3G, or 3H, of Form A or section 2, 5A, or 5C of Form B changes. (b) The person in charge shall notify the COTP in writing within 30 days after any information required in the following is changed: (1) Form A, sections 1, 3B, 3C, 3E, 3F, 3I, or 3J. (2) Form B, sections 1, 3, 4, 5B, 5D, 5E, 5F or 5G. (3) Form C, sections A1, B1, B2, or D4. (c) The person in charge shall maintain at the port or terminal a copy of the information submitted under paragraphs (a) and (b) of this section, until a corrected Certificate of Adequacy is received from the COTP. | |||
| 33:33:2.0.1.5.25.1.194.13 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.167 Reporting inadequate reception facilities. | USCG | [CGD 88-002, 54 FR 18409, Apr. 28, 1989] | Any person may report to the local Coast Guard COTP that reception facilities required by these regulations or MARPOL 73/78 are inadequate. Reports of inadequate reception facilities may be made orally, in writing or by telephone. | |||
| 33:33:2.0.1.5.25.1.194.14 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.170 Grounds for suspension. | USCG | The COTP may suspend a Certificate of Adequacy if— (a) Deficiencies recur or significantly affect the adequacy of the reception facility; (b) Continued operations will result in undue delay to ships calling at the port or terminal; (c) There is a failure to accept NLS residue from a ship after it's cargo tanks are prewashed in accordance with 46 CFR 153.1120; or (d) There is a substantial threat of discharge of oil or NLS into or upon the navigable waters of the United States or adjoining shorelines. | ||||
| 33:33:2.0.1.5.25.1.194.15 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.172 Notification of a suspension order. | USCG | (a) If the COTP has grounds for an immediate suspension of or is considering suspending a Certificate of Adequacy, the COTP notifies the person in charge of the intended action. Each notification of a suspension order, whether oral or written, includes— (1) The grounds for the suspension; (2) The date when the suspension becomes effective; and (3) Information on how the suspension may be withdrawn, including all corrective actions required. (b) If the suspension order is made orally, the COTP issues a suspension order in writing within five days after the initial notification. | ||||
| 33:33:2.0.1.5.25.1.194.16 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.174 Suspension of a Certificate of Adequacy: Procedure. | USCG | (a) If no evidence or arguments are submitted in response to a notification of a suspension order, the suspension is effective on the date stated in the order. (b) If any petition for withdrawing a suspension order is submitted in response to a notification of a suspension order, the COTP considers the evidence or arguments and notifies the person in charge of any action taken including— (1) Denial of the petition for withdrawing a suspension order; (2) Initiation of civil or criminal penalty action under subpart 1.07 of part 1 of this chapter; or (3) Withdrawing the suspension order. | ||||
| 33:33:2.0.1.5.25.1.194.17 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.176 Effect of suspension of a Certificate of Adequacy. | USCG | After the COTP notifies the person in charge and places a suspension order in effect, the COTP denies entry of ships to the port or terminal while the Certificate of Adequacy is suspended. | ||||
| 33:33:2.0.1.5.25.1.194.18 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.178 Actions during a suspension. | USCG | (a) If a Certificate of Adequacy is suspended for longer than a five day period, the person in charge shall return it to the COTP within five days after the suspension becomes effective. (b) After the suspension is in effect, the COTP may— (1) Terminate the suspension order after receiving information from the person in charge that corrective action has been taken; or (2) Revoke the Certificate of Adequacy if no significant action is undertaken by the person in charge to meet any measures ordered by the COTP. | ||||
| 33:33:2.0.1.5.25.1.194.19 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.180 Certificate of Adequacy: Procedures after revocation or the part no longer applies. | USCG | (a) If a Certificate of Adequacy is revoked, the person in charge shall return it to the COTP within five days after the revocation becomes effective. (b) When this part no longer applies to the port or terminal, the person in charge shall return the Certificate of Adequacy to the COTP within 30 days after this part no longer applies. (c) After the Certificate of Adequacy has been returned to the COTP under paragraph (a) or (b) of this section, an application for a new Certificate of Adequacy may be submitted under § 158.140. | ||||
| 33:33:2.0.1.5.25.1.194.2 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.110 Applicability. | USCG | [CGD 88-002, 54 FR 18407, Apr. 28, 1989, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | (a) Subparts B, C, and E apply to each port and each terminal located in the United States or subject to the jurisdiction of the United States that is— (1) Used by oceangoing tankers, or any other oceangoing ships of 400 gross tons or more, carrying oily mixtures, or by oceangoing ships to transfer NLSs, except those ports and terminals that are used only by— (i) Tank barges that are not configured and are not equipped to ballast or wash cargo tanks while proceeding enroute; (ii) Ships carrying NLS operating under waivers under 46 CFR 153.491(b); or (2) A ship repair yard that services oceangoing ships carrying oil or NLS residue. (b) Subpart D applies to each port and terminal located in the United States or subject to the jurisdiction of the United States. | |||
| 33:33:2.0.1.5.25.1.194.20 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.190 Appeals. | USCG | [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR 38439, July 7, 2014] | (a) Any person directly affected by an action taken under this part may request reconsideration by the Coast Guard officer responsible for that action. (b) Except as provided under paragraph (e) of this section, the person affected who is not satisfied with a ruling after having it reconsidered under paragraph (a) of this section may— (1) Appeal that ruling in writing within 30 days after the ruling to the Coast Guard District Commander of the district in which the action was taken; and (2) Supply supporting documentation and evidence that the appellant wishes to have considered. (c) The District Commander issues a ruling after reviewing the appeal submitted under paragraph (b) of this section. Except as provided under paragraph (e) of this section, the person affected who is not satisfied with this ruling may— (1) Appeal that ruling in writing within 30 days after the ruling to the Commandant (CG-5P), Attn: Deputy for Operations Policy and Capabilities, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501; and (2) Supply supporting documentation and evidence that the appellant wishes to have considered. (d) After reviewing the appeal submitted under paragraph (c) of this section, the Assistant Commandant for Marine Safety, Security and Environmental Protection issues a ruling which is final agency action. (e) If the delay in presenting a written appeal has an adverse impact on the operations of the appellant, the appeal under paragraph (b) or (c) of this section— (1) May be presented orally; and (2) Must be submitted in writing within five days after the oral presentation— (i) With the basis for the appeal and a summary of the material presented orally; and (ii) To the same Coast Guard official who heard the oral presentation. | |||
| 33:33:2.0.1.5.25.1.194.3 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.115 Penalties for violation. | USCG | [CGD 88-002, 54 FR 18407, Apr. 28, 1989] | (a) A person who violates MARPOL 73/78, the Act, or the regulations of this part is liable for a civil penalty not to exceed $25,000 for each violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation constitutes a separate violation. (b) A person who makes a false, fictitious statement or fraudulent representation in any matter in which a statement or representation is required to be made to the Coast Guard under MARPOL 73/78, the Act, or the regulations of this part, is liable for a civil penalty not to exceed $5,000 for each statement or representation, as provided by 33 U.S.C. 1908(b)(2). (c) A person who knowingly violates MARPOL 73/78, the Act, or the regulations of this part is liable for a fine for each violation, of not more than $50,000 dollars, or imprisonment for not more than 5 years, or both, as provided by 33 U.S.C. 1908(a). | |||
| 33:33:2.0.1.5.25.1.194.4 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.120 Definitions. | USCG | [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR 18407, Apr. 28, 1989; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001; USCG-2008-0179, 73 FR 35015, June 19, 2008] | As used in this part: Bunker oil means oil loaded into bunker tanks for use as fuel. Captain of the Port (COTP) means the Coast Guard officer commanding a Captain of the Port Zone described in part 3 of this chapter. Certificate of Adequacy means a document issued by the Coast Guard or other authorized agency that certifies a port or terminal meets the requirements of this part with respect to reception facilities required under the Act and MARPOL 73/78, and has Form A, Form B, or Form C attached. Clean ballast has the same meaning as in § 157.03(e) of this chapter. Commandant means Commandant, U.S. Coast Guard. Commercial fishing facility means docks, piers, processing houses, or other facilities which receive commercial fishery products from ships. Daily vessel average means the total number of oceangoing tankers, or any other oceangoing ships of 400 gross tons or more, carrying residues and mixtures containing oil, serviced over a typical continuous 12 month period, divided by 365. Form A means the application for a reception facility Certificate of Adequacy for oil, Coast Guard form USCG-CG-5401A (9-85). Form B means the application for a reception facility Certificate of Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87). Form C means the application for a Certificate of Adequacy for a Reception Facility for Garbage, Coast Guard form USCG-CG-5401C. “Garbage” means all kinds of victual, domestic, and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically, except dishwater, graywater, and those substances that are defined or listed in other annexes to MARPOL 73/78. “Harmful substance” means any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, and includes any substance subject to control by MARPOL 73/78. High viscosity NLS inclu… | |||
| 33:33:2.0.1.5.25.1.194.5 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.130 Delegations. | USCG | [CGD 88-002, 54 FR 18408, Apr. 28, 1989] | Each COTP is delegated the authority to— (a) Conduct inspections at ports and terminals required to have reception facilities under this part; (b) Issue Certificates of Adequacy; (c) Grant waivers under § 158.150; (d) Designate ports; and (e) Deny entry of ships to any port or terminal, except when a ship is entering under force majeure, that does not have— (1) A Certificate of Adequacy if required under § 158.135; or (2) Reception facilities for garbage required under subpart D of this part. | |||
| 33:33:2.0.1.5.25.1.194.6 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.133 Which ports and terminals must provide reception facilities? | USCG | [CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | (a) A port or terminal which receives oceangoing tankers, or any other oceangoing ship of 400 gross tons or more, carrying oily mixtures, must have a reception facility which meets subpart B of this part. (b) A port or terminal which receives oceangoing ships carrying NLSs must have a reception facility which meets subpart C of this part. (c) All ports and terminals under the jurisdiction of the United States, including commercial fishing facilities, mineral and oil shorebases, and recreational boating facilities, must have a reception facility which meets subpart D of this part. | |||
| 33:33:2.0.1.5.25.1.194.7 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.135 Which ports and terminals must have Certificates of Adequacy? | USCG | [CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | To continue to receive ships, a port or terminal must hold one or more Certificates of Adequacy to show compliance with— (a) Subpart B of this part if it receives oceangoing tankers, or any other oceangoing ship of 400 gross tons or more, carrying oily mixtures. (b) Subpart C of this part if it receives oceangoing ships carrying NLSs. (c) Subpart D of this part if it receives— (1) The ships under paragraph (a) or (b) of this section; or (2) Fishing vessels which offload more than 500,000 pounds of commercial fishery products from all ships during a calendar year. | |||
| 33:33:2.0.1.5.25.1.194.8 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.140 Applying for a Certificate of Adequacy. | USCG | [CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; 61 FR 36629, July 12, 1996] | (a) To continue to receive ships at a port or terminal required by § 158.135 to have a Certificate of Adequacy for its reception facilities, the person in charge must apply to the Coast Guard for a certificate as follows: (1) Applicants for a Certificate of Adequacy required by § 158.135(a) or (b) must apply to the COTP of the Zone in which the port or terminal is located using Form A or Form B, respectively. (2) An applicant for a Certificate of Adequacy required by section 158.135(c) must apply on Form C to the COTP of the Zone in which the port or terminal is located. (b) Applications for Certificates of Adequacy, Forms A, B, or C, may be obtained from the local Coast Guard COTP. | |||
| 33:33:2.0.1.5.25.1.194.9 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | A | Subpart A—General | § 158.150 Waivers and alternatives. | USCG | (a) If the person in charge believes that a requirement in this part is unreasonable or impracticable for the port's or terminal's operations, the person in charge may submit a request for a waiver to the COTP. This application must— (1) Be in writing; and (2) Include the— (i) Reasons why the requirement is unreasonable or impracticable; (ii) Proposed alternatives that meet MARPOL 73/78; and (iii) Additional information requested by the COTP. (b) If the COTP allows the alternative proposed under paragraph (a)(2)(ii) of this section, the waiver— (1) Is in writing; and (2) States each alternative that applies and the requirement under this part for which the alternative is substituted. (c) The person in charge shall ensure that each waiver issued under paragraph (b) of this section is attached to the Certificate of Adequacy issued for the port or terminal. | ||||
| 33:33:2.0.1.5.25.2.195.1 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | B | Subpart B—Criteria for Reception Facilities: Oily Mixtures | § 158.200 General. | USCG | [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | (a) Except as allowed in paragraph (b) of this section, the facility used to meet Regulation 12 of Annex I to MARPOL 73/78 must— (1) Be a reception facility as defined under § 158.120 that is available at the port or terminal; (2) Hold each Federal, State, and local permit and license required by environmental laws and regulations concerning oily mixtures; and (3) Be capable of— (i) Receiving oily mixtures from oceangoing ships within 24 hours after notice by that ship; (ii) Completing the reception of ballast water containing oily mixtures from the ship in less than 10 hours after waste transfer operations begin; and (iii) Completing the reception of other oily mixtures in less than 4 hours after the transfer operation begins. (b) Reception facilities for ship repair yards do not have to meet paragraphs (a)(3)(i) through (a)(3)(iii) of this section, but must be capable of completing transfer of oily mixtures from each oceangoing ship before the ship departs from the ship repair yard. | |||
| 33:33:2.0.1.5.25.2.195.2 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | B | Subpart B—Criteria for Reception Facilities: Oily Mixtures | § 158.210 Ports and terminals loading crude oil. | USCG | [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | The reception facility for a crude oil loading port or terminal must have the capacity for receiving— (a) Oil residue from on-board fuel and lubricating oil processing in the amount of 10 metric tons (11 short tons); (b) Bilge water containing oily mixtures in the amount of 10 metric tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by the daily vessel average, whichever quantity is greater; and (c) Ballast water containing oily mixtures in the amount of 30% of the deadweight tonnage of the largest of the oceangoing tankers loading crude oil at the port or terminal that do not have clean ballast tanks (CBT), segregated ballast tanks (SBT), or crude oil washing (COW) meeting part 157 of this subchapter, multiplied by one or the daily vessel average, whichever quantity is greater. | |||
| 33:33:2.0.1.5.25.2.195.3 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | B | Subpart B—Criteria for Reception Facilities: Oily Mixtures | § 158.220 Ports and terminals loading more than 1,000 metric tons of oil other than crude oil or bunker oil. | USCG | [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | The reception facility for an oil loading port or terminal that loads a daily average of more than 1,000 metric tons (1,100 short tons) of oil other than crude oil or bunker oil to oceangoing tankers must have the capacity for receiving— (a) Oil residue from on-board fuel and lubricating oil processing in the amount of 10 metric tons (11 short tons); (b) Bilge water containing oily mixtures in the amount of 10 metric tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by the daily vessel average, whichever quantity is greater; (c) Ballast water containing oily mixtures in the amount of 30% of the deadweight tonnage of the largest of the oceangoing tankers loading oil other than crude oil or bunker oil, at the port or terminal, that do not have CBT or SBT meeting part 157 of this chapter, multiplied by one or the daily vessel average, whichever quantity is greater; and (d) Oil cargo residue in the amount of 0.2% of the total cargo capacity of the largest of the oceangoing tankers loading oil other than crude oil or bunker oil, at the port or terminal, multiplied by one or the daily vessel average, whichever quantity is greater. | |||
| 33:33:2.0.1.5.25.2.195.4 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | B | Subpart B—Criteria for Reception Facilities: Oily Mixtures | § 158.230 Ports and terminals other than ports and terminals under §§ 158.210, 158.220, and 158.240. | USCG | [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR 7764, Mar. 12, 1987; USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | Reception facilities for ports and terminals other than those under §§ 158.210, 158.220, and 158.240 of this subpart and those that are used exclusively by non-self-propelled tank barges, must have the capacity for receiving— (a) Oil residue from on-board fuel and lubricating oil processing in the amount of 10 metric tons (11 short tons), or 1 metric ton (1.1 short tons) multiplied by the daily vessel average, whichever quantity is greater; and (b) Bilge water containing oily mixtures in the amount of 10 metric tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by the daily vessel average, whichever quantity is greater. | |||
| 33:33:2.0.1.5.25.2.195.5 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | B | Subpart B—Criteria for Reception Facilities: Oily Mixtures | § 158.240 Ship repair yards. | USCG | [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | The reception facility that services oceangoing ships using a ship repair yard must have a capacity for receiving— (a) An amount of ballast from bunker tanks, and the wash water and oil residue from the cleaning of bunker tanks and oil residue (sludge) tanks, equal to 8 percent of the bunker capacity of the largest oceangoing ship serviced; (b) An amount of solid oil cargo residues from cargo tanks equal to 0.1 percent of the deadweight tonnage of the largest oceangoing tanker serviced; (c) An amount of ballast water containing oily mixtures and wash water from in-port tank washing equal to— (1) 1,500 metric tons (1,650 short tons), or; (2) 4 1/2 % of the deadweight tonnage of the largest oceangoing tanker serviced; and (d) An amount of liquid oil cargo residue based on the following percentages of deadweight tonnage of the largest oceangoing tanker serviced: (1) For crude oil oceangoing tankers, 1%. (2) For black product oceangoing tankers, 0.5% (3) For white product oceangoing tankers, 0.2% | |||
| 33:33:2.0.1.5.25.2.195.6 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | B | Subpart B—Criteria for Reception Facilities: Oily Mixtures | § 158.250 Standard discharge connection. | USCG | [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] | Each reception facility that received bilge water containing oily mixtures must have a standard discharge connection that— (a) Meets § 155.430 of this subchapter; and (b) Attaches to each hose or pipe that removes bilge water containing oily mixtures from oceangoing ships. | |||
| 33:33:2.0.1.5.25.3.195.1 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | C | Subpart C—Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue | § 158.300 Purpose. | USCG | The purpose of this subpart is to supply the criteria needed for ports and terminals under § 158.110 used by oceangoing ships carrying NLS cargo or NLS residue to meet Regulation 7 of Annex II to MARPOL 73/78. | ||||
| 33:33:2.0.1.5.25.3.195.2 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | C | Subpart C—Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue | § 158.310 Reception facilities: General. | USCG | (a) Except as allowed in paragraph (b) of this section, each reception facility, in order to pass the inspection under § 158.160, must— (1) Be a reception facility as defined under § 158.120; (2) Be available at the port or terminal; (3) Meet the requirements of § 158.320; (4) Hold each Federal, State, and local permit and license required by environmental laws and regulations concerning NLS residue; (5) Be capable of receiving NLS residue from an oceangoing ship within 24 hours after notice by that ship of the need for reception facilities; and (6) Be capable of completing the transfer of NLS residue within 10 hours after the transfer of NLS residue begins. (b) A reception facility for a ship repair yard does not have to meet the requirements of paragraphs (a)(5) and (a)(6) of this section if it is capable of completing transfer of NLS residue from an oceangoing ship before the ship departs from the yard. | ||||
| 33:33:2.0.1.5.25.3.195.3 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | C | Subpart C—Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue | § 158.320 Reception facilities: Capacity, and exceptions. | USCG | (a) Except as allowed in paragraph (b) of this section, each day the port or terminal is in operation, the port or terminal must have a reception facility that is capable of receiving— (1) 75 cubic meters (19,810 gallons) of NLS residue for each regulated NLS cargo that is a solidifying Category A NLS; or (2) 50 cubic meters (13,210 gallons) of NLS residue for each regulated NLS cargo that is not a solidifying Category A. (b) The port or terminal need only meet § 158.330 if it is used by ships that only transfer Category B or C NLS cargoes that are not high viscosity or solidifying Category B or C NLSs. (c) For each category of NLS cargo carried on a ship, each day a ship repair yard is in operation and being used by a ship that must discharge NLS residue in order to proceed with repair work, the ship repair yard must have a reception facility that is capable of receiving— (1) 50 cubic meters (13,210 gallons) of NLS residue that contains a— (i) Category A NLS that is not a solidifying NLS; (ii) Category B NLS; or (iii) Category C NLS; or (iv) Category D NLS; or (2) 75 cubic meters (19,810 gallons) of NLS residue that contains a Category A NLS that is a solidifying NLS cargo. | ||||
| 33:33:2.0.1.5.25.3.195.4 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | C | Subpart C—Criteria for Certifying That a Port's or Terminal's Facilities Are Adequate for Receiving NLS Residue | § 158.330 Ports and terminals: Equipment. | USCG | Each port and terminal except ship repair yards, in order to pass the inspection under § 158.160, must— (a) At mean low tide and with the ship's manifold 10 feet above the surface of the water, be capable of receiving Category B or C NLS cargo during the stripping operations at an average flow rate of 6 cubic meters (1584 gallons) per hour without the backpressure at the ship's manifold exceeding 101.6 kPa (14.7 pounds per square inch gauge) pressure; and (b) Have an instruction manual that lists the equipment and procedures for meeting paragraph (a) of this section. The instruction manual may be made part of the operations manual that is required under § 154.300 of this chapter. | ||||
| 33:33:2.0.1.5.25.4.195.1 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | D | Subpart D—Criteria for Adequacy of Reception Facilities: Garbage | § 158.400 Purpose. | USCG | The purpose of this subpart is to supply the criteria for determining the adequacy of reception facilities for garbage at ports and terminals that receive ships and to comply with the Act and Regulation 7 of Annex V to MARPOL 73/78. | ||||
| 33:33:2.0.1.5.25.4.195.2 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | D | Subpart D—Criteria for Adequacy of Reception Facilities: Garbage | § 158.410 Reception facilities: General. | USCG | (a) Except as allowed in paragraph (b) of this section, the person in charge of a port or terminal shall ensure that each port or terminal's reception facility. (1) Is capable after August 28, 1989 of receiving APHIS regulated garbage at a port or terminal no later than 24 hours after notice under § 151.65 of this chapter is given to the port or terminal, unless it only receives ships that— (i) Operate exclusively within the navigable waters of the United States; (ii) Operate exclusively between ports or terminals in the continental United States; or (iii) Operate exclusively between continental United States ports or terminals and Canadian ports or terminals. (2) Is capable of receiving medical wastes or hazardous wastes defined in 40 CFR 261.3, unless the port or terminal operator can provide to the master, operator, or person in charge of a ship, a list of persons authorized by federal, state, or local law or regulation to transport and treat such wastes; (3) Is arranged so that it does not interfere with port or terminal operations; (4) Is conveniently located so that mariners unfamiliar with the port or terminal can find it easily and so that it's use will not be discouraged; (5) Is situated so that garbage from ships which has been placed in it cannot readily enter the water; and (6) Holds each federal, state, and local permit or license required by environmental and public health laws and regulations concerning garbage handling. (b) A reception facility for a ship repair yard does not have to meet the requirements of paragraph (a)(1) of this section if it is capable of handling the transfer of garbage from a ship before the ship departs from the yard. The U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) requires victual wastes or garbage contaminated by victual wastes, except from vessels that operate only between the continental United States and Canadian ports, to be incinerated or sterilized in accordance with their regulations in 7 CFR 330.400 and 9 CFR 94.… | ||||
| 33:33:2.0.1.5.25.4.195.3 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | D | Subpart D—Criteria for Adequacy of Reception Facilities: Garbage | § 158.420 Reception facilities: Capacity and exceptions. | USCG | Each day a port or terminal is in operation, the person in charge of a port or terminal must provide, or ensure the availability of, a reception facility that is capable of receiving all garbage that the master or person who is in charge of a ship desires to discharge, except— (a) Large quantities of spoiled or damaged cargoes not usually discharged by a ship; or (b) Garbage from ships not having commercial transactions with that port or terminal. | ||||
| 33:33:2.0.1.5.25.5.195.1 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | E | Subpart E—Port and Terminal Operations | § 158.500 Draining cargo area and piping systems. | USCG | The person in charge shall ensure that each cargo hose and each piping system containing NLS received from each oceangoing ship carrying NLS cargo is not drained back into the ship. | ||||
| 33:33:2.0.1.5.25.5.195.2 | 33 | Navigation and Navigable Waters | I | O | 158 | PART 158—RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND GARBAGE | E | Subpart E—Port and Terminal Operations | § 158.520 Following the instruction manual. | USCG | The person in charge shall ensure that the instruction manual under § 158.330(b) is followed during the transfer of any NLS. | ||||
| 40:40:26.0.1.1.9.1.1.1 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.1 Purpose and scope. | EPA | [72 FR 60957, Oct. 26, 2007, as amended at 78 FR 26978, May 8, 2013; 87 FR 22474, Apr. 15, 2022] | (a) Purpose. The purpose of this part is to specify the kinds of data and information EPA requires in order to make regulatory judgments under FIFRA secs. 3, 4, and 5 about the risks and benefits of pesticide products. Further, this part specifies the data and information needed to determine the safety of pesticide chemical residues under FFDCA sec. 408. (b) Scope. (1) This part describes the minimum data and information EPA typically requires to support an application for pesticide registration or amendment; support the reregistration of a pesticide product; support the maintenance of a pesticide registration by means of the data call-in process, e.g., as used in the registration review program; or establish or maintain a tolerance or exemption from the requirements of a tolerance for a pesticide chemical residue. (2) This part establishes general policies and procedures associated with the submission of data in support of a pesticide regulatory action. (3) This part does not include study protocols, methodology, or standards for conducting or reporting test results; nor does this part describe how the Agency uses or evaluates the data and information in its risk assessment and risk management decisions, or the regulatory determinations that may be based upon the data. (c) Scope of individual subparts. (1) Conventional pesticides. Subparts A, B, C, D, E, F, G, K, L, N, O, and R apply to conventional pesticides. (2) Biochemical pesticides. Subparts A, B, E, R, and U apply to biochemical pesticides. (3) Microbial pesticides. Subparts A, B, E, R, and V apply to microbial pesticides. (4) Antimicrobial pesticides. Subparts A, B, C, D, E, R, and W of this part apply to antimicrobial pesticides. | |||
| 40:40:26.0.1.1.9.1.1.10 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.70 Satisfying data requirements. | EPA | (a) General policy. The Agency will determine whether the data submitted or cited to fulfill the data requirements specified in this part are acceptable. This determination will be based on the design and conduct of the experiment from which the data were derived, and an evaluation of whether the data fulfill the purpose(s) of the data requirement. In evaluating experimental design, the Agency will consider whether generally accepted methods were used, sufficient numbers of measurements were made to achieve statistical reliability, and sufficient controls were built into all phases of the experiment. The Agency will evaluate the conduct of each experiment in terms of whether the study was conducted in conformance with the design, good laboratory practices were observed, and results were reproducible. The Agency will not reject data merely because they were derived from studies which, when initiated, were in accordance with an Agency-recommended protocol, even if the Agency subsequently recommends a different protocol, as long as the data fulfill the purposes of the requirements as described in this paragraph. (1) The provisions in this part 158 should be read in conjunction with the provisions in § 152.85 to claim eligibility for the formulators' exemption. (2) [Reserved] (b) Good laboratory practices. Applicants must adhere to the good laboratory practice (GLP) standards described in 40 CFR part 160 when conducting studies. Applicants must also adhere to GLP standards when conducting a study in support of a waiver request of any data requirement which is within the scope of the GLP requirements. (c) Agency guidelines. EPA has published Test Guidelines that contain standards for conducting acceptable tests, guidance on the evaluation and reporting of data, definition of terms, and suggested study protocols. Copies of the Test Guidelines may be obtained by visiting the agency's website at www.epa.gov/pesticides. (d) Study protocols —(1) General. Any appropriate protocol may be used to generate the d… | ||||
| 40:40:26.0.1.1.9.1.1.11 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.75 Requirements for additional data. | EPA | The data routinely required by this part may not be sufficient to permit EPA to evaluate every pesticide product. If the information required under this part is not sufficient to evaluate the potential of the product to cause unreasonable adverse effects on man or the environment, additional data requirements will be imposed. However, EPA expects that the information required by this part will be adequate in most cases for an assessment of the properties and effects of the pesticide. | ||||
| 40:40:26.0.1.1.9.1.1.12 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.80 Use of other data. | EPA | (a) Data developed in foreign countries. With certain exceptions, laboratory and field study data developed outside the United States may be submitted in support of a pesticide registration. Data generated in a foreign country which the Agency will not consider include, but are not limited to, data from tests which involved field test sites or a test material, such as a native soil, plant, or animal, that is not characteristic of the United States. Applicants submitting foreign data must take steps to ensure that U.S. materials are used, or be prepared to supply data or information to demonstrate the lack of substantial or relevant differences between the selected material or test site and the U.S. material or test site. Once submitted, the Agency will determine whether or not the data meet the data requirements. (b) Data generated for other purposes. Data developed for purposes other than satisfaction of FIFRA data requirements, such as monitoring studies, may also satisfy data requirements in this part. Consultation with the Agency should be arranged if applicants are unsure about suitability of such data. | ||||
| 40:40:26.0.1.1.9.1.1.2 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.3 Definitions. | EPA | All terms defined in sec. 2 of the Federal Insecticide, Fungicide, and Rodenticide Act apply to this part and are used with the meaning given in the Act. Applicable terms from the Federal Food, Drug, and Cosmetic Act also apply to this part. Individual subparts may contain definitions that pertain solely to that subpart. The following additional terms apply to this part: Applicant means any person or entity, including for the purposes of this part a registrant, who submits, or is required to submit, to the Agency any application, petition, or submission intended to persuade EPA to grant, modify, or leave unmodified a registration or other approval required as a condition of sale or distribution of a pesticide. Such submissions may include, but are not limited to, the following: (1) An application for registration or amended registration of a pesticide product under FIFRA sec. 3 or 24. (2) A submission of data required in conjunction with reregistration of a currently registered product under FIFRA sec. 4. (3) An application for an experimental use permit under FIFRA sec. 5. (4) A submission of data in response to a notice issued by EPA under FIFRA sec. 3(c)(2)(B). (5) A petition to establish or modify a tolerance or an exemption from the requirement of a tolerance for a pesticide chemical residue under FFDCA sec. 408. Registration includes a new registration, amended registration and reregistration, unless stated otherwise. | ||||
| 40:40:26.0.1.1.9.1.1.3 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.5 Applicability. | EPA | (a) The requirements of this part apply to the following submissions: (1) An application for new or amended registration under FIFRA sec. 3 or 24. (2) An application for experimental use permit under FIFRA sec. 5. (3) A submission of data or information to support the continuation of a registration under FIFRA sec. 3, 4, or 24. (4) A petition to establish, modify or revoke a tolerance or exemption from a tolerance under FFDCA sec. 408. (b) The information specified in this part must be furnished with each submission described in paragraph (a) of this section if it has not been submitted previously, or if any previous submission is not accurate or complete. | ||||
| 40:40:26.0.1.1.9.1.1.4 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.30 Flexibility. | EPA | (a) FIFRA provides EPA flexibility to require, or not require, data and information for the purposes of making regulatory judgments for pesticide products. EPA has the authority to establish or modify data needs for individual pesticide chemicals. The actual data required may be modified on an individual basis to fully characterize the use and properties, characteristics, or effects of specific pesticide products under review. The Agency encourages each applicant to consult with EPA to discuss the data requirements particular to its product prior to and during the registration process. (b) The Agency cautions applicants that the data routinely required in this part may not be sufficient to permit EPA to evaluate the potential of the product to cause unreasonable adverse effects to man or the environment. EPA may require the submission of additional data or information beyond that specified in this part if such data or information are needed to appropriately evaluate a pesticide product. (c) This part will be updated as needed to reflect evolving program needs and advances in science. | ||||
| 40:40:26.0.1.1.9.1.1.5 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.32 Format of data submissions. | EPA | (a) General. (1) All data submitted under this part must be formatted in accordance with this section. (2) The requirements of this section do not apply to administrative materials accompanying a data submission, including forms, labeling, and correspondence. (b) Transmittal document. Each submission in support of a regulatory action must be accompanied by a transmittal document, which includes: (1) Identity of the submitter. (2) The transmittal date. (3) Identification of the regulatory action with which the submission is associated, e.g., the registration or petition number. (4) A list of the individual documents included in the submission. (c) Individual documents. Unless otherwise specified by the Agency, each submission must be in the form of individual documents or studies. Previously submitted documents should not be resubmitted unless specifically requested by the Agency, but should be cited with adequate information to identify the previously submitted document. Each study or document should include the following: (1) A title page including the following information: (i) The title of the study, including identification of the substance(s) tested and the test name or data requirement addressed. (ii) The author(s) of the study. (iii) The date the study was completed. (iv) If the study was performed in a laboratory, the name and address of the laboratory, project numbers or other identifying codes. (v) If the study is a commentary on or supplement to another previously submitted study, full identification of the other study with which it should be associated in review. (vi) If the study is a reprint of a published document, all relevant facts of publication, such as the journal title, volume, issue, inclusive page numbers, and date of publication. (2) The appropriate statement(s) regarding any data confidentiality claims as described in § 158.33. (3) A statement of compliance or non-compliance with respect to Good Laboratory Practice Standards as required by 40 CFR 160.12, if applicabl… | ||||
| 40:40:26.0.1.1.9.1.1.6 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.33 Confidential data. | EPA | (a) Definitions. For the purposes of this section: (1) Registered or previously registered pesticide means any pesticide containing an active ingredient contained in a product that is, or has ever been, an active ingredient in a product registered under sec. 3 of FIFRA. A registered pesticide that is the subject of an application for a new use falls within the category of “registered or previously registered pesticide.” (2) Safety and efficacy information means information concerning the objectives, methodology, results, or significance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products, and any information concerning the effects of such pesticide on any organism or the behavior of such pesticide in the environment, including, but not limited to, data on safety to fish and wildlife, humans and other mammals, plants, animals, and soil, and studies on persistence, translocation and fate in the environment, and metabolism. (b) Applicability. (1) This section applies to information submitted pursuant to this part. It supplements the general confidentiality procedures in 40 CFR part 2, subpart B, including FIFRA confidentiality procedures at 40 CFR 2.307. To the extent that provisions in this section conflict with those in 40 CFR part 2, subpart B, the provisions in this section take precedence. The provisions of 40 CFR 2.308 do not apply to information to which this section applies. In addition to complying with the requirements of this section, any confidentiality claims for information subject to 40 CFR part 174 (plant-incorporated protectants) must be substantiated at the time of submission as described in § 174.9 of this chapter. (2) FFDCA sec. 408(i) protects confidential information submitted in connection with an application for a tolerance or exemption to the same extent as FIFRA sec. 10. References in this section to FIFRA sec. 10 are deemed to apply equally to information submitted pursua… | ||||
| 40:40:26.0.1.1.9.1.1.7 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.34 Flagging of studies for potential adverse effects. | EPA | (a) Any applicant who submits a study of a type listed in paragraph (b) of this section must submit with the study a statement in accordance with paragraph (c) of this section. (b) The following table indicates the study types and the criteria to be applied to each. Column 1 lists the study types by name. Column 2 lists the associated Pesticide Assessment Guideline number. Column 3 lists the criteria applicable to each type of study. Column 4 lists the reporting code to be included in the statement specified in paragraph (c) of this section when any criterion is met or exceeded. Table—Flagging Criteria (c) Identification of studies. For each study of a type identified in paragraph (b) of this section, the applicant shall include the appropriate one of the following two statements, together with the signature of the authorized representative of the company, and the date of signature: (1) Study does not meet or exceed criteria. I have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study neither meets nor exceeds any of the applicable criteria. I have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study neither meets nor exceeds any of the applicable criteria. (2) Study meets or exceeds criteria. I have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study meets or exceeds the criteria numbered [insert all applicable reporting codes]. I have applied the criteria of 40 CFR 158.34 for flagging studies for potential adverse effects to the results of the attached study. This study meets or exceeds the criteria numbered [insert all applicable reporting codes]. | ||||
| 40:40:26.0.1.1.9.1.1.8 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.45 Waivers. | EPA | (a) The data requirements specified in this part as applicable to a category of products will not always be appropriate for every product in that category. Some products may have unusual physical, chemical, or biological properties or atypical use patterns which would make particular data requirements inappropriate, either because it would not be possible to generate the required data or because the data would not be useful in the Agency's evaluation of the risks or benefits of the product. The Agency will waive data requirements it finds are inappropriate, but will ensure that sufficient data are available to make the determinations required by the applicable statutory standards. (b)(1) Applicants are encouraged to discuss a data waiver request with the Agency before developing and submitting supporting data, information, or other materials. (2) All waiver requests must be submitted to the Agency in writing. The request must clearly identify the data requirement(s) for which a waiver is sought along with an explanation and supporting rationale why the applicant believes the data requirement should be waived. In addition, the applicant must describe any unsuccessful attempts to generate the required data, furnish any other information which the applicant(s) believe(s) would support the request, and when appropriate, suggest alternative means of obtaining data to address the concern which underlies the data requirement. (c) The Agency will review each waiver request and subsequently inform the applicant in writing of its decision. If the decision could apply to more than the requested product, the Agency, in its discretion, may choose to send a notice to all registrants or publish a notice in the Federal Register announcing the decision. An Agency decision denying a written request to waive a data requirement is a final Agency action. | ||||
| 40:40:26.0.1.1.9.1.1.9 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | A | Subpart A—General Provisions | § 158.60 Minor use data policies. | EPA | FIFRA sec. 2(ll) defines the term “minor use”and FIFRA provides a number of statutory provisions concerning minor uses. In addition, EPA has established policies with respect to minor uses of pesticides, including, but not limited to, the following: (a) A new data requirement pertinent to both an unregistered minor use and a registered major use will not be applied to a minor use applicant until it is applied to the major use registration. (b) EPA will accept appropriate and adequate extrapolations and regional data to support establishment of individual minor use tolerances. | ||||
| 40:40:26.0.1.1.9.10.1.1 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | L | Subpart L—Spray Drift | § 158.1100 Spray drift data requirements table. | EPA | (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the spray drift data requirements for a particular pesticide product. Notes that apply to an individual test, including specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop and terrestrial nonfood crop. The aquatic use pattern includes products classified under the general use patterns of aquatic food crop and aquatic nonfood. The greenhouse use pattern includes products classified under the general use patterns of greenhouse food crop and greenhouse nonfood crop. Data are also required for the general use patterns of forestry use, residential outdoor use, and indoor use. (c) Key. CR = Conditionally required; NR = Not required; TEP = Typical end-use product; MP = Manufacturing use product; EP = End-use product. (d) Table. The following table lists the data requirements that pertain to spray drift. The table notes are shown in paragraph (e) of this section. Table—Spray Drift Data Requirements (e) Test notes. The following notes apply to the requirements in the table to paragraph (d) of this section: 1. This study is required when aerial applications (rotary and fixed winged) and mist blower or other methods of ground application are proposed and it is estimated that the detrimental effect level of those nontarget organisms expected to be present would be exceeded. The nontarget organisms include humans, domestic animals, fish and wildlife, and nontarget plants. 2. [Reserved] 1. This study is required when aerial applications (rotary and fixed winged) and mist blower or other methods of ground application are proposed and it is estimated that the detrimental effect level of those nontarget organisms expected to be present would be exceeded. The nontarget organisms include humans, domestic animals, fish and wildlif… | ||||
| 40:40:26.0.1.1.9.12.1.1 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | N | Subpart N—Environmental Fate | § 158.1300 Environmental fate data requirements table. | EPA | (a) General. All environmental fate data, as described in paragraph (c) of this section, must be submitted to support a request for registration. (b) Use patterns. (1) The terrestrial use pattern includes products classified under the general use patterns of terrestrial food crop, terrestrial feed crop, and terrestrial nonfood. The aquatic use pattern includes the general use patterns of aquatic food crop, and aquatic nonfood. The greenhouse use pattern includes both food and nonfood uses. The indoor use pattern includes food, nonfood, and residential indoor uses. (2) Data are also required for the general use patterns of forestry use and residential outdoor use. (c) Key. CR = Conditionally required; NR = Not required; R = Required; PAIRA = Pure active ingredient radio-labeled; TGAI = Technical grade of the active ingredient; TEP = Typical end-use product. (d) Table. The following table shows the data requirements for environmental fate. The test notes are shown in paragraph (e) of this section. Table—Environmental Fate Data Requirements (e) Test notes. The following test notes apply to the requirements in the table to paragraph (d) of this section: 1. Study is required for indoor uses in cases where environmental exposure is likely to occur. Such sites include, but are not limited to, agricultural premises, in or around farm buildings, barnyards, and beehives. 2. Not required when the electronic absorption spectra, measured at pHs 5, 7, and 9, of the chemical and its hydrolytic products, if any, show no absorption or tailing between 290 and 800 nm. 3. Not required when the chemical is to be applied only by soil injection or is incorporated in the soil. 4. Requirement based on use patterns and other pertinent factors including, but not limited to, the Henry's Law Constant of the chemical. In view of methodological difficulties with the study of photodegradation in air, prior consultation with the Agency regarding the protocol is recommended before the test is performed. 5. Required fo… | ||||
| 40:40:26.0.1.1.9.13.1.1 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | O | Subpart O—Residue Chemistry | § 158.1400 Definitions. | EPA | The following terms are defined for the purposes of this subpart: Livestock , for the purposes of this section, includes all domestic animals that are bred for human consumption, including, but not limited to, cattle, swine, sheep, and poultry. Plant or animal metabolite means a pesticide chemical residue that is the result of biological breakdown of the parent pesticide within the plant or animal. Residue of concern means the parent pesticidal compound and its metabolites, degradates, and impurities of toxicological concern. Tolerance , for the purposes of this section, includes the establishment of a new tolerance or tolerance exemption, or amended tolerance or tolerance exemption. | ||||
| 40:40:26.0.1.1.9.13.1.2 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | O | Subpart O—Residue Chemistry | § 158.1410 Residue chemistry data requirements table. | EPA | (a) General. Sections 158.100 through 158.130 describe how to use this table to determine the residue chemistry data requirements for a particular pesticide product. Notes that apply to an individual test and include specific conditions, qualifications, or exceptions to the designated test are listed in paragraph (e) of this section. (b) Use patterns. (1) Data are required or conditionally required for all pesticides used in or on food and for residential outdoor uses where food crops are grown. Food use patterns include products classified under the general use patterns of terrestrial food crop use, terrestrial feed crop use, aquatic food crop use, greenhouse food crop use, and indoor food use. (2) Data may be required for nonfood uses if pesticide residues may occur in food or feed as a result of the use. Data requirements for these nonfood uses will be determined on a case-by-case basis. For example, most products used in or near kitchens require residue data for risk assessment purposes even though tolerances may not be necessary in all cases. (c) Key. R = Required; CR = Conditionally required; NR = Not required; TGAI = Technical grade of the active ingredient; PAI = Pure active ingredient; PAIRA = Pure active ingredient radio-labeled; Residue of concern= the active ingredient and its metabolites, degradates, and impurities of toxicological concern; TEP = Typical end-use product. (d) Table. The following table list the data requirements for residue chemistry related to food uses. The table notes are shown in paragraph (e) of this section. Table—Residue Chemistry Data Requirements for Food Uses (e) Test notes. The following test notes apply to the data requirements in the table to paragraph (d) of this section. 1. Required if indoor use could result in pesticide residues in or on food or feed. 2. Material safety data sheets must accompany standards as specified by OSHA in 29 CFR 1910.1200. 3. Required for residential outdoor uses on food crops if the corresponding agricultural use is not… | ||||
| 40:40:26.0.1.1.9.15.1.1 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | R | Subpart R—Product Performance for Products Claiming Effectiveness Against Invertebrate Pests | § 158.1700 General requirements. | EPA | (a) General. Each applicant must ensure through testing that their product is efficacious when used in accordance with label directions and commonly accepted pest control practices. The Agency may require, as specified herein and on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment. (1) Test substance. All product performance testing is performed using the end-use product. (2) Test organism. All product performance testing must report the species tested. (3) Testing. All products are to be tested to support the claim(s) made on the labeling of the pesticide product. (4) Data requirements. To determine the specific product performance data required to support the registration of each pesticide product, the applicant must refer to the applicable sections of this subpart. (b) Product performance data submission. Each product that bears a claim subject to this subpart, must be supported by submission of product performance data, as listed in this subpart. This product performance data must be submitted with any application for registration or amended registration. For the pest-specific claims listed in this subpart, data must be for the species specified to support the claim. For pests listed as part of a group or subgroup, pest-specific data would also need to be submitted to support a pest-specific claim. | ||||
| 40:40:26.0.1.1.9.15.1.10 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | R | Subpart R—Product Performance for Products Claiming Effectiveness Against Invertebrate Pests | § 158.1712 Mites (excluding chiggers). | EPA | (a) General. The tables and test notes in this section apply to dust, human itch or scabies, and dog follicle mites. The claim stated on the pesticide product labeling determines the required test species. The required test species for a specific type of mite claim appear in paragraph (b) of this section and the required performance standards appear in paragraph (c) of this section. (b) Test species. For pesticide products making a claim against mites, the required test species appear in the following table. Table 1 to Paragraph (b) —Required Test Species for Products Making a Claim Against Mites [Excluding chiggers] (c) Performance standards. (1) For the dog follicle mite, the performance standard is 100 percent. (2) For the human itch or scabies mite, the performance standard is 100 percent. | ||||
| 40:40:26.0.1.1.9.15.1.11 | 40 | Protection of Environment | I | E | 158 | PART 158—DATA REQUIREMENTS FOR PESTICIDES | R | Subpart R—Product Performance for Products Claiming Effectiveness Against Invertebrate Pests | § 158.1714 Chiggers. | EPA | If the pesticide product labeling makes a claim against chiggers, then testing is required using the following test species: Chigger ( Trombicula alfreddugesi ). |
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