cfr_sections
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238 rows where part_number = 164 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 21:21:2.0.1.1.39.2.1.1 | 21 | Food and Drugs | I | B | 164 | PART 164—TREE NUT AND PEANUT PRODUCTS | B | Subpart B—Requirements for Specific Standardized Tree Nut and Peanut Products | § 164.110 Mixed nuts. | FDA | [42 FR 14475, Mar. 15, 1977, as amended at 58 FR 2885, Jan. 6, 1993] | (a) Mixed nuts is the food consisting of a mixture of four or more of the optional shelled tree nut ingredients, with or without one or more of the optional shelled peanut ingredients, of the kinds prescribed by paragraph (b) of this section; except that when 2 ounces or less of the food is packed in transparent containers, three or more of the optional tree nut ingredients shall be present. Each such kind of nut ingredient when used shall be present in a quantity not less than 2 percent and not more than 80 percent by weight of the finished food. For purposes of this section, each kind of tree nut and peanut is an optional ingredient that may be prepared by any suitable method in accordance with good manufacturing practice. The finished food may contain one or more of the optional nonnut ingredients provided for in paragraph (c) of this section. (b) The optional shelled nut ingredients referred to in paragraph (a) of this section are: (1) Almonds, black walnuts, Brazil nuts, cashews, English walnuts (alternatively “walnuts”), filberts, pecans, and other suitable kinds of tree nuts. (2) Peanuts of the Spanish, Valencia, Virginia, or similar varieties, or any combination of two or more such varieties. (c) The optional nonnut ingredients referred to in paragraph (a) of this section consist of suitable substances that are not food additives as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act; or if they are food additives as so defined, they are used in conformity with regulations established pursuant to section 409 of the act. Nonnut ingredients that perform a useful function are regarded as suitable, except that color additives are not suitable ingredients of the food. (d) The name of the food is “mixed nuts”. If the percentage of a single tree nut ingredient or the total peanut content by weight of the finished food exceeds 50 percent but not 60 percent, the statement “contains up to 60% ______” or “contains 60% ______” or “60% ______” shall immediately follow the name “mixed nuts” and s… | |||
| 21:21:2.0.1.1.39.2.1.2 | 21 | Food and Drugs | I | B | 164 | PART 164—TREE NUT AND PEANUT PRODUCTS | B | Subpart B—Requirements for Specific Standardized Tree Nut and Peanut Products | § 164.120 Shelled nuts in rigid or semirigid containers. | FDA | (a)-(b) [Reserved] (c) Fill of container. (1) The standard of fill for shelled nuts in rigid or semirigid containers is a fill such that the average volume of nuts, from the number of containers specified in § 164.110(d)(1), is not less than 85 percent of the container volume as determined by the method in paragraph (c)(2) of this section. (2) The method for determining the percent of fill is as follows: (i) For the shelled nuts in each container, determine the loose volume, the settled volume, and the average volume in cubic centimeters. For the purposes of this subparagraph, consider volume in milliliters to be numerically equal to volume in cubic centimeters. Open the container and pour the nuts loosely into a vertical graduated cylinder (do not tilt) of appropriate size fitted with a funnel which has been modified, if necessary, to provide a minimum opening of 1 1/2 -inch diameter. (If the loose volume of the nuts is less than 500 milliliters, use a 500-milliliter cylinder with an inside diameter of approximately 1 7/8 inches; but if the loose volume is 500 milliliters or more, use a 1,000-milliliter cylinder with an inside diameter of approximately 2 1/4 inches.) Without shaking the cylinder, estimate the location of a horizontal plane representing the average height of the product, read the volume of the nuts, and record as the loose volume. Raise the cylinder 2 inches and allow it a free vertical drop onto a level, firm, but resilient surface (do not tamp) for a total of 5 times and observe the volume as above. Repeat in successive five-drop increments until the nuts have so settled that the volume decreases less than 2 percent in the last five-drop increment. Read the last volume in the manner described above and record as the settled volume. The arithmetical average of the loose volume and the settled volume equals the average volume of nuts. (ii) Classify the container by shape and determine its volume in cubic centimeters according to one of the following methods as appropriate: ( a ) For c… | ||||
| 21:21:2.0.1.1.39.2.1.3 | 21 | Food and Drugs | I | B | 164 | PART 164—TREE NUT AND PEANUT PRODUCTS | B | Subpart B—Requirements for Specific Standardized Tree Nut and Peanut Products | § 164.150 Peanut butter. | FDA | [42 FR 14475, Mar. 15, 1977, as amended at 47 FR 11834, Mar. 19, 1982; 49 FR 10103, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2886, Jan. 6, 1993; 61 FR 9325, Mar. 8, 1996; 63 FR 14035, Mar. 24, 1998; 88 FR 53773, Aug. 9, 2023] | (a) Peanut butter is the food prepared by grinding one of the shelled and roasted peanut ingredients provided for by paragraph (b) of this section, to which may be added safe and suitable seasoning and stabilizing ingredients provided for by paragraph (c) of this section, but such seasoning and stabilizing ingredients do not in the aggregate exceed 10 percent of the weight of the finished food. To the ground peanuts, cut or chopped, shelled, and roasted peanuts may be added. During processing, the oil content of the peanut ingredient may be adjusted by the addition or subtraction of peanut oil. The fat content of the finished food shall not exceed 55 percent when determined as prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), section 27.006(a) under “Crude Fat—Official First Action, Direct Method,” in paragraph (a), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) The peanut ingredients referred to in paragraph (a) of this section are: (1) Blanched peanuts, in which the germ may or may not be included. (2) Unblanched peanuts, including the skins and germ. (c) The seasoning and stabilizing ingredients referred to in paragraph (a) of this section are 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, they are used in conformity with regulations established pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act. Seasoning and stabilizing ingredients that perform a useful function are regarded as suitable, except that artificial flavorings, artificial sweeteners, ch… | |||
| 33:33:2.0.1.6.31.0.199.1 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.01 Applicability. | USCG | [CGD 83-004, 49 FR 43466, Oct. 29, 1984, as amended by CGD 94-020, 61 FR 35072, July 3, 1996; USCG-2000-8300, 66 FR 21864, May 2, 2001; USCG-2003-14757, 68 FR 39367, July 1, 2003; USCG-2024-1103, 90 FR 52878, Nov. 24, 2025] | (a) This part (except as specifically limited by this section) applies to each self-propelled vessel of 1600 or more gross tons (except as provided in paragraphs (c) and (d) of this section, or for foreign vessels described in § 164.02) when it is operating in the navigable waters of the United States except the St. Lawrence Seaway. (b) Sections 164.70 through 164.82 of this part apply to each towing vessel of 12 meters (39.4 feet) or more in length operating in the navigable waters of the United States other than the St. Lawrence Seaway; except that a towing vessel is exempt from the requirements of § 164.72 if it is— (1) Used solely within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used solely for restricted service, such as making up or breaking up larger tows; (2) Used solely for assistance towing as defined by 46 CFR 10.107; (3) Used solely for pollution response; or (4) Any other vessel exempted by the Captain of the Port (COTP). The COTP, upon written request, may, in writing, exempt a vessel from § 164.72 for a specified route if he or she decides that exempting it would not allow its unsafe navigation under anticipated conditions. (c) Provisions of §§ 164.11(a)(2) and (c), 164.30, 164.33, and 164.46 do not apply to warships or other vessels owned, leased, or operated by the United States Government and used only in government noncommercial service when these vessels are equipped with electronic navigation systems that have met the applicable agency regulations regarding navigation safety. (d) Provisions of § 164.46 apply to some self-propelled vessels of less than 1600 gross tonnage. | |||||
| 33:33:2.0.1.6.31.0.199.10 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.33 Charts and publications. | USCG | [CGD 82-055, 48 FR 44535, Sept. 29, 1983, as amended by USCG-2001-9286, 66 FR 33641, June 25, 2001; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2016-0498, 82 FR 35088, July 28, 2017] | (a) Each vessel must have the following: (1) Marine charts of the area to be transited, published by the National Ocean Service, U.S. Army Corps of Engineers, or a river authority that— (i) Are of a large enough scale and have enough detail to make safe navigation of the area possible; and (ii) Are currently corrected. (2) For the area to be transited, a currently corrected copy of, or applicable currently corrected extract from, each of the following publications: (i) U.S. Coast Pilot. (ii) Coast Guard Light List. (3) For the area to be transited, the current edition of, or applicable current extract from: (i) Tide tables published by private entities using data provided by the National Ocean Service. (ii) Tidal current tables published by private entities using data provided by the National Ocean Service or river current publication issued by a river authority. (b) As an alternative to the requirements for paragraph (a) of this section, a marine chart or publication, or applicable extract, published by a foreign government may be substituted for a U.S. chart and publication required by this section. The chart must be of large enough scale and have enough detail to make safe navigation of the area possible, and must be currently corrected. The publication, or applicable extract, must singly or in combination contain similar information to the U.S. Government publication to make safe navigation of the area possible. The publication, or applicable extract must be currently corrected, with the exceptions of tide and tidal current tables, which must be the current editions. (c) As used in this section, “currently corrected” means corrected with changes contained in all Notices to Mariners published by the National Geospatial-Intelligence Agency, or an equivalent foreign government publication, reasonably available to the vessel, and that is applicable to the vessel's transit. | |||||
| 33:33:2.0.1.6.31.0.199.11 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.35 Equipment: All vessels. | USCG | [CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 77-183, 45 FR 18925, Mar. 24, 1980; CGD 83-004, 49 FR 43466, Oct. 29, 1984; CGD 83-043, 60 FR 24771, May 10, 1995; 60 FR 28834, June 2, 1995; USCG-2020-0304, 85 FR 58280, Sept. 18, 2020] | Each vessel must have the following: (a) A marine radar system for surface navigation. (b) An illuminated magnetic steering compass, mounted in a binnacle, that can be read at the vessel's main steering stand. (c) A current magnetic compass deviation table or graph or compass comparison record for the steering compass, in the wheelhouse. (d) A gyrocompass. (e) An illuminated repeater for the gyrocompass required by paragraph (d) of this section that is at the main steering stand, unless that gyrocompass is illuminated and is at the main steering stand. (f) An illuminated rudder angle indicator in the wheelhouse. (g) The following maneuvering information prominently displayed on a fact sheet in the wheelhouse: (1) A turning circle diagram to port and starboard that shows the time and distance and advance and transfer required to alter course 90 degrees with maximum rudder angle and constant power settings, for either full and half speeds, or for full and slow speeds. For vessels whose turning circles are essentially the same for both directions, a diagram showing a turning circle in one direction, with a note on the diagram stating that turns to port and starboard are essentially the same, may be substituted. (2) The time and distance to stop the vessel from either full and half speeds, or from full and slow speeds, while maintaining approximately the initial heading with minimum application of the rudder. (3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds. (4) For each vessel with a controllable pitch propeller, a table of control settings for a representative range of speeds. (5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel. (6) The maneuvering information for the normal load and normal ballast condition for: (i) Calm weather—wind 10 knots or less, calm sea; (ii) No current; … | |||||
| 33:33:2.0.1.6.31.0.199.12 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.37 Equipment: Vessels of 10,000 gross tons or more. | USCG | [CGD 77-016, 43 FR 32112, July 24, 1978, as amended by CGD 79-033, 44 FR 26741, May 7, 1979; CGD 79-033, 47 FR 34389, Aug. 9, 1982; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-2020-0304, 85 FR 58280, Sept. 18, 2020] | (a) Each vessel of 10,000 gross tons or more must have, in addition to the radar system under § 164.35(a), a second marine radar system that operates independently of the first. Independent operation means two completely separate systems, from separate branch power supply circuits or distribution panels to antennas, so that failure of any component of one system will not render the other system inoperative. (b) On each tanker of 10,000 gross tons or more that is subject to 46 U.S.C. 3708, the dual radar system required by this part must have a short range capability and a long range capability; and each radar must have true north features consisting of a display that is stabilized in azimuth. | |||||
| 33:33:2.0.1.6.31.0.199.13 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.38 Automatic radar plotting aids (ARPA). | USCG | [CGD 79-148, 45 FR 54039, Aug. 14, 1980; 45 FR 71800, Oct. 30, 1980, as amended by CGD 83-004, 49 FR 43467, Oct. 29, 1984; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-2011-0257, 76 FR 31838, June 2, 2011] | (a) The following definitions are used in this section— Bulk means material in any quantity that is shipped, stored, or handled without benefit of package, label, mark or count and carried in integral or fixed independent tanks. Constructed means a stage of construction where— (1) The keel is laid; (2) Construction identifiable with a specific ship begins; or (3) Assembly of that ship has commenced comprising at least 50 tons or 1 percent of the estimated mass of all structural material, whichever is less. Hazardous material means— (1) A flammable liquid as defined in 46 CFR 30.10-22 or a combustible liquid as defined in 46 CFR 30.10-15; (2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of 46 CFR 153, or table 4 of 46 CFR part 154; or (3) A liquid, liquefied gas, or compressed gas listed in 49 CFR 172.101. Self-propelled vessel includes those combinations of pushing vessel and vessel being pushed ahead which are rigidly connected in a composite unit and are required by Rule 24(b) of the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) (App. A to 33 CFR part 81) to exhibit the lights prescribed in Rule 23 for a “Power Driven Vessel Underway”. Tank vessel means a vessel that is constructed or adapted to carry; or carries, oil or hazardous materials in bulk as cargo or cargo residue. (b) An Automatic Radar Plotting Aid (ARPA) that complies with the standard for such devices adopted by the International Maritime Organization in its “Operational Standards for Automatic Radar Plotting Aids” (Appendix A), and that has both audible and visual alarms, must be installed as follows: (1) Each self-propelled vessel, except a public vessel, of 10,000 gross tons or more carrying oil or hazardous materials in bulk as cargo or in residue on the navigable waters of the United States, or which transfers oil or hazardous materials in any port or place subject to the jurisdiction of the United States, must be equipped with an ARPA. (2) Each tank vessel of 10,000 gross tons… | |||||
| 33:33:2.0.1.6.31.0.199.14 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.39 Steering gear: Foreign tankers. | USCG | [CGD 83-043, 60 FR 24771, May 10, 1995, as amended by USCG-2024-1103, 90 FR 52878, Nov. 24, 2025] | (a) This section applies to each foreign tanker of 10,000 gross tons or more, except a public vessel, that— (1) Transfers oil at a port or place subject to the jurisdiction of the United States; or (2) Otherwise enters or operates in the navigable waters of the United States, except a vessel described by § 164.02 of this part. (b) Definitions. The terms used in this section are as follows: Constructed means the same as in Chapter II-1, Regulations 1.1.2 and 1.1.3.1, of SOLAS 74. Existing tanker means a tanker— (1) For which the building contract is placed on or after June 1, 1979; (2) In the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after January 1, 1980; (3) The delivery of which occurs on or after June 1, 1982; or (4) That has undergone a major conversion contracted for on or after June 1, 1979; or construction of which was begun on or after January 1, 1980, or completed on or after June 1, 1982. Public vessel, oil, hazardous materials, and foreign vessel mean the same as in 46 U.S.C. 2101. SOLAS 74 means the International Convention for the Safety of Life at Sea, 1974, as amended. Tanker means a self-propelled vessel defined as a tanker or a tank vessel by 46 U.S.C. 2101. (c) Each tanker constructed on or after September 1, 1984, must meet the applicable requirements of Chapter II-1, Regulations 29 and 30, of SOLAS 74. (d) Each tanker constructed before September 1, 1984, must meet the requirements of Chapter II-1, Regulation 29.19, of SOLAS 74. (e) Each tanker of 40,000 gross tons or more, constructed before September 1, 1984, that does not meet the single-failure criterion of Chapter II-1, Regulation 29.16, of SOLAS 74, must meet the requirements of Chapter II-1, Regulation 29.20, of SOLAS 74. (f) Each tanker constructed before September 1, 1984, must meet the applicable requirements of Chapter II-1, Regulations 29.14 and 29.15, of SOLAS 74. | |||||
| 33:33:2.0.1.6.31.0.199.15 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.40 Devices to indicate speed and distance. | USCG | [CGD 83-004, 49 FR 43467, Oct. 29, 1984, as amended by USCG-1998-3799, 63 FR 35532, June 30, 1998] | (a) Each vessel required to be fitted with an Automatic Radar Plotting Aid (ARPA) under § 164.38 of this part must be fitted with a device to indicate speed and distance of the vessel either through the water or over the ground. (b) The device must meet the following specifications: (1) The display must be easily readable on the bridge by day or night. (2) Errors in the indicated speed, when the vessel is operating free from shallow water effect, and from the effects of wind, current, and tide, should not exceed 5 percent of the speed of the vessel, or 0.5 knot, whichever is greater. (3) Errors in the indicated distance run, when the vessel is operating free from shallow water effect, and from the effects of wind, current, and tide, should not exceed 5 percent of the distance run of the vessel in one hour or 0.5 nautical mile in each hour, whichever is greater. | |||||
| 33:33:2.0.1.6.31.0.199.16 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.41 Electronic position fixing devices. | USCG | [USCG-2011-0257, 76 FR 31838, June 2, 2011, as amended by USCG-2014-0410, 79 FR 38442, July 7, 2014] | (a) Each vessel calling at a port in the continental United States, including Alaska south of Cape Prince of Wales, except each vessel owned or bareboat chartered and operated by the United States, or by a state or its political subdivision, or by a foreign nation, and not engaged in commerce, must have a satellite navigation receiver with— (1) Automatic acquisition of satellite signals after initial operator settings have been entered; and (2) Position updates derived from satellite information during each usable satellite pass. (b) A system that is found by the Commandant to meet the intent of the statements of availability, coverage, and accuracy for the U.S. Coastal Confluence Zone (CCZ) contained in the U.S. “Federal Radionavigation Plan” (Report No. DOD-NO 4650.4-P, I or No. DOT-TSC-RSPA-80-16, I). A person desiring a finding by the Commandant under this subparagraph must submit a written application describing the device to the Commandant (CG-DCO-D), Attn: Deputy for Operations Policy and Capabilities, U.S. Coast Guard Stop 7318, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7318. After reviewing the application, the Commandant may request additional information to establish whether or not the device meets the intent of the Federal Radionavigation Plan. Note: The Federal Radionavigation Plan is available from the National Technical Information Service, Springfield, Va. 22161, with the following Government Accession Numbers: Vol 1, ADA 116468 Vol 2, ADA 116469 Vol 3, ADA 116470 Vol 4, ADA 116471 | |||||
| 33:33:2.0.1.6.31.0.199.17 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.42 Rate of turn indicator. | USCG | [CGD 83-004, 49 FR 43468, Oct. 29, 1984] | Each vessel of 100,000 gross tons or more constructed on or after September 1, 1984 shall be fitted with a rate of turn indicator. | |||||
| 33:33:2.0.1.6.31.0.199.18 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.46 Automatic Identification System. | USCG | [USCG-2005-21869, 80 FR 5335, Jan. 30, 2015, as amended at 80 FR 17327, Apr. 1, 2015; USCG-2016-0498, 82 FR 35088, July 28, 2017; USCG-2020-0304, 85 FR 58280, Sept. 18, 2020; USCG-2023-0759, 89 FR 22948, Apr. 3, 2024] | (a) Definitions. As used in this section— Automatic Identification Systems or AIS means a maritime navigation safety communications system standardized by the International Telecommunication Union (ITU), adopted by the International Maritime Organization (IMO), that— (1) Provides vessel information, including the vessel's identity, type, position, course, speed, navigational status and other safety-related information automatically to appropriately equipped shore stations, other ships, and aircraft; (2) Receives automatically such information from similarly fitted ships, monitors and tracks ships; and (3) Exchanges data with shore-based facilities. Gross tonnage means tonnage as defined under the International Convention on Tonnage Measurement of Ships, 1969. International voyage means a voyage from a country to which the present International Convention for the Safety of Life at Sea applies to a port outside such country, or conversely. Properly installed, operational means an Automatic Identification System (AIS) that is installed and operated using the guidelines set forth by the International Maritime Organization (IMO) Resolution A.917(22) and Safety of Navigation Circulars (SN/Circ.) 227, 244, 245, and SN.1/Circ.289; or National Marine Electronics Association (NMEA) Installation Standard 0400-3.10 in lieu of SN/Circ.227 and 245 (incorporated by reference, see § 164.03). (b) AIS carriage —(1) AIS Class A device. The following vessels must have on board a properly installed, operational Coast Guard type-approved AIS Class A device: (i) A self-propelled vessel of 65 feet or more in length, engaged in commercial service. (ii) A towing vessel of 26 feet or more in length and more than 600 horsepower, engaged in commercial service. (iii) A self-propelled vessel that is certificated to carry more than 150 passengers. (iv) A self-propelled vessel engaged in dredging operations in or near a commercial channel or shipping fairway in a manner likely to restrict or affect navigation of other vess… | |||||
| 33:33:2.0.1.6.31.0.199.19 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.51 Deviations from rules: Emergency. | USCG | [CGD 74-77, 42 FR 5956, Jan. 31, 1977] | Except for the requirements of § 164.53(b), in an emergency, any person may deviate from any rule in this part to the extent necessary to avoid endangering persons, property, or the environment. | |||||
| 33:33:2.0.1.6.31.0.199.2 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.02 Applicability exception for foreign vessels. | USCG | [CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 79-148, 45 FR 54039, Aug. 14, 1980; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct. 22, 2003; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015] | (a) Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that: (1) Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and (2) Are in: (i) Innocent passage through the territorial sea of the United States; or (ii) Transit through navigable waters of the United States which form a part of an international strait. | |||||
| 33:33:2.0.1.6.31.0.199.20 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.53 Deviations from rules and reporting: Non-operating equipment. | USCG | [CGD 74-77, 42 FR 5956, Jan. 31, 1977] | (a) If during a voyage any equipment required by this part stops operating properly, the person directing the movement of the vessel may continue to the next port of call, subject to the directions of the District Commander or the Captain of the Port, as provided by part 160 of this chapter. (b) If the vessel's automatic identification system (AIS) radar, radio navigation receivers, gyrocompass, echo depth sounding device, or primary steering gear stops operating properly, the person directing the movement of the vessel must report or cause to be reported that it is not operating properly to the nearest Captain of the Port, District Commander, or, if participating in a Vessel Traffic Service, to the Vessel Traffic Center, as soon as possible. | |||||
| 33:33:2.0.1.6.31.0.199.21 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.55 Deviations from rules: Continuing operation or period of time. | USCG | [CGD 74-77, 42 FR 5956, Jan. 31, 1977] | The Captain of the Port, upon written application, may authorize a deviation from any rule in this part if he determines that the deviation does not impair the safe navigation of the vessel under anticipated conditions and will not result in a violation of the rules for preventing collisions at sea. The authorization may be issued for vessels operating in the waters under the jurisdiction of the Captain of the Port for any continuing operation or period of time the Captain of the Port specifies. | |||||
| 33:33:2.0.1.6.31.0.199.22 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.61 Marine casualty reporting and record retention. | USCG | [CGD 74-77, 42 FR 5956, Jan. 31, 1977] | When a vessel is involved in a marine casualty as defined in 46 CFR 4.03-1, the master or person in charge of the vessel shall: (a) Ensure compliance with 46 CFR Subpart 4.05, “Notice of Marine Casualty and Voyage Records;” and (b) Ensure that the voyage records required by 46 CFR 4.05-15 are retained for: (1) 30 days after the casualty if the vessel remains in the navigable waters of the United States; or (2) 30 days after the return of the vessel to a United States port if the vessel departs the navigable waters of the United States within 30 days after the marine casualty. | |||||
| 33:33:2.0.1.6.31.0.199.23 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.70 Definitions. | USCG | [CGD 94-020, 61 FR 35072, July 3, 1996, as amended by USCG-2006-24371, 74 FR 11213, Mar. 16, 2009] | For purposes of §§ 164.72 through 164.82, the term— Current edition means the most recent published version of a publication, chart, or map required by § 164.72. Currently corrected edition means a current or previous edition of a publication required by § 164.72, corrected with changes that come from Notices to Mariners (NTMs) or Notices to Navigation reasonably available and that apply to the vessel's transit. Hand-annotated river maps from the U.S. Army Corps of Engineers (ACOE) are currently corrected editions if issued within the previous 5 years. Great Lakes means the Great Lakes and their connecting and tributary waters including the Calumet River as far as the Thomas J. O'Brien Lock and Controlling Works (between miles 326 and 327), the Chicago River as far as the east side of the Ashland Avenue Bridge (between miles 321 and 322), and the Saint Lawrence River as far east as the lower exit of Saint Lambert Lock. Merchant mariner credential or MMC means the credential issued by the Coast Guard under 46 CFR part 10. It combines the individual merchant mariner's document, license, and certificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the STCW endorsement into a single credential that serves as the mariner's qualification document, certificate of identification, and certificate of service. Swing-meter means an electronic or electric device that indicates the rate of turn of the vessel on board which it is installed. Towing vessel means a commercial vessel engaged in or intending to engage in pulling, pushing or hauling alongside, or any combination of pulling, pushing, or hauling alongside. Western Rivers means the Mississippi River, its tributaries, South Pass, and Southwest Pass, to the navigational-demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States, and the Port Allen-Morgan City Alternative Route, and that part of the Atchafalaya River above its junction with the Port Allen-Morgan City Alternative Route inclu… | |||||
| 33:33:2.0.1.6.31.0.199.24 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.72 Navigational-safety equipment, charts or maps, and publications required on towing vessels. | USCG | [CGD 94-020, 61 FR 35073, July 3, 1996, as amended by CGD 97-034, 62 FR 40272, July 28, 1997; USCG-1999-5832, 64 FR 34715, June 29, 1999; USCG-2001-9286, 66 FR 33641, June 25, 2001; USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2011-0257, 76 FR 31838, June 2, 2011; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2016-0498, 82 FR 35088, July 28, 2017; USCG-2018-0874, 84 FR 30881, June 28, 2019] | (a) Except as provided by § 164.01(b), each towing vessel must be equipped with the following navigational-safety equipment: (1) Marine radar. By August 2, 1997, a marine radar that meets the following applicable requirements: (i) For a vessel of less than 300 tons gross tonnage that engages in towing on navigable waters of the U.S., including Western Rivers, the radar must meet— (A) The requirements of the Federal Communications Commission (FCC) specified by 47 CFR part 80; and (B) RTCM Standard for Marine Radar Equipment Installed on Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 1.1, display Category II and stabilization Category Bravo. (ii) For a vessel of less than 300 tons gross tonnage that engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes, the radar must meet— (A) The requirements of the FCC specified by 47 CFR part 80; and (B) RTCM Standard for Marine Radar Equipment Installed on Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 1.1, display Category I and stabilization Category Alpha. (iii) For a vessel of 300 tons gross tonnage or more that engages in towing on navigable waters of the U.S., including Western rivers, the radar must meet— (A) The requirements of the Federal Communications Commission (FCC) specified by 47 CFR part 80; and (B) RTCM Recommended Standards for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-X, Version 1.2 except the requirements for azimuth stabilization in paragraph 3.10. (iv) For a vessel of 300 tons gross tonnage or more that engages in towing seaward of navigable waters of the U.S. or more than three nautical miles from shore on the Great Lakes, the radar must meet— (A) The requirements of the FCC specified by 47 CFR part 80; and (B) RTCM Recommended Standards for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-X, … | |||||
| 33:33:2.0.1.6.31.0.199.25 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.74 Towline and terminal gear for towing astern. | USCG | [CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG-1999-5151, 64 FR 67176, Dec. 1, 1999] | (a) Towline. The owner, master, or operator of each vessel towing astern shall ensure that the strength of each towline is adequate for its intended service, considering at least the following factors: (1) The size and material of each towline must be— (i) Appropriate for the horsepower or bollard pull of the vessel; (ii) Appropriate for the static loads and dynamic loads expected during the intended service; (iii) Appropriate for the sea conditions expected during the intended service; (iv) Appropriate for exposure to the marine environment and to any chemicals used or carried on board the vessel; (v) Appropriate for the temperatures of normal stowage and service on board the vessel; (vi) Compatible with associated navigational-safety equipment; and (vii) Appropriate for the likelihood of mechanical damage. (2) Each towline as rigged must be— (i) Free of knots; (ii) Spliced with a thimble, or have a poured socket at its end; and (iii) Free of wire clips except for temporary repair, for which the towline must have a thimble and either five wire clips or as many wire clips as the manufacturer specifies for the nominal diameter and construction of the towline, whichever is more. (3) The condition of each towline must be monitored through the— (i) Keeping on board the towing vessel or in company files of a record of the towline's initial minimum breaking strength as determined by the manufacturer, by a classification (“class”) society authorized in § 157.04 of this chapter, or by a tensile test that meets API Specification 9A, Specification for Wire Rope, Section 3; ASTM D 4268 (incorporated by reference, see § 164.03), Standard Test Method for Testing Fiber Ropes; or Cordage Institute CIA 3, Standard Test Methods for Fiber Rope Including Standard Terminations; (ii) If the towline is purchased from another owner, master, or operator of a vessel with the intent to use it as a towline or if it is retested for any reason, keeping on board the towing vessel or in company files of a record of each retest… | |||||
| 33:33:2.0.1.6.31.0.199.26 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.76 Towline and terminal gear for towing alongside and pushing ahead. | USCG | [CGD 94-020, 61 FR 35075, July 3, 1996] | The owner, master, or operator of each vessel towing alongside or pushing ahead shall ensure that the face wires, spring lines, and push gear used— (a) Are appropriate for the vessel's horsepower; (b) Are appropriate for the arrangement of the tow; (c) Are frequently inspected; and (d) Remain serviceable. | |||||
| 33:33:2.0.1.6.31.0.199.27 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.78 Navigation under way: Towing vessels. | USCG | [CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004] | (a) The owner, master, or operator of each vessel towing shall ensure that each person directing and controlling the movement of the vessel— (1) Understands the arrangement of the tow and the effects of maneuvering on the vessel towing and on the vessel, barge, or object being towed; (2) Can fix the position of the vessel using installed navigational equipment, aids to navigation, geographic reference-points, and hydrographic contours; (3) Does not fix the position of the vessel using buoys alone (Buoys are aids to navigation placed in approximate positions either to alert mariners to hazards to navigation or to indicate the orientation of a channel. They may not maintain exact charted positions, because strong or varying currents, heavy seas, ice, and collisions with vessels can move or sink them or set them adrift. Although they may corroborate a position fixed by other means, they cannot fix a position; however, if no other aids are available, buoys alone may establish an estimated position.); (4) Evaluates the danger of each closing visual or radar contact; (5) Knows and applies the variation and deviation, where a magnetic compass is fitted and where charts or maps have enough detail to enable this type of correction; (6) Knows the speed and direction of the current, and the set, drift, and tidal state for the area to be transited; (7) Proceeds at a safe speed taking into account the weather, visibility, density of traffic, draft of tow, possibility of wake damage, speed and direction of the current, and local speed-limits; and (8) Monitors the voyage plan required by § 164.80. (b) The owner, master, or operator of each vessel towing shall ensure that the tests and inspections required by § 164.80 are conducted and that the results are entered in the log or other record carried on board. | |||||
| 33:33:2.0.1.6.31.0.199.28 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.80 Tests, inspections, and voyage planning. | USCG | [CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004] | (a) The owner, master, or operator of each towing vessel of less than 1,600 GT shall ensure that the following tests and inspections of gear occur before the vessel embarks on a voyage of more than 24 hours or when each new master or operator assumes command: (1) Steering-systems. A test of the steering-gear-control system; a test of the main steering gear from the alternative power supply, if installed; a verification of the rudder-angle indicator relative to the actual position of the rudder; and a visual inspection of the steering gear and its linkage. (2) Navigational equipment. A test of all installed navigational equipment. (3) Communications. Operation of all internal vessel control communications and vessel-control alarms, if installed. (4) Lights. Operation of all navigational lights and all searchlights. (5) Terminal gear. Visual inspection of tackle; of connections of bridle and towing pendant, if applicable; of chafing gear; and of the winch brake, if installed. (6) Propulsion systems. Visual inspection of the spaces for main propulsion machinery, of machinery, and of devices for monitoring machinery. (b) The owner, master, or operator of each towing vessel of 1,600 GT or more shall ensure that the following tests of equipment occur at the frequency required by § 164.25 and that the following inspections of gear occur before the vessel embarks on a voyage of more than 24 hours or when each new master or operator assumes command: (1) Navigational equipment. Tests of onboard equipment as required by § 164.25. (2) Terminal gear. Visual inspection of tackle; of connections of bridle and towing pendant, if applicable; of chafing gear; and of the winch brake, if installed. (c)(1) The voyage-planning requirements outlined in this section do not apply to you if your towing vessel is— (i) Used solely for any of the following services or any combination of these services— (A) Within a limited geographic area, such as a fleeting-area for barges or a commercial facility, and used for r… | |||||
| 33:33:2.0.1.6.31.0.199.29 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.82 Maintenance, failure, and reporting. | USCG | [CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020] | (a) Maintenance. The owner, master, or operator of each towing vessel shall maintain operative the navigational-safety equipment required by § 164.72. (b) Failure. If any of the navigational-safety equipment required by § 164.72 fails during a voyage, the owner, master, or operator of the towing vessel shall exercise due diligence to repair it at the earliest practicable time. He or she shall enter its failure in the log or other record carried on board. The failure of equipment, in itself, does not constitute a violation of this rule; nor does it constitute unseaworthiness; nor does it obligate an owner, master, or operator to moor or anchor the vessel. However, the owner, master, or operator shall consider the state of the equipment—along with such factors as weather, visibility, traffic, and the dictates of good seamanship—in deciding whether it is safe for the vessel to proceed. (c) Reporting. The owner, master, or operator of each towing vessel whose equipment is inoperative or otherwise impaired while the vessel is operating within a Vessel Traffic Service (VTS) Area shall report the fact as required by 33 CFR Table 161.18(a) row Q. (d) Deviation and authorization. The owner, master, or operator of each towing vessel unable to repair within 96 hours an inoperative marine radar required by § 164.72(a) shall so notify the Captain of the Port (COTP) and shall seek from the COTP both a deviation from the requirements of this section and an authorization for continued operation in the area to be transited. Failure of redundant navigational-safety equipment, including but not limited to failure of one of two installed radars, where each satisfies § 164.72(a), does not necessitate either a deviation or an authorization. (1) The initial notice and request for a deviation and an authorization may be spoken, but the request must also be written. The written request must explain why immediate repair is impracticable, and state when and by whom the repair will be made. (2) The COTP, upon receiving even a s… | |||||
| 33:33:2.0.1.6.31.0.199.3 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.03 Incorporation by reference. | USCG | [USCG-2005-21869, 80 FR 5334, Jan. 30, 2015, as amended by USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2015-0926, 83 FR 55281, Nov. 5, 2018] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish notice of the change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For more information on the availability of this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. Also, it is available for inspection at the Commandant (CG-NAV), U.S. Coast Guard Stop 7418, Attn: Office of Navigation Systems, 2703 Martin Luther King Jr. Ave. SE., Washington, DC 20593-7418, telephone 202-372-1565, and is available from the sources listed below. (b) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005-4070, 202-682-8000, www.api.org: (1) API Specification 9A, Specification for Wire Rope, Section 3, Properties and Tests for Wire and Wire Rope, May 28, 1984, IBR approved for § 164.74. (2) [Reserved] (c) ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9585, www.astm.org: (1) ASTM D4268-93, Standard Test Method for Testing Fiber Rope, IBR approved for § 164.74. (2) [Reserved] (d) Cordage Institute, 350 Lincoln Street, Hingham, MA 02043. (1) CIA-3, Standard Test Methods for Fiber Rope Including Standard Terminations, Revised, June 1980, IBR approved for § 164.74. (2) [Reserved] (e) International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, United Kingdom, www.imo.org: (1) IMO Resolution A342(IX), Recommendation on Performance Standards for Automatic Pilots, November 12, 1975, IBR approved for § 164.13. (2) IMO Resolution A.917(22), Guidelines for the Onboard Operational Use of Shipborne Automatic Identification System (AIS), January 25, 2002, IBR approved for § 164.46. (3) SN/Circ.227, Guideli… | |||||
| 33:33:2.0.1.6.31.0.199.4 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.11 Navigation under way: General. | USCG | [CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 83-004, 49 FR 43466, Oct. 29, 1984; CGD 91-203, 58 FR 27633, May 10, 1993; CGD 83-043, 60 FR 24771, May 10, 1995] | The owner, master, or person in charge of each vessel underway shall ensure that: (a) The wheelhouse is constantly manned by persons who: (1) Direct and control the movement of the vessel; and (2) Fix the vessel's position; (b) Each person performing a duty described in paragraph (a) of this section is competent to perform that duty; (c) The position of the vessel at each fix is plotted on a chart of the area and the person directing the movement of the vessel is informed of the vessel's position; (d) Electronic and other navigational equipment, external fixed aids to navigation, geographic reference points, and hydrographic contours are used when fixing the vessel's position; (e) Buoys alone are not used to fix the vessel's position; Buoys are aids to navigation placed in approximate positions to alert the mariner to hazards to navigation or to indicate the orientation of a channel. Buoys may not maintain an exact position because strong or varying currents, heavy seas, ice, and collisions with vessels can move or sink them or set them adrift. Although buoys may corroborate a position fixed by other means, buoys cannot be used to fix a position: however, if no other aids are available, buoys alone may be used to establish an estimated position. (f) The danger of each closing visual or each closing radar contact is evaluated and the person directing the movement of the vessel knows the evaluation; (g) Rudder orders are executed as given; (h) Engine speed and direction orders are executed as given; (i) Magnetic variation and deviation and gyrocompass errors are known and correctly applied by the person directing the movement of the vessel; (j) A person whom he has determined is competent to steer the vessel is in the wheelhouse at all times; 1 1 See also 46 U.S.C. 8702(d), which requires an able seaman at the wheel on U.S. vessels of 100 gross tons or more in narrow or crowded waters during low visibility. (k) If a pilot other than a member of the vessel's crew is employed, the pilot is informed … | |||||
| 33:33:2.0.1.6.31.0.199.5 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.13 Navigation underway: tankers. | USCG | [CGD 91-203, 58 FR 27633, May 10, 1993, as amended by CGD 91-203, 58 FR 36141, July 6, 1993; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009; USCG-2015-0926, 83 FR 55281, Nov. 5, 2018] | (a) As used in this section, “tanker” means a self-propelled tank vessel, including integrated tug barge combinations, constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces and inspected and certificated as a tanker. (b) Each tanker must have an engineering watch capable of monitoring the propulsion system, communicating with the bridge, and implementing manual control measures immediately when necessary. The watch must be physically present in the machinery spaces or in the main control space and must consist of at least an engineer with an appropriately endorsed license or merchant mariner credential. (c) Each tanker must navigate with at least two deck officers with an appropriately endorsed license or merchant mariner credential on watch on the bridge, one of whom may be a pilot. In waters where a pilot is required, the second officer, must be an individual holding an appropriately endorsed license or merchant mariner credential and assigned to the vessel as master, mate, or officer in charge of a navigational watch, who is separate and distinct from the pilot. (d) This paragraph (d) has preemptive effect over State or local regulation within the same field. A tanker may navigate using a heading or track control system only if: (1) The tanker is at least one-half nautical mile (1,012 yards) beyond the territorial sea baseline, as defined in 33 CFR 2.20; (i) Not within waters specified in 33 CFR part 110 (anchorages), or; (ii) Not within waters specified as precautionary areas in 33 CFR part 167, and; (2) There is a person, competent to steer the vessel, present to assume manual control of the steering station at all times including, but not limited to, the conditions listed in 46 CFR 35.20-45(a) through (c); and (3) The system meets the heading or track control specifications of either IEC 62065 (2002-03) or IEC 62065 (2014-02) (incorporated by reference, see § 164.03). | |||||
| 33:33:2.0.1.6.31.0.199.6 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.15 Navigation bridge visibility. | USCG | [CGD 85-099, 55 FR 32247, Aug. 8, 1990, as amended by USCG-2006-25150, 71 FR 39211, July 12, 2006] | (a) The arrangement of cargo, cargo gear, and trim of all vessels entering or departing from U.S. ports must be such that the field of vision from the navigation bridge conforms as closely as possible to the following requirements: (1) From the conning position, the view of the sea surface must not be obscured by more than the lesser of two ship lengths or 500 meters (1640 feet) from dead ahead to 10 degrees on either side of the vessel. Within this arc of visibility any blind sector caused by cargo, cargo gear, or other permanent obstruction must not exceed 5 degrees. (2) From the conning position, the horizontal field of vision must extend over an arc from at least 22.5 degrees abaft the beam on one side of the vessel, through dead ahead, to at least 22.5 degrees abaft the beam on the other side of the vessel. Blind sectors forward of the beam caused by cargo, cargo gear, or other permanent obstruction must not exceed 10 degrees each, nor total more than 20 degrees, including any blind sector within the arc of visibility described in paragraph (a)(1) of this section. (3) From each bridge wing, the field of vision must extend over an arc from at least 45 degrees on the opposite bow, through dead ahead, to at least dead astern. (4) From the main steering position, the field of vision must extend over an arc from dead ahead to at least 60 degrees on either side of the vessel. (b) A clear view must be provided through at least two front windows at all times regardless of weather conditions. | |||||
| 33:33:2.0.1.6.31.0.199.7 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.19 Requirements for vessels at anchor. | USCG | [CGD 74-77, 42 FR 5956, Jan. 31, 1977] | The master or person in charge of each vessel that is anchored shall ensure that: (a) A proper anchor watch is maintained; (b) Procedures are followed to detect a dragging anchor; and (c) Whenever weather, tide, or current conditions are likely to cause the vessel's anchor to drag, action is taken to ensure the safety of the vessel, structures, and other vessels, such as being ready to veer chain, let go a second anchor, or get underway using the vessel's own propulsion or tug assistance. | |||||
| 33:33:2.0.1.6.31.0.199.8 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.25 Tests before entering or getting underway. | USCG | [CGD 77-183, 45 FR 18925, Mar. 24, 1980, as amended by CGD 83-004, 49 FR 43466, Oct. 29, 1984; USCG-2020-0304, 85 FR 58280, Sept. 18, 2020] | (a) Except as provided in paragraphs (b) and (c) of this section no person may cause a vessel to enter into or get underway on the navigable waters of the United States unless no more than 12 hours before entering or getting underway, the following equipment has been tested: (1) Primary and secondary steering gear. The test procedure includes a visual inspection of the steering gear and its connecting linkage, and, where applicable, the operation of the following: (i) Each remote steering gear control system. (ii) Each steering position located on the navigating bridge. (iii) The main steering gear from the alternative power supply, if installed. (iv) Each rudder angle indicator in relation to the actual position of the rudder. (v) Each remote steering gear control system power failure alarm. (vi) Each remote steering gear power unit failure alarm. (vii) The full movement of the rudder to the required capabilities of the steering gear. (2) All internal vessel control communications and vessel control alarms. (3) Standby or emergency generator, for as long as necessary to show proper functioning, including steady state temperature and pressure readings. (4) Storage batteries for emergency lighting and power systems in vessel control and propulsion machinery spaces. (5) Main propulsion machinery, ahead and astern. (b) Vessels navigating on the Great Lakes and their connecting and tributary waters, having once completed the test requirements of this subpart, are considered to remain in compliance until arriving at the next port of call on the Great Lakes. (c) Vessels entering the Great Lakes from the St. Lawrence Seaway are considered to be in compliance with this sub-part if the required tests are conducted preparatory to or during the passage of the St. Lawrence Seaway or within one hour of passing Wolfe Island. (d) No vessel may enter, or be operated on the navigable waters of the United States unless the emergency steering drill described below has been conducted within 48 hours prior to entry and… | |||||
| 33:33:2.0.1.6.31.0.199.9 | 33 | Navigation and Navigable Waters | I | P | 164 | PART 164—NAVIGATION SAFETY REGULATIONS | § 164.30 Charts, publications, and equipment: General. | USCG | [CGD 82-055, 48 FR 44535, Sept. 29, 1983] | No person may operate or cause the operation of a vessel unless the vessel has the marine charts, publications, and equipment as required by §§ 164.33 through 164.41 of this part. | |||||
| 40:40:26.0.1.1.13.1.10.1 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.1 Number of words. | EPA | As used in this part, a word in the singular form shall be deemed to import the plural, and vice versa, as the case may require. | ||||
| 40:40:26.0.1.1.13.1.10.2 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.2 Definitions. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992; 57 FR 30657, July 10, 1992; 73 FR 75597, Dec. 12, 2008; 77 FR 46292, Aug. 3, 2012] | For the purposes of this part, the following terms shall be defined, as listed below: (a) The term Act means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (86 Stat. 973) and other legislation supplementary thereto and amendatory thereof. (b) The term Administrative Law Judge means an Administrative Law Judge appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930, as amended), and such term is synonymous with the term “Hearing Examiner” as used in the Act or in the United States Code. (c) The term Administrator means the Administrator of the United States Environmental Protection Agency. (d) The term Agency, unless otherwise specified, means the United States Environmental Protection Agency. (e) The term Applicant means any person who has made application to have a pesticide registered or classified pursuant to the provisions of the Act. (f) The term Committee means a group of qualified scientists designated by the National Academy of Sciences according to agreement under the Act to submit an independent report to the Administrative Law Judge on questions of scientific fact referred from a hearing under subpart B of this part. (g) Environmental Appeals Board shall mean the Board within the Agency described in § 1.25 of this title. The Administrator delegates authority to the Environmental Appeals Board to issue final decisions in appeals filed under subparts B and C of this part. An appeal directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered. This delegation does not preclude the Environmental Appeals Board from referring an appeal or a motion under subparts B and C to the Administrator when the Environmental Appeals Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Administrator, all of the parties shall be so notified and the rules in subparts B and C referring to the Environmental Appeals Board shall be interpreted as referring to the Administrator. (h) The term … | |||
| 40:40:26.0.1.1.13.1.10.3 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.3 Scope and applicability of this part. | EPA | The provisions of subpart B of this part shall govern proceedings, conducted pursuant to the provisions of the Act, concerning refusals to register, cancellations of registration, changes of classifications or hearings called by the Administrator; the provisions of subpart C of this part shall govern suspension proceedings conducted pursuant to the provisions of the Act. | ||||
| 40:40:26.0.1.1.13.1.10.4 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.4 Arrangements for examining Agency records, transcripts, orders, and decisions. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992] | (a) Reporting of orders, decisions, and other signed documents. All orders, decisions, or other signed documents required by the rules in this part, whether issued by the Environmental Appeals Board or the Presiding Officer shall be made available to the public. (b) Establishment of an Agency repository. In addition, all transcripts and docket entries shall become part of the official docket and shall be retained by the hearing clerk. At least two copies of all final orders, decisions and a notification of any appeals taken therefrom shall be retained by the hearing clerk and filed chronologically and shall be periodically bound and indexed. All the above documents shall be made available to the public for reasonable inspections during Agency business hours. (c) Whenever any information or data is required to be produced or examined and any party to the proceeding claims that such information is a trade secret or commercial or financial information, other than information relating to the formulas of a pesticide, the Administrative Law Judge, the Presiding Officer, or the Environmental Appeals Board may require production or testimony in camera and sealed to all but the parties. (d) All orders, decisions, or other documents made or signed by the Administrative Law Judge, the Presiding Officer, or the Environmental Appeals Board shall be filed with the hearing clerk. The hearing clerk shall immediately serve all parties with a copy of such order, decision, or other document. | |||
| 40:40:26.0.1.1.13.1.10.5 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.5 Filing and service. | EPA | (a) All documents or papers required or authorized to be filed, shall be filed with the hearing clerk, except as provided otherwise in this part. At the same time that a party files documents or papers with the clerk, it shall serve upon all other parties copies thereof, with a certificate of service on each document or paper, including those filed with the hearing clerk. If filing is accomplished by mail addressed to the clerk, filing shall be deemed timely if the papers are postmarked on the due date except as to initial filings requesting a public hearing or responding to a notice of intent to hold a hearing, in which case such filings must be received by the hearing clerk either within the time required by statute or by the notice of intent to hold a hearing. (b) Each document filed, other than papers commencing a proceeding, shall contain the FIFRA docket number and, if the document affects less than all of the registrations included under that docket number, the registration number or file symbol of each product which is the subject of the document. (c) In addition to copies served on all other parties, each party shall file an original and two copies of all papers with the hearing clerk. | ||||
| 40:40:26.0.1.1.13.1.10.6 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.6 Time. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992] | (a) Computation. In computing any period of time prescribed or allowed by these rules, except as otherwise provided, the day of the act, event, or default from which the designated period of time begins to run shall not be included. Saturdays, Sundays, and legal holidays shall be included in computing the time allowed for the filing of any document or paper, except that when such time expires on a Saturday, Sunday, or legal holiday, such period shall be extended to include the next following business day. (b) Enlargement. When by these rules or by order of the Administrative Law Judge, the Presiding Officer, or the Environmental Appeals Board, an act is required or allowed to be done at or within a specified time, the Administrative Law Judge (before his initial decision is filed), or the Presiding Officer (before his recommended decision is filed), or the Environmental Appeals Board (after the Administrative Law Judge's initial decision or the presiding officer's recommended decision is filed), for cause shown may at any time in their discretion: with or without motion or notice, order the period enlarged if request therefor, which may be made ex parte, is made before the expiration of the period originally prescribed or as extended by a previous order; or on motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect. In this connection, consideration shall be given to the fact that, under the provisions of the act, the Administrator must issue his order not later than 90 days after the completion of the hearing, unless all parties agree by stipulation to extend this period of time pursuant to § 164.103. (c) Additional time after service by mail. A prescribed period of time within which a party is required or permitted to do an act shall be computed from the time of service, except that when the service is made by mail, 3 days shall be added to the prescribed period. Such addition for service by mail shall not apply in … | |||
| 40:40:26.0.1.1.13.1.10.7 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.7 Ex parte discussion of proceeding. | EPA | [57 FR 5342, Feb. 13, 1992] | At no stage of a proceeding shall the Administrator, the members of the Environmental Appeals Board, the Presiding Officer, or the Administrative Law Judge discuss ex parte the merits of the proceeding with any party or with any person who has been connected with the preparation or presentation of the proceeding as an advocate, or in an investigative or expert capacity, or with any representative of such person, Provided, That the Environmental Appeals Board, the Presiding Officer, or the Administrative Law Judge may discuss the merits of the case with any such person if all parties to the proceeding, or their representatives, have been given reasonable notice and opportunity to be present. Any memorandum or other communication addressed to the Administrator, the Environmental Appeals Board, the Presiding Officer, or the Administrative Law Judge during the pendency of the proceeding, and relating to the merits thereof, by or on behalf of any party, shall be regarded as an argument made in the proceeding. The Administrator, the Environmental Appeals Board, the Presiding Officer, or the Administrative Law Judge shall cause any such communication to be filed with the hearing clerk and served upon all other parties to the proceeding who will be given the opportunity to file an answer thereto. | |||
| 40:40:26.0.1.1.13.1.10.8 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | A | Subpart A—General | § 164.8 Publication. | EPA | All notices of intention to cancel a registration, all notices of intention to change a classification, and all denials of registrations, all together with the reasons (including the factual basis therefor), and all notices of intention by the Administrator to hold a hearing, together with the statement of issues as provided by § 164.20(b) shall be sent to the registrant or applicant by registered or certified mail (return receipt requested), and published by appropriate announcement in the Federal Register by the Administrator. The Administrative Law Judge shall cause to be published in the Federal Register by appropriate announcement, a notice of the filing of any objections, pursuant to § 164.20(b) or responses pursuant to § 164.24, and a notice of the public hearing as provided by § 164.80 et seq. Said notice of public hearing shall designate the place where the hearing will be held and specify the time when the hearing will commence. The hearing shall convene at the place and time announced in the notice, unless amended by subsequent notice published in the Federal Register, but thereafter it may be moved to a different place and may be continued from day to day or recessed to a later day without other notice than announcement thereof at the hearing. | ||||
| 40:40:26.0.1.1.13.2.10.1 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.20 Commencement of proceeding. | EPA | [38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 57 FR 5342, Feb. 13, 1992] | (a) A proceeding shall be commenced whenever a hearing is requested by any person adversely affected by a notice of the Administrator of his refusal to register or of his intent to cancel the registration or to change the classification of a pesticide. A proceeding shall likewise be commenced whenever the Administrator decides to call a hearing to determine whether or not the registration of a pesticide should be canceled or its classification changed. Such request or notice of intent to hold a hearing shall be timely filed with the hearing clerk, and the matter shall be docketed and assigned a FIFRA docket number. (b) If a request for a hearing is filed, the person filing the request shall, at the same time, file a document stating his objections to the Administrator's refusal to register or his intent to cancel the registration or to change the classification of a pesticide. If a notice of intent to hold a hearing is filed by the Administrator, he shall, at the same time, file a statement of issues. (c) Upon the filing of any objections or notice of intent to hold a hearing, the proceeding shall be referred to the Chief Administrative Law Judge by the hearing clerk. The Chief Administrative Law Judge shall refer the proceeding to himself or another Administrative Law Judge who shall thereafter be in charge of all further matters concerning the proceedings, except as otherwise provided for by order of the Chief Administrative Law Judge, the Administrator, or the Environmental Appeals Board. | |||
| 40:40:26.0.1.1.13.2.10.2 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.21 Contents of a denial of registration, notice of intent to cancel a registration, or notice of intent to change a classification. | EPA | (a) Contents. The denial of registration or a notice of intent to cancel a registration or to change a classification shall be accompanied by the reasons (including the factual basis) for the action. (b) Amendments to contents of denials and notices. Such documents under this section may be amended or enlarged by the Administrator at any time prior to the commencement of the public hearing. If the Administrative Law Judge determines that additional time is necessary to permit a party to prepare for matters raised by such amendments, the commencement of the hearing shall be delayed for an appropriate period. | ||||
| 40:40:26.0.1.1.13.2.10.3 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.22 Contents of document setting forth objections. | EPA | (a) Concise statement required. Any document containing objections to an order of the Administrator of his refusal to register, or his intent to cancel the registration, or change the classification of a pesticide, shall clearly and concisely set forth such objections and the basis for each objection, including relevant allegations of fact concerning the pesticide under consideration. The document shall indicate the registration number of the pesticide, if applicable, a copy of the currently accepted and/or proposed labeling and a list of the currently registered or proposed uses of said pesticide. (b) Amendments to objections byleave. Objections may be amended at any time prior to the commencement of the public hearing by leave of the Administrative Law Judge or by written consent of all parties. The Administrative Law Judge shall freely grant such leave when justice so requires. If the Administrative Law Judge determines that additional time is necessary to permit a party to prepare for matters raised by amendments to objections, the commencement of the hearing shall be delayed for an appropriate period. This subsection shall not permit the addition, beyond the statutory deadline, of registered pesticides which are not included in the objections filed pursuant to paragraph (a) of this section. (c) Amendments to objections as a matter of right. Objections may be amended as a matter of right within 30 days, or in such time as the Administrator shall designate, after the Administrator amends his notice of intent to cancel a registration, change a classification, or his refusal to register a pesticide. | ||||
| 40:40:26.0.1.1.13.2.10.4 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.23 Contents of the statement of issues to accompany notice of intent to hold a hearing. | EPA | (a) Concise statement required. The statement of issues by the Administrator shall set a time in which any person wishing to participate in the hearing shall file a written response to the statement of issues as provided by § 164.24. The statement of issues shall include questions as to which evidence shall be taken at the hearing. Those questions may include questions concerning whether a pesticide's registration should be canceled or its classification changed, whether its composition is such as to warrant the claims for it, whether its labeling and other material submitted comply with the requirements of the Act, whether it will perform its intended function without unreasonable adverse effects on the environment, and whether, when used in accordance with widespread and commonly recognized practice, it will or will not generally cause unreasonable adverse effects on the environment. (b) Amendment to statement of issues. The statement of issues may be amended or enlarged by the Administrator at any time prior to the commencement of the public hearing. If the Administrative Law Judge determines that additional time is necessary to permit a party to prepare for matters raised by amendments or enlargements to the statement of issues, the commencement of the hearing shall be delayed for an appropriate period. | ||||
| 40:40:26.0.1.1.13.2.10.5 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.24 Response to the Administrator's notice of intention to hold a hearing. | EPA | Any person wishing to participate in any proceeding commenced pursuant to any notice by the Administrator of intention to hold a hearing, shall file with the hearing clerk, within the time set by the Administrator in the notice (in no case less than 30 days from the date of the notice), a written response to the statement of issues which shall include the position and interest of such person with respect thereto. If any such person is a registrant or an applicant for registration, he shall also file the registration number of the pesticide, if applicable, a copy of the currently accepted and/or proposed labeling and a list of the currently registered or proposed uses of said pesticide. | ||||
| 40:40:26.0.1.1.13.2.10.6 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.25 Filing copies of notification of intent to cancel registration or change classification or refusal to register, and statement of issues. | EPA | After a copy of the document setting forth the objections and requesting a public hearing is filed with the hearing clerk or a response to the statement of issues is filed, the hearing clerk shall serve a copy of the document upon Respondent and the Office of the General Counsel of the Agency, Respondent shall, by counsel, thereupon file with the hearing clerk a copy of the appropriate notice of intention to cancel, the notice of intention to change the classification or the registration refusal order. | ||||
| 40:40:26.0.1.1.13.2.11.7 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.30 Appearances. | EPA | Representatives. Parties may appear in person or by counsel or other representative. Persons who appear as counsel or in a representative capacity must conform to the standards of ethical conduct required of practitioners before the courts of the United States. | ||||
| 40:40:26.0.1.1.13.2.11.8 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.31 Intervention. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992] | (a) Motion. Any person may file a motion for leave to intervene in a hearing conducted under this subpart. A motion must set forth the grounds for the proposed intervention, the position and interest of the movant in the proceeding and the documents proposed to be filed pursuant to either § 164.22 or § 164.24. (b) When filed. A motion for leave to intervene in a hearing must ordinarily be filed prior to the commencement of the first prehearing conference. Any motion filed after that time must contain, in addition to the information set forth in paragraph (a) of this section, a statement of good cause for the failure to file the motion prior to the commencement of the first prehearing conference, and shall be granted only upon a finding (1) that extraordinary circumstances justify the granting of the motion, or (2) that the intervenor shall be bound by agreements, arrangements, and other matters previously made in the proceeding. (c) Disposition. Leave to intervene will be freely granted but only insofar as such leave raises matters which are pertinent to and do not unreasonably broaden the issues already presented. If leave is granted, the movant shall thereby become a party with the full status of the original parties to the proceedings. If leave is denied, the movant may request that the ruling be certified to the Environmental Appeals Board, pursuant to § 164.100 for a speedy appeal. (d) Amicus curiae. Persons not parties to the proceedings wishing to file briefs may do so by leave of the Administrative Law Judge granted on motion. A motion for leave shall identify the interest of the applicant and shall state the reasons why the proposed amicus brief is desirable. Unless all parties otherwise consent, an amicus curiae shall file its brief within the time allowed the party whose position the brief will support. Upon a showing of good cause, the Administrator or Administrative Law Judge may grant permission for later filing. | |||
| 40:40:26.0.1.1.13.2.11.9 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.32 Consolidation. | EPA | The Chief Administrative Law Judge, by motion or sua sponte, may consolidate two or more proceedings whenever it appears that this will expedite or simplify consideration of the issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if consolidation had not occurred. At the conclusion of proceedings consolidated under this section, the Administrative Law Judge shall issue one decision under § 164.90 unless one or more of the consolidated proceedings have been dismissed pursuant to § 164.91. | ||||
| 40:40:26.0.1.1.13.2.12.10 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.40 Qualifications and duties of Administrative Law Judge. | EPA | [38 FR 19371, July 20, 1973, as amended at 38 FR 34117, Dec. 11, 1973; 57 FR 5342, Feb. 13, 1992] | (a) Qualifications. The Administrative Law Judge shall have the qualifications required by statute. He shall not decide any matter in connection with a proceeding where he has a financial interest in any of the parties or a relationship with a party that would make it otherwise inappropriate for him to act. (b) Disqualification of the Administrative Law Judge. (1) Any party may, by motion made to the Administrative Law Judge, as soon as practicable, request that he disqualify himself and withdraw from the proceeding. The Administrative Law Judge shall then rule upon the motion and, upon request of the movant, shall certify an adverse ruling for appeal. (2) Withdrawal sua sponte. The Administrative Law Judge may at any time withdraw from any proceedings in which he deems himself disqualified for any reason. (c) Conduct. The Administrative Law Judge shall conduct the proceeding in a fair and impartial manner subject to the precepts of the Canons of Judicial Ethics of the American Bar Association. (d) Power. Subject to review, as provided elsewhere in this part, the Administrative Law Judge shall have power to take actions and decisions in conformity with statute or in the interests of justice. The Administrative Law Judge shall not interrupt the recording of the proceedings on the record over the objection of any party. (e) Absence or change of the Administrative Law Judge. In the case of the absence or unavailability of the Administrative Law Judge, or his inability to act, or his removal by disqualification or withdrawal, the powers and duties to be performed by him under this part in connection with a hearing assigned to him may, unless otherwise directed by the Administrator, be assigned to another Administrative Law Judge so designated to act by the Chief Administrative Law Judge, the Administrator or the Environmental Appeals Board. | |||
| 40:40:26.0.1.1.13.2.13.11 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.50 Prehearing conference and primary discovery. | EPA | [38 FR 19371, July 20, 1973, as amended at 39 FR 11884, Apr. 1, 1974] | (a) Purpose of the prehearing conference. Except as otherwise provided in paragraph (d) of this section, the Administrative Law Judge shall, prior to the commencement of the hearing and for the purpose of expediting the hearing, file with the hearing clerk an order for a prehearing conference. More than one such conference may be held. Such order or orders shall direct the parties or their counsel to appear at a specified time and place to consider: (1) The simplification of issues including listing of specific uses to be contested; (2) The necessity or desirability of amendments to the objections or statement of issues, or any document filed in response thereto; (3) The possibility of obtaining stipulations of fact and documents which will avoid unnecessary delay; (4) Matters of which official notice may be taken; (5) The limitation of the number of expert and other witnesses; (6) Procedure at the hearing except as so provided in § 164.80(a); (7) The use of verified written statements in lieu of oral direct testimony; (8) The intent of any party to request a scientific advisory committee as defined in § 164.2(f); (9) The issuance of subpoenas and subpoenas duces tecum for discovery and hearing purposes; (10) A setting of a time and place for the public hearing, after giving careful consideration to the convenience of all the parties, the witnesses, the public interest and the necessity for notice in the Federal Register as provided by § 164.8; and (11) Any other matter that may expedite the hearing or aid in the disposition of the proceeding. (b) Primary discovery ( Exchange of witness lists and documents ). At a prehearing conference or within some reasonable time set by the Administrative Law Judge prior to the hearing, each party shall make available to the other parties the names of the expert and other witnesses the party expects to call, together with a brief narrative summary of their expected testimony and a list of all documents and exhibits which the party expects to introduce into ev… | |||
| 40:40:26.0.1.1.13.2.13.12 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.51 Other discovery. | EPA | (a) General. Except as so provided by § 164.50(b) supra, further discovery, under this subpart, shall be permitted only upon determination by the Administrative Law Judge (1) that such discovery shall not in any way unreasonably delay the proceeding, (2) that the information to be obtained is not otherwise obtainable and (3) that such information has significant probative value. The Administrative Law Judge shall be guided by the procedures set forth in the Federal Rules of Civil Procedure, where practicable, and the precedents thereunder, except that no discovery shall be undertaken except upon order of the Administrative Law Judge or upon agreement of the parties. (b) Depositions upon oral questions. The Administrative Law Judge shall order depositions upon oral questions only upon a showing of good cause and upon a finding that (1) the information sought cannot be obtained by alternative methods, or (2) there is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing. (c) Procedure. (1) Any party to the proceeding desiring discovery shall make a motion or motions therefor. Such a motion shall set forth (i) the circumstances warranting the taking of the discovery, (ii) the nature of the information expected to be discovered and (iii) the proposed time and place where it will be taken. (2) If the Administrative Law Judge determines the motion should be granted, he shall issue an order and appropriate subpoenas, if necessary, for the taking of such discovery together with the conditions and terms thereof. | ||||
| 40:40:26.0.1.1.13.2.14.13 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.60 Motions. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] | (a) General. All motions, except those made orally during the course of a public hearing or as otherwise provided by this part, shall be in writing and shall state with particularity the grounds therefor, shall set forth the relief or order sought, and shall be filed with the hearing clerk and served on all parties. (b) Response to motions. Within 10 days after service of any motion filed pursuant to this part, or within such other time as may be fixed by the Administrator, his designee, or the Administrative Law Judge, any party may serve and file an answer to the motion. The movant shall, if requested by the Administrator, his designee, or the Administrative Law Judge, serve and file reply papers within the time set by the request. (c) Decision. The Administrative Law Judge shall rule upon all motions filed or made prior to the filing of his initial or accelerated decision at the time of filing on ex parte motions or where the movant has stated that no party objects to the granting of such motion. Otherwise, such decision shall await the answering papers and reply papers if permitted. The Environmental Appeals Board shall rule upon all motions filed after the filing of the initial or accelerated decision. Oral argument of motions will be permitted only if the Administrative Law Judge or the Environmental Appeals Board deems it necessary. | |||
| 40:40:26.0.1.1.13.2.15.14 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.70 Subpoenas. | EPA | (a) The attendance of witnesses or the production of documentary evidence may, by subpoena, be required at any designated place of hearing or place of discovery. Subpoenas may be issued by the Administrative Law Judge sua sponte or upon a showing by an applicant that evidence sought for hearing is relevant and material to the issues involved in the hearing or that the sought discovery pursuant to § 164.51 meets the standards set forth therein. The Administrative Law Judge shall be guided by the principles of the Federal Rules of Civil Procedure in making any order for the protection of a witness or the content of the documents produced. (b) Motion for subpoena duces tecum. Subpoenas for the production of documentary evidence, unless issued by the Administrative Law Judge sua sponte, shall be issued only upon a written motion. Such motion shall specify, as exactly as possible, the documents desired. (c) Service of subpoenas. Subpoenas shall be served as provided by the Federal Rules of Civil Procedure. | ||||
| 40:40:26.0.1.1.13.2.15.15 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.71 Fees of witnesses. | EPA | Witnesses summoned before the Administrative Law Judge shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and persons whose depositions are taken, and the persons taking the same, shall be entitled to the same fees as are paid for like services in the courts of the United States. Fees shall be paid by the party at whose instance the witness appears or the deposition is taken. | ||||
| 40:40:26.0.1.1.13.2.16.16 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.80 Order of proceeding and burden of proof. | EPA | (a) At the hearing, the proponent of cancellation or change in classification has the burden of going forward to present an affirmative case for the cancellation or change in classification of the registration. In the case of the denial of an application for registration, the applicant shall have the burden of going forward. In the case of a hearing called by the Administrator, the Respondent has the burden of going forward to present an affirmative case as to the statement of issues. The party having the burden of going forward shall have the opportunity to submit evidence on rebuttal. (b) On all issues arising in connection with the hearing, the ultimate burden of persuasion shall rest with the proponent of the registration. (c) If any party, other than Respondent, after being duly notified, fails to appear at the hearing, he shall be deemed to have authorized the Administrative Law Judge to dismiss the proceeding with or without prejudice, as the Administrative Law Judge may determine, unless a motion excusing the failure to appear has been made and granted. In the event that a party appears at the hearing and no representative of the Agency appears, the Administrative Law Judge shall proceed ex parte to hear the evidence of the party: Provided, That failure on the part of Respondent to appear at a hearing shall not be deemed to be a waiver of Respondent's right to file proposed findings of fact, conclusions of law and orders, to be served with a copy of the Administrative Law Judge's initial or accelerated decision, and to file exceptions with and to submit argument before the Administrator with respect thereto. | ||||
| 40:40:26.0.1.1.13.2.16.17 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.81 Evidence. | EPA | [38 FR 19371, July 20, 1973, as amended at 40 FR 25815, June 19, 1975; 57 FR 5343, Feb. 13, 1992] | (a) General. The Administrative Law Judge shall admit all relevant, competent and material evidence, except evidence that is unduly repetitious. Relevant, competent and material evidence may be received at any hearing even though inadmissible under the rules of evidence applicable to judicial proceedings. The weight to be given evidence shall be determined by its reliability and probative value. In all hearings the testimony of witnesses shall be taken orally, except as otherwise provided by these rules or by the Administrative Law Judge. Parties, however, shall have the right to cross-examine a witness who appears at the hearing, provided that such cross examination is not unduly repetitious. (b) Report of a committee of the National Academy of Sciences. If questions have been submitted to a committee designated by the National Academy pursuant to § 164.50(e), the report of the committee, other material that may be required by the Administrator and a list of witnesses and evidence relied upon shall be received into evidence and made part of the record of the hearing. Objections to the report may also be made part of the record and go to the weight of its evidentiary value. (c) Objections. If a party objects to the admission or rejection of any evidence or the limitation of the scope of any examination or cross-examination, he shall state briefly the grounds for such objection. The transcript shall include any argument or debate thereon, unless the Administrative Law Judge, with the consent of all parties, orders that such argument not be transcribed. The ruling and the reasons given therefor by the Administrative Law Judge on any objection shall be a part of the transcript. An automatic exception to that ruling will follow. (d) Exhibits. Except where the Administrative Law Judge finds that the furnishing of copies is impracticable, a copy of each exhibit filed with the Administrative Law Judge shall be furnished to each other party. A true copy of an exhibit may, in the discretion of the Administrativ… | |||
| 40:40:26.0.1.1.13.2.16.18 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.82 Transcripts. | EPA | (a) Filing and certification. Hearings shall be stenographically reported, transcribed and made available to the public as required by statute or Agency regulations. As soon as practicable after the taking of the last evidence, the Administrative Law Judge shall certify (1) that the original transcript is a true transcript of the testimony offered or received at the hearing, except in such particulars as he shall specify and (2) that the exhibits accompanying the transcript are all the exhibits introduced at the hearing, with such exceptions as he shall specify. A copy of such certificate shall be attached to each of the copies of the transcript. (b) [Reserved] | ||||
| 40:40:26.0.1.1.13.2.17.19 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.90 Initial decision. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] | (a) Proposed findings of fact, conclusions, and order. Within 20 days after the last evidence is taken in a hearing, each party may file with the hearing clerk proposed orders, findings of fact, and conclusions of law based solely on the record, and a brief in support thereof. Within 10 days thereafter, each party may file a reply brief. The Administrative Law Judge may, in his discretion, extend the total time period for filing any proposed findings, conclusions, orders or briefs for an additional 30 days. In such instances, briefs and replies shall be due at such time as the Administrative Law Judge may fix by order. The hearing shall be deemed closed at the conclusion of the briefing period. (b) Initial decision. The Administrative Law Judge, within 25 days after the close of the hearing, shall evaluate the record before him, and prepare and file his initial decision with the hearing clerk. A copy of the initial decision shall be served upon each of the parties, and the hearing clerk shall immediately transmit a copy to the Environmental Appeals Board. The initial decision shall become the decision of the Environmental Appeals Board without further proceedings unless an appeal is taken from it or the Environmental Appeals Board orders review of it, pursuant to § 164.101. | |||
| 40:40:26.0.1.1.13.2.17.20 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.91 Accelerated decision. | EPA | (a) General. The Administrative Law Judge, in his discretion, may at any time render an accelerated decision in favor of Respondent as to all or any portion of the proceeding, including dismissal without further hearing or upon such limited additional evidence such as affidavits as he may receive, under any of the following conditions: (1) Untimely or insufficient objections filed pursuant to § 164.20; (2) Failure to comply with discovery orders; (3) Failure to comply with prehearing orders; (4) Failure to appear or to proceed at prehearing conferences; (5) Failure to appear at the hearing; (6) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel. (7) Theat there is no genuine issue of any material fact and that the respondent is entitled to judgment as a matter of law; or (8) Such other and further reasons as are just. (b) Effect. A decision rendered under this section shall have the same force and effect as an initial decision entered under § 164.90. | ||||
| 40:40:26.0.1.1.13.2.18.21 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.100 Appeals from or review of interlocutory orders or rulings. | EPA | [57 FR 5343, Feb. 13, 1992] | Except as provided herein, appeals as a matter of right shall lie to the Environmental Appeals Board only from an initial or accelerated decision of the Administrative Law Judge. Appeals from other orders or rulings shall, except as provided in this section, lie only if the Administrative Law Judge certifies such orders or rulings for appeal, or otherwise as provided. The Administrative Law Judge may certify an order or ruling for appeal to the Environmental Appeals Board when: (a) The order or ruling involves an important question of law or policy about which there is substantial ground for difference of opinion; and (b) either (1) an immediate appeal from the order and ruling will materially advance the ultimate termination of the proceeding or (2) review after the final judgment is issued will be inadequate or ineffective. The Administrative Law Judge shall certify orders or rulings for appeal only upon the request of a party. If the Environmental Appeals Board determines that certification was improvidently granted, or takes no action within thirty (30) days of the certification, the appeal shall be deemed dismissed. When an order or ruling is not certified by the Administrative Law Judge, it shall be reviewed by the Environmental Appeals Board only upon appeal from the initial or accelerated decision except when the Environmental Appeals Board determines, upon request of a party and in exceptional circumstances, that delaying review would be deleterious to vital public or private interests. Except in extraordinary circumstances proceedings will not be stayed pending an interlocutory appeal; where a stay is granted, a stay of more than 30 days must be approved by the Environmental Appeals Board. Ordinarily, the interlocutory appeal will be decided on the basis of the submission made to the Administrative Law Judge, but the Environmental Appeals Board may allow further briefs and oral argument. | |||
| 40:40:26.0.1.1.13.2.18.22 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.101 Appeals from or review of initial decisions. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] | (a) Exceptions and request for oral argument. (1) Within 20 days after the filing of the Administrative Law Judge's initial decision, each party may take exception to any matter set forth in such decision or to any adverse order or ruling to which he objected during the hearing and may appeal such exceptions to the Environmental Appeals Board for decision by filing them in writing with the hearing clerk, including a section containing proposed findings of fact, conclusions, orders, or rulings. Within the same period of time each party filing exceptions and amicus curiae shall file with the hearing clerk a brief concerning each of the exceptions being appealed. The party shall include, in its brief, page references to the relevant portions of the record and to the Administrative Law Judge's initial decision. (2) Within 7 days of the service of exceptions, and of a brief under paragraph (a)(1) of this section, any other party or amicus curiae may file and serve a brief responding to exceptions or arguments raised by any other party. Such brief shall include references to the relevant portions of the record. Such brief shall not, however, raise additional exceptions. (3) Five copies of all material filed under this section shall be filed with the hearing clerk. (b) Review by Administrator when no exceptions are filed. If no exceptions are filed within the time provided, the hearing clerk shall notify the Administrator 30 days from the date of filing of the Administrative Law Judge's initial decision. Within 10 days after said notification, the Environmental Appeals Board shall issue an order either declining review of the initial decision or expressing its intent to review said initial decision. Such order may include a statement of issues to be briefed by the parties and a time schedule concerning service and filing of briefs adequate to allow the Environmental Appeals Board to issue a final order within 90 days from the close of the hearing. (c) Argument before the Environmental Appeals Board. (1) A part… | |||
| 40:40:26.0.1.1.13.2.18.23 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.102 Appeals from accelerated decisions. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] | (a) Within 20 days after filing of an accelerated decision by the Administrative Law Judge, any party may file exceptions and a supporting brief with the hearing clerk, stating with particularity the grounds upon which he asserts that the decision is incorrect. The party shall include in its brief page references to the relevant portions of the record, if applicable. (b) Within 7 days of the service of exceptions and brief under paragraph (a) of this section, any other party or amicus curiae may file and serve a brief responding thereto, with appropriate page references to the relevant portions of the record, if applicable. (c) Ordinarily, the appeal from an accelerated decision will be decided on the basis of the submission of briefs, but the Environmental Appeals Board may allow additional briefs and oral argument. | |||
| 40:40:26.0.1.1.13.2.18.24 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.103 Final decision or order on appeal or review. | EPA | [57 FR 5343, Feb. 13, 1992] | Within 90 days after the close of the hearing or within 90 days from the filing of an accelerated decision, unless otherwise stipulated by the parties, the Environmental Appeals Board shall, on appeal or review from an initial or accelerated order of the Administrative Law Judge, issue its final decision and order, including its rulings on any exceptions filed by the parties; such final order may accept or reject all or part of the initial or accelerated decision of the Administrative Law Judge even if acceptable to the parties. | |||
| 40:40:26.0.1.1.13.2.18.25 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.110 Motion for reopening hearings; for rehearing; for reargument of any proceeding; or for reconsideration of order. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992] | (a) Filing; service. A motion for reopening the hearing to take further evidence, or for rehearing or reargument of any proceeding or for reconsideration of the order, must be made by motion to the Environmental Appeals Board filed with the hearing clerk. Every such motion must state specifically the grounds relied upon. (b) Motion to reopen hearings. A motion to reopen a hearing to take further evidence may be filed at any time prior to the issuance of the Administrator's final order. Every such motion shall state briefly the nature and purpose of the evidence to be adduced, shall show that such evidence is not merely cumulative, and shall set forth good reason why such evidence was not adduced at a hearing. (c) Motions to rehear or reargue proceedings, or to reconsider final orders. A motion to rehear or reargue the proceeding or to reconsider the final order shall be filed within 10 days after the date of service of the final order. Every such motion must state specifically the matters claimed to have been erroneously decided, and alleged errors must be briefly stated. Motions to rehear or reargue proceedings or to reconsider final orders shall be directed to, and heard by, the Environmental Appeals Board. Motions under this section directed to the Administrator will not be considered, except in cases that the Environmental Appeals Board has referred to the Administrator pursuant to § 164.2(g) and in which the Administrator has issued the final order. A motion for reconsideration shall not stay the effective date of the final order unless specifically so ordered by the Environmental Appeals Board. | |||
| 40:40:26.0.1.1.13.2.18.26 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | B | Subpart B—General Rules of Practice Concerning Proceedings (Other Than Expedited Hearings) | § 164.111 Procedure for disposition of motions. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] | Within 7 days following the service of any motion provided for in § 164.110, any other party to the proceeding may file with the hearing clerk an answer thereto. As soon as practicable thereafter, the Environmental Appeals Board shall announce its decision whether to grant or to deny the motion. Unless the Environmental Appeals Board shall determine otherwise, operation of the order shall not be stayed pending the decision to grant or to deny the motion. In the event that any such motion is granted by the Environmental Appeals Board, the applicable rules of practice, as set out elsewhere herein, shall be followed. | |||
| 40:40:26.0.1.1.13.3.19.1 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | C | Subpart C—General Rules of Practice for Expedited Hearings | § 164.120 Notification. | EPA | (a) Whenever the Administrator determines that action is necessary to prevent an imminent hazard during the time required for cancellation or change in classification proceedings, but that the hazard does not constitute an emergency, he shall notify the registrant of his intention to suspend registration of the pesticide at issue. (b) Such notice shall include findings pertaining to the question of imminent hazard and shall either be personally served on the registrant or be sent to the registrant by registered or certified mail, return receipt requested, and filed with the hearing clerk. | ||||
| 40:40:26.0.1.1.13.3.19.2 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | C | Subpart C—General Rules of Practice for Expedited Hearings | § 164.121 Expedited hearing. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] | (a) Request. (1) An expedited hearing shall be held whenever the Administrator has received from the registrant a timely request for such hearing in response to the Administrator's notice of intention to suspend. (2) A request for an expedited hearing is timely if made in writing or by telegram and filed with the office of the hearing clerk within 5 days of the registrant's receipt of the notice of intention to suspend. (3) At the time of filing a request for an expedited hearing, the registrant shall also file a document setting forth objections to the Administrator's notice of intention to suspend and its findings pertaining to the question of imminent hazard. Such objections shall conform to the requirements of § 164.21. (b) Presiding officer. (1) An expedited hearing shall be conducted by a presiding officer appointed by the Administrator, and such officer need not be an Administrative Law Judge. (2) The presiding officer shall not have the authority to make an initial decision on the merits but shall make a recommended decision only. (c) The issue. The expedited hearing shall address only the issue of whether an imminent hazard exists. (d) Time of hearing. The hearing shall commence within 5 days after the filing of the request with the office of the hearing clerk unless the registrant and respondent agree that it shall commence at a later time. As soon as possible, the presiding officer shall publish in the Federal Register notice of such hearing. (e) Intervention. Any person adversely affected by the Administrator's notice may move to intervene within 5 days after the receipt by the registrant of said notice or at any time prior to the conclusion of the presentation of the evidence, upon good cause found, except (1) Leave to intervene will be granted only if the motion to intervene meets the standards of § 164.31 and, in addition, indicates that the movant would raise matters or introduce evidence pertinent to the issue of imminent hazard which would substantially assist in its resoluti… | |||
| 40:40:26.0.1.1.13.3.19.3 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | C | Subpart C—General Rules of Practice for Expedited Hearings | § 164.122 Final order and order of suspension. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] | (a) Final order. Within 7 days of receipt of the record and of the Presiding Officer's recommended findings and conclusions, the Environmental Appeals Board shall issue a final decision and order. Such final order may accept or reject in whole or in part the recommendations of the Presiding Officer. (b) Order of suspension. No final order of suspension shall be issued unless the Environmental Appeals Board has issued or at the same time issues a notice of its intention to cancel the registration or change the classification of the pesticide. Such notice shall be given as provided in § 164.8. | |||
| 40:40:26.0.1.1.13.3.19.4 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | C | Subpart C—General Rules of Practice for Expedited Hearings | § 164.123 Emergency order. | EPA | [38 FR 19371, July 20, 1973, as amended at 57 FR 5344, Feb. 13, 1992] | (a) Whenever the Environmental Appeals Board determines that an emergency exists that does not permit him to hold a hearing before suspension, the Environmental Appeals Board may issue a suspension order in advance of notification to the registrant. (b) The Environmental Appeals Board shall immediately notify the registrant of the suspension order. The registrant may then request a hearing in accordance with §§ 164.121 and 164.122, but the suspension order shall remain in effect during the hearing pending the issuance of a final order on suspension. | |||
| 40:40:26.0.1.1.13.4.19.1 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | D | Subpart D—Rules of Practice for Applications Under Sections 3 and 18 To Modify Previous Cancellation or Suspension Orders | § 164.130 General. | EPA | EPA has determined that any application under section 3 or section 18 of the Act to allow use of a pesticide at a site and on a pest for which registration has been finally cancelled or suspended by the Administrator constitutes a petition for reconsideration of such order. Because of the extensive notice and hearing opportunities mandated by FIFRA and the Administrative Procedures Act before a final cancellation or suspension order may be issued, EPA has determined that such orders may not be reversed or modified without affording interested parties—who may in fact have participated in lengthy cancellation proceedings—similar notice and hearing opportunities. The procedures set forth in this subpart D shall govern all such applications. | ||||
| 40:40:26.0.1.1.13.4.19.2 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | D | Subpart D—Rules of Practice for Applications Under Sections 3 and 18 To Modify Previous Cancellation or Suspension Orders | § 164.131 Review by Administrator. | EPA | (a) The Administrator will review applications subject to this subpart D and supporting data submitted by the applicant to determine whether reconsideration of the Administrator's prior cancellation or suspension order is warranted. The Administrator shall determine that such reconsideration is warranted when he finds that: (1) The applicant has presented substantial new evidence which may materially affect the prior cancellation or suspension order and which was not available to the Administrator at the time he made his final cancellation or suspension determination and (2) such evidence could not, through the exercise of due diligence, have been discovered by the parties to the cancellation or suspension proceeding prior to the issuance of the final order. (b) If after review of the application and other supporting data submitted by the applicant, the Administrator determines, in accordance with paragraph (a) of this section, that reconsideration of his prior order is not warranted, then the application will be denied without requirement for an administrative hearing. The Administrator shall publish notice in the Federal Register of the denial briefly describing the basis for his determination as soon as practicable. Such denial shall constitute final agency action. (c) If after review of the application and other supporting data submitted by the applicant, the Administrator determines, in accordance with paragraph (a) of this section, that reconsideration of his prior order is warranted, he will then publish notice in the Federal Register setting forth his determination and briefly describing the basis for the determination. Such notice shall announce that a formal public hearing will be held in accordance with 5 U.S.C. section 554. The notice shall specify: (1) The date on which the hearing will begin and end, (2) the issues of fact and law to be adjudicated at the hearing, (3) the date on which the presiding officer shall submit his recommendations, including findings of fact and conclusions, to the Ad… | ||||
| 40:40:26.0.1.1.13.4.19.3 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | D | Subpart D—Rules of Practice for Applications Under Sections 3 and 18 To Modify Previous Cancellation or Suspension Orders | § 164.132 Procedures governing hearing. | EPA | (a) The burden of proof in the hearing convened pursuant to § 164.131 shall be on the applicant and he shall proceed first. The issues in the hearing shall be whether: (1) Substantial new evidence exists and (2) such substantial new evidence requires reversal or modification of the existing cancellation or suspension order. The determination of these issues shall be made taking into account the human and environmental risks found by the Administrator in his cancellation or suspension determination and the cumulative effect of all past and present uses, including the requested use, and uses which may reasonably be anticipated to occur in the future as a result of granting the requested reversal or modification. The granting of a particular petition for use may not in itself pose a significant risk to man or the environment, but the cumulative impact of each additional use of the cancelled or suspended pesticide may re-establish, or serve to maintain, the significant risks previously found by the Administrator. (b) The presiding officer shall make recommendations, including findings of fact and conclusions and to the extent feasible, as determined by the presiding officer, the procedures at the hearing shall follow the Rules of Practice, set forth in subparts A and B of this part 164. | ||||
| 40:40:26.0.1.1.13.4.19.4 | 40 | Protection of Environment | I | E | 164 | PART 164—RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, ARISING FROM REFUSALS TO REGISTER, CANCELLATIONS OF REGISTRATIONS, CHANGES OF CLASSIFICATIONS, SUSPENSIONS OF REGISTRATIONS AND OTHER HEARINGS CALLED PURSUANT TO SECTION 6 OF THE ACT | D | Subpart D—Rules of Practice for Applications Under Sections 3 and 18 To Modify Previous Cancellation or Suspension Orders | § 164.133 Emergency waiver of hearing. | EPA | (a) In the case of an application subject to this subpart D which is filed under section 18 of FIFRA, and regulations thereunder, and for which a hearing is required pursuant to § 164.131, the Administrator may dispense with the requirement of convening such a hearing in any case in which he determines: (1) That the application presents a situation involving need to use the pesticide to prevent an unacceptable risk: (i) To human health, or (ii) to fish or wildlife populations when such use would not pose a human health hazard; and (2) That there is no other feasible solution to such risk; and (3) That the time available to avert the risk to human health or fish and wildlife is insufficient to permit convening a hearing as required by § 164.131; and (4) That the public interest requires the granting of the requested use as soon as possible. (b) Notice of any determination made by the Administrator pursuant to paragraph (a) of this section shall be published in the Federal Register as soon as practicable after granting the requested use and shall set forth the basis for the Administrator's determination. | ||||
| 46:46:6.0.1.1.7.1.1.1 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.003 | Subpart 164.003—Kapok, Processed | § 164.003-1 Applicable specifications. | USCG | (a) There are no other specifications applicable to this subpart. (b) [Reserved] | ||||
| 46:46:6.0.1.1.7.1.1.2 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.003 | Subpart 164.003—Kapok, Processed | § 164.003-2 Grades. | USCG | (a) Processed kapok shall be of but one grade as in this subpart. (b) [Reserved] | ||||
| 46:46:6.0.1.1.7.1.1.3 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.003 | Subpart 164.003—Kapok, Processed | § 164.003-3 Material and workmanship. | USCG | [11 FR 188, Jan. 3, 1946, as amended by USCG-2014-0688, 79 FR 58286, Sept. 29, 2014] | (a) The raw kapok fiber shall be long, clean, creamy white in color, lustrous, free from discoloration and adulteration with other fiber, and of a quality equal to that grown in Java. (b) Kapok shall be processed by teasing in a machine using the air-blow method. Mechanical separation of fiber masses is permitted, but machines using violent beating which breaks down the fibers or causes undue powdering or pulverizing are not permitted. Provision shall be made for trapping seeds and heavy objects in gravity traps and the dust or powder in an efficient dust collector. (c) Processed kapok shall have a buoyancy in fresh water of at least 48 pounds per cubic foot when tested in accordance with § 164.003-4(d). Rejected kapok shall not be used in lifesaving products inspected by the Coast Guard. (d) The processed kapok shall contain not more than 5 percent by weight of sticks, seeds, dirt or other foreign material and shall be free from objectionable odor and adulteration with other fibers. | |||
| 46:46:6.0.1.1.7.1.1.4 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.003 | Subpart 164.003—Kapok, Processed | § 164.003-4 Inspections and tests. | USCG | (a) Kapok fibers to be used in a finished product subject to inspection by the Coast Guard shall be subject to inspection and tests at the plant of the manufacturer of such product, who shall furnish the necessary testing tank, test cages, and scales. (b) Acceptance of kapok prior to being incorporated into finished products, or during the course of manufacture, shall in no case be construed as a guarantee of the acceptance of the finished product. (c) Not less than a one-pound sample from each 1,000 pounds of kapok shall be tested for buoyancy by the inspector. At his discretion, the inspector may select additional samples for tests if deemed advisable. (d) The buoyancy test shall be made with 16 ounces of processed kapok uniformly packed in a rigid wire box or cage with metal reinforced edges, and submerged by weights in a tank of fresh water to a depth of 12 inches below the surface of the water, measurement made to the top of box, for 48 hours. The test box shall be cylindrical in shape, and as nearly as practicable 1/3 cubic foot in volume, 4 inches deep, 13.54 inches diameter, all inside measurements; constructed of about 0.065 inch galvanized iron wire with about 1/4 inch mesh, and lined with about 0.007 inch copper wire screen about 18 meshes to the inch, to prevent the kapok from pushing out through the larger wire meshes. At the end of forty-eight hours submergence, the buoyancy shall be determined by subtracting the submerged weight of the box, accessory weights and kapok from the submerged weight of the box and weights without the kapok, and dividing the remainder by the volume of the kapok expressed in cubic feet. (e) Kapok fiber shall, at the option of the inspector, be subjected to a microscopic examination to detect adulteration with other fiber. (f) Processed kapok shall, at the option of the inspector, be subjected to separation of kapok fibers from foreign matter by hand, the portions of each weighed, and percentage of foreign matter computed for compliance with § 164.003-3(d). | ||||
| 46:46:6.0.1.1.7.1.1.5 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.003 | Subpart 164.003—Kapok, Processed | § 164.003-5 Procedure for approval. | USCG | (a) Processed kapok is not subject to formal approval, but will be accepted by the inspector on the basis of this subpart for use in the manufacture of lifesaving equipment utilizing it. (b) [Reserved] | ||||
| 46:46:6.0.1.1.7.10.1.1 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-1 Scope. | USCG | (a) This subpart contains general requirements for standard personal flotation device (PFD) components, procedures for acceptance of non-standard PFD components, and production quality control requirements for all PFD components, used in the construction of PFDs approved under part 160 of this subchapter. (b) Other subparts of this part contain specific requirements applicable to particular PFD components used in the construction of Coast Guard-approved PFDs. (c) Part 160 of this chapter contains specific requirements and limitations concerning the use of PFD components in the construction of particular Coast Guard-approved PFDs. | ||||
| 46:46:6.0.1.1.7.10.1.10 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-17 Recognized laboratory. | USCG | (a) General. A laboratory may be designated as a recognized laboratory under this subpart if it is— (1) Accepted by the Coast Guard as an independent laboratory under subpart 159.010 of this subchapter; and (2) Established in the inspection of factory production, listing, and labeling, by having an existing program and standards for evaluation, listing, and marking components, that are acceptable to the Commandant. (b) Designated recognized laboratories. A current listing of recognized laboratories is available from the Commandant upon request. | ||||
| 46:46:6.0.1.1.7.10.1.2 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-3 Definitions. | USCG | [CGD 84-068, 58 FR 29494, May 20, 1993, as amended by CGD 95-072, 60 FR 50467, Sept. 29, 1995; CGD 96-041, 61 FR 50734, Sept. 27, 1996; USCG-2006-25697; 71 FR 55747, Sept. 25, 2006; USCG-2009-0702, 74 FR 49238, Sept. 25, 2009; USCG-2013-0671, 78 FR 60162, Sept. 30, 2013] | Acceptance means certification by the Coast Guard that a component is suitable for use in the manufacture of Coast Guard-approved PFDs. Commandant means the Chief of the Lifesaving and Fire Safety Division, Office of Engineering and Design Standards, U.S. Coast Guard. Address: Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509; telephone 202-372-1392. Component manufacturer means either a component manufacturer or supplier seeking acceptance of a component, or a component manufacturer or supplier who has obtained acceptance of a component. Inspector means a Coast Guard marine inspector, authorized representative of the Coast Guard, or a recognized laboratory representative. Non-standard component means a PFD component which is equivalent in performance to a standard component. PFD Type means the performance type designation as indicated in 33 CFR part 175 and this subchapter. Standard component means a PFD component which complies in all respects with the material, construction, and performance requirements of a subpart of this part or part 160 of this chapter. Use Code means an alphanumeric code assigned by the Commandant (CG-ENG-4) to a PFD component to designate the PFD Type(s) in which it may be used. Assigned Use Codes are listed in table 164.019-3. Table 164.019-3 | |||
| 46:46:6.0.1.1.7.10.1.3 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-4 Component requirements. | USCG | (a) PFDs may be constructed only with Coast Guard-accepted PFD components meeting the requirements of this subchapter. (b) PFD components may be used in the construction of PFDs only in accordance with their Use Codes. | ||||
| 46:46:6.0.1.1.7.10.1.4 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-5 Standard components; acceptance criteria and procedures. | USCG | (a) General. Standard components used in the construction of PFDs must meet the applicable requirements of this part or part 160 and the documentation requirements of this section. (b) Use Codes. Each standard component is assigned a Use Code as indicated in table 164.019-3. Additional Use Codes may be assigned by the Commandant. (c) Method and documentation of acceptance. Except as provided in paragraph (d) of this section, the following requirements pertaining to the shipment of standard components must be met in order for the standard components to be considered Coast Guard-accepted standard components: (1) Each shipment of standard components must be accompanied by an affidavit complying with § 164.019-11. (2) A sample affidavit, or a copy of the affidavit, provided with the first shipment of standard components to a PFD manufacturer, must be provided to the Commandant. (3) A revised sample affidavit, or a copy of the revised affidavit, must be provided to the Coast Guard any time the information on the affidavit accompanying a shipment of standard components materially changes. (d) Exception. Affidavits are not required to be provided for standard components that are under the quality control oversight program of a recognized laboratory meeting the requirements of § 164.019-17. (e) Suspension or termination of acceptance. The procedures in §§ 2.75-40 and 2.75-50 of this chapter for suspension and termination of approvals also apply to Coast Guard acceptances of PFD components. | ||||
| 46:46:6.0.1.1.7.10.1.5 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-7 Non-standard components; acceptance criteria and procedures. | USCG | [CGD 84-068, 58 FR 29494, May 20, 1993; 58 FR 32416, June 9, 1993] | (a) General. Non-standard components may be used in the construction of PFDs only if they have been accepted by the Coast Guard in accordance with the requirements of this section. (b) Use Codes. Each non-standard component is assigned a Use Code as indicated in table 164.019-3. Additional Use Codes may be assigned by the Commandant. (c) Request for acceptance. The component manufacturer or the recognized laboratory that performs the acceptance testing required by the applicable subpart of this part or part 160 of this chapter must submit, in writing, to the Commandant, a request for acceptance of any non-standard component. The request must include the information, supporting documentation, and samples required by this section. (1) The request must include a statement of the intended use of the component by the PFD manufacturer, and the Use Code(s) for which acceptance is requested. Intended uses must be for one or more of the following— (i) Outer Envelope Fabric (exterior fabrics on wearable PFDs); (ii) Cover Fabric (for throwable PFDs); (iii) Inner Envelope Fabric; (iv) Closure (including zippers) or Adjustment Hardware; (v) Body Strap; (vi) Grab Strap (applies to buoyant cushions only); (vii) Tie Tape; (viii) Reinforcing Tape; (ix) Thread: (x) Flotation Foam; or (xi) Other (specify). (2) The request must include a statement identifying the component in detail and including the unique style, part, or model number, the identification data required by the applicable subpart of this part, and any other manufacturer's identifying data. No two components which differ in any way, e.g., size, material composition, construction, may utilize the same identification number. (3) The report of a recognized laboratory's test data in accordance with the “acceptance tests” required by the applicable subpart of this part or part 160 must be submitted with the request. Each report must include the name of the laboratory and a description of the test equipment and test methods used, and must be signed and … | |||
| 46:46:6.0.1.1.7.10.1.6 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-9 Procedure for acceptance of revisions of design, process, or materials. | USCG | (a) The manufacturer shall not change the design, material, manufacturing process, or construction of a non-standard component unless it has been previously approved by the Commandant, in accordance with paragraph (b) of this section. (b) The manufacturer or the recognized laboratory that performs the acceptance testing required by the applicable subpart of this part or part 160 of this chapter shall submit requests for acceptance of revisions in design, material, manufacturing process, or construction of a non-standard component in writing and describe the revision in detail similar to the original request for acceptance. | ||||
| 46:46:6.0.1.1.7.10.1.7 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-11 Certification (affidavits). | USCG | General. Affidavits required by § 164.019-5(c) must be notarized, and certify that a component complies in all respects with the material and construction requirements of a subpart of this part or part 160 of this chapter. Each affidavit must contain the following information: (a) Name and address of company. (b) Name and title of signing company official. (c) Description of the component by use of the unique style, part, or model number and other applicable distinctive characteristics such as weight, size, denier, treatments or coatings, etc. (d) Production data (to include lot, batch number, and quantity shipped) in sufficient detail to enable the manufacturer or purchaser to trace a shipment of components back to the lots of raw materials used in its manufacture. (e) The intended use of the component, from the list in § 164.019-7(c)(1). (f) The PFD Type(s) for which the component is a standard component, as determined by— (1) The standard material component requirements of part 160 of this chapter with which the component complies; or (2) The Use Code(s) of the component. (g) A statement indicating the specific provision(s) of this subchapter with which the component complies. (h) A copy of the records of all required production tests performed on the component lots that are covered by the affidavit. | ||||
| 46:46:6.0.1.1.7.10.1.8 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-13 Production quality control requirements. | USCG | [CGD 84-068, 58 FR 29494, May 20, 1993; 58 FR 32416, June 9, 1993] | (a) General. Each component manufacturer shall establish procedures for maintaining quality control of the materials used in production, manufacturing operations, and the finished product. (b) Recognized laboratory oversight. Each manufacturer of non-standard components shall supplement its procedures for assuring production quality control with a program of oversight by a recognized laboratory, as described in the oversight procedures submitted to the Coast Guard in accordance with § 164.019-7(c)(9). The laboratory's oversight program must be performed at the place of manufacture unless alternate procedures have been accepted by the Commandant. (c) Production tests and inspections. Production tests and inspections must be conducted in accordance with this section and subpart 159.007 of this chapter. (d) Responsibilities; component manufacturers. Each component manufacturer shall— (1) Perform all production tests and inspections required by the applicable subpart of this part; (2) Adhere to the accepted quality control procedures for the component as submitted to the Coast Guard in accordance with § 164.019-7(c)(8); and (3) Establish a continuing program of employee training and a program for maintaining production and test equipment. (e) Responsibilities; recognized laboratories. The same recognized laboratory that performed the acceptance testing shall, at least quarterly, or more frequently if required by the applicable subpart of this part or by the oversight procedures submitted in accordance with § 164.019-7(c)(9)— (1) Audit the component manufacturer's records required by § 164.019-15; (2) Perform, or supervise the performance of, the tests required by this section, the applicable subpart of this part, and the accepted quality control and oversight procedures; and (3) Verify, during each inspection, compliance by the manufacturer with the manufacturer's established quality control program and provide a summary report of any noncompliance to the Commandant at least annually. (f) Compon… | |||
| 46:46:6.0.1.1.7.10.1.9 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.019 | Subpart 164.019—Personal Flotation Device Components | § 164.019-15 Component manufacturer records. | USCG | (a) Each component manufacturer shall retain records as required by § 159.007-13 of this chapter. (b) The records required by paragraph (a) of this section must include the following information: (1) For each test, the serial number of the test instrument used if there is more than one available. (2) For each test and inspection, the identification of the samples used, the lot number, the unique component identification, and the quantity of the component in the lot. (3) The cause for rejection, any corrective action taken, and the final disposition of each lot rejected. (c) Manufacturers utilizing procedures and apparatus meeting the requirements of the applicable subpart of this part or the independent laboratory's accepted follow-up inspection procedures are not required to include the description of procedures or photographs or apparatus required by § 159.007-13 of this chapter in the manufacturers' records. (d) In addition to the records required by paragraphs (a) and (b) of this section, each component manufacturer shall retain the following: (1) Records for all materials used in production, including name and address of the supplier, date of purchase and receipt, and lot number. (2) A copy of this subpart, and other subparts applicable to the component manufactured. (3) Each document incorporated by reference in the applicable subpart(s) of this part. (4) A copy of the accepted component specifications and identifying data. (5) Records of calibration of all test equipment, including the identity of the agency performing the calibration, date of calibration, and results. (e) Manufacturers shall retain the records required by paragraph (d)(1) of this section for at least 60 months. (f) Upon request, manufacturers shall make available to the inspector or to the Commandant records of tests conducted by the manufacturer and records of materials entering into construction, including affidavits by suppliers certifying that applicable requirements are met. | ||||
| 46:46:6.0.1.1.7.11.1.1 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-1 Scope. | USCG | This subpart contains performance requirements, acceptance tests, and production testing and inspection requirements for thread used in the construction of personal flotation devices (PFDs) approved under part 160 of this subchapter. Manufacturers must also comply with the requirements of subpart 164.019 of this chapter. | ||||
| 46:46:6.0.1.1.7.11.1.2 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-3 Specifications and standards incorporated by reference. | USCG | [CGD 84-068, 58 FR 29497, May 20, 1993, as amended by CGD 95-072, 60 FR 50467, Sept. 29, 1995; CGD 96-041, 61 FR 50734, Sept. 27, 1996; 69 FR 18803, Apr. 9, 2004; USCG-2009-0702, 74 FR 49238, Sept. 25, 2009; USCG-2013-0671, 78 FR 60162, Sept. 30, 2013] | (a) Certain materials are incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than the one listed in paragraph (b) of this section, notice of change must be published in the Federal Register and the material made available to the public. All approved material may be inspected at the National Archives and Records Administration (NARA), and at Coast Guard Headquarters. Contact Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The material is also available from the sources indicated in paragraph (c) of this section. 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) The materials approved for incorporation by reference in this subpart, and the sections affected are: Federal Standards and Test Method Standards The following test methods in Federal Test Method Standard No. 191A, Textile Test Methods, July 20, 1978: (1) Method 4010, Length-Weight Relation; Thread; Yards Per Pound (m/kg)—164.023-11. (2) Method 4100, Strength and Elongation, Breaking; and Tenacity; of Thread and Yarn; Single Strand—164.023-7. (3) Method 5804, Weathering Resistance of Cloth; Accelerated Weathering Method—164.023-7. Federal Specifications (4) V-T-285E—Thread, Polyester, August 21, 1986—164.023-5. (5) V-T-295E—Thread, Nylon, August 1, 1985—164.023-5. Military Specifications (6) MIL-T-43548C—Thread, Polyester Core: Cotton-, Rayon-, or Polyester-Covered, September 30, 1986—164.023-5. (7) MIL-T-43624A—Thread, Polyester, Spun, January 22, 1982—164.023-5. Federal Standards and Test Method Standards The following test methods in Federal Test Method Standard No. 191A, Textile Test Methods, July 20, 1978: Federal Specifications Military… | |||
| 46:46:6.0.1.1.7.11.1.3 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-5 Performance; standard thread. | USCG | (a) Use Codes 1, 2, 3, 4BC, 4RB, 5 (any). Each thread which complies with all of the requirements of a specification listed in table 164.023-5(a) is assigned Use Codes 1, 2, 3, 4BC, 4RB, and 5 (any). Table 164.023-5( a ) [Use codes 1, 2, 3, 4BC, 4RB, 5(any)] (b) Use Code 4B. Each thread which meets the requirements of Federal Specifications V-T-295, Type II, Class A, number size 4, is assigned Use Code 4B. | ||||
| 46:46:6.0.1.1.7.11.1.4 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-7 Performance; non-standard thread. | USCG | (a) Use Codes 1, 2, 3, 4BC, 4RB, 5 (any). Each non-standard thread which meets all of the requirements of paragraphs (a)(1) through (a)(3) of this section is assigned Use Codes 1, 2, 3, 4BC, 4RB, and 5 (any). (1) Single strand breaking strength. The thread, as received, must have a single strand breaking strength of not less than 25 N (5.7 lb.), when tested in accordance with Test Method 4100 in Federal Test Method Standard No. 191A using a Constant-Rate-of-Traverse (CRT) testing machine. (2) Single strand breaking strength (after weathering). After exposure in a sunshine carbon-arc weatherometer in accordance with Test Method 5804 in Federal Test Method Standard No. 191A for a period of 100 hours, the thread must retain at least 60 percent of its single strand breaking strength as received, and have a breaking strength of at least 21 N (4.7 lb.). (3) Loop breaking strength. The thread, as received, must have a loop breaking strength of not less than 45 N (10.0 lb.), when tested in accordance with Test Method 4100 in Federal Test Method Standard No. 191A using a CRT testing machine, except that— (i) Each specimen must consist of two 35 cm (14 in.) pieces of thread; and (ii) Both ends of one piece of thread must be secured without twisting in one clamp of the testing machine so that the length of the loop formed equals one half the distance between the clamps. One end of the second piece must then be passed without twisting through the loop formed by the first, and both ends must be secured in the other clamp of the machine. The breaking strength must then be determined under the single strand test. (b) Use Code 4B. Each non-standard thread which meets all of the requirements of paragraphs (b)(1) and (b)(2) of this section is assigned Use Code 4B. (1) Single strand breaking strength. The thread as received must have a single strand breaking strength of not less than 160 N (36.0 lb.) when tested in accordance with Test Method 4100 in Federal Test Method Standard No. 191A using a CRT testing machi… | ||||
| 46:46:6.0.1.1.7.11.1.5 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-9 Samples submitted for acceptance. | USCG | Application samples. A product sample submitted for acceptance as required by § 164.019-7(c)(4) must consist of at least one unit of put-up of thread. | ||||
| 46:46:6.0.1.1.7.11.1.6 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-11 Acceptance tests. | USCG | (a) Performance testing. Manufacturers shall ensure that the performance tests described in § 164.023-7 (a) or (b), as appropriate, are performed on a minimum of five samples in each of the lightest and darkest colors submitted for acceptance. (b) Identification testing. Manufacturers shall ensure that the following identification tests are conducted: (1) The average length/weight ratio of the thread in meters per kilogram (yards per pound) must be determined in accordance with Test Method 4010 in Federal Test Method Standard 191A. (2) The generic chemical composition of the thread must be determined by qualitative infrared analysis, thermogravimetric analysis, differential scanning calorimeter, or other equivalent means adequate to conclusively identify the composition of the product tested. (3) Elongation at break must be determined on the same samples tested for single strand breaking test in accordance with § 164.023-7(a)(1) or (b)(1), as appropriate. | ||||
| 46:46:6.0.1.1.7.11.1.7 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-13 Production tests and inspections. | USCG | (a) Manufacturer's test equipment and facilities. The manufacturer shall provide the following test equipment and facilities for use in production tests and inspections: (1) A Constant Rate of Traverse tensile testing machine, capable of initial clamp separation of ten inches and a rate of separation of 30 cm (12 in.) per minute. (2) Fletcher, Callaway, U.S. Rubber clamps, or equivalent cam-actuated clamps to prevent slippage and twist of the samples. (3) An analytical balance or grain-yarn scale, accurate to within 0.25 percent of the measured value. (b) Lot size. Lot size must not exceed 460,000 meters (500,000 yds.) or 45 kg (100 lb.) of any color. (c) Sample selection. Samples must be selected at random by the manufacturer (or inspector, as applicable) after the entire lot of thread has been completed. (d) Second sampling. A second sampling, where required, must consist of five times the original sample size. (e) Manufacturer's production tests. The component manufacturer shall perform the following tests on the samples indicated (each sample to include at least 5 specimens unless otherwise specified in the referenced test procedure) on each lot of thread: (1) Breaking strength. One sample must be tested in accordance with § 164.023-7(a)(1) or § 164.023-7(b)(1), as applicable. (2) Length/weight ratio. One sample must be tested in accordance with § 164.023-11(b)(1). (f) Recognized laboratory production tests. Manufacturers shall ensure that the following tests and inspections are performed on non-standard components by a recognized laboratory: (1) Composition. At least annually, one sample of each accepted thread must be tested in accordance with § 164.023-11(b)(2). (2) Breaking strength. At least quarterly, one sample in each of the lightest and darkest colors accepted must be tested in accordance with § 164.023-7(a)(1) or § 164.023-7(b)(1), as applicable. This test may be performed by a recognized laboratory, or witnessed by a recognized laboratory inspector at the manufacture… | ||||
| 46:46:6.0.1.1.7.11.1.8 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.023 | Subpart 164.023—Thread for Personal Flotation Devices | § 164.023-15 Marking. | USCG | (a) General. The manufacturer must ensure that each shipping label, and each spool or individual unit of put-up, is permanently and clearly marked in a color which contrasts with the color of the surface on which the marking is applied. Each label must be marked with— (1) The manufacturer's or supplier's name, trade name, or symbol; (2) The unique style, part, or model number of the thread; (3) The size of the thread; (4) The composition of the thread; and (5) The lot number of the thread. (b) Non-standard thread. In addition to the markings specified in paragraph (a) of this section, each unit of put-up of non-standard thread must be marked with the appropriate recognized laboratory's certification marking(s). | ||||
| 46:46:6.0.1.1.7.12.1.1 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.105 | Subpart 164.105—Deck Assemblies (A-60) For SOLAS Vessels | § 164.105-1 Scope. | USCG | This subpart prescribes requirements for approval of deck assemblies (A-60) for SOLAS vessels as required by the International Convention for the Safety of Life at Sea (SOLAS). | ||||
| 46:46:6.0.1.1.7.12.1.2 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.105 | Subpart 164.105—Deck Assemblies (A-60) For SOLAS Vessels | § 164.105-2 Incorporation by reference. | USCG | (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, Office of Design and Engineering Standards (CG-ENG), 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) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org . (1) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (“FTP Code”), IBR approved for § 164.105-3(a). (2) [Reserved] | ||||
| 46:46:6.0.1.1.7.12.1.3 | 46 | Shipping | I | Q | 164 | PART 164—MATERIALS | 164.105 | Subpart 164.105—Deck Assemblies (A-60) For SOLAS Vessels | § 164.105-3 Testing, marking, and inspection requirements. | USCG | (a) Each deck assembly submitted for type approval must be tested for non-combustibility under Annex 1, Part 1 and then tested for fire resistance under Annex 1, Part 3 of the FTP Code (incorporated by reference, see § 164.105-2). (b) All testing and inspections required by this subpart must be performed by an independent laboratory accepted by the Coast Guard under subpart 159.010 of this chapter. A list of independent laboratories accepted as meeting subpart 159.010 of this chapter is available online at http://psix.uscg.mil/EQLabs/Default.aspx . (c) The independent laboratory must perform an initial factory inspection to select the test specimens and establish the materials of construction, chemical make-up, dimensions, tolerances, and other related factors needed to confirm product consistency during follow-up production inspections. (d) Production inspections must be performed by the independent laboratory in accordance with subpart 159.007 of this chapter at least annually to confirm that no changes have been made to the product that may adversely affect its fire performance as a deck assembly. (e) The independent laboratory must prepare production inspection procedures and a report of the results of the fire testing program, and must furnish the manufacturer with three copies of each upon completion of the required testing. (f) Materials approved under this subpart must be shipped in packaging that is clearly marked with the name of the manufacturer, product designation, date of manufacture, batch or lot number, and Coast Guard type approval number. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
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section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);