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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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| 14:14:3.0.1.3.30.1.3.1 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | A | Subpart A—General Provisions | § 161.1 Purpose. | FAA | This part implements the Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2153, 2154, 2155, and 2156). It prescribes: (a) Notice requirements and procedures for airport operators implementing Stage 3 aircraft noise and access restrictions pursuant to agreements between airport operators and aircraft operators; (b) Analysis and notice requirements for airport operators proposing Stage 2 aircraft noise and access restrictions; (c) Notice, review, and approval requirements for airport operators proposing Stage 3 aircraft noise and access restrictions; and (d) Procedures for Federal Aviation Administration reevaluation of agreements containing restrictions on Stage 3 aircraft operations and of aircraft noise and access restrictions affecting Stage 3 aircraft operations imposed by airport operators. | ||||
| 14:14:3.0.1.3.30.1.3.2 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | A | Subpart A—General Provisions | § 161.3 Applicability. | FAA | (a) This part applies to airports imposing restrictions on Stage 2 aircraft operations proposed after October 1, 1990, and to airports imposing restrictions on Stage 3 aircraft operations that became effective after October 1, 1990. (b) This part also applies to airports enacting amendments to airport noise and access restrictions in effect on October 1, 1990, but amended after that date, where the amendment reduces or limits aircraft operations or affects aircraft safety. (c) The notice, review, and approval requirements set forth in this part apply to all airports imposing noise or access restrictions as defined in § 161.5 of this part. | ||||
| 14:14:3.0.1.3.30.1.3.3 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | A | Subpart A—General Provisions | § 161.5 Definitions. | FAA | [Docket 26432, 56 FR 48698, Sept. 25, 1991, as amended by Amdt. 161-2, 66 FR 21067, Apr. 27, 2001] | For the purposes of this part, the following definitions apply: Agreement means a document in writing signed by the airport operator; those aircraft operators currently operating at the airport that would be affected by the noise or access restriction; and all affected new entrants planning to provide new air service within 180 days of the effective date of the restriction that have submitted to the airport operator a plan of operations and notice of agreement to the restriction. Aircraft operator, for purposes of this part, means any owner of an aircraft that operates the aircraft, i.e., uses, causes to use, or authorizes the use of the aircraft; or in the case of a leased aircraft, any lessee that operates the aircraft pursuant to a lease. As used in this part, aircraft operator also means any representative of the aircraft owner, or in the case of a leased aircraft, any representative of the lessee empowered to enter into agreements with the airport operator regarding use of the airport by an aircraft. 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 noise study area means that area surrounding the airport within the noise contour selected by the applicant for study and must include the noise contours required to be developed for noise exposure maps specified in 14 CFR part 150. Airport operator means the airport proprietor. Aviation user class means the following categories of aircraft operators: air carriers operating under parts 121 or 129 of this chapter; commuters and other carriers operating under part 135 of this chapter; general aviation, military, or government operations. Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, for the period from midnight to mi… | |||
| 14:14:3.0.1.3.30.1.3.4 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | A | Subpart A—General Provisions | § 161.7 Limitations. | FAA | (a) Aircraft operational procedures that must be submitted for adoption by the FAA, such as preferential runway use, noise abatement approach and departure procedures and profiles, and flight tracks, are not subject to this part. Other noise abatement procedures, such as taxiing and engine runups, are not subject to this part unless the procedures imposed limit the total number of Stage 2 or Stage 3 aircraft operations, or limit the hours of Stage 2 or Stage 3 aircraft operations, at the airport. (b) The notice, review, and approval requirements set forth in this part do not apply to airports with restrictions as specified in 49 U.S.C. App. 2153(a)(2)(C): (1) A local action to enforce a negotiated or executed airport aircraft noise or access agreement between the airport operator and the aircraft operator in effect on November 5, 1990. (2) A local action to enforce a negotiated or executed airport aircraft noise or access restriction the airport operator and the aircraft operators agreed to before November 5, 1990. (3) An intergovernmental agreement including airport aircraft noise or access restriction in effect on November 5, 1990. (4) A subsequent amendment to an airport aircraft noise or access agreement or restriction in effect on November 5, 1990, where the amendment does not reduce or limit aircraft operations or affect aircraft safety. (5) A restriction that was adopted by an airport operator on or before October 1, 1990, and that was stayed as of October 1, 1990, by a court order or as a result of litigation, if such restriction, or a part thereof, is subsequently allowed by a court to take effect. (6) In any case in which a restriction described in paragraph (b)(5) of this section is either partially or totally disallowed by a court, any new restriction imposed by an airport operator to replace such disallowed restriction, if such new restriction would not prohibit aircraft operations in effect on November 5, 1990. (7) A local action that represents the adoption of the final portion of a program… | ||||
| 14:14:3.0.1.3.30.1.3.5 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | A | Subpart A—General Provisions | § 161.9 Designation of noise description methods. | FAA | For purposes of this part, the following requirements apply: (a) The sound level at an airport and surrounding areas, and the exposure of individuals to noise resulting from operations at an airport, must be established in accordance with the specifications and methods prescribed under appendix A of 14 CFR part 150; and (b) Use of computer models to create noise contours must be in accordance with the criteria prescribed under appendix A of 14 CFR part 150. | ||||
| 14:14:3.0.1.3.30.1.3.6 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | A | Subpart A—General Provisions | § 161.11 Identification of land uses in airport noise study area. | FAA | For the purposes of this part, uses of land that are normally compatible or noncompatible with various noise-exposure levels to individuals around airports must be identified in accordance with the criteria prescribed under appendix A of 14 CFR part 150. Determination of land use must be based on professional planning, zoning, and building and site design information and expertise. | ||||
| 14:14:3.0.1.3.30.2.3.1 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | B | Subpart B—Agreements | § 161.101 Scope. | FAA | (a) This subpart applies to an airport operator's noise or access restriction on the operation of Stage 3 aircraft that is implemented pursuant to an agreement between an airport operator and all aircraft operators affected by the proposed restriction that are serving or will be serving such airport within 180 days of the date of the proposed restriction. (b) For purposes of this subpart, an agreement shall be in writing and signed by: (1) The airport operator; (2) Those aircraft operators currently operating at the airport who would be affected by the noise or access restriction; and (3) All new entrants that have submitted the information required under § 161.105(a) of this part. (c) This subpart does not apply to restrictions exempted in § 161.7 of this part. (d) This subpart does not limit the right of an airport operator to enter into an agreement with one or more aircraft operators that restricts the operation of Stage 2 or Stage 3 aircraft as long as the restriction is not enforced against aircraft operators that are not party to the agreement. Such an agreement is not covered by this subpart except that an aircraft operator may apply for sanctions pursuant to subpart F of this part for restrictions the airport operator seeks to impose other than those in the agreement. | ||||
| 14:14:3.0.1.3.30.2.3.2 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | B | Subpart B—Agreements | § 161.103 Notice of the proposed restriction. | FAA | [Docket 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 1991] | (a) An airport operator may not implement a Stage 3 restriction pursuant to an agreement with all affected aircraft operators unless there has been public notice and an opportunity for comment as prescribed in this subpart. (b) In order to establish a restriction in accordance with this subpart, the airport operator shall, at least 45 days before implementing the restriction, publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport vicinity or airport noise study area, if one has been delineated; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) Aircraft operators providing scheduled passenger or cargo service at the airport; affected operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing non-scheduled service; (2) The Federal Aviation Administration; (3) Each Federal, state, and local agency with land use control jurisdiction within the vicinity of the airport, or the airport noise study area, if one has been delineated; (4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and (5) Community groups and business organizations that are known to be interested in the proposed restriction. (c) Each direct notice provided in accordance with paragraph (b) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the proposed restriction, including sanctions for noncompliance and a statement that it will be implemented pursuant to a signed agreement; (3) A brief discussion of the specific need for and goal of the proposed restriction; (4) Identification of the operators and the types of aircraft expected to be affected; (5) The proposed effective date of… | |||
| 14:14:3.0.1.3.30.2.3.3 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | B | Subpart B—Agreements | § 161.105 Requirements for new entrants. | FAA | (a) Within 45 days of the publication of the notice of a proposed restriction by the airport operator under § 161.103(b) of this part, any person intending to provide new air service to the airport within 180 days of the proposed date of implementation of the restriction (as evidenced by submission of a plan of operations to the airport operator) must notify the airport operator if it would be affected by the restriction contained in the proposed agreement, and either that it— (1) Agrees to the restriction; or (2) Objects to the restriction. (b) Failure of any person described in § 161.105(a) of this part to notify the airport operator that it objects to the proposed restriction will constitute waiver of the right to claim that it did not consent to the agreement and render that person ineligible to use lack of signature as ground to apply for sanctions under subpart F of this part for two years following the effective date of the restriction. The signature of such a person need not be obtained by the airport operator in order to comply with § 161.107(a) of this part. (c) All other new entrants are also ineligible to use lack of signature as ground to apply for sanctions under subpart F of this part for two years. | ||||
| 14:14:3.0.1.3.30.2.3.4 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | B | Subpart B—Agreements | § 161.107 Implementation of the restriction. | FAA | (a) To be eligible to implement a Stage 3 noise or access restriction under this subpart, an airport operator shall have the restriction contained in an agreement as defined in § 161.101(b) of this part. (b) An airport operator may not implement a restriction pursuant to an agreement until the notice and comment requirements of § 161.103 of this part have been met. (c) Each airport operator must notify the Federal Aviation Administration of the implementation of a restriction pursuant to an agreement and must include in the notice evidence of compliance with § 161.103 and a copy of the signed agreement. | ||||
| 14:14:3.0.1.3.30.2.3.5 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | B | Subpart B—Agreements | § 161.109 Notice of termination of restriction pursuant to an agreement. | FAA | An airport operator must notify the FAA within 10 days of the date of termination of a restriction pursuant to an agreement under this subpart. | ||||
| 14:14:3.0.1.3.30.2.3.6 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | B | Subpart B—Agreements | § 161.111 Availability of data and comments on a restriction implemented pursuant to an agreement. | FAA | The airport operator shall retain all relevant supporting data and all comments relating to a restriction implemented pursuant to an agreement for as long as the restriction is in effect. The airport operator shall make these materials available for inspection upon request by the FAA. The information shall be made available for inspection by any person during the pendency of any petition for reevaluation found justified by the FAA. | ||||
| 14:14:3.0.1.3.30.2.3.7 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | B | Subpart B—Agreements | § 161.113 Effect of agreements; limitation on reevaluation. | FAA | (a) Except as otherwise provided in this subpart, a restriction implemented by an airport operator pursuant to this subpart shall have the same force and effect as if it had been a restriction implemented in accordance with subpart D of this part. (b) A restriction implemented by an airport operator pursuant to this subpart may be subject to reevaluation by the FAA under subpart E of this part. | ||||
| 14:14:3.0.1.3.30.3.3.1 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | C | Subpart C—Notice Requirements for Stage 2 Restrictions | § 161.201 Scope. | FAA | (a) This subpart applies to: (1) An airport imposing a noise or access restriction on the operation of Stage 2 aircraft, but not Stage 3 aircraft, proposed after October 1, 1990. (2) An airport imposing an amendment to a Stage 2 restriction, if the amendment is proposed after October 1, 1990, and reduces or limits Stage 2 aircraft operations (compared to the restriction that it amends) or affects aircraft safety. (b) This subpart does not apply to an airport imposing a Stage 2 restriction specifically exempted in § 161.7 or a Stage 2 restriction contained in an agreement as long as the restriction is not enforced against aircraft operators that are not parties to the agreement. | ||||
| 14:14:3.0.1.3.30.3.3.2 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | C | Subpart C—Notice Requirements for Stage 2 Restrictions | § 161.203 Notice of proposed restriction. | FAA | (a) An airport operator may not implement a Stage 2 restriction within the scope of § 161.201 unless the airport operator provides an analysis of the proposed restriction, prepared in accordance with § 161.205, and a public notice and opportunity for comment as prescribed in this subpart. The notice and analysis required by this subpart shall be completed at least 180 days prior to the effective date of the restriction. (b) Except as provided in § 161.211, an airport operator must publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) Aircraft operators providing scheduled passenger or cargo service at the airport; operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing nonscheduled service that may be affected by the proposed restriction; (2) The Federal Aviation Administration; (3) Each Federal, state, and local agency with land-use control jurisdiction within the airport noise study area; (4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and (5) Community groups and business organizations that are known to be interested in the proposed restriction. (c) Each notice provided in accordance with paragraph (b) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the proposed restriction, including a statement that it will be a mandatory Stage 2 restriction, and where the complete text of the restriction, and any sanctions for noncompliance, are available for public inspection; (3) A brief discussion of the specific need for, and goal of, the restriction; (4) Identification … | ||||
| 14:14:3.0.1.3.30.3.3.3 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | C | Subpart C—Notice Requirements for Stage 2 Restrictions | § 161.205 Required analysis of proposed restriction and alternatives. | FAA | (a) Each airport operator proposing a noise or access restriction on Stage 2 aircraft operations shall prepare the following and make it available for public comment: (1) An analysis of the anticipated or actual costs and benefits of the proposed noise or access restriction; (2) A description of alternative restrictions; and (3) A description of the alternative measures considered that do not involve aircraft restrictions, and a comparison of the costs and benefits of such alternative measures to costs and benefits of the proposed noise or access restriction. (b) In preparing the analyses required by this section, the airport operator shall use the noise measurement systems and identify the airport noise study area as specified in §§ 161.9 and 161.11, respectively; shall use currently accepted economic methodology; and shall provide separate detail on the costs and benefits of the proposed restriction with respect to the operations of Stage 2 aircraft weighing less than 75,000 pounds if the restriction applies to this class. The airport operator shall specify the methods used to analyze the costs and benefits of the proposed restriction and the alternatives. (c) The kinds of information set forth in § 161.305 are useful elements of an adequate analysis of a noise or access restriction on Stage 2 aircraft operations. | ||||
| 14:14:3.0.1.3.30.3.3.4 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | C | Subpart C—Notice Requirements for Stage 2 Restrictions | § 161.207 Comment by interested parties. | FAA | Each airport operator shall establish a public docket or similar method for receiving and considering comments, and shall make comments available for inspection by interested parties upon request. Comments must be retained as long as the restriction is in effect. | ||||
| 14:14:3.0.1.3.30.3.3.5 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | C | Subpart C—Notice Requirements for Stage 2 Restrictions | § 161.209 Requirements for proposal changes. | FAA | (a) Each airport operator shall promptly advise interested parties of any changes to a proposed restriction, including changes that affect noncompatible land uses, and make available any changes to the proposed restriction and its analysis. Interested parties include those that received direct notice under § 161.203(b), or those that were required to be consulted in accordance with the procedures in § 161.211 of this part, and those that have commented on the proposed restriction. (b) If there are substantial changes to the proposed restriction or the analysis during the 180-day notice period, the airport operator shall initiate new notice following the procedures in § 161.203 or, alternatively, the procedures in § 161.211. A substantial change includes, but is not limited to, a proposal that would increase the burden on any aviation user class. (c) In addition to the information in § 161.203(c), new notice must indicate that the airport operator is revising a previous notice, provide the reason for making the revision, and provide a new effective date (if any) for the restriction. The effective date of the restriction must be at least 180 days after the date the new notice and revised analysis are made available for public comment. | ||||
| 14:14:3.0.1.3.30.3.3.6 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | C | Subpart C—Notice Requirements for Stage 2 Restrictions | § 161.211 Optional use of 14 CFR part 150 procedures. | FAA | (a) An airport operator may use the procedures in part 150 of this chapter, instead of the procedures described in §§ 161.203(b) and 161.209(b), as a means of providing an adequate public notice and comment opportunity on a proposed Stage 2 restriction. (b) If the airport operator elects to use 14 CFR part 150 procedures to comply with this subpart, the operator shall: (1) Ensure that all parties identified for direct notice under § 161.203(b) are notified that the airport's 14 CFR part 150 program will include a proposed Stage 2 restriction under part 161, and that these parties are offered the opportunity to participate as consulted parties during the development of the 14 CFR part 150 program; (2) Provide the FAA with a full text of the proposed restriction, including any sanctions for noncompliance, at the time of the notice; (3) Include the information in § 161.203 (c)(2) through (c)(5) and 161.205 in the analysis of the proposed restriction for the part 14 CFR part 150 program; (4) Wait 180 days following the availability of the above analysis for review by the consulted parties and compliance with the above notice requirements before implementing the Stage 2 restriction; and (5) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with paragraphs (b)(1) and (b)(4) of this section, and the analysis in paragraph (b)(3) of this section, together with a clear identification that the 14 CFR part 150 program includes a proposed Stage 2 restriction under part 161. (c) The FAA determination on the 14 CFR part 150 submission does not constitute approval or disapproval of the proposed Stage 2 restriction under part 161. (d) An amendment of a restriction may also be processed under 14 CFR part 150 procedures in accordance with this section. | ||||
| 14:14:3.0.1.3.30.3.3.7 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | C | Subpart C—Notice Requirements for Stage 2 Restrictions | § 161.213 Notification of a decision not to implement a restriction. | FAA | If a proposed restriction has been through the procedures prescribed in this subpart and the restriction is not subsequently implemented, the airport operator shall so advise the interested parties. Interested parties are described in § 161.209(a). | ||||
| 14:14:3.0.1.3.30.4.3.1 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.301 Scope. | FAA | (a) This subpart applies to: (1) An airport imposing a noise or access restriction on the operation of Stage 3 aircraft that first became effective after October 1, 1990. (2) An airport imposing an amendment to a Stage 3 restriction, if the amendment becomes effective after October 1, 1990, and reduces or limits Stage 3 aircraft operations (compared to the restriction that it amends) or affects aircraft safety. (b) This subpart does not apply to an airport imposing a Stage 3 restriction specifically exempted in § 161.7, or an agreement complying with subpart B of this part. (c) A Stage 3 restriction within the scope of this subpart may not become effective unless it has been submitted to and approved by the FAA. The FAA will review only those Stage 3 restrictions that are proposed by, or on behalf of, an entity empowered to implement the restriction. | ||||
| 14:14:3.0.1.3.30.4.3.10 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.319 Withdrawal or revision of restriction. | FAA | (a) The applicant may withdraw or revise a proposed restriction at any time prior to FAA approval or disapproval, and must do so if substantial changes are made as described in § 161.309. The applicant shall notify the FAA in writing of a decision to withdraw the proposed restriction for any reason. The FAA will publish a notice in the Federal Register that it has terminated its review without prejudice to resubmission. A resubmission will be considered a new application. (b) A subsequent amendment to a Stage 3 restriction that was in effect after October 1, 1990, or an amendment to a Stage 3 restriction previously approved by the FAA, is subject to the procedures in this subpart if the amendment will further reduce or limit aircraft operations or affect aircraft safety. The applicant may, at its option, revise or amend a restriction previously disapproved by the FAA and resubmit it for approval. Amendments are subject to the same requirements and procedures as initial submissions. | ||||
| 14:14:3.0.1.3.30.4.3.11 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.321 Optional use of 14 CFR part 150 procedures. | FAA | (a) An airport operator may use the procedures in part 150 of this chapter, instead of the procedures described in §§ 161.303(b) and 161.309(b) of this part, as a means of providing an adequate public notice and opportunity to comment on proposed Stage 3 restrictions, including submitted alternatives. (b) If the airport operator elects to use 14 CFR part 150 procedures to comply with this subpart, the operator shall: (1) Ensure that all parties identified for direct notice under § 161.303(b) are notified that the airport's 14 CFR part 150 program submission will include a proposed Stage 3 restriction under part 161, and that these parties are offered the opportunity to participate as consulted parties during the development of the 14 CFR part 150 program; (2) Include the information required in § 161.303(c) (2) through (5) and § 161.305 in the analysis of the proposed restriction in the 14 CFR part 150 program submission; and (3) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with the notice requirements in paragraph (b)(1) of this section and include the information required for a part 161 application in § 161.311, together with a clear identification that the 14 CFR part 150 submission includes a proposed Stage 3 restriction for FAA review and approval under §§ 161.313, 161.315, and 161.317. (c) The FAA will evaluate the proposed part 161 restriction on Stage 3 aircraft operations included in the 14 CFR part 150 submission in accordance with the procedures and standards of this part, and will review the total 14 CFR part 150 submission in accordance with the procedures and standards of 14 CFR part 150. (d) An amendment of a restriction, as specified in § 161.319(b) of this part, may also be processed under 14 CFR part 150 procedures. | ||||
| 14:14:3.0.1.3.30.4.3.12 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.323 Notification of a decision not to implement a restriction. | FAA | If a Stage 3 restriction has been approved by the FAA and the restriction is not subsequently implemented, the applicant shall so advise the interested parties specified in § 161.309(a) of this part. | ||||
| 14:14:3.0.1.3.30.4.3.13 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.325 Availability of data and comments on an implemented restriction. | FAA | The applicant shall retain all relevant supporting data and all comments relating to an approved restriction for as long as the restriction is in effect and shall make these materials available for inspection upon request by the FAA. This information shall be made available for inspection by any person during the pendency of any petition for reevaluation found justified by the FAA. | ||||
| 14:14:3.0.1.3.30.4.3.2 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.303 Notice of proposed restrictions. | FAA | (a) Each airport operator or aircraft operator (hereinafter referred to as applicant) proposing a Stage 3 restriction shall provide public notice and an opportunity for public comment, as prescribed in this subpart, before submitting the restriction to the FAA for review and approval. (b) Except as provided in § 161.321, an applicant shall publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) Aircraft operators providing scheduled passenger or cargo service at the airport; operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing nonscheduled service that may be affected by the proposed restriction; (2) The Federal Aviation Administration; (3) Each Federal, state, and local agency with land-use control jurisdiction within the airport noise study area; (4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and (5) Community groups and business organizations that are known to be interested in the proposed restriction. (c) Each notice provided in accordance with paragraph (b) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the proposed restriction (and any alternatives, in order of preference), including a statement that it will be a mandatory Stage 3 restriction; and where the complete text of the restriction, and any sanctions for noncompliance, are available for public inspection; (3) A brief discussion of the specific need for, and goal of, the restriction; (4) Identification of the operators and types of aircraft expected to be affected; (5) The proposed effective date … | ||||
| 14:14:3.0.1.3.30.4.3.3 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.305 Required analysis and conditions for approval of proposed restrictions. | FAA | Each applicant proposing a noise or access restriction on Stage 3 operations shall prepare and make available for public comment an analysis that supports, by substantial evidence, that the six statutory conditions for approval have been met for each restriction and any alternatives submitted. The statutory conditions are set forth in 49 U.S.C. App. 2153(d)(2) and paragraph (e) of this section. Any proposed restriction (including alternatives) on Stage 3 aircraft operations that also affects the operation of Stage 2 aircraft must include analysis of the proposals in a manner that permits the proposal to be understood in its entirety. (Nothing in this section is intended to add a requirement for the issuance of restrictions on Stage 2 aircraft to those of subpart C of this part.) The applicant shall provide: (a) The complete text of the proposed restriction and any submitted alternatives, including the proposed wording in a city ordinance, airport rule, lease, or other document, and any sanctions for noncompliance; (b) Maps denoting the airport geographic boundary, and the geographic boundaries and names of each jurisdiction that controls land use within the airport noise study area; (c) An adequate environmental assessment of the proposed restriction or adequate information supporting a categorical exclusion in accordance with FAA orders and procedures regarding compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321); (d) A summary of the evidence in the submission supporting the six statutory conditions for approval; and (e) An analysis of the restriction, demonstrating by substantial evidence that the statutory conditions are met. The analysis must: (1) Be sufficiently detailed to allow the FAA to evaluate the merits of the proposed restriction; and (2) Contain the following essential elements needed to provide substantial evidence supporting each condition for approval: (i) Condition 1: The restriction is reasonable, nonarbitrary, and nondiscriminatory. (A) Essential informatio… | ||||
| 14:14:3.0.1.3.30.4.3.4 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.307 Comment by interested parties. | FAA | (a) Each applicant proposing a restriction shall establish a public docket or similar method for receiving and considering comments, and shall make comments available for inspection by interested parties upon request. Comments must be retained as long as the restriction is in effect. (b) Each applicant shall submit to the FAA a summary of any comments received. Upon request by the FAA, the applicant shall submit copies of the comments. | ||||
| 14:14:3.0.1.3.30.4.3.5 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.309 Requirements for proposal changes. | FAA | (a) Each applicant shall promptly advise interested parties of any changes to a proposed restriction or alternative restriction that are not encompassed in the proposals submitted, including changes that affect noncompatible land uses or that take place before the effective date of the restriction, and make available these changes to the proposed restriction and its analysis. For the purpose of this paragraph, interested parties include those who received direct notice under § 161.303(b) of this part, or those who were required to be consulted in accordance with the procedures in § 161.321 of this part, and those who commented on the proposed restriction. (b) If there are substantial changes to a proposed restriction or the analysis made available prior to the effective date of the restriction, the applicant proposing the restriction shall initiate new notice in accordance with the procedures in § 161.303 or, alternatively, the procedures in § 161.321. These requirements apply to substantial changes that are not encompassed in submitted alternative restriction proposals and their analyses. A substantial change to a restriction includes, but is not limited to, any proposal that would increase the burden on any aviation user class. (c) In addition to the information in § 161.303(c), a new notice must indicate that the applicant is revising a previous notice, provide the reason for making the revision, and provide a new effective date (if any) for the restriction. (d) If substantial changes requiring a new notice are made during the FAA's 180-day review of the proposed restriction, the applicant submitting the proposed restriction shall notify the FAA in writing that it is withdrawing its proposal from the review process until it has completed additional analysis, public review, and documentation of the public review. Resubmission to the FAA will restart the 180-day review. | ||||
| 14:14:3.0.1.3.30.4.3.6 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.311 Application procedure for approval of proposed restriction. | FAA | Each applicant proposing a Stage 3 restriction shall submit to the FAA the following information for each restriction and alternative restriction submitted, with a request that the FAA review and approve the proposed Stage 3 noise or access restriction: (a) A summary of evidence of the fulfillment of conditions for approval, as specified in § 161.305; (b) An analysis as specified in § 161.305, as appropriate to the proposed restriction; (c) A statement that the entity submitting the proposal is the party empowered to implement the restriction, or is submitting the proposal on behalf of such party; and (d) A statement as to whether the airport requests, in the event of disapproval of the proposed restriction or any alternatives, that the FAA approve any portion of the restriction or any alternative that meets the statutory requirements for approval. An applicant requesting partial approval of any proposal should indicate its priorities as to portions of the proposal to be approved. | ||||
| 14:14:3.0.1.3.30.4.3.7 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.313 Review of application. | FAA | (a) Determination of completeness. The FAA, within 30 days of receipt of an application, will determine whether the application is complete in accordance with § 161.311. Determinations of completeness will be made on all proposed restrictions and alternatives. This completeness determination is not an approval or disapproval of the proposed restriction. (b) Process for complete application. When the FAA determines that a complete application has been submitted, the following procedures apply: (1) The FAA notifies the applicant that it intends to act on the proposed restriction and publishes notice of the proposed restriction in the Federal Register in accordance with § 161.315. The 180-day period for approving or disapproving the proposed restriction will start on the date of original FAA receipt of the application. (2) Following review of the application, public comments, and any other information obtained under § 161.317(b), the FAA will issue a decision approving or disapproving the proposed restriction. This decision is a final decision of the Administrator for purpose of judicial review. (c) Process for incomplete application. If the FAA determines that an application is not complete with respect to any submitted restriction or alternative restriction, the following procedures apply: (1) The FAA shall notify the applicant in writing, returning the application and setting forth the type of information and analysis needed to complete the application in accordance with § 161.311. (2) Within 30 days after the receipt of this notice, the applicant shall advise the FAA in writing whether or not it intends to resubmit and supplement its application. (3) If the applicant does not respond in 30 days, or advises the FAA that it does not intend to resubmit and/or supplement the application, the application will be denied. This closes the matter without prejudice to later application and does not constitute disapproval of the proposed restriction. (4) If the applicant chooses to resubmit and supplement t… | ||||
| 14:14:3.0.1.3.30.4.3.8 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.315 Receipt of complete application. | FAA | (a) When a complete application has been received, the FAA will notify the applicant by letter that the FAA intends to act on the application. (b) The FAA will publish notice of the proposed restriction in the Federal Register, inviting interested parties to file comments on the application within 30 days after publication of the Federal Register notice. | ||||
| 14:14:3.0.1.3.30.4.3.9 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | D | Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions | § 161.317 Approval or disapproval of proposed restriction. | FAA | (a) Upon determination that an application is complete with respect to at least one of the proposals submitted by the applicant, the FAA will act upon the complete proposals in the application. The FAA will not act on any proposal for which the applicant has declined to submit additional necessary information. (b) The FAA will review the applicant's proposals in the preference order specified by the applicant. The FAA may request additional information from aircraft operators, or any other party, and may convene an informal meeting to gather facts relevant to its determination. (c) The FAA will evaluate the proposal and issue an order approving or disapproving the proposed restriction and any submitted alternatives, in whole or in part, in the order of preference indicated by the applicant. Once the FAA approves a proposed restriction, the FAA will not consider any proposals of lower applicant-stated preference. Approval or disapproval will be given by the FAA within 180 days after receipt of the application or last supplement thereto under § 161.313. The FAA will publish its decision in the Federal Register and notify the applicant in writing. (d) The applicant's failure to provide substantial evidence supporting the statutory conditions for approval of a particular proposal is grounds for disapproval of that proposed restriction. (e) The FAA will approve or disapprove only the Stage 3 aspects of a restriction if the restriction applies to both Stage 2 and Stage 3 aircraft operations. (f) An order approving a restriction may be subject to requirements that the applicant: (1) Comply with factual representations and commitments in support of the restriction; and (2) Ensure that any environmental mitigation actions or commitments by any party that are set forth in the environmental documentation provided in support of the restriction are implemented. | ||||
| 14:14:3.0.1.3.30.5.3.1 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.401 Scope. | FAA | This subpart applies to an airport imposing a noise or access restriction on the operation of Stage 3 aircraft that first became effective after October 1, 1990, and had either been agreed to in compliance with the procedures in subpart B of this part or approved by the FAA in accordance with the procedures in subpart D of this part. This subpart does not apply to Stage 2 restrictions imposed by airports. This subpart does not apply to Stage 3 restrictions specifically exempted in § 161.7. | ||||
| 14:14:3.0.1.3.30.5.3.2 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.403 Criteria for reevaluation. | FAA | [Docket 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 1991] | (a) A request for reevaluation must be submitted by an aircraft operator. (b) An aircraft operator must demonstrate to the satisfaction of the FAA that there has been a change in the noise environment of the affected airport and that a review and reevaluation pursuant to the criteria in § 161.305 is therefore justified. (1) A change in the noise environment sufficient to justify reevaluation is either a DNL change of 1.5 dB or greater (from the restriction's anticipated target noise level result) over noncompatible land uses, or a change of 17 percent or greater in the noncompatible land uses, within an airport noise study area. For approved restrictions, calculation of change shall be based on the divergence of actual noise impact of the restriction from the estimated noise impact of the restriction predicted in the analysis required in § 161.305(e)(2)(i)(A)( 1 )( ii ). The change in the noise environment or in the noncompatible land uses may be either an increase or decrease in noise or in noncompatible land uses. An aircraft operator may submit to the FAA reasons why a change that does not fall within either of these parameters justifies reevaluation, and the FAA will consider such arguments on a case-by-case basis. (2) A change in the noise environment justifies reevaluation if the change is likely to result in the restriction not meeting one or more of the conditions for approval set forth in § 161.305 of this part for approval. The aircraft operator must demonstrate that such a result is likely to occur. (c) A reevaluation may not occur less than 2 years after the date of the FAA approval. The FAA will normally apply the same 2-year requirement to agreements under subpart B of this part that affect Stage 3 aircraft operations. An aircraft operator may submit to the FAA reasons why an agreement under subpart B of this part should be reevaluated in less than 2 years, and the FAA will consider such arguments on a case-by-case basis. (d) An aircraft operator must demonstrate that it has made a good faith a… | |||
| 14:14:3.0.1.3.30.5.3.3 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.405 Request for reevaluation. | FAA | (a) A request for reevaluation submitted to the FAA by an aircraft operator must include the following information: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the restriction and any sanctions for noncompliance, whether the restriction was approved by the FAA or agreed to by the airport operator and aircraft operators, the date of the approval or agreement, and a copy of the restriction as incorporated in a local ordinance, airport rule, lease, or other document; (3) The quantified change in the noise environment using methodology specified in this part; (4) Evidence of the relationship between this change and the likelihood that the restriction does not meet one or more of the conditions in § 161.305; (5) The aircraft operator's status under the restriction (e.g., currently affected operator, potential new entrant) and an explanation of the aircraft operator's specific objection; and (6) A description and evidence of the aircraft operator's attempt to resolve the dispute locally with the affected parties, including the airport operator. (b) The FAA will evaluate the aircraft operator's submission and determine whether or not a reevaluation is justified. The FAA may request additional information from the airport operator or any other party and may convene an informal meeting to gather facts relevant to its determination. (c) The FAA will notify the aircraft operator in writing, with a copy to the affected airport operator, of its determination. (1) If the FAA determines that a reevaluation is not justified, it will indicate the reasons for this decision. (2) If the FAA determines that a reevaluation is justified, the aircraft operator will be notified to complete its analysis and to begin the public notice procedure, as set forth in this subpart. | ||||
| 14:14:3.0.1.3.30.5.3.4 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.407 Notice of reevaluation. | FAA | (a) After receiving an FAA determination that a reevaluation is justified, an aircraft operator desiring continuation of the reevaluation process shall publish a notice of request for reevaluation in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area (or the airport vicinity for agreements where an airport noise study area has not been delineated); post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) The airport operator, other aircraft operators providing scheduled passenger or cargo service at the airport, operators of aircraft based at the airport, potential new entrants that are known to be interested in serving the airport, and aircraft operators known to be routinely providing nonscheduled service; (2) The Federal Aviation Administration; (3) Each Federal, State, and local agency with land-use control jurisdiction within the airport noise study area (or the airport vicinity for agreements where an airport noise study area has not been delineated); (4) Fixed-base operators and other airport tenants whose operations may be affected by the agreement or the restriction; (5) Community groups and business organizations that are known to be interested in the restriction; and (6) Any other party that commented on the original restriction. (b) Each notice provided in accordance with paragraph (a) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the restriction, including whether the restriction was approved by the FAA or agreed to by the airport operator and aircraft operators, and the date of the approval or agreement; (3) The name of the aircraft operator requesting a reevaluation, and a statement that a reevaluation has been requested and that the FAA has determined that a reevaluation is justified; (4) A brief discussion of the reasons why a re… | ||||
| 14:14:3.0.1.3.30.5.3.5 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.409 Required analysis by reevaluation petitioner. | FAA | (a) An aircraft operator that has petitioned the FAA to reevaluate a restriction shall assume the burden of analysis for the reevaluation. (b) The aircraft operator's analysis shall be made available for public review under the procedures in § 161.407 and shall include the following: (1) A copy of the restriction or the language of the agreement as incorporated in a local ordinance, airport rule, lease, or other document; (2) The aircraft operator's status under the restriction (e.g., currently affected operator, potential new entrant) and an explanation of the aircraft operator's specific objection to the restriction; (3) The quantified change in the noise environment using methodology specified in this part; (4) Evidence of the relationship between this change and the likelihood that the restriction does not meet one or more of the conditions in § 161.305; and (5) Sufficient data and analysis selected from § 161.305, as applicable to the restriction at issue, to support the contention made in paragraph (b)(4) of this section. This is to include either an adequate environmental assessment of the impacts of discontinuing all or part of a restriction in accordance with the aircraft operator's petition, or adequate information supporting a categorical exclusion under FAA orders implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321). (c) The amount of analysis may vary with the complexity of the restriction, the number and nature of the conditions in § 161.305 that are alleged to be unsupported, and the amount of previous analysis developed in support of the restriction. The aircraft operator may incorporate analysis previously developed in support of the restriction, including previous environmental documentation to the extent applicable. The applicant is responsible for providing substantial evidence, as described in § 161.305, that one or more of the conditions are not supported. | ||||
| 14:14:3.0.1.3.30.5.3.6 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.411 Comment by interested parties. | FAA | (a) Each aircraft operator requesting a reevaluation shall establish a docket or similar method for receiving and considering comments and shall make comments available for inspection to interested parties specified in paragraph (b) of this section upon request. Comments must be retained for two years. (b) Each aircraft operator shall promptly notify interested parties if it makes a substantial change in its analysis that affects either the costs or benefits analyzed, or the criteria in § 161.305, differently from the analysis made available for comment in accordance with § 161.407. Interested parties include those who received direct notice under paragraph (a) of § 161.407 and those who have commented on the reevaluation. If an aircraft operator revises its analysis, it shall make the revised analysis available to an interested party upon request and shall extend the comment period at least 45 days from the date the revised analysis is made available. | ||||
| 14:14:3.0.1.3.30.5.3.7 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.413 Reevaluation procedure. | FAA | (a) Each aircraft operator requesting a reevaluation shall submit to the FAA: (1) The analysis described in § 161.409; (2) Evidence that the public review process was carried out in accordance with §§ 161.407 and 161.411, including the aircraft operator's summary of the comments received; and (3) A request that the FAA complete a reevaluation of the restriction and issue findings. (b) Following confirmation by the FAA that the aircraft operator's documentation is complete according to the requirements of this subpart, the FAA will publish a notice of reevaluation in the Federal Register and provide for a 45-day comment period during which interested parties may submit comments to the FAA. The FAA will specifically solicit comments from the affected airport operator and affected local governments. A submission that is not complete will be returned to the aircraft operator with a letter indicating the deficiency, and no notice will be published. No further action will be taken by the FAA until a complete submission is received. (c) The FAA will review all submitted documentation and comments pursuant to the conditions of § 161.305. To the extent necessary, the FAA may request additional information from the aircraft operator, airport operator, and others known to have information material to the reevaluation, and may convene an informal meeting to gather facts relevant to a reevaluation finding. | ||||
| 14:14:3.0.1.3.30.5.3.8 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.415 Reevaluation action. | FAA | (a) Upon completing the reevaluation, the FAA will issue appropriate orders regarding whether or not there is substantial evidence that the restriction meets the criteria in § 161.305 of this part. (b) If the FAA's reevaluation confirms that the restriction meets the criteria, the restriction may remain as previously agreed to or approved. If the FAA's reevaluation concludes that the restriction does not meet the criteria, the FAA will withdraw a previous approval of the restriction issued under subpart D of this part to the extent necessary to bring the restriction into compliance with this part or, with respect to a restriction agreed to under subpart B of this part, the FAA will specify which criteria are not met. (c) The FAA will publish a notice of its reevaluation findings in the Federal Register and notify in writing the aircraft operator that petitioned the FAA for reevaluation and the affected airport operator. | ||||
| 14:14:3.0.1.3.30.5.3.9 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | E | Subpart E—Reevaluation of Stage 3 Restrictions | § 161.417 Notification of status of restrictions and agreements not meeting conditions-of-approval criteria. | FAA | If the FAA has withdrawn all or part of a previous approval made under subpart D of this part, the relevant portion of the Stage 3 restriction must be rescinded. The operator of the affected airport shall notify the FAA of the operator's action with regard to a restriction affecting Stage 3 aircraft operations that has been found not to meet the criteria of § 161.305. Restrictions in agreements determined by the FAA not to meet conditions for approval may not be enforced with respect to Stage 3 aircraft operations. | ||||
| 14:14:3.0.1.3.30.6.3.1 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | F | Subpart F—Failure To Comply With This Part | § 161.501 Scope. | FAA | (a) This subpart describes the procedures to terminate eligibility for airport grant funds and authority to impose or collect passenger facility charges for an airport operator's failure to comply with the Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2151 et seq. ) or this part. These procedures may be used with or in addition to any judicial proceedings initiated by the FAA to protect the national aviation system and related Federal interests. (b) Under no conditions shall any airport operator receive revenues under the provisions of the Airport and Airway Improvement Act of 1982 or impose or collect a passenger facility charge under section 1113(e) of the Federal Aviation Act of 1958 if the FAA determines that the airport is imposing any noise or access restriction not in compliance with the Airport Noise and Capacity Act of 1990 or this part. Recision of, or a commitment in writing signed by an authorized official of the airport operator to rescind or permanently not enforce, a noncomplying restriction will be treated by the FAA as action restoring compliance with the Airport Noise and Capacity Act of 1990 or this part with respect to that restriction. | ||||
| 14:14:3.0.1.3.30.6.3.2 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | F | Subpart F—Failure To Comply With This Part | § 161.503 Informal resolution; notice of apparent violation. | FAA | Prior to the initiation of formal action to terminate eligibility for airport grant funds or authority to impose or collect passenger facility charges under this subpart, the FAA shall undertake informal resolution with the airport operator to assure compliance with the Airport Noise and Capacity Act of 1990 or this part upon receipt of a complaint or other evidence that an airport operator has taken action to impose a noise or access restriction that appears to be in violation. This shall not preclude a FAA application for expedited judicial action for other than termination of airport grants and passenger facility charges to protect the national aviation system and violated federal interests. If informal resolution is not successful, the FAA will notify the airport operator in writing of the apparent violation. The airport operator shall respond to the notice in writing not later than 20 days after receipt of the notice, and also state whether the airport operator will agree to defer implementation or enforcement of its noise or access restriction until completion of the process under this subpart to determine compliance. | ||||
| 14:14:3.0.1.3.30.6.3.3 | 14 | Aeronautics and Space | I | I | 161 | PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS | F | Subpart F—Failure To Comply With This Part | § 161.505 Notice of proposed termination of airport grant funds and passenger facility charges. | FAA | (a) The FAA begins proceedings under this section to terminate an airport operator's eligibility for airport grant funds and authority to impose or collect passenger facility charges only if the FAA determines that informal resolution is not successful. (b) The following procedures shall apply if an airport operator agrees in writing, within 20 days of receipt of the FAA's notice of apparent violation under § 161.503, to defer implementation or enforcement of a noise or access restriction until completion of the process under this subpart to determine compliance. (1) The FAA will issue a notice of proposed termination to the airport operator and publish notice of the proposed action in the Federal Register. 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 action the airport operator can take to avoid further proceedings. The due date for comments and corrective action by the airport operator shall be specified in the notice of proposed termination and shall not be less than 60 days after publication of the notice. (2) The FAA will review the comments, statements, and data supplied by the airport operator, and any other available information, to determine if the airport operator has provided satisfactory evidence of compliance or has taken satisfactory corrective action. The FAA will consult with the airport operator to attempt resolution and may request additional information from other parties to determine compliance. The review and consultation process shall take not less than 30 days. If the FAA finds satisfactory evidence of compliance, the FAA will notify the airport operator in writing and publish notice of compliance in the Federal Register. (3) If the FAA determines that the airport operator has taken action to impose a noise or access restriction in violation of the Airport Noise and Capacity Act of 1990 or this part, the FA… | ||||
| 21:21:2.0.1.1.37.1.1.1 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | A | Subpart A—General Provisions | § 161.30 Declaration of quantity of contents on labels for canned oysters. | FDA | (a) For many years packers of canned oysters in the Gulf area of the United States have labeled their output with a declaration of the drained weight of oysters in the containers. Packers in other areas have marketed canned oysters with a declaration of the total weight of the contents of the container. Investigation reveals that under present-day practice consumers generally do not discard the liquid packing medium, but use it as a part of the food. Section 403(e)(2) of the Federal Food, Drug, and Cosmetic Act and the regulations thereunder require food in package form to bear an accurate label statement of the quantity of food in the container. (b) It is concluded that compliance with the label declaration of quantity of contents requirement will be met by an accurate declaration of the total weight of the contents of the can. The requirements of § 161.145(c), establishing a standard of fill of container for canned oysters and specifying the statement of substandard fill for those canned oysters failing to meet that standard remain unaffected by this interpretation. | ||||
| 21:21:2.0.1.1.37.2.1.1 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.130 Oysters. | FDA | (a) Oysters, raw oysters, shucked oysters, are the class of foods each of which is obtained by shucking shell oysters and preparing them in accordance with the procedure prescribed in paragraph (b) of this section. The name of each such food is the name specified in the applicable definition and standard of identity prescribed in §§ 161.131 to 161.140, inclusive. (b) If water, or salt water containing less than 0.75 percent salt, is used in any vessel into which the oysters are shucked the combined volume of oysters and liquid when such oysters are emptied from such vessel is not less than four times the volume of such water or salt water. Any liquid accumulated with the oysters is removed. The oysters are washed, by blowing or otherwise, in water or salt water, or both. The total time that the oysters are in contact with water or salt water after leaving the shucker, including the time of washing, rinsing, and any other contact with water or salt water is not more than 30 minutes. In computing the time of contact with water or salt water, the length of time that oysters are in contact with water or salt water that is agitated by blowing or otherwise, shall be calculated at twice its actual length. Any period of time that oysters are in contact with salt water containing not less than 0.75 percent salt before contact with oysters, shall not be included in computing the time that the oysters are in contact with water or salt water. Before packing into the containers for shipment or other delivery for consumption the oysters are thoroughly drained and are packed without any added substance. (c) For the purposes of this section: (1) Shell oysters means live oysters of any of the species, Ostrea virginica, Ostrea gigas, Ostrea lurida, in the shell, which, after removal from their beds, have not been floated or otherwise held under conditions which result in the addition of water. (2) Thoroughly drained means one of the following: (i) The oysters are drained on a strainer or skimmer which has an area of not… | ||||
| 21:21:2.0.1.1.37.2.1.2 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.136 Olympia oysters. | FDA | Olympia oysters, raw Olympia oysters, shucked Olympia oysters, are of the species Ostrea lurida and conform to the definition and standard of identity prescribed for oysters in § 161.130. | ||||
| 21:21:2.0.1.1.37.2.1.3 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.145 Canned oysters. | FDA | [42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11832, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2884, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Identity. (1) Canned oysters is the food prepared from one or any mixture of two or all of the forms of oysters specified in paragraph (a)(2) of this section, and a packing medium of water, or the watery liquid draining from oysters before or during processing, or a mixture of such liquid and water. The food may be seasoned with salt. It is sealed in containers and so processed by heat as to prevent spoilage. (2) The forms of oysters referred to in paragraph (a)(1) of this section are prepared from oysters which have been removed from their shells and washed and which may be steamed while in the shell or steamed or blanched or both after removal therefrom, and are as follows: (i) Whole oysters with such broken pieces of oysters as normally occur in removing oysters from their shells, washing, and packing. (ii) Pieces of oysters obtained by segregating pieces of oysters broken in shucking, washing, or packing whole oysters. (iii) Cut oysters obtained by cutting whole oysters. (3)(i) When the form of oysters specified in paragraph (a)(2)(i) of this section is used, the name of the food is “Oysters” or “Cove oysters”, if of the species Ostrea virginica; “Oysters” or “Pacific oysters”, if of the species Ostrea gigas; “Oysters” or “Olympia oysters”, if of the species Ostrea lurida. (ii) When the form of oysters specified in paragraph (a)(2)(ii) of this section is used, the name of the food is “Pieces of ______”, the blank being filled in with the name “Oysters” or “Cove oysters”, if of the species Ostrea virginica; “Oysters” or “Pacific oysters”, if of the species Ostrea gigas; “Oysters” or “Olympia oysters”, if of the species Ostrea lurida. (iii) When the form of oysters specified in paragraph (a)(2)(iii) of this section is used, the name of the food is “Cut ______, the blank being filled in with the name “Oysters” or “Cove oysters”, if of the species Ostrea virginica; “Oysters” or “Pacific oysters”, if of the species Ostrea gigas; “Oysters” or “Olympia oysters”, if of the species Ostrea l… | |||
| 21:21:2.0.1.1.37.2.1.4 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.170 Canned Pacific salmon. | FDA | [42 FR 14464, Mar. 15, 1977, as amended at 58 FR 2884, Jan. 6, 1993; 80 FR 41436, July 15, 2015] | (a) Identity. (1) Canned Pacific salmon is the food prepared from one of the species of fish enumerated in paragraph (a)(2) of this section, prepared in one of the forms of pack specified in paragraph (a)(3) of this section, and to which may be added one or more of the optional ingredients specified in paragraph (a)(4) of this section. The food is packed in hermetically sealed containers and so processed by heat as to prevent spoilage and soften bones. The food is labeled in accordance with paragraph (a)(5) of this section. (2)(i) The species of fish which may be used in this food are: (ii) For the purpose of paragraph (a)(5)(i) of this section, the common or usual name or names of each species of fish enumerated in paragraph (a)(2)(i) of this section is (are) the name(s) immediately following the scientific name of each species. (3) The optional forms of canned Pacific salmon are processed from fish prepared by removing the head, gills, and tail, and the viscera, blood, fins, and damaged or discolored flesh to the greatest extent practicable in accordance with good manufacturing practice; and then washing. Canned Pacific salmon is prepared in one of the following forms of pack: (i) “Regular” consists of sections or steaks which are cut transversely from the fish and filled vertically into the can. In preparation, segments of skin or large backbone may be removed. The sections or steaks are so packed that the cut surfaces approximately parallel the ends of the container. A small portion of salmon may be added if necessary to complete the fill of the container. (ii) “Skinless and backbone removed” consists of the regular form of canned salmon set forth in paragraph (a)(3)(i) of this section from which the skin and vertebrae have been removed in accordance with good manufacturing practices. (iii) “Minced salmon” consists of salmon which has been minced or ground. (iv) “Salmon tips or tidbits” consists of small pieces of salmon. (v) “No salt added” consists of canned salmon to which no salt has been added.… | |||
| 21:21:2.0.1.1.37.2.1.5 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.173 Canned wet pack shrimp in transparent or nontransparent containers. | FDA | [43 FR 19840, May 9, 1978; 43 FR 25423, June 13, 1978, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2884, Jan. 6, 1994; 63 FR 14035, Mar. 24, 1998] | (a) Identity. (1) Canned wet pack shrimp is the food consisting of the processed meat of peeled shrimp, free of heads and, to the extent practicable under good manufacturing practice, free of shells, legs, and antennae; in one or any combination of species enumerated in paragraph (a)(2) of this section; prepared in one of the styles specified in paragraph (a)(3) of this section, in sufficient water or other suitable aqueous packing medium to fill the interstices and permit proper processing in accordance with good manufacturing practice. Canned shrimp may contain one or more of the optional ingredients specified in paragraph (a)(4) of this section. It is packed in hermetically sealed transparent or nontransparent containers and so processed by heat as to prevent spoilage. (2) The species of shrimp that may be used in the food are of the families: Penaeidae, Pandalidae, Crangonidae, and Palaemonidae. (3) Styles. Canned shrimp is prepared in one of the following styles: (i) Shrimp with readily visible dark vein (dorsal tract, back vein, or sand vein). (ii) Deveined shrimp containing not less than 95 percent by weight of shrimp prepared by removing the dark vein from the first five segments by deliberate cutting action. (iii) Shrimp, other than “deveined” as described in paragraph (a)(3)(ii) of this section, containing not less than 95 percent by weight of shrimp with no readily visible dark vein within the first five segments. (iv) Broken shrimp, consisting of less than four segments and otherwise conforming to one of the styles described in paragraph (a)(3)(i), (ii), or (iii) of this section. (4) Optional ingredients. The following safe and suitable optional ingredients may be used: (i) Salt. (ii) Lemon juice. (iii) Organic acids. (iv) Nutritive carbohydrate sweeteners. (v) Spices or spice oils or spice extracts. (vi) Flavorings. (vii) Sodium bisulfite. (viii) Calcium disodium EDTA (calcium disodium ethylenediaminetetraacetate), complying with the provisions of § 172.120 of this chapter. (5) … | |||
| 21:21:2.0.1.1.37.2.1.6 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.175 Frozen raw breaded shrimp. | FDA | [42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2884, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998] | (a) Frozen raw breaded shrimp is the food prepared by coating one of the optional forms of shrimp specified in paragraph (c) of this section with safe and suitable batter and breading ingredients as provided in paragraph (d) of this section. The food is frozen. (b) The food tests not less than 50 percent of shrimp material as determined by the method prescribed in paragraph (g) of this section, except that if the shrimp are composite units the method prescribed in paragraph (h) of this section is used. (c) The term shrimp means the tail portion of properly prepared shrimp of commercial species. Except for composite units, each shrimp unit is individually coated. The optional forms of shrimp are: (1) Fantail or butterfly: Prepared by splitting the shrimp; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached. (2) Butterfly, tail off: Prepared by splitting the shrimp; tail fins and all shell segments are removed. (3) Round: Round shrimp, not split; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached. (4) Round, tail off: Round shrimp, not split; tail fins and all shell segments are removed. (5) Pieces: Each unit consists of a piece or a part of a shrimp; tail fins and all shell segments are removed. (6) Composite units: Each unit consists of two or more whole shrimp or pieces of shrimp, or both, formed and pressed into composite units prior to coating; tail fins and all shell segments are removed; large composite units, prior to coating, may be cut into smaller units. (d) The batter and breading ingredients referred to in paragraph (a) of this section are the fluid constituents and the solid constituents of the coating around the shrimp. These ingredients consist of suitable substances which are not food additives as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act; or if they are food additives as so defined… | |||
| 21:21:2.0.1.1.37.2.1.7 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.176 Frozen raw lightly breaded shrimp. | FDA | Frozen raw lightly breaded shrimp complies with the provisions of § 161.175, except that it contains not less than 65 percent of shrimp material, as determined by the method prescribed in § 161.175 (g) or (h), as appropriate, and that in the name prescribed the word “lightly” immediately precedes the words “breaded shrimp”. | ||||
| 21:21:2.0.1.1.37.2.1.8 | 21 | Food and Drugs | I | B | 161 | PART 161—FISH AND SHELLFISH | B | Subpart B—Requirements for Specific Standardized Fish and Shellfish | § 161.190 Canned tuna. | FDA | [42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 55 FR 45797, Oct. 31, 1990; 56 FR 6263, Feb. 15, 1991; 58 FR 2884, Jan. 6, 1993; 61 FR 14480, Apr. 2, 1996; 63 FR 14035, Mar. 24, 1998; 66 FR 56035, Nov. 6, 2001; 88 FR 53773, Aug. 9, 2023] | (a) Identity. (1) Canned tuna is the food consisting of processed flesh of fish of the species enumerated in paragraph (a)(2) of this section, prepared in one of the optional forms of pack specified in paragraph (a)(3) of this section, conforming to one of the color designations specified in paragraph (a)(4) of this section, in one of the optional packing media specified in paragraph (a)(5) of this section, and may contain one or more of the seasonings and flavorings specified in paragraph (a)(6) of this section. For the purpose of inhibiting the development of struvite crystals, sodium acid pyrophosphate may be added in a quantity not in excess of 0.5 percent by weight of the finished food. It is packed in hermetically sealed containers and so processed by heat as to prevent spoilage. It is labeled in accordance with the provisions of paragraph (a)(8) of this section. (2) The fish included in the class known as tuna fish are: Thunnus thynnus (Linnaeus, 1758)—Northern bluefin tuna Thunnus maccoyii (Castelnau, 1872)—Southern bluefin tuna Thunnus alalunga (Bonnaterre, 1788)—Albacore Thunnus atlanticus (Lesson, 1830)—Blackfin tuna Thunnus obesus (Lowe, 1839)—Bigeye tuna Thunnus albacares (Bonnaterre, 1788)—Yellowfin tuna Thunnus tonggol (Bleeker, 1851)—Longtail tuna Katsuwonus pelamis (Linnaeus, 1758)—Skipjack tuna Euthynnus alletteratus (Rafinesque, 1810)—Spotted tunny Euthynnus lineatus Kishinouye, 1920—Black skipjack tuna Euthynnus affinis (Cantor, 1849)—Kawakawa Allothunnus fallai Serventy, 1948—Slender tuna Auxis rochei (Risso, 1810)—Bullet tuna Auxis thazard (Lacepede, 1800)—Frigate tuna Thunnus thynnus (Linnaeus, 1758)—Northern bluefin tuna Thunnus maccoyii (Castelnau, 1872)—Southern bluefin tuna Thunnus alalunga (Bonnaterre, 1788)—Albacore Thunnus atlanticus (Lesson, 1830)—Blackfin tuna Thunnus obesus (Lowe, 1839)—Bigeye tuna Thunnus albacares (Bonnaterre, 1788)—Yellowfin tuna Thunnus tonggol (Bleeker, 1851)—Longtail tuna Katsuwonus pela… | |||
| 33:33:2.0.1.6.28.1.197.1 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.1 Purpose and Intent. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020] | (a) The purpose of this part is to promulgate regulations implementing and enforcing certain sections of the 46 U.S.C. Chapter 700 “Ports and Waterways Safety setting up a national system of Vessel Traffic Services that will enhance navigation, vessel safety, and marine environmental protection, and promote safe vessel movement by reducing the potential for collisions, rammings, and groundings, and the loss of lives and property associated with these incidents within VTS areas established hereunder. (b) Vessel Traffic Services provide the mariner with information related to the safe navigation of a waterway. This information, coupled with the mariner's compliance with the provisions set forth in this part, enhances the safe routing of vessels through congested waterways or waterways of particular hazard. Under certain circumstances, a VTS may issue directions to control the movement of vessels in order to minimize the risk of collision between vessels, or damage to property or the environment. (c) The owner, operator, charterer, master, or person directing the movement of a vessel remains at all times responsible for the manner in which the vessel is operated and maneuvered, and is responsible for the safe navigation of the vessel under all circumstances. Compliance with these rules or with a direction of the VTS is at all times contingent upon the exigencies of safe navigation. (d) Nothing in this part is intended to relieve any vessel, owner, operator, charterer, master, or person directing the movement of a vessel from the consequences of any neglect to comply with this part or any other applicable law or regulation (e.g., the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. | |||
| 33:33:2.0.1.6.28.1.197.2 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.2 Definitions. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE 97-023, 62 FR 33364, June 19, 1997; USCG-2003-14757, 68 FR 39364, July 1, 2003; USCG-1998-4399, 75 FR 66314, Oct. 28, 2010; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015; 80 FR 17327, Apr. 1, 2015; USCG-2018-0874, 84 FR 30880, June 28, 2019] | For the purposes of this part: Center means a Vessel Traffic Center or Vessel Movement Center. Cooperative Vessel Traffic Services (CVTS) means the system of vessel traffic management established and jointly operated by the United States and Canada within adjoining waters. In addition, CVTS facilitates traffic movement and anchorages, avoids jurisdictional disputes, and renders assistance in emergencies in adjoining United States and Canadian waters. Hazardous Vessel Operating Condition means any condition related to a vessel's ability to safely navigate or maneuver, and includes, but is not limited to: (1) The absence or malfunction of vessel operating equipment, such as propulsion machinery, steering gear, radar system, gyrocompass, depth sounding device, automatic radar plotting aid (ARPA), radiotelephone, Automatic Identification System equipment, navigational lighting, sound signaling devices or similar equipment. (2) Any condition on board the vessel likely to impair navigation, such as lack of current nautical charts and publications, personnel shortage, or similar condition. (3) Vessel characteristics that affect or restrict maneuverability, such as cargo or tow arrangement, trim, loaded condition, underkeel or overhead clearance, speed capabilities, power availability, or similar characteristics, which may affect the positive control or safe handling of the vessel or the tow. Navigable waters means all navigable waters of the United States including the territorial sea of the United States, extending to 12 nautical miles from United States baselines, as described in Presidential Proclamation No. 5928 of December 27, 1988. Precautionary Area means a routing measure comprising an area within defined limits where vessels must navigate with particular caution and within which the direction of traffic may be recommended. Towing Vessel means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. Published means available in a widely-distributed and publi… | |||
| 33:33:2.0.1.6.28.1.197.3 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.3 Applicability. | USCG | The provisions of this subpart shall apply to each VTS User and may also apply to any vessel while underway or at anchor on the navigable waters of the United States within a VTS area, to the extent the VTS considers necessary. | ||||
| 33:33:2.0.1.6.28.1.197.4 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.4 Requirement to carry the rules. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2018-0874, 84 FR 30880, June 28, 2019] | Each VTS User shall carry on board and maintain for ready reference a copy of these rules. These rules are contained in the applicable U.S. Coast Pilot, the VTS User's Manual which may be obtained by contacting the appropriate VTS or downloaded from the Coast Guard Navigation Center website ( https://www.navcen.uscg.gov ). | |||
| 33:33:2.0.1.6.28.1.197.5 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.5 Deviations from the rules. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2005-21531, 70 FR 36350, June 23, 2005; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015; USCG-2018-0874, 84 FR 30880, June 28, 2019] | (a) Requests to deviate from any provision in this part, either for an extended period of time or if anticipated before the start of a transit, must be submitted in writing to the appropriate District Commander. Upon receipt of the written request, the District Commander may authorize a deviation if it is determined that such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances. An application for an authorized deviation must state the need and fully describe the proposed alternative to the required measure. (b) Requests to deviate from any provision in this part due to circumstances that develop during a transit or immediately preceding a transit may be made to the appropriate VTC. Requests to deviate must be made as far in advance as practicable. Upon receipt of the request, the VTC may authorize a deviation if it is determined that, based on vessel handling characteristics, traffic density, radar contacts, environmental conditions and other relevant information, such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances. | |||
| 33:33:2.0.1.6.28.1.197.6 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.6 Preemption. | USCG | [USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020] | The regulations in this part have preemptive impact over State laws or regulations on the same subject matter. The Coast Guard has determined, after considering the factors developed by the Supreme Court in U.S. v. Locke, 529 U.S. 89 (2000), that by enacting 46 U.S.C. Chapter 700 'Ports and Waterways Safety', Congress intended that Coast Guard regulations preempt State laws or regulations regarding vessel traffic services in United States ports and waterways. | |||
| 33:33:2.0.1.6.28.1.198.10 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.13 VTS Special Area operating requirements. | USCG | The following operating requirements apply within a VTS Special Area: (a) A VTS User shall, if towing astern, do so with as short a hawser as safety and good seamanship permits. (b) A VMRS User shall: (1) Not enter or get underway in the area without prior approval of the VTS; (2) Not enter a VTS Special Area if a hazardous vessel operating condition or circumstance exists; (3) Not meet, cross, or overtake any other VMRS User in the area without prior approval of the VTS; and (4) Before meeting, crossing, or overtaking any other VMRS User in the area, communicate on the designated vessel bridge-to-bridge radiotelephone frequency, intended navigation movements, and any other information necessary in order to make safe passing arrangements. This requirement does not relieve a vessel of any duty prescribed by the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules. | ||||
| 33:33:2.0.1.6.28.1.198.7 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.10 Services. | USCG | To enhance navigation and vessel safety, and to protect the marine environment, a VTS may issue advisories, or respond to vessel requests for information, on reported conditions within the VTS area, such as: (a) Hazardous conditions or circumstances; (b) Vessel congestion; (c) Traffic density; (d) Environmental conditions; (e) Aids to navigation status; (f) Anticipated vessel encounters; (g) Another vessel's name, type, position, hazardous vessel operating conditions, if applicable, and intended navigation movements, as reported; (h) Temporary measures in effect; (i) A description of local harbor operations and conditions, such as ferry routes, dredging, and so forth; (j) Anchorage availability; or (k) Other information or special circumstances. | ||||
| 33:33:2.0.1.6.28.1.198.8 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.11 VTS measures. | USCG | (a) A VTS may issue measures or directions to enhance navigation and vessel safety and to protect the marine environment, such as, but not limited to: (1) Designating temporary reporting points and procedures; (2) Imposing vessel operating requirements; or (3) Establishing vessel traffic routing schemes. (b) During conditions of vessel congestion, restricted visibility, adverse weather, or other hazardous circumstances, a VTS may control, supervise, or otherwise manage traffic, by specifying times of entry, movement, or departure to, from, or within a VTS area. | ||||
| 33:33:2.0.1.6.28.1.198.9 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | A | Subpart A—Vessel Traffic Services | § 161.12 Vessel operating requirements. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994] | (a) Subject to the exigencies of safe navigation, a VTS User shall comply with all measures established or directions issued by a VTS. (b) If, in a specific circumstance, a VTS User is unable to safely comply with a measure or direction issued by the VTS, the VTS User may deviate only to the extent necessary to avoid endangering persons, property or the environment. The deviation shall be reported to the VTS as soon as is practicable. (c) When not exchanging voice communications, a VTS User must maintain a listening watch as required by § 26.04(e) of this chapter on the VTS frequency designated in Table 1 to § 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VTS User must respond promptly when hailed and communicate in the English language. As stated in 47 CFR 80.148(b), a very high frequency watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency. Table 1 to § 161.12( c )—VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas Notes: 1 Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in § 161.21. The requirements set forth in §§ 161.21 and 164.46 of this subchapter apply in those areas denoted with an MMSI number, except for Louisville and Los Angeles/Long Beach. 2 In the event of a communication failure, difficulties or other safety factors, the Center may direct or permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz … | |||
| 33:33:2.0.1.6.28.2.199.1 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.15 Purpose and intent. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003; USCG-2011-0257, 76 FR 31838, June 2, 2011] | (a) A Vessel Movement Reporting System (VMRS) is a system used to monitor and track vessel movements within a VTS or VMRS area. This is accomplished by requiring that vessels provide information under established procedures as set forth in this part, or as directed by the Center. (b) To avoid imposing an undue reporting burden or unduly congesting radiotelephone frequencies, reports shall be limited to information which is essential to achieve the objectives of the VMRS. These reports are consolidated into three reports (sailing plan, position, and final). | |||
| 33:33:2.0.1.6.28.2.199.2 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.16 Applicability. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003] | Unless otherwise stated, the provisions of this subpart apply to the following vessels and VMRS Users: (a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating; (b) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating; or (c) Every vessel certificated to carry 50 or more passengers for hire, when engaged in trade. | |||
| 33:33:2.0.1.6.28.2.199.3 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.17 [Reserved] | USCG | |||||
| 33:33:2.0.1.6.28.2.199.4 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.18 Reporting requirements. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003; USCG-2015-0433, 80 FR 44282, July 27, 2015] | (a) A Center may: (1) Direct a vessel to provide any of the information set forth in Table 161.18(a) (IMO Standard Ship Reporting System); Table 161.18( a )—The IMO Standard Ship Reporting System (2) Establish other means of reporting for those vessels unable to report on the designated frequency; or (3) Require reports from a vessel in sufficient time to allow advance vessel traffic planning. (b) All reports required by this part shall be made as soon as is practicable on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). (c) When not exchanging communications, a VMRS User must maintain a listening watch as described in § 26.04(e) of this chapter on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VMRS User must respond promptly when hailed and communicate in the English language. As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency. (d) A vessel must report: (1) Any significant deviation from its Sailing Plan, as defined in § 161.19, or from previously reported information; or (2) Any intention to deviate from a VTS issued measure or vessel traffic routing system. (e) When reports required by this part include time information, such information shall be given using the local time zone in effect and the 24-hour military clock system. | |||
| 33:33:2.0.1.6.28.2.199.5 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.19 Sailing Plan (SP). | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2011-1024, 78 FR 51671, Aug. 21, 2013; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015] | Unless otherwise stated, at least 15 minutes before navigating a VTS area, a vessel must report the: (a) Vessel name and type; (b) Position; (c) Destination and ETA; (d) Intended route; (e) Time and point of entry; and (f) Dangerous cargo on board or in its tow, as defined in § 160.202 of this chapter. | |||
| 33:33:2.0.1.6.28.2.199.6 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.20 Position Report (PR). | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003] | A vessel must report its name and position: (a) Upon point of entry into a VMRS area; (b) At designated reporting points as set forth in subpart C; or (c) When directed by the Center. | |||
| 33:33:2.0.1.6.28.2.199.7 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.21 Automated reporting. | USCG | [USCG-2003-14757, 68 FR 39366, July 1, 2003] | (a) Unless otherwise directed, vessels equipped with an Automatic Identification System (AIS) are required to make continuous, all stations, AIS broadcasts, in lieu of voice Position Reports, to those Centers denoted in Table 161.12(c) of this part. (b) Should an AIS become non-operational, while or prior to navigating a VMRS area, it should be restored to operating condition as soon as possible, and, until restored a vessel must: (1) Notify the Center; (2) Make voice radio Position Reports at designated reporting points as required by § 161.20(b) of this part; and (3) Make any other reports as directed by the Center. | |||
| 33:33:2.0.1.6.28.2.199.8 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.22 Final Report (FR). | USCG | A vessel must report its name and position: (a) On arrival at its destination; or (b) When leaving a VTS area. | ||||
| 33:33:2.0.1.6.28.2.199.9 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | B | Subpart B—Vessel Movement Reporting System | § 161.23 Reporting exemptions. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2003-14757, 68 FR 39367, July 1, 2003] | (a) Unless otherwise directed, the following vessels are exempted from providing Position and Final Reports due to the nature of their operation: (1) Vessels on a published schedule and route; (2) Vessels operating within an area of a radius of three nautical miles or less; or (3) Vessels escorting another vessel or assisting another vessel in maneuvering procedures. (b) A vessel described in paragraph (a) of this section must: (1) Provide a Sailing Plan at least 5 minutes but not more than 15 minutes before navigating within the VMRS area; and (2) If it departs from its promulgated schedule by more than 15 minutes or changes its limited operating area, make the established VMRS reports, or report as directed. | |||
| 33:33:2.0.1.6.28.3.199.1 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.25 Vessel Traffic Service New York Area. | USCG | [CGD 92-052, 61 FR 45327, Aug. 29, 1996] | The area consists of the navigable waters of the Lower New York Harbor bounded on the east by a line drawn from Norton Point to Breezy Point; on the south by a line connecting the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40°25′ N.; then west into waters of the Raritan Bay to the Raritan River Rail Road Bridge; and then north including the waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40°41.9′ N.; and then east including the waters of the Kill Van Kull and Upper New York Bay north to a line drawn east-west from the Holland Tunnel Ventilator Shaft at latitude 40°43.7′ N., longitude 74°01.6′ W. in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River. Although mandatory participation in VTSNY is limited to the area within the navigable waters of the United States, VTSNY will provide services beyond those waters. Prospective users are encouraged to report beyond the area of required participation in order to facilitate advance vessel traffic management in the VTS area and to receive VTSNY advisories and/or assistance. | |||
| 33:33:2.0.1.6.28.3.199.10 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.70 Vessel Traffic Service Port Arthur. | USCG | [78 FR 51671, Aug. 21, 2013, as amended by USCG-2018-0874, 84 FR 30881, June 28, 2019] | (a) The VTS area consists of the navigable waters of the United States to the limits of the territorial seas bound by the following points: 30°10.00′ N., 92°37.00′ W.; then south to 29°10.00′ N., 92°37.00′ W.; then west to 29°10.00′ N., 93°52.25′ W.; then northwest to 29°33.70′ N., 94°21.25′ W.; then north to 30°10.00′ N., 94°21.25′ W.; then east along the 30°10′ N. latitude to the origination point. Although mandatory participation in VTS Port Arthur is limited to the area within the navigable waters of the United States, prospective users are encouraged to report at the safe water marks in order to facilitate vessel traffic management in the VTS Area and to receive advisories or navigational assistance. (b) Precautionary areas. Table 161.70( b )—VTS Port Arthur Precautionary Areas 1 Precautionary Area encompasses a circular area of the radius denoted around the center point with the exception of the Sabine-Neches Waterway. (c) Reporting points (Inbound). Table 161.70( c )—Inbound (d) Reporting points (Outbound). Table 161.70( d )—Outbound (e) Reporting points (Eastbound). Table 161.70( e )—Eastbound (ICW) (f) Reporting points (Westbound). Table 161.70( f )—Westbound (ICW) (g) Reporting points (Offshore Safety Fairway). Table 161.70( g )—Offshore Safety Fairway | |||
| 33:33:2.0.1.6.28.3.199.2 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.30 Vessel Traffic Service Louisville. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998] | The VTS area consists of the navigable waters of the Ohio River between McAlpine Locks (Mile 606.8) and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at 13.0 feet or above. | |||
| 33:33:2.0.1.6.28.3.199.3 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.35 Vessel Traffic Service Houston/Galveston. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28331, May 31, 1995; USCG-2000-7223, 65 FR 40058, June 29, 2000; USCG-2007-27887, 72 FR 45904, Aug. 16, 2007] | (a) The VTS area consists of the following major waterways and portions of connecting waterways: Galveston Bay Entrance Channel; Outer Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston Channel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile 352; Texas City Channel; Texas City Turning Basin; Texas City Canal Channel; Texas City Canal Turning Basin; Houston Ship Channel; Bayport Channel; Bayport Turning Basin; Houston Turning Basin; and the following precautionary areas associated with these waterways. (b) Precautionary areas. Table 161.35( b )—VTS Houston/Galveston Precautionary Areas Note: Each Precautionary Area encompasses a circular area of the radius denoted. (c) Reporting points. Table 161.35( c )—VTS Houston/Galveston Reporting Points | |||
| 33:33:2.0.1.6.28.3.199.4 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.40 Vessel Traffic Service Berwick Bay. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2009-0416, 74 FR 27441, June 10, 2009] | (a) The VTS area consists of the navigable waters of the following segments of waterways: the Intracoastal Waterway (ICW) Morgan City to Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 102 WHL; the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122; from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south one statute mile along Bayou Shaffer; and from Berwick Lock northwest one statute mile along the Lower Atchafalaya River. (b) VTS Special Area. The Berwick Bay VTS Special Area consists of those waters within a 1000 yard radius of the Burlington Northern/Santa Fe Railroad Bridge located at Mile .03 MC/PA. (c) Reporting Points. Table 161.40( c )—VTS Berwick Bay Reporting Points | |||
| 33:33:2.0.1.6.28.3.199.5 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.45 Vessel Traffic Service St. Marys River. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2016-0498, 82 FR 35088, July 28, 2017] | (a) The VTS area consists of the navigable waters of the St. Marys River and lower Whitefish Bay from 45°57′ N. (De Tour Reef Light) to the south, to 46°38.7′ N. (Ile Parisienne Light) to the north, except the waters of the St. Marys Falls Canal, and to the east along a line from La Pointe to Sims Point, within Potagannissing Bay and Worsley Bay. (b) Reporting Points. Table 1 to § 161.45( b )—VTS St. Marys River Reporting Points | |||
| 33:33:2.0.1.6.28.3.199.6 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.50 Vessel Traffic Service San Francisco. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-2016-0498, 82 FR 35088, July 28, 2017] | The VTS area consists of all the navigable waters of San Francisco Bay Region south of the Mare Island Causeway Bridge and the Petaluma River Entrance Channel Daybeacon 19 and Petaluma River Entrace Channel Light 20 and north of the Dumbarton Bridge; its seaward approaches within a 38 nautical mile radius of Mount Tamalpais (37°55.8′ N., 122°34.6′ W.); and its navigable tributaries as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River. | |||
| 33:33:2.0.1.6.28.3.199.7 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2011-1024, 78 FR 51671, Aug. 21, 2013; USCG-2014-0410, 79 FR 38442, July 7, 2014; USCG-2016-0498, 82 FR 35088, July 28, 2017; USCG-2018-0874, 84 FR 30880, June 28, 2019] | The Vessel Traffic Service Puget Sound area consists of the U.S. navigable waters of the Salish Sea from a line drawn from the Washington State coastline at 48°23.133′ N., 124°43.616′ W. on Cape Flattery to the Cape Flattery Light at 48°23.5′ N., 124°44.2′ W. on Tatoosh Island, due west to the U.S. Territorial Sea Boundary; thence northward along the U.S. Territorial Sea Boundary to its intersection with the U.S./Canada International Boundary; thence east along the U.S./Canada International Boundary to 49°00.1′ N., 122°45.3′ W. (International Boundary Range C Rear Light). (a) Vessel Traffic Service Puget Sound participates in a U.S./Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de Fuca Region consists of all navigable waters of the Salish Sea, bounded on the northwest by 48°35.749′ N.; and on the southwest by 48°23.5′ N.; and on the west by the rhumb line joining 48°35.749′ N., 124°47.5′ W. with 48°23.5′ N., 124°48.616′ W.; and on the northeast by a line drawn along 49° N. from Vancouver Island to Semiahmoo Bay; and on the southeast, by a line drawn from McCurdy Point on the Quimper Peninsula to Point Partridge on Whidbey Island. Canadian and United States Vessel Traffic Centers (Prince Rupert, B.C., Canada; Vancouver, B.C., Canada; and Seattle, WA) manage traffic within the CVTS area irrespective of the International Boundary. (b) VTS Special Area: The Eastern San Juan Island Archipelago VTS Special Area consists of all waters of the eastern San Juan Island Archipelago including: Rosario Strait bounded to the south by latitude 48°26.40′ N. (the center of the Precautionary Area “RB”) extending from Lopez Island to Fidalgo Island, and to the north by latitude 48°40.57′ N. (the center of the Precautionary Area “C”) extending from Orcas Island to Lummi Island; Guemes Channel; Bellingham Channel; Padilla Bay and southern Bellingham Bay (Samish Bay) south of latitude 48°38.42′N. The center of precautionary area “RB” is not marke… | |||
| 33:33:2.0.1.6.28.3.199.8 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.60 Vessel Traffic Service Prince William Sound. | USCG | [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-2001-10254, 67 FR 53742, Aug. 19, 2002; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2023-0759, 89 FR 22948, Apr. 3, 2024] | (a) The VTS area consists of the navigable waters of the United States north of a line drawn from Cape Hinchinbrook Light to Schooner Rock Light, comprising that portion of Prince William Sound between 146°30′ W. and 147°20′ W. and includes Valdez Arm, Valdez Narrows and Port Valdez. (b) The Valdez Arm VTS Special Area consists of the waters of the Valdez Arm Traffic Separation Scheme (described in § 167.1703 of this chapter); the waters northeast of a line drawn from shoreline to shoreline through the points 60°58.04′ N, 146°46.52′ W and 60°58.93′ N, 146°48.86′ W; and southwest of a line bearing 307° True from Tongue Point at 61°02.10′ N, 146°40.00′ W. (c) The Valdez Narrows VTS Special Area consists of those waters of Valdez Arm, Valdez Narrows, and Port Valdez northeast of a line bearing 307° True from Tongue Point at 61°02′06″ N., 146°40′ W.; and southwest of a line bearing 307° True from Entrance Island Light at 61°05′06″ N., 146°36′42″ W. (d) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Valdez Narrows VTS Special Area: (1) No VMRS User shall proceed north of 61° N. without prior approval of the VTS. (2) For a vessel listed in paragraph (d)(3) of this section— (i) Approval to enter this area will not be granted to a vessel when a tank vessel of more than 20,000 deadweight tons is navigating therein; (ii) A northbound vessel shall remain south of 61° N. until the VTS has granted permission to proceed; and (iii) A southbound vessel shall remain in Port Valdez east of 146°35′ W. and north of 61°06′ N. until the VTS has granted permission to proceed. (3) Paragraph (d)(2) of this section applies to— (i) A vessel of 1600 gross tons or more; and (ii) A towing vessel of 8 meters or more in length, except for a vessel performing duties as an escort vessel as defined in 33 CFR part 168. (e) Reporting Points. Table 161.60( d )—VTS Prince William Sound Reporting Points | |||
| 33:33:2.0.1.6.28.3.199.9 | 33 | Navigation and Navigable Waters | I | P | 161 | PART 161—VESSEL TRAFFIC MANAGEMENT | C | Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points | § 161.65 Vessel Traffic Service Lower Mississippi River. | USCG | [USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended at 76 FR 31230, May 31, 2011] | (a) The Vessel Traffic Service (VTS) area consists of navigable waters of the Lower Mississippi River (LMR) below 30°38.7′ N 91°17.5′ W (Port Hudson Light at 254.5 miles Above Head of Passes (AHP)), the Southwest Pass, and those within a 12-nautical mile radius around 28°54.3′ N 89°25.7′ W (Southwest Pass Entrance Light at 20.1 miles Below Head of Passes). (b) The Algiers Point VTS Special Area consists of the navigable waters of the LMR bounded on the north by a line drawn from 29°57.62′ N 90°02.61′ W to 29°57.34′ N 90°02.60′ W and on the south by a line drawn from 29°56.89′ N 90°03.72′ W to 29°56.93′ N 90°03.34′ W (95.0 and 93.5 miles AHP) during periods of high water—that is, when the Carrolton Gage reads 8.0 feet or above on a rising stage or 9.0 feet or above on a falling stage, or under any other water conditions the Captain of the Port (COTP) deems necessary. (c) Additional Algiers Point VTS Special Area Operating Requirements. The following additional requirements are applicable in the Algiers Point VTS Special Area: (1) A vessel movement reporting system (VMRS) user must abide by the signals of the Governor Nicholls Street Wharf, 29°57.6′ N 90°03.4′ W, and Gretna, 29°55.5′ N 90°03.7′ W, Control Lights (94.3 and 96.6 miles AHP, respectively) in the following manner: (i) Green Light —May proceed as intended. (ii) Red Light —Do not proceed, unless otherwise directed by the VTS. (iii) No Light —Do not proceed, immediately notify VTS and await further directions. To provide advance notification to downbound vessels, a traffic repeater signal of Gretna Light is located at Westwego, LA, 29°54.8′ N; 90°08.3′ W (101.4 miles AHP). (2) A vessel awaiting a signal change or VTS directions must keep clear of other vessels transiting the area. (d) The Eighty-one Mile Point VTS Special Area consists of navigable waters of the LMR between 167.5 miles AHP and 187.9 miles AHP. (e) Additional Eighty-one Mile Point VTS Special Area Operating Requirements. The following additional requirements are applicable … | |||
| 46:46:6.0.1.1.4.2.1.1 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-1 Incorporation by reference. | USCG | [USCG-2012-0196, 81 FR 48274, July 22, 2016] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Lifesaving and Fire Safety Division (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) FM Global, 1151 Boston-Providence Turnpike, P.O. Box 9102, Norwood, MA 02062, 781-762-4300, http://www.fmglobal.com. (1) ANSI/FM Approvals 3260, American National Standard for Radiant Energy-Sensing Fire Detectors for Automatic Fire Alarm Signaling, February 2004 (“ANSI/FM 3260”), IBR approved for § 161.002-6(b). (2) [Reserved] (c) International Electrotechnical Commission (IEC), 3, rue de Varembe, P.O. Box 131, CH-1211 Geneva 20—Switzerland, +41 22 919 02 11, http://www.iec.ch. (1) IEC 60092-504:2001(E), Electrical Installations in Ships—Part 504: Special Features—Control and Instrumentation, Third edition, March 2001, IBR approved for § 161.002-6(c) and (d), and § 161.002-15(d). (2) [Reserved] (d) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org. (1) FSS Code, International Code for Fire Safety Systems, Second Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for § 161.002-15(b). (2) [Reserved] (e) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org. (1) NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition, effective August 26, 2009 (“NFPA 72”), IBR approved for § 161.002-10(b). (2) [Reserved] (f) UL (formerly Underwriters Laboratori… | |||
| 46:46:6.0.1.1.4.2.1.10 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-17 Equivalents. | USCG | [CGD 94-108, 61 FR 28292, June 4, 1996] | The Commandant may approve any arrangement, fitting, appliance, apparatus, equipment, calculation, information, or test that provides a level of safety equivalent to that established by specific provisions of this subpart. Requests for approval must be submitted to Commandant (CG-ENG). If necessary, the Commandant may require engineering evaluations and tests to demonstrate the equivalence of the substitute. | |||
| 46:46:6.0.1.1.4.2.1.11 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-18 System method of applications for equipment approval. | USCG | [CGD 94-108, 61 FR 28292, June 4, 1996, as amended by USCG-1999-6216, 64 FR 53228, Oct. 1, 1999; USCG-2013-0671, 78 FR 60160, Sept. 30, 2013; USCG-2012-0196, 81 FR 48276, July 22, 2016; USCG-2020-0519, 89 FR 76703, Sept. 18, 2024] | (a) The manufacturer must submit the following material to the Commandant (CG-ENG), according to § 159.001-5 of this subchapter: (1) A formal written request that the system be reviewed for approval. (2) The system's instruction manual, including information concerning installation, maintenance, limitations, programming, operation, and troubleshooting. (3) Proof of listing the system devices meeting the requirements of § 161.002-6(a). (4) The complete test report(s) meeting the requirements of § 161.002-6 generated by an independent laboratory accepted by the Commandant under part 159 of this subchapter or an NRTL as set forth in 29 CFR 1910.7. A current list of Coast Guard-accepted laboratories may be obtained from the following website: https://cgmix.uscg.mil/eqlabs/. (5) A list prepared by the manufacturer that contains the name, model number, and function of each major component and accessory, such as the main control cabinet, remote annunciator cabinet, detector, zone card, isolator, central processing unit, zener barrier, special purpose module, or power supply. This list must be identified by the following information assigned by the manufacturer: (i) A document number; (ii) A revision number (the original submission being revision number 0); and (iii) The date that the manufacturer created or revised the list. (b) The Coast Guard distributes a copy of the approved instruction manual to the manufacturer and to the Coast Guard Marine Safety Center (MSC). (c) The manufacturer must maintain an account of the equipment offered for approval. The list identification information in paragraphs (a)(5)(i) through (a)(5)(iii) of this section appears on the Certificate of Approval and indicates the official compilation of components for the approved system. If the manufacturer seeks to apply subsequently for the approval of a revision (because of, for example, additional accessories becoming available, replacements to obsolete components, or a change in materials or standards of safety), changes to the appr… | |||
| 46:46:6.0.1.1.4.2.1.12 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-19 Device method of application for equipment approval. | USCG | [USCG-2012-0196, 81 FR 48276, July 22, 2016, as amended by USCG-2020-0519, 89 FR 76703, Sept. 18, 2024] | (a) The manufacturer must submit the following material to the Commandant (CG-ENG) according to § 159.001-5 of this subchapter: (1) A formal written request that the device be reviewed for approval; (2) The device's instruction manual, including information concerning installation, maintenance, limitations, programming, operation, and troubleshooting; (3) Proof of listing the device meeting the requirements of § 161.002-6(a); and (4) The complete test report(s) meeting the requirements of § 161.002-6 generated by an independent laboratory accepted by the Commandant under part 159 of this subchapter or an NRTL as set forth in 29 CFR 1910.7. A current list of Coast Guard accepted laboratories may be obtained from the following website: https://cgmix.uscg.mil/eqlabs/. (b) To apply for a revision, the manufacturer must submit— (1) A written request under paragraph (a) of this section; (2) Updated documentation under paragraph (a)(2) of this section; (3) Proof of listing the device meeting the requirements of § 161.002-6(a); and (4) A report by an independent laboratory accepted by the Commandant under part 159 of this subchapter or an NRTL as set forth in 29 CFR 1910.7 is required to document compliance with § 161.002-6. (c) If the Coast Guard approves the device or a revision to a device, it issues a Certificate of Approval, normally valid for a 5-year term. | |||
| 46:46:6.0.1.1.4.2.1.2 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-2 Definitions. | USCG | [USCG-2012-0196, 81 FR 48274, July 22, 2016] | In this subpart, the term— Device means individual components ( e.g. detectors, control panels, alarms, etc.) that are used to comprise a fire detection system. Devices may receive Coast Guard approval in accordance with § 161.002-19. Fire detection or fire detection and alarm systems system means a complete detection system that is designed to give warning of the presence of fire or smoke in the protected spaces. A complete system includes normal and emergency power supplies, control units, remote annunciator panels, fire detectors and/or smoke detectors, manual pull stations, and audible and visual alarms, which are distinct from the alarms of any other system not indicating fire. Listed means equipment or materials included in a list published by an organization that is an accepted independent laboratory, as defined in 46 CFR 159.010, or a nationally recognized testing laboratory, as set forth in 29 CFR 1910.7, whose listing states that either the equipment or material meets appropriate designated standards. Nationally recognized testing laboratory (NRTL) means an organization that the Occupational Safety and Health Administration (OSHA) has recognized as meeting the requirements in 29 CFR 1910.7. These requirements are for the capability, control programs, complete independence, and reporting and complaint-handling procedures to test and certify specific types of products for workplace safety. This means, in part, that an organization must have the necessary capability both as a product safety testing laboratory and as a product certification body to receive OSHA recognition as an NRTL. Sample extraction smoke detection systems means systems that collect and analyze air samples from protected spaces in order to detect products of combustion. A complete system includes a control unit, a blower box, accumulators, and a piping system with associated fittings. | |||
| 46:46:6.0.1.1.4.2.1.3 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-3 [Reserved] | USCG | |||||
| 46:46:6.0.1.1.4.2.1.4 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-4 General requirements. | USCG | [USCG-2012-0196, 81 FR 48275, July 22, 2016] | (a) The purpose of fire detection systems is to give warning of the presence of fire in the protected spaces. To meet this end, the basic requirements of these systems are reliability, sturdiness, simplicity of design, ease of servicing, and the ability to withstand shipboard shock and vibration and the adverse effects of sea humidity. All fire detection systems must be designed, constructed, tested, marked, and installed according to the applicable standards as incorporated by reference in § 161.002-1 and 46 CFR chapter I, subchapter J (Electrical Engineering) of this chapter. (b) Approvals for detection systems issued before July 22, 2017 will remain valid until July 22, 2021. (c) Detection systems installed, with a valid approval, before July 22, 2021 may be maintained onboard vessels and repaired as indicated in 46 CFR 76.27-80(d). | |||
| 46:46:6.0.1.1.4.2.1.5 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-6 Testing requirements. | USCG | [USCG-2012-0196, 81 FR 48275, July 22, 2016] | (a) Devices must be tested and listed for fire service by an accepted independent laboratory, as accepted in accordance with § 159.010 of this subchapter, or by a NRTL as set forth in 29 CFR 1910.7. (b) Each fire detection device must comply with the following standards (incorporated by reference, see § 161.002-1) as appropriate: (1) Control units—UL 864; (2) Heat detectors—UL 521; (3) Smoke detectors—UL 268; (4) Flame detectors—ANSI/FM 3260; (5) Audible alarms—UL 464 or UL 1480; (6) Visual alarms—UL 1971; and (7) Manual Signaling Boxes—UL 38. (c) All devices must be tested by an accepted independent laboratory, as defined in § 159.010 of this subchapter, to meet the marine environment testing requirements in Table 161.002-6(c) of this section. The test parameters are found in IEC 60092-504 (incorporated by reference, see § 161.002-1). Table 161.002-6( c )—Marine Environmental Testing Requirements 1 This test only needs to be completed if the device is in a location with moving mechanical parts. (d) All fire detection system control units and remote annunciators must have enclosure protection as outlined in part 5 of IEC 60092-504 (incorporated by reference, see § 161.002-1) if the requirements exceed those of 46 CFR 111.01-9. Otherwise, 46 CFR 111.01-9 must be complied with. | |||
| 46:46:6.0.1.1.4.2.1.6 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-8 Automatic fire detecting systems, general requirements. | USCG | [21 FR 9032, Nov. 21, 1956, as amended by CGD 94-108, 61 FR 28292, June 4, 1996; USCG-2012-0196, 81 FR 48276, July 22, 2016] | (a) General. A fire detection system must consist of a power supply; a control unit on which visible and audible fire and trouble signaling indicators are located; fire and/or smoke detectors; and fire and/or smoke detector circuits, as required, originating from the control unit. Power failure alarm devices may be separately housed from the control unit and may be combined with other power failure alarm systems when specifically approved. (b) [Reserved] | |||
| 46:46:6.0.1.1.4.2.1.7 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-9 Fire detection system, power supply. | USCG | [USCG-2012-0196, 81 FR 48276, July 22, 2016] | The power supply for a fire detection system must meet the requirements of § 113.10-9 of this chapter. | |||
| 46:46:6.0.1.1.4.2.1.8 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-10 Fire detection system control unit. | USCG | [USCG-2012-0196, 81 FR 48276, July 22, 2016] | (a) General. The fire detection system control unit must meet the requirements of § 111.01-9 of this chapter. (b) Electrical supervision — Circuits. The circuits must comply with Chapter 23 of NFPA 72 (incorporated by reference, see § 161.002-1), and must be Class A or Class X pathway. | |||
| 46:46:6.0.1.1.4.2.1.9 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.002 | Subpart 161.002—Fire Detection Systems | § 161.002-15 Sample extraction smoke detection systems. | USCG | [USCG-2012-0196, 81 FR 48276, July 22, 2016] | (a) General. The sample extraction smoke detection system must consist of a means for continuously exhausting an air sample from the protected spaces and testing the air for contamination with smoke, together with visual and audible alarms for indicating the presence of smoke. (b) Design. The sample extraction smoke detection system must be designed and capable of being installed in accordance with 46 CFR chapter I, subchapter J (Electrical Engineering) and the FSS Code (incorporated by reference, see § 161.002-1). (c) Power supply. The power supply for the sample extraction smoke detection system must meet the requirements of § 113.10-9 of this chapter. (d) Control unit standards. The control unit must be listed by either a NRTL as set forth in 29 CFR 1910.7 or an independent laboratory that is accepted by the Commandant under part 159 of this chapter. The listing must be to the standards specified in UL 864 and tested to the parameters found in IEC 60092-504 (both incorporated by reference, see § 161.002-1). | |||
| 46:46:6.0.1.1.4.3.1.1 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.006 | Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels | § 161.006-1 Applicable specifications. | USCG | [CGFR 49-43, 15 FR 127, Jan. 11, 1950, as amended by USCG-1999-5151, 64 FR 67185, Dec. 1, 1999] | (a) The following specifications, of the issue in effect on the date motor lifeboat searchlights are manufactured, form a part of this subpart: (1) Navy Department specifications: 42S5—Screws, machine, cap and set, and nuts. 43B11—Bolts, nuts, studs, and tap-rivets (and materials for same). 42S5—Screws, machine, cap and set, and nuts. 43B11—Bolts, nuts, studs, and tap-rivets (and materials for same). (2) Federal specification: QQ-B-611—Brass, Commercial; bars, plates, rods, shapes, sheets, and strip. QQ-B-611—Brass, Commercial; bars, plates, rods, shapes, sheets, and strip. (3) Standards of ASTM: ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog) Apparatus—161.006-5 ASTM B 456-95, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium—161.006-4 You may obtain these standards from The American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog) Apparatus—161.006-5 ASTM B 456-95, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium—161.006-4 You may obtain these standards from The American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (4) Underwriters' Laboratories, Inc.: Standard for flexible cord and fixture wire, third edition, October, 1935. Standard for flexible cord and fixture wire, third edition, October, 1935. (b) Copies of the above specifications shall be kept on file by the manufacturer, together with the approved plans and certificate of approval. | |||
| 46:46:6.0.1.1.4.3.1.2 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.006 | Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels | § 161.006-2 Type. | USCG | (a) The motor lifeboat searchlight shall be of the incandescent type equipped with a lamp of approximately 90 watts of proper voltage for use with the electric power installation of the lifeboat, usually a 12-volt radio storage battery. (b) [Reserved] | ||||
| 46:46:6.0.1.1.4.3.1.3 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.006 | Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels | § 161.006-3 Materials and workmanship. | USCG | (a) Materials. The materials shall be of best quality and suitable in every respect for the purpose intended. All materials shall be corrosion resistant. The use of acid flux in making joints shall not be permitted. (b) Workmanship. The workmanship shall be first class in every respect. | ||||
| 46:46:6.0.1.1.4.3.1.4 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.006 | Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels | § 161.006-4 Requirements. | USCG | [CGFR 49-43, 15 FR 127, Jan. 11, 1950, as amended by USCG-1999-5151, 64 FR 67185, Dec. 1, 1999] | (a) Corrosion-resisting materials. Silver, corrosion-resisting steel, copper, brass, bronze and copper-nickel alloys are considered satisfactory corrosion-resistant materials within the intent of this subpart. (b) Searchlight parts. The motor lifeboat searchlight shall, in general consist of the following parts: Yoke and pedestal. Housing. Front door. Reflector. Lamp socket. Supply cable. Yoke and pedestal. Housing. Front door. Reflector. Lamp socket. Supply cable. (c) Weight and dimensions. The height of the motor lifeboat searchlight shall not exceed 19 inches and the weight shall not exceed 16 pounds, unless otherwise approved. (d) Wiring. The motor lifeboat searchlight shall be wired with a five-foot length of rubber-jacketed hard service flexible cord, Underwriters' Laboratories, Inc., Type S, or equivalent, of a size not less than No. 16 AWG. At the point where the cable enters the searchlight, a waterproof entrance bushing with packing gland and cord grip shall be provided. (e) Lamp and socket. The motor lifeboat searchlight shall be provided with a lamp of not less than 80 watts nor more than 100 watts, and a suitable lamp socket. Means shall be provided for adjusting and securing the lamp socket at any position between the focal point and a point not less than 1/4 inch away from the focal point in either direction in the axis of the beam. (f) Housing. The housing shall be constructed of brass, Federal Specification QQ-B-611, Composition E, copper alloy, or other suitable corrosion-resistant material as approved, of a thickness not less than No. 20 AWG. The housing shall be capable of free movement of at least 60 degrees above and 20 degrees below the horizontal, and of a free movement of 360 degrees in a horizontal plane. It shall be possible to lock the barrel in any desired position, vertically or horizontally, without the use of tools. A sturdy metal hand grip shall be provided at the back of the housing for housing-adjusting purposes. (g) Front door. A fro… | |||
| 46:46:6.0.1.1.4.3.1.5 | 46 | Shipping | I | Q | 161 | PART 161—ELECTRICAL EQUIPMENT | 161.006 | Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels | § 161.006-5 Sampling, inspections and tests. | USCG | [CGFR 49-43, 15 FR 127, Jan. 11, 1950, as amended by USCG-1999-5151, 64 FR 67185, Dec. 1, 1999] | (a) General. Motor lifeboat searchlights specified by this subpart are not inspected at regularly scheduled factory inspections of production lots, but the Commander of the Coast Guard District may detail an inspector at any time to visit any place where such searchlights are manufactured to check materials and construction methods and to conduct such tests and examinations as may be required to satisfy himself that the searchlights are being manufactured in compliance with the requirements of this specification and with the manufacturer's plans and specifications approved by the Commandant. (b) Methods of test —(1) Waterproof test. The searchlight shall be subjected for 5 minutes to a stream of water under a head of approximately 35 feet from a hose not less than 1 inch in diameter from a distance of approximately 10 feet. The hose nozzle shall be adjusted to give a solid stream at the enclosure. No leakage shall occur in this test. (2) Beam candlepower. All light except that produced from the searchlight under test shall be excluded from the room in which measurements are made. The searchlight shall be operated at rated voltage with a seasoned lamp as specified in § 161.006-4(e). Measurements of beam candlepower shall be made at the corners of a 6-inch square located in the center of the beam at a distance of 32 feet immediately in front of the searchlight. (3) Corrosion resistance. The searchlight shall be subjected to a 200-hour salt spray test in accordance with ASTM B 117 (incorporated by reference, see § 161.006-1). There shall be no evidence of corrosion that will be detrimental to the operation of the searchlight. (4) Heat run. The searchlight, completely assembled, shall be operated continuously for 2 hours at rated voltage following which the waterproof test shall be conducted. This cycle shall be repeated 3 times. The ambient temperature shall be approximately 25 °C. The water stream shall be from an ordinary cold water tap. |
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