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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:3.0.1.6.39.1.3.1 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | A | Subpart A—General | § 194.101 Applicability. | FAA | (a) The Special Federal Aviation Regulation (SFAR) in this part prescribes: (1) Certain requirements that may be satisfied in lieu of the requirements of part 61 of this chapter for persons seeking a powered-lift pilot certificate and rating, the conditions under which those certificates and ratings are necessary, and the privileges and limitations of those certificates and ratings; (2) The general operating rules applicable to all persons operating powered-lift, including those an operator must meet to conduct powered-lift operations under parts 91, 135, and 136 of this chapter; (3) The requirements for persons conducting training, testing, and checking utilizing a powered-lift or flight simulation training device (FSTD) representing a powered-lift under parts 135, 141, and 142 of this chapter; and (4) The requirements for persons conducting maintenance, preventative maintenance, rebuilds, alterations, or inspections on powered-lift pursuant to part 43 of this chapter. (b) In addition to the requirements in this part, the following parts continue to apply to those persons described in paragraph (a) of this section unless otherwise specified in this part: parts 43, 60, 61, 91, 97, 135, 136, 141, and 142 of this chapter. | ||||
| 14:14:3.0.1.6.39.1.3.2 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | A | Subpart A—General | § 194.103 Definitions. | FAA | For the purpose of this part: Aviation Safety Inspector means a pilot employed by the FAA to conduct operations of a powered-lift for the purpose of establishing a type rating in that particular powered-lift under part 21 of this chapter, as appropriate. Extended over-water operation means a powered-lift operation over water at a horizontal distance of more than 50 nautical miles from the nearest shoreline and more than 50 nautical miles from an off-shore heliport structure under part 91 or 135 of this chapter. FAA test pilot means a pilot employed by the FAA to conduct operations of a powered-lift for the purpose of FAA examination or inspection of a type design for which an application for type certification has been submitted under part 21 of this chapter. Heliport means an area of land, water, or structure used or intended to be used for the landing and takeoff of helicopters and powered-lift. Instructor pilot means a pilot employed or used by a manufacturer of a powered-lift to conduct operations of the powered-lift for the purpose of developing a proposed training curriculum and providing crew training. Manufacturer means any person who holds, or is an applicant for, a type or production certificate for an aircraft. An amateur builder under § 21.191(g) of this chapter, builder of a kit aircraft under § 21.191(h) of this chapter, or the holder of a restricted category type certificate are not considered manufacturers for the purpose of this part. Test pilot means a pilot employed or used by a manufacturer of a powered-lift to conduct operations of the powered-lift for the purpose of research and development and showing compliance with this chapter. Vertical-lift flight mode means a mode of flight where a powered-lift: (1) Is in a configuration that allows vertical takeoff, vertical landing, and low-speed flight; and (2) Depends principally on engine-driven lift devices or engine thrust for lift. Wing-borne flight mode means a mode of flight where a powered-lift is not operating in the ver… | ||||
| 14:14:3.0.1.6.39.1.3.3 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | A | Subpart A—General | § 194.105 Qualification of powered-lift FSTDs. | FAA | (a) For flight simulation training devices (FSTDs) representing powered-lift for which qualification standards have not been issued under part 60 of this chapter, the applicable requirements will be the portions of the flight simulation training device qualification performance standards contained in appendices A through D to part 60 of this chapter that are found by the Administrator to be appropriate for the powered-lift and applicable to a specific type design, or such FSTD qualification criteria as the Administrator may find provide an equivalent level of safety to those FSTD qualification standards. (b) Proposed qualification performance standards as set forth by paragraph (a) of this section will be published in the Federal Register for comment, except when the FAA considers public notice to be unnecessary because previous opportunities to comment on substantially identical proposed qualification performance standards have been provided. In these instances, FAA will provide personal notice and opportunity for comment. | ||||
| 14:14:3.0.1.6.39.1.3.4 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | A | Subpart A—General | § 194.107 Expiration. | FAA | This part, consisting of Special Federal Aviation Regulation (SFAR) No. 120, will remain in effect until January 21, 2035. | ||||
| 14:14:3.0.1.6.39.1.3.5 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | A | Subpart A—General | § 194.109 Incorporation by reference. | FAA | 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. All approved incorporation by reference (IBR) material is available for inspection at the FAA and at the National Archives and Records Administration (NARA). Contact the FAA's Office of Rulemaking, 800 Independence Avenue SW, Washington, DC 20590; phone: (202) 267-9677. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the sources in the following paragraphs: (a) RTCA, Inc., 1150 18th St. NW, Suite 910, Washington, DC 20036; phone: (202) 833-9339; website: www.rtca.org/products. (1) Section 2 of RTCA DO-309, Minimum Operational Performance Standards (MOPS) for Helicopter Terrain Awareness and Warning System (HTAWS) Airborne Equipment (Mar. 13, 2008); into §§ 194.302; 194.306. (2) [Reserved] (b) U.S. Department of Transportation, Subsequent Distribution Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785; phone (301) 322-5377; website: www.faa.gov/aircraft/air_cert/design_approvals/tso/ (select the link “Search Technical Standard Orders”). (1) TSO-C194, Technical Standard Order: Helicopter Terrain Awareness and Warning System, effective Dec. 17, 2008; into §§ 194.302; 194.306. (2) [Reserved] | ||||
| 14:14:3.0.1.6.39.2.3.1 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.201 Alternate definition of cross-country time. | FAA | Notwithstanding the cross-country time definitions in § 61.1(b) of this chapter, a person may log flight time in a powered-lift as cross-country time provided the time was acquired during a flight— (a) That includes a point of landing that was at least a straight-line distance of more than 25 nautical miles from the original point of departure; and (b) That involves the use of dead reckoning, pilotage, electronic navigation aids, radio aids, or other navigation systems to navigate to the landing point. | ||||
| 14:14:3.0.1.6.39.2.3.10 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.217 Test pilots, FAA test pilots, or aviation safety inspectors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. | FAA | (a) General applicability. An applicant for a commercial pilot certificate with a powered-lift category rating who is a test pilot for the manufacturer of an experimental powered-lift, an FAA test pilot, or an aviation safety inspector may satisfy the alternate aeronautical experience and logging requirements set forth in paragraphs (b) and (c) of this section, provided— (1) The flights are conducted in an experimental powered-lift at the manufacturer; (2) The applicant is authorized by the Administrator to act as pilot in command of the experimental powered-lift. (b) Alternate aeronautical experience requirements. Notwithstanding the eligibility requirement specified in § 61.123(f) of this chapter, a test pilot, FAA test pilot, or aviation safety inspector may meet the requirements in paragraphs (b)(1) through (4) of this section in lieu of the aeronautical experience requirements of § 61.129(e)(3) and (4) of this chapter. (1) A test pilot, FAA test pilot, or aviation safety inspector may receive 20 hours of flight training on the areas of operation listed in § 61.127(b)(5) of this chapter from an instructor pilot for the manufacturer of an experimental powered-lift in lieu of an authorized instructor, provided— (i) The training is conducted in accordance with the manufacturer's proposed training curriculum in the experimental powered-lift; and (ii) The test pilot, FAA test pilot, or aviation safety inspector receives a logbook or training record endorsement from the instructor pilot certifying that the test pilot satisfactorily completed the training curriculum specified in paragraph (b)(1)(i) of this section. (2) A test pilot, FAA test pilot, or aviation safety inspector may accomplish the practical test preparation requirements in § 61.129(e)(3)(iv) of this chapter with a pilot who serves as an instructor pilot for the manufacturer of the experimental powered-lift. (3) A test pilot, FAA test pilot, or aviation safety inspector may satisfy the aeronautical experience requirement in § 61.129(e)(4) o… | ||||
| 14:14:3.0.1.6.39.2.3.11 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.219 Instructor pilots: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. | FAA | (a) General applicability. An applicant for a commercial pilot certificate with a powered-lift category rating who is an instructor pilot for the manufacturer of an experimental powered-lift may satisfy the alternate aeronautical experience and logging requirements set forth in paragraphs (b) and (c) of this section, provided— (1) The flights are conducted in an experimental powered-lift at the manufacturer; and (2) The applicant is authorized by the Administrator to act as pilot-in-command of the experimental powered-lift. (b) Alternate aeronautical experience requirements. Notwithstanding the eligibility requirement specified in § 61.123(f) of this chapter, an instructor pilot may meet the requirements in paragraphs (b)(1) through (4) of this section in lieu of the aeronautical experience requirements of § 61.129(e)(3) and (4) of this chapter. (1) An instructor pilot may meet the requirements of paragraphs (b)(1)(i) and (ii) of this section in lieu of the 20 hours of training with an authorized instructor required by § 61.129(e)(3) of this chapter. (i) The instructor pilot provided the manufacturer's proposed training curriculum to a test pilot, FAA test pilot, or aviation safety inspector in the experimental powered-lift, which includes 20 hours of training on the areas of operation listed in § 61.127(b)(5) of this chapter; and (ii) The instructor pilot receives a logbook or training record endorsement from a management official within the manufacturer's organization certifying that the instructor pilot provided the training specified in paragraph (b)(1)(i) of this section. (2) An instructor pilot may accomplish the practical test preparation requirements in § 61.129(e)(3)(iv) of this chapter with a pilot who serves as an instructor pilot for the manufacturer of the experimental powered-lift. (3) An instructor pilot may satisfy the aeronautical experience requirement in § 61.129(e)(4) of this chapter by logging at least 10 hours of solo flight time under an endorsement from another instructor pilot… | ||||
| 14:14:3.0.1.6.39.2.3.12 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.221 Initial cadre of instructors: Alternate aeronautical experience and logging requirements for a commercial pilot certificate with a powered-lift category rating. | FAA | (a) General applicability. An applicant for a commercial pilot certificate with a powered-lift category rating may satisfy the alternate aeronautical experience and logging requirements set forth in paragraphs (b) and (c) of this section, provided— (1) The applicant is authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142 of this chapter, as appropriate; and (2) The flights are conducted in type-certificated powered-lift at the manufacturer. (b) Alternate aeronautical experience requirements. Notwithstanding the eligibility requirement specified in § 61.123(f) of this chapter, an applicant may meet the requirements in paragraphs (b)(1) through (4) of this section in lieu of the aeronautical experience requirements of § 61.129(e)(3) and (4) of this chapter. (1) An applicant may receive 20 hours of flight training on the areas of operation listed in § 61.127(b)(5) of this chapter from an instructor pilot for the manufacturer of the powered-lift in lieu of an authorized instructor, provided— (i) The training is conducted in accordance with the manufacturer's training curriculum in the powered-lift; and (ii) The applicant receives a logbook or training record endorsement from the instructor pilot certifying that the test pilot satisfactorily completed the training curriculum specified in paragraph (b)(1)(i) of this section. (2) An applicant may accomplish the practical test preparation requirements in § 61.129(e)(3)(iv) of this chapter with a pilot who serves as an instructor pilot for the manufacturer of the powered-lift. (3) An applicant may satisfy the aeronautical experience requirement in § 61.129(e)(4) of this chapter by logging at least 10 hours of solo flight time in a powered-lift under an endorsement from an instructor pilot or performing the duties of pilot-in-command in a powered-lift wit… | ||||
| 14:14:3.0.1.6.39.2.3.13 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.223 Pilots receiving training under an approved training program: Alternate requirements for a commercial pilot certificate with a powered-lift category rating. | FAA | (a) General applicability. An applicant for a commercial pilot certificate with a powered-lift category rating may satisfy the alternate requirements set forth in paragraphs (b) through (d) of this section, provided the applicant is receiving training under an approved training program under part 135, 141, or 142 of this chapter for the purpose of obtaining a powered-lift category rating. (b) Alternate aeronautical experience requirements. An applicant may satisfy the alternate requirements in § 194.233 in lieu of the cross-country aeronautical experience requirements specified in § 61.129(e)(3)(ii) and (iii) and (e)(4)(i) of this chapter. (c) Alternate logging requirement. Notwithstanding the logging requirements in § 61.51(e)(1) of this chapter, an applicant for a commercial pilot certificate with a powered-lift category rating may log up to 25 hours of pilot-in-command time towards the aeronautical experience requirement in § 194.216(a) for flights when the applicant is the sole manipulator of the controls of a powered-lift for which the pilot is not rated, provided— (1) The applicant is manipulating the controls of the powered-lift with an authorized instructor onboard; (2) The applicant is performing the duties of pilot-in-command; and (3) The flight is conducted in accordance with an approved training program under part 135, 141, or 142 of this chapter. | ||||
| 14:14:3.0.1.6.39.2.3.14 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.225 Test pilots, FAA test pilots, and aviation safety inspectors: Alternate aeronautical experience and logging requirements for an instrument-powered-lift rating. | FAA | (a) General applicability. An applicant for an instrument-powered-lift rating who is test pilot for the manufacturer of an experimental powered-lift, an FAA test pilot, or aviation safety inspector may satisfy the alternate aeronautical experience and logging requirements set forth in paragraphs (b) and (c) of this section, provided— (1) The flights are conducted in an experimental powered-lift at the manufacturer; and (2) The applicant is authorized by the Administrator to act as pilot-in-command of the experimental powered-lift. (b) Alternate aeronautical experience requirements. A test pilot, FAA test pilot, or aviation safety inspector may meet the aeronautical experience requirements of paragraphs (b)(1) through (4) of this section in lieu of the aeronautical experience requirements of § 61.65(f)(2) of this chapter. (1) Notwithstanding the eligibility requirement in § 61.65(a)(5) of this chapter, a test pilot, FAA test pilot, or aviation safety inspector may receive 15 hours of instrument training on the areas of operation listed in § 61.65(c) of this chapter from an instructor pilot for the manufacturer of an experimental powered-lift in lieu of an authorized instructor, provided— (i) The training is conducted in accordance with the manufacturer's proposed training curriculum in the experimental powered-lift; and (ii) The test pilot, FAA test pilot, or aviation safety inspector receives a logbook or training record endorsement from the instructor pilot certifying that the applicant satisfactorily completed the training curriculum specified in paragraph (b)(1)(i) of this section. (2) A test pilot, FAA test pilot, or aviation safety inspector may accomplish the practical test preparation requirements in § 61.65(f)(2)(i) of this chapter with an instructor pilot for the manufacturer of the experimental powered-lift. (3) A test pilot, FAA test pilot, or aviation safety inspector may accomplish the cross-country flight specified in § 61.65(f)(2)(ii) of this chapter for an instrument-powered-lift ratin… | ||||
| 14:14:3.0.1.6.39.2.3.15 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.227 Instructor pilots: Alternate aeronautical experience and logging requirements for an instrument-powered-lift rating. | FAA | (a) General applicability. An applicant for an instrument-powered-lift rating who is an instructor pilot for the manufacturer of an experimental powered-lift may satisfy the alternate aeronautical experience and logging requirements set forth in paragraphs (b) and (c) of this section, provided— (1) The flights are conducted in an experimental powered-lift at the manufacturer; and (2) The applicant is authorized by the Administrator to act as pilot-in-command of the experimental powered-lift. (b) Alternate aeronautical experience requirements. An instructor pilot may meet the aeronautical experience requirements of paragraphs (b)(1) through (4) of this section in lieu of the aeronautical experience requirements of § 61.65(f)(2) of this chapter. (1) Notwithstanding the eligibility requirement in § 61.65(a)(5) of this chapter, an instructor pilot may meet the requirements of paragraphs (b)(1)(i) and (ii) of this section in lieu of the 15 hours of training with an authorized instructor required by § 61.65(f)(2) of this chapter. (i) The instructor pilot provided the manufacturer's proposed training curriculum to a test pilot, FAA test pilot, or aviation safety inspector in the experimental powered-lift, which includes 15 hours of training on the areas of operation listed in § 61.65(c) of this chapter; and (ii) The instructor pilot receives a logbook or training record endorsement from a management official within the manufacturer's organization certifying that the instructor pilot provided the training specified in paragraph (b)(1)(i) of this section. (2) An instructor pilot may accomplish the practical test preparation requirements in § 61.65(f)(2)(i) of this chapter with another pilot who serves as an instructor pilot for the manufacturer of the experimental powered-lift. (3) An instructor pilot may accomplish the cross-country flight specified in § 61.65(f)(2)(ii) of this chapter for an instrument-powered-lift rating without an authorized instructor, provided the instructor pilot— (i) Completes the cro… | ||||
| 14:14:3.0.1.6.39.2.3.16 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.229 Initial cadre of instructors: Alternate aeronautical experience and logging requirements for an instrument-powered-lift rating. | FAA | (a) General applicability. An applicant for an instrument-powered-lift rating may satisfy the alternate aeronautical experience and logging requirements set forth in paragraphs (b) and (c) of this section, provided— (1) The applicant is authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142 of this chapter, as appropriate; and (2) The flights are conducted in type-certificated powered-lift at the manufacturer. (b) Alternate aeronautical experience requirements. Notwithstanding the instrument rating requirements of § 61.65 of this chapter, an applicant may meet the requirements in paragraphs (b)(1) through (4) of this section in lieu of the aeronautical experience requirements of § 61.65(f)(2) of this chapter. (1) Notwithstanding the eligibility requirement in § 61.65(a)(5) of this chapter, an applicant may receive 15 hours of instrument training on the areas of operation listed in § 61.65(c) of this chapter from an instructor pilot for the manufacturer of a powered-lift in lieu of an authorized instructor, provided— (i) The training is conducted in accordance with the manufacturer's training curriculum in the powered-lift; and (ii) The applicant receives a logbook or training record endorsement from the instructor pilot certifying that the applicant satisfactorily completed the training curriculum specified in paragraph (b)(1)(i) of this section. (2) An applicant may accomplish the practical test preparation requirements in § 61.65(f)(2)(i) of this chapter with a pilot who serves as an instructor pilot for the manufacturer of the powered-lift. (3) An applicant may accomplish the cross-country flight specified in § 61.65(f)(2)(ii) of this chapter for an instrument-powered-lift rating without an authorized instructor, provided the applicant— (i) Completes the cross-country flight specified in § 61.… | ||||
| 14:14:3.0.1.6.39.2.3.17 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.231 Pilots receiving training under an approved training program: Alternate requirements for an instrument-powered-lift rating. | FAA | (a) General applicability. An applicant for an instrument-powered-lift rating may satisfy the alternate requirements set forth in paragraphs (b) and (c) of this section, provided the applicant is receiving training under an approved training program under part 135, 141, or 142 of this chapter for the purpose of obtaining an instrument-powered-lift rating. (b) Alternate aeronautical experience requirements. An applicant may satisfy the alternate requirements in § 194.235 in lieu of the cross-country aeronautical experience requirements specified in § 61.65(f)(2)(ii) of this chapter. (c) Use of full flight simulators. In addition to the permitted credit for use of a full flight simulator in § 61.65(h) of this chapter, an applicant for an instrument-powered-lift rating may credit a maximum of 4 hours toward the aeronautical experience requirement in § 61.65(f)(1) of this chapter that requires 10 hours of cross-country time in a powered-lift, provided— (1) The aeronautical experience was obtained performing the duties of pilot-in-command during a simulated cross-country flight in a Level C or higher full flight simulator that represents the powered-lift category; (2) The cross-country flight includes the performance of instrument procedures under simulated instrument conditions; and (3) The sessions are conducted in accordance with an approved training program under part 135, 141, or 142 of this chapter. | ||||
| 14:14:3.0.1.6.39.2.3.18 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.233 Alternate means to satisfy the cross-country aeronautical experience requirements for a commercial pilot certificate with a powered-lift category rating. | FAA | Notwithstanding the eligibility requirement in § 61.123(f) of this chapter, an applicant who does not meet the cross-country aeronautical experience requirements specified in § 61.129(e) of this chapter will be considered eligible for a commercial pilot certificate with a powered-lift category rating as specified in paragraphs (a) and (b) of this section. (a) An applicant who does not meet the cross-country aeronautical experience requirements specified in § 61.129(e)(3)(ii) and (iii) of this chapter will be considered eligible for a commercial pilot certificate with a powered-lift category rating, provided the applicant has logged at least three cross-country flights consisting of— (1) One 2-hour cross-country flight in a powered-lift in daytime conditions that consists of a total straight-line distance of more than 50 nautical miles from the original point of departure; (2) One 2-hour cross-country flight in a powered-lift in nighttime conditions that consists of a total straight-line distance of more than 50 nautical miles from the original point of departure; and (3) An additional cross-country flight with landings at a minimum of three points, with one segment consisting of a straight-line distance of at least 50 nautical miles from the original point of departure. Except for the original point of departure, this additional cross-country flight must include landings at different points than the cross-country flights specified in paragraphs (a)(1) and (2) of this section. (b) An applicant who does not have the cross-country aeronautical experience specified in § 61.129(e)(4)(i) of this chapter will be considered eligible for a commercial pilot certificate with a powered-lift category, provided the applicant has logged at least two cross-country flights with landings at a minimum of three points, with one segment consisting of a straight-line distance of at least 50 nautical miles from the original point of departure. Except for the original point of departure, the second cross-country flight must include… | ||||
| 14:14:3.0.1.6.39.2.3.19 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.235 Alternate means to satisfy the cross-country aeronautical experience requirements for an instrument-powered-lift rating. | FAA | (a) An applicant who does not meet the cross-country aeronautical experience requirements specified in § 61.65(f)(2)(ii) of this chapter will be considered eligible for an instrument-powered-lift rating, provided the applicant has logged instrument time that includes instrument flight training on cross-country flight procedures, including two cross-country flights in a powered-lift, provided each cross-country flight— (1) Is conducted with either an authorized instructor or an instructor pilot; and (2) Involves— (i) A flight of 100 nautical miles along airways or by directed routing from an air traffic control facility; (ii) An instrument approach at each airport; and (iii) Three different kinds of approaches with the use of navigation systems. (b) Notwithstanding the requirements in § 61.65(f)(2)(ii) of this chapter for the cross-country flight in a powered-lift, an applicant for an instrument-powered-lift rating is not required to file a flight plan and perform the cross-country flight under instrument flight rules, provided— (1) The powered-lift is not certificated for instrument flight; and (2) The applicant holds one of the following— (i) An instrument-airplane rating; (ii) An instrument-helicopter rating; or (iii) An airline transport pilot certificate. | ||||
| 14:14:3.0.1.6.39.2.3.2 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.203 Alternate qualification requirements for certain flight instructors. | FAA | (a) Instructor pilots at a manufacturer. In addition to the provisions specified in § 61.3(d)(3) of this chapter, a flight instructor certificate issued under part 61 of this chapter is not necessary to conduct flight training if the training is given by an instructor pilot in a powered-lift at the manufacturer, provided the training is conducted in accordance with the manufacturer's training curriculum and is given to either— (1) A test pilot; (2) A person authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142 of this chapter, as appropriate; or (3) An FAA test pilot or aviation safety inspector. (b) Flight instructors under part 135 of this chapter. Notwithstanding the requirement in § 61.3(d)(3)(ii) of this chapter, a person must hold a flight instructor certificate with the appropriate powered-lift ratings to conduct training in accordance with a training curriculum approved to meet the requirements of § 194.243(a)(1). | ||||
| 14:14:3.0.1.6.39.2.3.20 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.237 Alternate means to satisfy the cross-country aeronautical experience requirements for a private pilot certificate with a powered-lift category rating. | FAA | Notwithstanding the eligibility requirement in § 61.103(g) of this chapter, an applicant who does not meet the cross-country aeronautical experience requirements specified in § 61.109(e) of this chapter will be considered eligible for a private pilot certificate with a powered-lift category rating as specified in paragraphs (a) and (b) of this section. (a) Cross-country aeronautical experience at night. An applicant who does not meet the cross-country aeronautical experience specified in § 61.109(e)(2)(i) of this chapter will be considered eligible for a private pilot certificate with a powered-lift category rating, provided the applicant has received 3 hours of night flight training that includes two cross-country flights that are each over 50 nautical miles total distance. (b) Solo cross-country aeronautical experience. An applicant who does not meet the solo cross-country aeronautical experience specified in § 61.109(e)(5)(ii) of this chapter will be considered eligible for a private pilot certificate with a powered-lift category rating, provided the applicant has completed— (1) One solo cross-country flight of 100 nautical miles total distance, with landings at three points, and one segment of the flight being a straight-line distance of more than 25 nautical miles between the takeoff and landing locations; and (2) An additional solo cross-country flight in a powered-lift with landings at a minimum of three points, with one segment consisting of a straight-line distance of at least 50 nautical miles from the original point of departure. Except for the original point of departure, the additional cross-country flight must include landings at different points than the first cross-country flight. | ||||
| 14:14:3.0.1.6.39.2.3.21 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.239 Alternate means to satisfy minimum curriculum content in certain appendices to part 141 of this chapter. | FAA | (a) Flight training minimum curriculum content. Notwithstanding the minimum curriculum requirements in § 141.55(a) of this chapter, a training course for which approval is requested is not required to consist of training on a task specified in an area of operation listed in the applicable appendix to part 141, provided— (1) The training course for which approval is requested is for a powered-lift course; (2) The powered-lift to be used in the course is not capable of performing the task specified in an area of operation listed in the applicable appendix to part 141; and (3) The FAA has issued waiver authority for that task in accordance with § 194.207(b). (b) Cross-country minimum curriculum content. Notwithstanding the minimum curriculum requirements in § 141.55(a) of this chapter, a training course for which approval is requested is not required to meet the minimum curriculum content specified in appendices B, C, and D to part 141, provided— (1) The training course for which approval is requested is for a powered-lift course. (2) The minimum curriculum content that is not met may consist of the training specified in— (i) Appendix B, paragraph 4.(b)(5)(ii)(A); (ii) Appendix B, paragraph 5.(e)(1); (iii) Appendix C, paragraph 4.(c)(3)(ii); (iv) Appendix D, paragraph 4.(b)(5)(ii) and (iii); (v) Appendix D, paragraph 5.(e)(2); or (vi) Appendix M, paragraphs 4.(b)(4)(ii)(A), 4.(b)(4)(iii)(A), and 5.(d)(1). (3) For each provision of training specified in paragraph (b)(2) of this section that is not met, the training course must include an additional cross-country flight consistent with the requirements of §§ 194.233, 194.235, and 194.237. | ||||
| 14:14:3.0.1.6.39.2.3.22 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.241 Alternate qualification requirements for chief instructors, assistant chief instructors, and check instructors. | FAA | (a) Notwithstanding the qualification requirements in §§ 141.35(a)(1), 141.36(a)(1), and 141.37(a)(2)(ii) of this chapter, for a course of training under part 141 of this chapter that uses a powered-lift, a person seeking designation as a chief instructor, an assistant chief instructor, or a check instructor for checks and tests that relate to flight training must meet the following requirements— (1) Hold a commercial pilot certificate or an airline transport pilot certificate with the following ratings— (i) A powered-lift category rating; (ii) A type rating for the powered-lift used in the course; and (iii) An instrument-powered-lift rating or an airline transport pilot certificate with instrument privileges. (2) Hold a current flight instructor certificate with the following ratings— (i) A powered-lift category rating; and (ii) An instrument-powered-lift rating, if an instrument rating is required for the course. (b) Notwithstanding the qualification requirements in § 141.37(a)(3)(ii) of this chapter, for a course of training under part 141 of this chapter that uses a powered-lift, a person seeking designation as a check instructor for checks and tests that relate to ground training must hold a current flight instructor certificate with a powered-lift category rating or a ground instructor rating appropriate for the course. | ||||
| 14:14:3.0.1.6.39.2.3.23 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.243 Pilot certification through completion of training, testing, and checking under part 135 of this chapter. | FAA | (a) Part 135 airman certification training program. (1) Subject to the requirements in subpart H to part 135 of this chapter, a certificate holder under part 119 of this chapter authorized to conduct part 135 operations may obtain approval under § 135.325 of this chapter to establish and implement a training curriculum to satisfy the following: (i) Ground training, flight training, and aeronautical experience requirements in § 61.65 of this chapter and § 194.231 for the addition of an instrument-powered-lift rating to a commercial pilot certificate; (ii) Ground training, flight training, and aeronautical experience requirements in § 61.63(b) of this chapter for the addition of an aircraft category rating to a commercial pilot certificate; and (iii) Ground and flight training requirements in § 61.63(d) of this chapter to add a type rating to a commercial pilot certificate. (2) No certificate holder may use a person, nor may any person serve, as an instructor in a training curriculum approved to meet the requirements of paragraph (a)(1) of this section unless, in addition to being qualified under §§ 135.338 and 135.340 of this chapter, the person holds a flight instructor certificate with a powered-lift category rating and instrument-powered-lift rating issued under part 61 of this chapter. (3) A certificate holder may train a pilot in a training curriculum approved to meet the requirements of paragraph (a)(1) of this section only if the pilot is employed by the certificate holder under part 119 of this chapter and holds at least the certificates and ratings set forth by § 194.215(a). (4) In addition to § 135.327 of this chapter, any curriculum approved under paragraphs (a)(1)(i) through (iii) of this section must include the applicable aeronautical knowledge areas, areas of operation, and flight training required by part 61 of this chapter. If an alternative requirement is provided in this part, that alternative may be used. (b) Part 135 airman certification and checking. (1) A pilot who is employed by … | ||||
| 14:14:3.0.1.6.39.2.3.24 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.245 Pilot qualification and program management requirements to operate powered-lift under subpart K to part 91 of this chapter. | FAA | (a) Section 91.1055(a) of this chapter applies to powered-lift operating under subpart K to part 91. (b) Reference to class of aircraft in § 91.1055(b)(2) of this chapter is inapplicable when a powered-lift is used for the operation under subpart K to part 91. | ||||
| 14:14:3.0.1.6.39.2.3.25 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.247 Pilot qualification requirements to operate powered-lift under part 135 of this chapter. | FAA | (a) Unless otherwise directed in this chapter, powered-lift must continue to comply with rules applicable to aircraft specified in part 135. (b) To comply with § 135.3 of this chapter, each certificate holder that conducts commuter operations under part 135 with powered-lift for which two pilots are required by the type certificate must: (1) Comply with subpart Y to part 121 of this chapter instead of the requirements of subparts G and H to part 135; and (2) Include in initial ground training for pilots in command and upgrade ground training, instruction and facilitated discussion on the following: (i) Leadership and command; and (ii) Mentoring, including techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly hired pilots. (3) Include the training required by paragraph (b)(2)(ii) of this section in recurrent ground training for pilots in command every 36 calendar months. (4) Include in initial flight training for pilots in command and upgrade flight training, sufficient scenario-based training incorporating crew resource management and leadership and command skills, to ensure the pilot's proficiency as pilot in command. (c) In lieu of compliance with the operating experience requirements listed in § 135.244(a)(1) through (4) of this chapter, no certificate holder may use a person, nor may any person serve, as pilot in command of a powered-lift unless that person possesses 20 hours of operating experience in each make and basic model of powered-lift to be flown. (d) To comply with § 135.345 of this chapter, initial, transition, and upgrade ground training for powered-lift pilots must include instruction in § 135.345(b)(6)(iv) of this chapter, as applicable. | ||||
| 14:14:3.0.1.6.39.2.3.26 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.249 References to class in parts 135, 141, and 142 of this chapter. | FAA | (a) References to class of aircraft in §§ 135.4(b)(2), 135.247(a)(1) and (2), and 135.603 of this chapter are inapplicable when a powered-lift is used for the operation under part 135. (b) Notwithstanding the course content contained in the appendices to part 141, references to a class rating or a class of aircraft in those appendices is inapplicable when a powered-lift is used for the course of training. (c) References to class of aircraft in §§ 142.11(d)(2)(ii), 142.49(c)(3)(iii), 142.53(b)(1), and 142.65(b)(1) of this chapter are inapplicable when a powered-lift or flight simulation training device representing a powered-lift is used for the operation under part 142. | ||||
| 14:14:3.0.1.6.39.2.3.27 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.251 Alternate means to satisfy minimum curriculum content in training courses under part 142 of this chapter. | FAA | A training course for which approval is requested is not required to consist of training on a task specified in an area of operation if the powered-lift is not capable of performing the task, provided the FAA has issued waiver authority for that task in accordance with § 194.207(b). | ||||
| 14:14:3.0.1.6.39.2.3.28 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.253 Alternate requirements for powered-lift without fully functional dual controls used in flight training. | FAA | (a) Powered-lift equipped with an instantly accessible single, functioning control. (1) A person may utilize the alternate requirement provided in paragraph (a)(2) of this section only if the applicant holds at least the certificates and ratings set forth by § 194.215(a) and instruction is provided by: (i) An instructor pilot for the manufacturer of the powered-lift under the manufacturer's proposed training curriculum, or (ii) A flight instructor under an approved training curriculum under part 135, 141, or 142 of this chapter, as applicable. (2) Notwithstanding the requirements of §§ 61.195(g) and 91.109(a) of this chapter, a person may operate a powered-lift that is being used for flight training without fully functioning dual controls provided— (i) The powered-lift is equipped with a single functioning flight control that is instantly accessible by both the applicant and the instructor; (ii) The single functioning flight control meets the certification standards for both pilot stations; and (iii) The instructor has determined that the flight can be conducted safely. (b) Full flight simulator training for powered-lift with single functioning controls and a single pilot station. A person may apply for a powered-lift category rating, an instrument-powered-lift rating, and a powered-lift type rating concurrently for a powered-lift with single controls and a single pilot station under an approved part 135, 141, or 142 training program by meeting the requirements set forth in appendix A to this part. (c) Deviation authority. Notwithstanding the requirements of §§ 61.195(g) and 91.109 of this chapter, the Administrator may authorize a deviation to operate a powered-lift that is being used for flight training in an approved training program under part 135, 141, or 142 without fully functioning dual controls provided: (1) The certificate holder demonstrates in a form and manner acceptable to the Administrator that— (i) The person providing the flight training and the PIC observing any applicable superv… | ||||
| 14:14:3.0.1.6.39.2.3.29 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.255 Alternate requirements for powered-lift without fully functioning dual controls used in supervised operating experience when adding a type rating. | FAA | (a) Notwithstanding § 61.64(f) of this chapter, a person who holds a powered-lift category, instrument-powered-lift rating, and powered-lift type rating and seeks an additional type rating for a powered-lift with a single functioning control and a single pilot station in accordance with §§ 61.63(d) and 61.64(a) of this chapter, and does not meet requirements of § 61.64(e), will receive a limitation on the certificate restricting the person operating the powered-lift type from carrying any person or property on the aircraft, other than necessary for the purpose of paragraph (b) of this section. (b) The limitation described in paragraph (a) of this section may be removed from the rating if the person complies with the following: (1) Performs 25 hours of flight time in the type of powered-lift for which the limitation applies under the observation of a fully rated pilot without limitations for the aircraft, maintaining full communication with the observing pilot, (2) Logs each flight and the observing pilot attests in writing to each flight, and (3) Presents evidence of the supervised operating experience to any examiner or Flight Standards office to have the limitation removed. (c) The observing pilot must have unobstructed visual sight of the controls and instrumentation. | ||||
| 14:14:3.0.1.6.39.2.3.3 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.205 Limitations on flight training privileges for holders of airline transport pilot certificates under a part 135 of this chapter approved training program. | FAA | Notwithstanding the privileges in § 61.167(a)(2) of this chapter, a person who holds an airline transport pilot certificate with powered-lift ratings must hold a flight instructor certificate with the appropriate powered-lift ratings to instruct pilots in accordance with a training curriculum approved to meet the requirements of § 194.243(a)(1). | ||||
| 14:14:3.0.1.6.39.2.3.4 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.207 Alternate requirement for practical tests and training in a powered-lift. | FAA | (a) Required equipment for the practical test. Notwithstanding the equipment requirement in § 61.45(b)(1)(ii) of this chapter and the limitation specified in § 61.45(b)(2) of this chapter, an applicant for a certificate or rating may use a powered-lift that is precluded from performing all of the tasks required for the practical test without receiving a limitation on the applicant's certificate or rating, as appropriate. (b) Waiver authority for a practical test conducted in a powered-lift. An Examiner who conducts a practical test in a powered-lift may waive any task for which the FAA has provided waiver authority. (c) Flight training on waived tasks. Notwithstanding the requirements in §§ 61.107(a) and 61.127(a) of this chapter for training to include the areas of operation listed in § 61.107(b)(5) or § 61.127(b)(5) of this chapter, as applicable, an applicant seeking a private pilot certificate or commercial pilot certificate with a powered-lift category rating concurrently with a powered-lift type rating is not required to receive and log flight training on a task specified in an area of operation if the powered-lift is not capable of performing the task, provided the FAA has issued waiver authority for that task in accordance with paragraph (b) of this section. | ||||
| 14:14:3.0.1.6.39.2.3.5 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.209 Additional qualification requirements for certain pilots serving as second-in-command. | FAA | (a) A person who obtains at least a private pilot certificate with a powered-lift category rating by satisfactorily completing the practical test in a powered-lift that is precluded from performing each task required by § 61.43(a)(1) of this chapter may not serve as second-in-command of a powered-lift that is capable of performing the tasks that were waived on the person's practical test until the person has— (1) Received and logged ground and flight training from an authorized instructor on the specific tasks that were waived on the person's practical test; and (2) Received a logbook or training record endorsement from an authorized instructor certifying the person has satisfactorily demonstrated proficiency of those tasks. (b) The training and endorsement required by paragraph (a) of this section are not required if, prior to serving as second-in-command, a person meets one of the following requirements— (1) Successfully completes the practical test for a powered-lift type rating, and the practical test includes each task required by § 61.43(a)(1) of this chapter; or (2) Has received ground and flight training under an approved training program and has satisfactorily completed a competency check under § 135.293 or § 91.1065 of this chapter in a powered-lift, and the approved training and checking include each task that was previously waived in accordance with § 194.207(b). (c) An applicant receiving flight training under § 194.221, § 194.223, § 194.229, or § 194.231 may serve as second-in-command in a powered-lift type certificated for more than one required pilot flight crewmember without meeting the requirements of § 61.55(a)(1), (a)(2), and (b)(2) of this chapter. | ||||
| 14:14:3.0.1.6.39.2.3.6 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.211 Alternate eligibility requirements for a person seeking a powered-lift type rating. | FAA | (a) General applicability. The requirements specified in paragraphs (b) and (c) of this section apply only to persons seeking a type rating in a powered-lift that is capable of performing instrument maneuvers and procedures. (b) Obtaining an initial powered-lift type rating without concurrently obtaining the instrument-powered-lift rating. (1) Notwithstanding the requirement to hold or concurrently obtain an appropriate instrument rating in § 61.63(d)(1) of this chapter, a person who applies for an initial powered-lift type rating to be completed concurrently with a powered-lift category rating may apply for the type rating without holding or concurrently obtaining a powered-lift instrument rating, but the type rating will be limited to “visual flight rules (VFR) only.” (2) Notwithstanding the requirement in § 61.63(d)(4) of this chapter, a person who applies for a powered-lift type rating pursuant to paragraph (b)(1) of this section is not required to perform the type rating practical test in actual or simulated instrument conditions. (3) Except as specified in paragraph (b)(6) of this section, a person who obtains a powered-lift type rating with a “VFR only” limitation pursuant to paragraph (b)(1) of this section must remove the limitation in accordance with paragraph (b)(4) of this section within 2 calendar months from the month in which the person passes the type rating practical test. (4) The “VFR only” limitation may be removed after the person— (i) Passes an instrument rating practical test in a powered-lift in actual or simulated instrument conditions; and (ii) Passes a practical test in the powered-lift type for which the “VFR only” limitation applies on the appropriate areas of operation listed in § 61.157(e)(3) of this chapter that consist of performing instrument maneuvers and procedures in actual or simulated instrument conditions. (5) Except as specified in paragraph (b)(6) of this section, if a person who obtains a powered-lift type rating with a “VFR only” limitation pursuant to paragra… | ||||
| 14:14:3.0.1.6.39.2.3.7 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.213 Alternate endorsement requirements for certain persons seeking a powered-lift rating. | FAA | (a) Notwithstanding the requirements in part 61 of this chapter for an authorized instructor to provide endorsements for certificates and ratings, including endorsements for solo flight, the following persons may provide the required logbook or training record endorsements under part 61 of this chapter and this part for a commercial pilot certificate with a powered-lift category rating, an instrument-powered-lift rating, a powered-lift type rating, or a flight instructor certificate with powered-lift ratings— (1) An instructor pilot, provided the applicant is either— (i) A test pilot or instructor pilot for the manufacturer seeking type certification of an experimental powered-lift; (ii) A person authorized by the Administrator to serve as an initial check pilot, chief instructor, assistant chief instructor, or training center evaluator for the purpose of initiating training in a powered-lift under an approved training program under part 135, 141, or 142 of this chapter, as appropriate; or (iii) An FAA test pilot or aviation safety inspector; or (2) A management official within the manufacturer's organization, provided the applicant is an instructor pilot for the manufacturer of an experimental powered-lift. (b) The endorsements for training time under this section must include a description of the training given, length of training lesson, and the endorsement provider's signature and identifying information, including certificate number and expiration date, if applicable. | ||||
| 14:14:3.0.1.6.39.2.3.8 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.215 Applicability of alternate aeronautical experience and logging requirements for commercial pilot certification and a powered-lift instrument rating. | FAA | (a) The alternate requirements set forth in §§ 194.216 through 194.231 apply only to persons who hold at least a commercial pilot certificate with the following ratings: (1) An airplane category rating with a single-engine or multi-engine class rating and an instrument-airplane rating; or (2) A rotorcraft category rating with a helicopter class rating and an instrument-helicopter rating. (b) If no alternate aeronautical experience or logging requirement is provided under this part, the person must meet the applicable requirements under part 61 of this chapter, as appropriate. | ||||
| 14:14:3.0.1.6.39.2.3.9 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | B | Subpart B—Certification, Training, and Qualification Requirements for Pilots and Flight Instructors | § 194.216 Alternate aeronautical experience: Pilot-in-command flight time in a powered-lift for a commercial pilot certificate with a powered-lift category rating. | FAA | (a) Pilot-in-command flight time in a powered-lift. Notwithstanding the eligibility requirement specified in § 61.123(f) of this chapter, an applicant for a commercial pilot certificate with a powered-lift category rating under § 194.217, § 194.219, § 194.221, or § 194.223 may log 35 hours of pilot-in-command flight time in a powered-lift in lieu of the aeronautical experience requirement of § 61.129(e)(2)(i) of this chapter. (b) Use of full flight simulators. In addition to the permitted credit for use of a full flight simulator in § 61.129(i) of this chapter, an applicant for a commercial pilot certificate with a powered-lift category rating may credit a maximum of 15 hours toward the 35 hours of pilot-in-command flight time requirement in paragraph (a) of this section, provided— (1) The aeronautical experience was obtained performing the duties of pilot-in-command in a Level C or higher full flight simulator that represents the powered-lift category; and (2) The full flight simulator sessions are conducted in accordance with: (i) For test pilots, instructor pilots, FAA test pilots, or FAA aviation safety inspectors under § 194.217 or § 194.219, as applicable, the manufacturer's proposed training curriculum; (ii) For the initial cadre of instructors under § 194.221, the manufacturer's training curriculum; or (iii) For pilots under § 194.223, an approved training program under part 135, 141, or 142 of this chapter. | ||||
| 14:14:3.0.1.6.39.3.3.1 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.301 Applicability. | FAA | Unless otherwise specified by this part, persons operating powered-lift must continue to comply with rules applicable to all aircraft in parts 91, 135, and 136 of this chapter, as applicable to the operation. In addition, any sections or paragraphs within sections under parts 91 and 135 that refer to specific categories of aircraft and that are not referenced in the SFAR table to § 194.302 or § 194.306, do not apply to powered-lift. | ||||
| 14:14:3.0.1.6.39.3.3.10 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.310 Powered-lift in vertical-lift flight mode, flight recorder specifications under part 91 of this chapter. | FAA | Table 1 to § 194.310 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 Percent of full range. | ||||
| 14:14:3.0.1.6.39.3.3.11 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.311 Powered-lift in wing-borne flight mode, flight recorder specifications under part 91 of this chapter. | FAA | Table 1 to § 194.311 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted. 3 Percent of full range. | ||||
| 14:14:3.0.1.6.39.3.3.12 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.312 Powered-lift in vertical-lift flight mode, flight recorder specifications under part 135 of this chapter. | FAA | Table 1 to § 194.312 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 Percent of full range. 3 For all aircraft manufactured on or after December 6, 2010, the sampling interval per second is 4. | ||||
| 14:14:3.0.1.6.39.3.3.13 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.313 Powered-lift in wing-borne flight mode, flight recorder specification under part 135 of this chapter. | FAA | Table 1 to § 194.313 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted. 3 Percent of full range. | ||||
| 14:14:3.0.1.6.39.3.3.2 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.302 Provisions under part 91 of this chapter applicable to powered-lift. | FAA | [Docket FAA-2023-1275, Amdt. 194-1, 89 FR 92489, Nov. 21, 2024; Amdt. 194-1A, 90 FR 216, Jan. 3, 2025] | No person may operate a powered-lift under part 91 of this chapter unless that person complies with the regulations listed in the first column of table 1 to this section, notwithstanding their applicability to airplanes, helicopters, or rotorcraft, subject to the applicability provisions in the second column, and any additional requirements or clarification specified in the third column: Table 1 to § 194.302 | |||
| 14:14:3.0.1.6.39.3.3.3 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.303 IFR takeoff, approach, and landing minimums. | FAA | Section 91.1039(c) of this chapter applies to all powered-lift operated under subpart K to part 91 of this chapter regardless of powerplant type. | ||||
| 14:14:3.0.1.6.39.3.3.4 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.304 ATC transponder and altitude reporting equipment and use. | FAA | Notwithstanding § 194.301, the exceptions outlined in § 91.215(b)(3) and (5) of this chapter for aircraft not certificated with an engine-driven electrical system do not apply to powered-lift. | ||||
| 14:14:3.0.1.6.39.3.3.5 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.305 Applicability of copter procedures under part 97 of this chapter to powered-lift. | FAA | Persons operating powered-lift may use copter procedures as defined in § 97.3 of this chapter if the aircraft is certified for instrument flight rule operations and does not contain a limitation prohibiting use of such procedures in its Aircraft Flight Manual. | ||||
| 14:14:3.0.1.6.39.3.3.6 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.306 Provisions under part 135 of this chapter applicable to powered-lift. | FAA | [Docket FAA-2023-1275, Amdt. 194-1, 89 FR 92489, Nov. 21, 2024; Amdt. 194-1A, 90 FR 219, Jan. 3, 2025] | No person may operate a powered-lift under part 135 of this chapter unless that person complies with the regulations listed in the first column of table 1 to this section, notwithstanding their applicability to airplanes, helicopters, or rotorcraft, subject to the applicability provisions in the second column and any additional requirements or clarification specified in the third column. Table 1 to § 194.306 | |||
| 14:14:3.0.1.6.39.3.3.7 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.307 Applicability of rules for eligible on-demand operations. | FAA | No person may operate a powered-lift in an eligible on-demand operation under part 135 of this chapter without complying with the requirements specified for the second in command of a fixed-wing aircraft contained in § 135.4(a)(3) of this chapter. | ||||
| 14:14:3.0.1.6.39.3.3.8 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.308 Applicability of national air tour safety standards under part 136 of this chapter to powered-lift. | FAA | (a) Persons operating powered-lift in commercial air tours must continue to comply with rules applicable to all aircraft in part 136 of this chapter, as applicable to the operation. (b) Suitable landing area, as defined in § 136.1 of this chapter, applies to powered-lift conducting commercial air tours. (c) Critical change of thrust for purposes of this section means a failure that would most adversely affect the performance or handling qualities of an aircraft. (d) No person may operate a powered-lift in a commercial air tour unless that person complies with the regulations listed in the first column of table 1 to this section, notwithstanding their applicability to airplanes or rotorcraft, subject to the applicability provisions in the second column, and any additional requirements or clarification specified in the third column: Table 1 to § 194.308 | ||||
| 14:14:3.0.1.6.39.3.3.9 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | C | Subpart C—Requirements for Persons Operating Powered-Lift | § 194.309 Applicability of flight instruction; simulated instrument flight. | FAA | The requirement to hold the appropriate category and class rating in § 91.109(c)(1)(i) of this chapter is not applicable to operations conducted to meet alternate aeronautical experience requirements set forth in §§ 194.225, 194.227, and 194.229. | ||||
| 14:14:3.0.1.6.39.4.3.1 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | D | Subpart D—Maintenance, Preventive Maintenance, Rebuilding, and Alteration Requirements for Powered-Lift Under Part 43 of This Chapter | § 194.401 Applicability. | FAA | Unless otherwise specified by this part, powered-lift must continue to comply with rules applicable to all aircraft in part 43 of this chapter. | ||||
| 14:14:3.0.1.6.39.4.3.2 | 14 | Aeronautics and Space | I | L | 194 | PART 194—SPECIAL FEDERAL AVIATION REGULATION NO. 120—POWERED-LIFT: PILOT CERTIFICATION AND TRAINING; OPERATIONS REQUIREMENTS | D | Subpart D—Maintenance, Preventive Maintenance, Rebuilding, and Alteration Requirements for Powered-Lift Under Part 43 of This Chapter | § 194.402 Maintenance provisions. | FAA | The following maintenance provisions under part 43 of this chapter that pertain to rotorcraft also apply to powered-lift: (a) Section 43.3(h) of this chapter applies to certificate holders operating powered-lift under part 135 of this chapter in a remote area; and (b) In lieu of complying with § 43.15(b) of this chapter, each person performing an inspection required by part 91 of this chapter on a powered-lift shall inspect critical parts in accordance with the maintenance manual or Instruction for Continuous Airworthiness, or as otherwise approved by the Administrator. (1) A “critical part” has the same meaning as provided in §§ 27.602 and 29.602 of this chapter. (2) [Reserved] | ||||
| 40:40:27.0.1.1.4.1.5.1 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.1 Purpose, scope, and applicability. | EPA | This part specifies criteria for the certification or any re-certification, or subsequent actions relating to the terms or conditions of certification of the Department of Energy's Waste Isolation Pilot Plant's compliance with the disposal regulations found at part 191 of this chapter and pursuant to section 8(d)(1) and section 8(f), respectively, of the WIPP LWA. The compliance certification application submitted pursuant to section 8(d)(1) of the WIPP LWA and any compliance re-certification application submitted pursuant to section 8(f) of the WIPP LWA shall comply with the requirements of this part. | ||||
| 40:40:27.0.1.1.4.1.5.2 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.2 Definitions. | EPA | [61 FR 5235, Feb. 9, 1996, as amended at 63 FR 27404, May 18, 1998; 69 FR 42580, July 16, 2004] | Unless otherwise indicated in this part, all terms have the same meaning as in part 191 of this chapter. Acceptable knowledge means any information about the process used to generate waste, material inputs to the process, and the time period during which the waste was generated, as well as data resulting from the analysis of waste, conducted prior to or separate from the waste certification process authorized by EPA's Certification Decision, to show compliance with Condition 3 of the certification decision (appendix A of this part). Administrator's authorized representative means the director in charge of radiation programs at the Agency. Certification means any action taken by the Administrator pursuant to section 8(d)(1) of the WIPP LWA. Compliance application(s) means the compliance certification application submitted to the Administrator pursuant to section 8(d)(1) of the WIPP LWA or any compliance re-certification applications submitted to the Administrator pursuant to section 8(f) of the WIPP LWA. Compliance assessment(s) means the analysis conducted to determine compliance with § 191.15, and part 191, subpart C of this chapter. Delaware Basin means those surface and subsurface features which lie inside the boundary formed to the north, east and west of the disposal system by the innermost edge of the Capitan Reef, and formed, to the south, by a straight line drawn from the southeastern point of the Davis Mountains to the most southwestern point of the Glass Mountains. Deep drilling means those drilling events in the Delaware Basin that reach or exceed a depth of 2,150 feet below the surface relative to where such drilling occurred. Department means the United States Department of Energy. Disposal regulations means part 191, subparts B and C of this chapter. Management systems review means the qualitative assessment of a data collection operation or organization(s) to establish whether the prevailing quality management structure, policies, practices, and procedures are adequate to ensure… | |||
| 40:40:27.0.1.1.4.1.5.3 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.3 Communications. | EPA | (a) Compliance application(s) shall be: (1) Addressed to the Administrator; and (2) Signed by the Secretary. (b) Communications and reports concerning the criteria in this part shall be: (1) Addressed to the Administrator or the Administrator's authorized representative; and (2) Signed by the Secretary or the Secretary's authorized representative. | ||||
| 40:40:27.0.1.1.4.1.5.4 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.4 Conditions of compliance certification. | EPA | (a) Any certification of compliance issued pursuant to section 8(d)(1) of the WIPP LWA may include such conditions as the Administrator finds necessary to support such certification. (b) Whether stated therein or not, the following conditions shall apply in any such certification: (1) The certification shall be subject to modification, suspension or revocation by the Administrator. Any suspension of the certification shall be done at the discretion of the Administrator. Any modification or revocation of the certification shall be done by rule pursuant to 5 U.S.C. 553. If the Administrator revokes the certification, the Department shall retrieve, as soon as practicable and to the extent practicable, any waste emplaced in the disposal system. (2) Any time after the Administrator issues a certification, the Administrator or the Administrator's authorized representative may submit a written request to the Department for information to enable the Administrator to determine whether the certification should be modified, suspended or revoked. Unless otherwise specified by the Administrator or the Administrator's authorized representative, the Department shall submit such information to the Administrator or the Administrator's authorized representative within 30 calendar days of receipt of the request. (3) Any time after the Administrator issues a certification, the Department shall report any planned or unplanned changes in activities or conditions pertaining to the disposal system that differ significantly from the most recent compliance application. (i) The Department shall inform the Administrator, in writing, prior to making such a planned change in activity or disposal system condition. (ii) In the event of an unplanned change in activity or condition, the Department shall immediately cease emplacement of waste in the disposal system if the Department determines that one or more of the following conditions is true: (A) The containment requirements established pursuant to § 191.13 of this chapter have been or … | ||||
| 40:40:27.0.1.1.4.1.5.5 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.5 Publications incorporated by reference. | EPA | [61 FR 5235, Feb. 9, 1996, as amended at 65 FR 47325, Aug. 2, 2000; 69 FR 18803, Apr. 9, 2004] | (a) The following publications are incorporated into this part by reference: (1) U.S. Nuclear Regulatory Commission, NUREG-1297 “Peer Review for High-Level Nuclear Waste Repositories,” published February 1988; incorporation by reference (IBR) approved for §§ 194.22, 194.23 and 194.27. (2) American Society of Mechanical Engineers (ASME) Nuclear Quality Assurance (NQA) Standard, NQA-1-1989 edition, “Quality Assurance Program Requirements for Nuclear Facilities;” IBR approved for § 194.22. (3) ASME NQA-2a-1990 addenda, part 2.7, to ASME NQA-2-1989 edition “Quality Assurance Requirements for Nuclear Facility Applications;” IBR approved for § 194.22 and § 194.23. (4) ASME NQA-3-1989 edition, “Quality Assurance Program Requirements for the Collection of Scientific and Technical Information for Site Characterization of High-Level Nuclear Waste Repositories” (excluding section 2.1 (b) and (c)); IBR approved for § 194.22. (b) The publications listed in paragraph (a) of this section were approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected or obtained from the Air Docket, Docket No. A-92-56, room M1500 (LE131), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, or copies may be inspected 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. or copies may be obtained from the following addresses: (1) For ASME standards, contact American Society of Mechanical Engineers, 22 Law Drive, P.O. Box 2900, Fairfield, NJ 07007-2900, phone 1-800-843-2763. (2) For Nuclear Regulatory Commission documents, contact Division of Information Support Services, Distribution Service, U.S. Nuclear Regulatory Commission, Washington, DC 20555, or contact National Technical Information Service, 5285 Port Royal Road, … | |||
| 40:40:27.0.1.1.4.1.5.6 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.6 Alternative provisions. | EPA | [69 FR 42581, July 16, 2004] | The Administrator may, by rule pursuant to 5 U.S.C. 553, substitute for any of the provisions of this part alternative provisions, or minor alternative provisions, in accordance with the following procedures: (a) Alternative provisions may be substituted after: (1) Alternative provisions have been proposed for public comment in the Federal Register together with information describing how the alternative provisions comport with the disposal regulations, the reasons why the existing provisions of this part appear inappropriate, and the costs, risks and benefits of compliance in accordance with the alternative provisions; (2) A public comment period of at least 120 days has been completed and public hearings have been held in New Mexico; (3) The public comments received have been fully considered; and (4) A notice of final rulemaking is published in the Federal Register. (b) Minor alternative provisions may be substituted after: (1) The minor alternative provisions have been proposed for public comment in the Federal Register together with information describing how they comport with the disposal regulations, the reasons why the existing provisions of this part appear inappropriate, and the benefit of compliance in accordance with the minor alternative provision; (2) A public comment period of at least 30 days has been completed for the minor alternative provisions and the public comments received have been fully considered; (3) A notice of final rulemaking is published in the Federal Register for the minor alternative provisions. | |||
| 40:40:27.0.1.1.4.1.5.7 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.7 Effective date. | EPA | The criteria in this part shall be effective on April 9, 1996. The incorporation by reference of certain publications listed in the criteria is approved by the Director of the Federal Register as of April 9, 1996. | ||||
| 40:40:27.0.1.1.4.1.5.8 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | A | Subpart A—General Provisions | § 194.8 Approval process for waste shipment from waste generator sites for disposal at the WIPP. | EPA | [63 FR 27404, May 18, 1998, as amended at 69 FR 42581, July 16, 2004] | (a) Quality Assurance Programs at Waste Generator Sites. The Agency will determine compliance with requirements for site-specific quality assurance programs as set forth below: (1) Upon submission by the Department of a site-specific quality assurance program plan the Agency will evaluate the plan to determine whether it establishes the applicable Nuclear Quality Assurance (NQA) requirements of § 194.22(a)(1) for the items and activities of §§ 194.22(a)(2)(i), 194.24(c)(3) and 194.24(c)(5). The program plan and other documentation submitted by the Department will be placed in the dockets described in § 194.67. (2) The Agency will conduct a quality assurance audit or an inspection of a Department quality assurance audit at the relevant site for the purpose of verifying proper execution of the site-specific quality assurance program plan. The Agency will publish a notice in the Federal Register announcing a scheduled inspection or audit. In that or another notice, the Agency will also solicit public comment on the quality assurance program plan and appropriate Department documentation described in paragraph (a)(1) of this section. A public comment period of at least 30 days will be allowed. (3) The Agency's written decision regarding compliance with the requisite quality assurance requirements at a waste generator site will be conveyed in a letter from the Administrator's authorized representative to the Department. No such compliance determination shall be granted until after the end of the public comment period described in paragraph (a)(2) of this section. A copy of the Agency's compliance determination letter will be placed in the public dockets in accordance with § 194.67. The results of any inspections or audits conducted by the Agency to evaluate the quality assurance programs described in paragraph (a)(1) of this section will also be placed in the dockets described in § 194.67. (4) Subsequent to any positive determination of compliance as described in paragraph (a)(3) of this section, the Agency int… | |||
| 40:40:27.0.1.1.4.2.5.1 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | B | Subpart B—Compliance Certification and Re-certification Applications | § 194.11 Completeness and accuracy of compliance applications. | EPA | Information provided to the Administrator in support of any compliance application shall be complete and accurate. The Administrator's evaluation for certification pursuant to section 8(d)(1)(B) of the WIPP LWA and evaluation for recertification pursuant to section 8(f)(2) of the WIPP LWA shall not begin until the Administrator has notified the Secretary, in writing, that a complete application in accordance with this part has been received. | ||||
| 40:40:27.0.1.1.4.2.5.2 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | B | Subpart B—Compliance Certification and Re-certification Applications | § 194.12 Submission of compliance applications. | EPA | [69 FR 42582, July 16, 2004] | Unless otherwise specified by the Administrator or the Administrator's authorized representative, 5 copies of any compliance application(s), any accompanying materials, and any amendments thereto shall be submitted in a printed form to the Administrator's authorized representative. These paper copies are intended for the official docket in Washington, DC, as well as the four informational dockets in Albuquerque and Santa Fe, New Mexico. In addition, DOE shall submit 10 copies of the complete application in alternative format (e.g., compact disk) or other approved format, as specified by the Administrator's authorized representative. | |||
| 40:40:27.0.1.1.4.2.5.3 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | B | Subpart B—Compliance Certification and Re-certification Applications | § 194.13 Submission of reference materials. | EPA | [69 FR 42582, July 16, 2004] | Information may be included by reference into compliance applications(s), provided that the references are clear specific and that unless, otherwise specified by the Administrator or the Administrator's authorized representative, 5 copies of reference information are submitted to the Administrator's authorized representative. These paper copies are intended for the official docket in Washington, DC, as well as the four informational dockets in Albuquerque and Santa Fe, New Mexico. Reference materials that are widely available in standard text books or reference books need not to be submitted. Whenever possible, DOE shall submit 10 copies of reference materials in alternative format (e.g., compact disk) or other approved format, as specified by the Administrator's authorized representative. | |||
| 40:40:27.0.1.1.4.2.5.4 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | B | Subpart B—Compliance Certification and Re-certification Applications | § 194.14 Content of compliance certification application. | EPA | Any compliance application shall include: (a) A current description of the natural and engineered features that may affect the performance of the disposal system. The description of the disposal system shall include, at a minimum, the following information: (1) The location of the disposal system and the controlled area; (2) A description of the geology, geophysics, hydrogeology, hydrology, and geochemistry of the disposal system and its vicinity and how these conditions are expected to change and interact over the regulatory time frame. Such description shall include, at a minimum: (i) Existing fluids and fluid hydraulic potential, including brine pockets, in and near the disposal system; and (ii) Existing higher permeability anhydrite interbeds located at or near the horizon of the waste. (3) The presence and characteristics of potential pathways for transport of waste from the disposal system to the accessible environment including, but not limited to: Existing boreholes, solution features, breccia pipes, and other potentially permeable features, such as interbeds. (4) The projected geophysical, hydrogeologic and geochemical conditions of the disposal system due to the presence of waste including, but not limited to, the effects of production of heat or gases from the waste. (b) A description of the design of the disposal system including: (1) Information on materials of construction including, but not limited to: Geologic media, structural materials, engineered barriers, general arrangement, and approximate dimensions; and (2) Computer codes and standards that have been applied to the design and construction of the disposal system. (c) Results of assessments conducted pursuant to this part. (d) A description of input parameters associated with assessments conducted pursuant to this part and the basis for selecting those input parameters. (e) Documentation of measures taken to meet the assurance requirements of this part. (f) A description of waste acceptance criteria and actions taken to assure … | ||||
| 40:40:27.0.1.1.4.2.5.5 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | B | Subpart B—Compliance Certification and Re-certification Applications | § 194.15 Content of compliance re-certification application(s). | EPA | (a) In submitting documentation of continued compliance pursuant to section 8(f) of the WIPP LWA, the previous compliance application shall be updated to provide sufficient information for the Administrator to determine whether or not the WIPP continues to be in compliance with the disposal regulations. Updated documentation shall include: (1) All additional geologic, geophysical, geochemical, hydrologic, and meteorologic information; (2) All additional monitoring data, analyses and results; (3) All additional analyses and results of laboratory experiments conducted by the Department or its contractors as part of the WIPP program; (4) An identification of any activities or assumptions that deviate from the most recent compliance application; (5) A description of all waste emplaced in the disposal system since the most recent compliance certification or re-certification application. Such description shall consist of a description of the waste characteristics and waste components identified in §§ 194.24(b)(1) and 194.24(b)(2); (6) Any significant information not previously included in a compliance certification or re-certification application related to whether the disposal system continues to be in compliance with the disposal regulations; and (7) Any additional information requested by the Administrator or the Administrator's authorized representative. (b) To the extent that information required for a re-certification of compliance remains valid and has been submitted in previous certification or re-certification application(s), such information need not be duplicated in subsequent applications; such information may be summarized and referenced. | ||||
| 40:40:27.0.1.1.4.3.5.1 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.21 Inspections. | EPA | (a) The Administrator or the Administrator's authorized representative(s) shall, at any time: (1) Be afforded unfettered and unannounced access to inspect any area of the WIPP, and any locations performing activities that provide information relevant to compliance application(s), to which the Department has rights of access. Such access shall be equivalent to access afforded Department employees upon presentation of credentials and other required documents. (2) Be allowed to obtain samples, including split samples, and to monitor and measure aspects of the disposal system and the waste proposed for disposal in the disposal system. (b) Records (including data and other information in any form) kept by the Department pertaining to the WIPP shall be made available to the Administrator or the Administrator's authorized representative upon request. If requested records are not immediately available, they shall be delivered within 30 calendar days of the request. (c) The Department shall, upon request by the Administrator or the Administrator's authorized representative, provide permanent, private office space that is accessible to the disposal system. The office space shall be for the exclusive use of the Administrator or the Administrator's authorized representative(s). (d) The Administrator or the Administrator's authorized representative(s) shall comply with applicable access control measures for security, radiological protection, and personal safety when conducting activities pursuant to this section. | ||||
| 40:40:27.0.1.1.4.3.5.2 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.22 Quality assurance. | EPA | (a)(1) As soon as practicable after April 9, 1996, the Department shall adhere to a quality assurance program that implements the requirements of ASME NQA-1-1989 edition, ASME NQA-2a-1990 addenda, part 2.7, to ASME NQA-2-1989 edition, and ASME NQA-3-1989 edition (excluding Section 2.1 (b) and (c), and Section 17.1). (Incorporation by reference as specified in § 194.5.) (2) Any compliance application shall include information which demonstrates that the quality assurance program required pursuant to paragraph (a)(1) of this section has been established and executed for: (i) Waste characterization activities and assumptions; (ii) Environmental monitoring, monitoring of the performance of the disposal system, and sampling and analysis activities; (iii) Field measurements of geologic factors, ground water, meteorologic, and topographic characteristics; (iv) Computations, computer codes, models and methods used to demonstrate compliance with the disposal regulations in accordance with the provisions of this part; (v) Procedures for implementation of expert judgment elicitation used to support applications for certification or re-certification of compliance; (vi) Design of the disposal system and actions taken to ensure compliance with design specifications; (vii) The collection of data and information used to support compliance application(s); and (viii) Other systems, structures, components, and activities important to the containment of waste in the disposal system. (b) Any compliance application shall include information which demonstrates that data and information collected prior to the implementation of the quality assurance program required pursuant to paragraph (a)(1) of this section have been qualified in accordance with an alternate methodology, approved by the Administrator or the Administrator's authorized representative, that employs one or more of the following methods: Peer review, conducted in a manner that is compatible with NUREG-1297, “Peer Review for High-Level Nuclear Waste Repositories,”… | ||||
| 40:40:27.0.1.1.4.3.5.3 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.23 Models and computer codes. | EPA | (a) Any compliance application shall include: (1) A description of the conceptual models and scenario construction used to support any compliance application. (2) A description of plausible, alternative conceptual model(s) seriously considered but not used to support such application, and an explanation of the reason(s) why such model(s) was not deemed to accurately portray performance of the disposal system. (3) Documentation that: (i) Conceptual models and scenarios reasonably represent possible future states of the disposal system; (ii) Mathematical models incorporate equations and boundary conditions which reasonably represent the mathematical formulation of the conceptual models; (iii) Numerical models provide numerical schemes which enable the mathematical models to obtain stable solutions; (iv) Computer models accurately implement the numerical models; i.e., computer codes are free of coding errors and produce stable solutions; (v) Conceptual models have undergone peer review according to § 194.27. (b) Computer codes used to support any compliance application shall be documented in a manner that complies with the requirements of ASME NQA-2a-1990 addenda, part 2.7, to ASME NQA-2-1989 edition. (Incorporation by reference as specified in § 194.5.) (c) Documentation of all models and computer codes included as part of any compliance application performance assessment calculation shall be provided. Such documentation shall include, but shall not be limited to: (1) Descriptions of the theoretical backgrounds of each model and the method of analysis or assessment; (2) General descriptions of the models; discussions of the limits of applicability of each model; detailed instructions for executing the computer codes, including hardware and software requirements, input and output formats with explanations of each input and output variable and parameter (e.g., parameter name and units); listings of input and output files from a sample computer run; and reports on code verification, benchmarking, validatio… | ||||
| 40:40:27.0.1.1.4.3.5.4 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.24 Waste characterization. | EPA | [61 FR 5235, Feb. 9, 1996, as amended at 69 FR 42583, July 16, 2004] | (a) Any compliance application shall describe the chemical, radiological and physical composition of all existing waste proposed for disposal in the disposal system. To the extent practicable, any compliance application shall also describe the chemical, radiological and physical composition of to-be-generated waste proposed for disposal in the disposal system. These descriptions shall include a list of waste components and their approximate quantities in the waste. This list may be derived from process knowledge, current non-destructive examination/assay, or other information and methods. (b) The Department shall submit in the compliance certification application the results of an analysis which substantiates: (1) That all waste characteristics influencing containment of waste in the disposal system have been identified and assessed for their impact on disposal system performance. The characteristics to be analyzed shall include, but shall not be limited to: Solubility; formation of colloidal suspensions containing radionuclides; production of gas from the waste; shear strength; compactability; and other waste-related inputs into the computer models that are used in the performance assessment. (2) That all waste components influencing the waste characteristics identified in paragraph (b)(1) of this section have been identified and assessed for their impact on disposal system performance. The components to be analyzed shall include, but shall not be limited to: metals; cellulosics; chelating agents; water and other liquids; and activity in curies of each isotope of the radionuclides present. (3) Any decision to exclude consideration of any waste characteristic or waste component because such characteristic or component is not expected to significantly influence the containment of the waste in the disposal system. (c) For each waste component identified and assessed pursuant to paragraph (b) of this section, the Department shall specify the limiting value (expressed as an upper or lower limit of mass, volume, … | |||
| 40:40:27.0.1.1.4.3.5.5 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.25 Future state assumptions. | EPA | (a) Unless otherwise specified in this part or in the disposal regulations, performance assessments and compliance assessments conducted pursuant the provisions of this part to demonstrate compliance with § 191.13, § 191.15 and part 191, subpart C shall assume that characteristics of the future remain what they are at the time the compliance application is prepared, provided that such characteristics are not related to hydrogeologic, geologic or climatic conditions. (b) In considering future states pursuant to this section, the Department shall document in any compliance application, to the extent practicable, effects of potential future hydrogeologic, geologic and climatic conditions on the disposal system over the regulatory time frame. Such documentation shall be part of the activities undertaken pursuant to § 194.14, Content of compliance certification application; § 194.32, Scope of performance assessments; and § 194.54, Scope of compliance assessments. (1) In considering the effects of hydrogeologic conditions on the disposal system, the Department shall document in any compliance application, to the extent practicable, the effects of potential changes to hydrogeologic conditions. (2) In considering the effects of geologic conditions on the disposal system, the Department shall document in any compliance application, to the extent practicable, the effects of potential changes to geologic conditions, including, but not limited to: Dissolution; near surface geomorphic features and processes; and related subsidence in the geologic units of the disposal system. (3) In considering the effects of climatic conditions on the disposal system, the Department shall document in any compliance application, to the extent practicable, the effects of potential changes to future climate cycles of increased precipitation (as compared to present conditions). | ||||
| 40:40:27.0.1.1.4.3.5.6 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.26 Expert judgment. | EPA | (a) Expert judgment, by an individual expert or panel of experts, may be used to support any compliance application, provided that expert judgment does not substitute for information that could reasonably be obtained through data collection or experimentation. (b) Any compliance application shall: (1) Identify any expert judgments used to support the application and shall identify experts (by name and employer) involved in any expert judgment elicitation processes used to support the application. (2) Describe the process of eliciting expert judgment, and document the results of expert judgment elicitation processes and the reasoning behind those results. Documentation of interviews used to elicit judgments from experts, the questions or issues presented for elicitation of expert judgment, background information provided to experts, and deliberations and formal interactions among experts shall be provided. The opinions of all experts involved in each elicitation process shall be provided whether the opinions are used to support compliance applications or not. (3) Provide documentation that the following restrictions and guidelines have been applied to any selection of individuals used to elicit expert judgments: (i) Individuals who are members of the team of investigators requesting the judgment or the team of investigators who will use the judgment were not selected; and (ii) Individuals who maintain, at any organizational level, a supervisory role or who are supervised by those who will utilize the judgment were not selected. (4) Provide information which demonstrates that: (i) The expertise of any individual involved in expert judgment elicitation comports with the level of knowledge required by the questions or issues presented to that individual; and (ii) The expertise of any expert panel, as a whole, involved in expert judgment elicitation comports with the level and variety of knowledge required by the questions or issues presented to that panel. (5) Explain the relationship among the information … | ||||
| 40:40:27.0.1.1.4.3.5.7 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.27 Peer review. | EPA | (a) Any compliance application shall include documentation of peer review that has been conducted, in a manner required by this section, for: (1) Conceptual models selected and developed by the Department; (2) Waste characterization analyses as required in § 194.24(b); and (3) Engineered barrier evaluation as required in § 194.44. (b) Peer review processes required in paragraph (a) of this section, and conducted subsequent to the promulgation of this part, shall be conducted in a manner that is compatible with NUREG-1297, “Peer Review for High-Level Nuclear Waste Repositories,” published February 1988. (Incorporation by reference as specified in § 194.5.) (c) Any compliance application shall: (1) Include information that demonstrates that peer review processes required in paragraph (a) of this section, and conducted prior to the implementation of the promulgation of this part, were conducted in accordance with an alternate process substantially equivalent in effect to NUREG-1297 and approved by the Administrator or the Administrator's authorized representative; and (2) Document any peer review processes conducted in addition to those required pursuant to paragraph (a) of this section. Such documentation shall include formal requests, from the Department to outside review groups or individuals, to review or comment on any information used to support compliance applications, and the responses from such groups or individuals. | ||||
| 40:40:27.0.1.1.4.3.6.10 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.33 Consideration of drilling events in performance assessments. | EPA | (a) Performance assessments shall examine deep drilling and shallow drilling that may potentially affect the disposal system during the regulatory time frame. (b) The following assumptions and process shall be used in assessing the likelihood and consequences of drilling events, and the results of such process shall be documented in any compliance application: (1) Inadvertent and intermittent intrusion by drilling for resources (other than those resources provided by the waste in the disposal system or engineered barriers designed to isolate such waste) is the most severe human intrusion scenario. (2) In performance assessments, drilling events shall be assumed to occur in the Delaware Basin at random intervals in time and space during the regulatory time frame. (3) The frequency of deep drilling shall be calculated in the following manner: (i) Identify deep drilling that has occurred for each resource in the Delaware Basin over the past 100 years prior to the time at which a compliance application is prepared. (ii) The total rate of deep drilling shall be the sum of the rates of deep drilling for each resource. (4) The frequency of shallow drilling shall be calculated in the following manner: (i) Identify shallow drilling that has occurred for each resource in the Delaware Basin over the past 100 years prior to the time at which a compliance application is prepared. (ii) The total rate of shallow drilling shall be the sum of the rates of shallow drilling for each resource. (iii) In considering the historical rate of all shallow drilling, the Department may, if justified, consider only the historical rate of shallow drilling for resources of similar type and quality to those in the controlled area. (c) Performance assessments shall document that in analyzing the consequences of drilling events, the Department assumed that: (1) Future drilling practices and technology will remain consistent with practices in the Delaware Basin at the time a compliance application is prepared. Such future drilling pract… | ||||
| 40:40:27.0.1.1.4.3.6.11 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.34 Results of performance assessments. | EPA | (a) The results of performance assessments shall be assembled into “complementary, cumulative distribution functions” (CCDFs) that represent the probability of exceeding various levels of cumulative release caused by all significant processes and events. (b) Probability distributions for uncertain disposal system parameter values used in performance assessments shall be developed and documented in any compliance application. (c) Computational techniques, which draw random samples from across the entire range of the probability distributions developed pursuant to paragraph (b) of this section, shall be used in generating CCDFs and shall be documented in any compliance application. (d) The number of CCDFs generated shall be large enough such that, at cumulative releases of 1 and 10, the maximum CCDF generated exceeds the 99th percentile of the population of CCDFs with at least a 0.95 probability. Values of cumulative release shall be calculated according to Note 6 of Table 1, appendix A of part 191 of this chapter. (e) Any compliance application shall display the full range of CCDFs generated. (f) Any compliance application shall provide information which demonstrates that there is at least a 95 percent level of statistical confidence that the mean of the population of CCDFs meets the containment requirements of § 191.13 of this chapter. | ||||
| 40:40:27.0.1.1.4.3.6.8 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.31 Application of release limits. | EPA | The release limits shall be calculated according to part 191, appendix A of this chapter, using the total activity, in curies, that will exist in the disposal system at the time of disposal. | ||||
| 40:40:27.0.1.1.4.3.6.9 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.32 Scope of performance assessments. | EPA | (a) Performance assessments shall consider natural processes and events, mining, deep drilling, and shallow drilling that may affect the disposal system during the regulatory time frame. (b) Assessments of mining effects may be limited to changes in the hydraulic conductivity of the hydrogeologic units of the disposal system from excavation mining for natural resources. Mining shall be assumed to occur with a one in 100 probability in each century of the regulatory time frame. Performance assessments shall assume that mineral deposits of those resources, similar in quality and type to those resources currently extracted from the Delaware Basin, will be completely removed from the controlled area during the century in which such mining is randomly calculated to occur. Complete removal of such mineral resources shall be assumed to occur only once during the regulatory time frame. (c) Performance assessments shall include an analysis of the effects on the disposal system of any activities that occur in the vicinity of the disposal system prior to disposal and are expected to occur in the vicinity of the disposal system soon after disposal. Such activities shall include, but shall not be limited to, existing boreholes and the development of any existing leases that can be reasonably expected to be developed in the near future, including boreholes and leases that may be used for fluid injection activities. (d) Performance assessments need not consider processes and events that have less than one chance in 10,000 of occurring over 10,000 years. (e) Any compliance application(s) shall include information which: (1) Identifies all potential processes, events or sequences and combinations of processes and events that may occur during the regulatory time frame and may affect the disposal system; (2) Identifies the processes, events or sequences and combinations of processes and events included in performance assessments; and (3) Documents why any processes, events or sequences and combinations of processes and event… | ||||
| 40:40:27.0.1.1.4.3.7.12 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.41 Active institutional controls. | EPA | (a) Any compliance application shall include detailed descriptions of proposed active institutional controls, the controls' location, and the period of time the controls are proposed to remain active. Assumptions pertaining to active institutional controls and their effectiveness in terms of preventing or reducing radionuclide releases shall be supported by such descriptions. (b) Performance assessments shall not consider any contributions from active institutional controls for more than 100 years after disposal. | ||||
| 40:40:27.0.1.1.4.3.7.13 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.42 Monitoring. | EPA | (a) The Department shall conduct an analysis of the effects of disposal system parameters on the containment of waste in the disposal system and shall include the results of such analysis in any compliance application. The results of the analysis shall be used in developing plans for pre-closure and post-closure monitoring required pursuant to paragraphs (c) and (d) of this section. The disposal system parameters analyzed shall include, at a minimum: (1) Properties of backfilled material, including porosity, permeability, and degree of compaction and reconsolidation; (2) Stresses and extent of deformation of the surrounding roof, walls, and floor of the waste disposal room; (3) Initiation or displacement of major brittle deformation features in the roof or surrounding rock; (4) Ground water flow and other effects of human intrusion in the vicinity of the disposal system; (5) Brine quantity, flux, composition, and spatial distribution; (6) Gas quantity and composition; and (7) Temperature distribution. (b) For all disposal system parameters analyzed pursuant to paragraph (a) of this section, any compliance application shall document and substantiate the decision not to monitor a particular disposal system parameter because that parameter is considered to be insignificant to the containment of waste in the disposal system or to the verification of predictions about the future performance of the disposal system. (c) Pre-closure monitoring. To the extent practicable, pre-closure monitoring shall be conducted of significant disposal system parameter(s) as identified by the analysis conducted pursuant to paragraph (a) of this section. A disposal system parameter shall be considered significant if it affects the system's ability to contain waste or the ability to verify predictions about the future performance of the disposal system. Such monitoring shall begin as soon as practicable; however, in no case shall waste be emplaced in the disposal system prior to the implementation of pre-closure monitoring. Pre-cl… | ||||
| 40:40:27.0.1.1.4.3.7.14 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.43 Passive institutional controls. | EPA | (a) Any compliance application shall include detailed descriptions of the measures that will be employed to preserve knowledge about the location, design, and contents of the disposal system. Such measures shall include: (1) Identification of the controlled area by markers that have been designed and will be fabricated and emplaced to be as permanent as practicable; (2) Placement of records in the archives and land record systems of local, State, and Federal governments, and international archives, that would likely be consulted by individuals in search of unexploited resources. Such records shall identify: (i) The location of the controlled area and the disposal system; (ii) The design of the disposal system; (iii) The nature and hazard of the waste; (iv) Geologic, geochemical, hydrologic, and other site data pertinent to the containment of waste in the disposal system, or the location of such information; and (v) The results of tests, experiments, and other analyses relating to backfill of excavated areas, shaft sealing, waste interaction with the disposal system, and other tests, experiments, or analyses pertinent to the containment of waste in the disposal system, or the location of such information. (3) Other passive institutional controls practicable to indicate the dangers of the waste and its location. (b) Any compliance application shall include the period of time passive institutional controls are expected to endure and be understood. (c) The Administrator may allow the Department to assume passive institutional control credit, in the form of reduced likelihood of human intrusion, if the Department demonstrates in the compliance application that such credit is justified because the passive institutional controls are expected to endure and be understood by potential intruders for the time period approved by the Administrator. Such credit, or a smaller credit as determined by the Administrator, cannot be used for more than several hundred years and may decrease over time. In no case, however, sh… | ||||
| 40:40:27.0.1.1.4.3.7.15 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.44 Engineered barriers. | EPA | (a) Disposal systems shall incorporate engineered barrier(s) designed to prevent or substantially delay the movement of water or radionuclides toward the accessible environment. (b) In selecting any engineered barrier(s) for the disposal system, the Department shall evaluate the benefit and detriment of engineered barrier alternatives, including but not limited to: Cementation, shredding, supercompaction, incineration, vitrification, improved waste canisters, grout and bentonite backfill, melting of metals, alternative configurations of waste placements in the disposal system, and alternative disposal system dimensions. The results of this evaluation shall be included in any compliance application and shall be used to justify the selection and rejection of each engineered barrier evaluated. (c)(1) In conducting the evaluation of engineered barrier alternatives, the following shall be considered, to the extent practicable: (i) The ability of the engineered barrier to prevent or substantially delay the movement of water or waste toward the accessible environment; (ii) The impact on worker exposure to radiation both during and after incorporation of engineered barriers; (iii) The increased ease or difficulty of removing the waste from the disposal system; (iv) The increased or reduced risk of transporting the waste to the disposal system; (v) The increased or reduced uncertainty in compliance assessment; (vi) Public comments requesting specific engineered barriers; (vii) The increased or reduced total system costs; (viii) The impact, if any, on other waste disposal programs from the incorporation of engineered barriers (e.g., the extent to which the incorporation of engineered barriers affects the volume of waste); (ix) The effects on mitigating the consequences of human intrusion. (2) If, after consideration of one or more of the factors in paragraph (c)(1) of this section, the Department concludes that an engineered barrier considered within the scope of the evaluation should be rejected without evalua… | ||||
| 40:40:27.0.1.1.4.3.7.16 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.45 Consideration of the presence of resources. | EPA | Any compliance application shall include information that demonstrates that the favorable characteristics of the disposal system compensate for the presence of resources in the vicinity of the disposal system and the likelihood of the disposal system being disturbed as a result of the presence of those resources. If performance assessments predict that the disposal system meets the containment requirements of § 191.13 of this chapter, then the Agency will assume that the requirements of this section and § 191.14(e) of this chapter have been fulfilled. | ||||
| 40:40:27.0.1.1.4.3.7.17 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.46 Removal of waste. | EPA | Any compliance application shall include documentation which demonstrates that removal of waste from the disposal system is feasible for a reasonable period of time after disposal. Such documentation shall include an analysis of the technological feasibility of mining the sealed disposal system, given technology levels at the time a compliance application is prepared. | ||||
| 40:40:27.0.1.1.4.3.8.18 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.51 Consideration of protected individual. | EPA | Compliance assessments that analyze compliance with § 191.15 of this chapter shall assume that an individual resides at the single geographic point on the surface of the accessible environment where that individual would be expected to receive the highest dose from radionuclide releases from the disposal system. | ||||
| 40:40:27.0.1.1.4.3.8.19 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.52 Consideration of exposure pathways. | EPA | In compliance assessments that analyze compliance with § 191.15 of this chapter, all potential exposure pathways from the disposal system to individuals shall be considered. Compliance assessments with part 191, subpart C and § 191.15 of this chapter shall assume that individuals consume 2 liters per day of drinking water from any underground source of drinking water in the accessible environment. | ||||
| 40:40:27.0.1.1.4.3.8.20 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.53 Consideration of underground sources of drinking water. | EPA | In compliance assessments that analyze compliance with part 191, subpart C of this chapter, all underground sources of drinking water in the accessible environment that are expected to be affected by the disposal system over the regulatory time frame shall be considered. In determining whether underground sources of drinking water are expected to be affected by the disposal system, underground interconnections among bodies of surface water, ground water, and underground sources of drinking water shall be considered. | ||||
| 40:40:27.0.1.1.4.3.8.21 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.54 Scope of compliance assessments. | EPA | (a) Any compliance application shall contain compliance assessments required pursuant to this part. Compliance assessments shall include information which: (1) Identifies potential processes, events, or sequences of processes and events that may occur over the regulatory time frame; (2) Identifies the processes, events, or sequences of processes and events included in compliance assessment results provided in any compliance application; and (3) Documents why any processes, events, or sequences of processes and events identified pursuant to paragraph (a)(1) of this section were not included in compliance assessment results provided in any compliance application. (b) Compliance assessments of undisturbed performance shall include the effects on the disposal system of: (1) Existing boreholes in the vicinity of the disposal system, with attention to the pathways they provide for migration of radionuclides from the site; and (2) Any activities that occur in the vicinity of the disposal system prior to or soon after disposal. Such activities shall include, but shall not be limited to: Existing boreholes and the development of any existing leases that can be reasonably expected to be developed in the near future, including boreholes and leases that may be used for fluid injection activities. | ||||
| 40:40:27.0.1.1.4.3.8.22 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | C | Subpart C—Compliance Certification and Re-certification | § 194.55 Results of compliance assessments. | EPA | (a) Compliance assessments shall consider and document uncertainty in the performance of the disposal system. (b) Probability distributions for uncertain disposal system parameter values used in compliance assessments shall be developed and documented in any compliance application. (c) Computational techniques which draw random samples from across the entire range of values of each probability distribution developed pursuant to paragraph (b) of this section shall be used to generate a range of: (1) Estimated committed effective doses received from all pathways pursuant to § 194.51 and § 194.52; (2) Estimated radionuclide concentrations in USDWs pursuant to § 194.53; and (3) Estimated dose equivalent received from USDWs pursuant to § 194.52 and § 194.53. (d) The number of estimates generated pursuant to paragraph (c) of this section shall be large enough such that the maximum estimates of doses and concentrations generated exceed the 99th percentile of the population of estimates with at least a 0.95 probability. (e) Any compliance application shall display: (1) The full range of estimated radiation doses; and (2) The full range of estimated radionuclide concentrations. (f) Any compliance application shall document that there is at least a 95 percent level of statistical confidence that the mean and the median of the range of estimated radiation doses and the range of estimated radionuclide concentrations meet the requirements of § 191.15 and part 191, subpart C of this chapter, respectively. | ||||
| 40:40:27.0.1.1.4.4.9.1 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | D | Subpart D—Public Participation | § 194.61 Advance notice of proposed rulemaking for certification. | EPA | (a) Upon receipt of a compliance application submitted pursuant to section 8(d)(1) of the WIPP LWA and § 194.11, the Agency will publish in the Federal Register an Advance Notice of Proposed Rulemaking announcing that a compliance application has been received, soliciting comment on such application, and announcing the Agency's intent to conduct a rulemaking to certify whether the WIPP facility will comply with the disposal regulations. (b) A copy of the compliance application will be made available for inspection in Agency dockets established pursuant to § 194.67. (c) The notice will provide a public comment period of 120 days. (d) A public hearing concerning the notice will be held if a written request is received by the Administrator or the Administrator's authorized representative within 30 calendar days of the date of publication pursuant to paragraph (a) of this section. (e) Any comments received on the notice will be made available for inspection in the dockets established pursuant to § 194.67. (f) Any comments received on the notice will be provided to the Department and the Department may submit to the Agency written responses to the comments. | ||||
| 40:40:27.0.1.1.4.4.9.2 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | D | Subpart D—Public Participation | § 194.62 Notice of proposed rulemaking for certification. | EPA | (a) The Administrator will publish a Notice of Proposed Rulemaking in the Federal Register announcing the Administrator's proposed decision, pursuant to section 8(d)(1) of the WIPP LWA, whether to issue a certification that the WIPP facility will comply with the disposal regulations and soliciting comment on the proposal. (b) The notice will provide a public comment period of at least 120 days. (c) The notice will announce public hearings in New Mexico. (d) Any comments received on the notice will be made available for inspection in the dockets established pursuant to § 194.67. | ||||
| 40:40:27.0.1.1.4.4.9.3 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | D | Subpart D—Public Participation | § 194.63 Final rule for certification. | EPA | (a) The Administrator will publish a Final Rule in the Federal Register announcing the Administrator's decision, pursuant to section 8(d)(1) of the WIPP LWA, whether to issue a certification that the WIPP facility will comply with the disposal regulations. (b) A document summarizing significant comments and issues arising from comments received on the Notice of Proposed Rulemaking, as well as the Administrator's response to such significant comments and issues, will be prepared and will be made available for inspection in the dockets established pursuant to § 194.67. | ||||
| 40:40:27.0.1.1.4.4.9.4 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | D | Subpart D—Public Participation | § 194.64 Documentation of continued compliance. | EPA | (a) Upon receipt of documentation of continued compliance with the disposal regulations pursuant to section 8(f) of the WIPP LWA and § 194.11, the Administrator will publish a notice in the Federal Register announcing that such documentation has been received, soliciting comment on such documentation, and announcing the Administrator's intent to determine whether or not the WIPP facility continues to be in compliance with the disposal regulations. (b) Copies of documentation of continued compliance received by the Administrator will be made available for inspection in the dockets established pursuant to § 194.67. (c) The notice will provide a public comment period of at least 30 days after publication pursuant to paragraph (a) of this section. (d) Any comments received on such notice will be made available for public inspection in the dockets established pursuant to § 194.67. (e) Upon completion of review of the documentation of continued compliance with the disposal regulations, the Administrator will publish a notice in the Federal Register announcing the Administrator's decision whether or not to re-certify the WIPP facility. | ||||
| 40:40:27.0.1.1.4.4.9.5 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | D | Subpart D—Public Participation | § 194.65 Notice of proposed rulemaking for modification or revocation. | EPA | (a) If the Administrator determines that any changes in activities or conditions pertaining to the disposal system depart significantly from the most recent compliance application, the Agency will publish a Notice of Proposed Rulemaking in the Federal Register announcing the Administrator's proposed decision on modification or revocation, and soliciting comment on the proposal. (b) Any comments received on the notice will be made available for inspection in the dockets established pursuant to § 194.67. | ||||
| 40:40:27.0.1.1.4.4.9.6 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | D | Subpart D—Public Participation | § 194.66 Final rule for modification or revocation. | EPA | (a) The Administrator will publish a Final Rule in the Federal Register announcing the Administrator's decision on modification or revocation. (b) A document summarizing significant comments and issues arising from comments received on the Notice of Proposed Rulemaking as well as the Administrator's response to such significant comments and issues will be prepared and will be made available for inspection in the dockets established pursuant to § 194.67. | ||||
| 40:40:27.0.1.1.4.4.9.7 | 40 | Protection of Environment | I | F | 194 | PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS | D | Subpart D—Public Participation | § 194.67 Dockets. | EPA | The Agency will establish and maintain dockets in the State of New Mexico and Washington, DC. The dockets will consist of all relevant, significant information received from outside parties and all significant information considered by the Administrator in certifying whether the WIPP facility will comply with the disposal regulations, in certifying whether or not the WIPP facility continues to be in compliance with the disposal regulations, and in determining whether compliance certification should be modified, suspended or revoked. | ||||
| 46:46:7.0.1.4.27.1.63.1 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.01 | Subpart 194.01—Application | § 194.01-1 General; preemptive effect. | USCG | [CGFR 67-83, 33 FR 1151, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36026, Sept. 16, 1988; USCG-2006-24797, 77 FR 33894, June 7, 2012] | (a) The provisions of this part, with the exception of subpart 194.90, shall apply to all vessels other than non-self-propelled vessels of less than 300 gross tons contracted for on or after March 1, 1968. (b) Non-self-propelled vessels of less than 300 gross tons shall not be subject to the provisions of this part except as provided otherwise by paragraph (c) of this section. (c) Non-self-propelled vessels of less than 300 gross tons shall be governed by the applicable portions of 49 CFR parts 171-179, and the applicable portions of 33 CFR parts 6 and 121 to 126, inclusively. Alternately, the owner, at his option, may comply with the provisions of this part. (d) Vessels contracted for prior to March 1, 1968, shall meet the requirements of subpart 194.90. (e) The regulations in this part have preemptive effect over State or local regulations in the same field. | |||
| 46:46:7.0.1.4.27.2.63.1 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-1 General. | USCG | [CGFR 67-83, 33 FR 1151, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36027, Sept. 16, 1988] | (a) The master shall be held responsible for and shall require the proper handling, stowage, and marking of all chemical stores and reagents. (b) Chemical stores shall be stowed in a chemical storeroom in approved drums, barrels, or other packages, properly marked and labeled, as prescribed by 49 CFR part 172 for those specific commodities, except that those chemical stores excluded from the storeroom by §§ 194.20-15 and 194.20-17, and those chemical stores not desired to be located in a chemical storeroom, shall be stored in accordance with the appropriate provisions of 49 CFR part 176 insofar as such regulations apply to cargo vessels. (c) Ships' stores shall be regulated in accordance with the appropriate provisions of part 147 of Subchapter N (Dangerous Cargoes) of this chapter. | |||
| 46:46:7.0.1.4.27.2.63.10 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-19 Combustible liquids as chemical stores—Detail requirements. | USCG | [CGFR 67-83, 33 FR 1151, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36027, Sept. 16, 1988] | (a) Combustible liquid chemical stores and reagents shall be governed by subparts 194.15 and 194.20. (b) Other combustible liquids shall be regulated by the appropriate portions of 49 CFR parts 172, 173, and 176 or part 147 of Subchapter N (Dangerous Cargoes) of this chapter. | |||
| 46:46:7.0.1.4.27.2.63.11 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-21 Other regulated materials. | USCG | [CGD 86-033, 53 FR 36027, Sept. 16, 1988] | (a) Other Regulated Materials (DOT Hazard Class “ORM”) as chemical stores and reagents shall be governed by appropriate portions of subparts 194.15 and 194.20 of this part. (b) Other Regulated Materials (DOT Hazard Class “ORM”) which are not chemical stores and reagents shall be regulated by the appropriate portions of 49 CFR parts 172, 173, and 176. | |||
| 46:46:7.0.1.4.27.2.63.2 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-3 Chemical stores. | USCG | [CGD 86-033, 53 FR 36027, Sept. 16, 1988, as amended by CGD 97-057, 62 FR 51051, Sept. 30, 1997; USCG-2009-0702, 74 FR 49240, Sept. 25, 2009; USCG-2012-0832, 77 FR 59789, Oct. 1, 2012] | (a) Chemical stores are those chemicals which possess one or more of the following properties and shall be classed, marked and labeled in accordance with 49 CFR part 172: (1) Explosives. (2) Flammable liquids. (3) Flammable solids. (4) Oxidizing materials. (5) Corrosive materials. (6) Compressed gasses. (7) Poisons. (8) Combustible liquids. (9) Other Regulated Materials (DOT Hazard Class “ORM”). (b) Substances for use in the chemistry laboratory, or to be stored in the chemical storeroom and generally covered under paragraph (a) of this section but not specifically listed by name in 49 CFR 172.101 must be approved by the Commandant (CG-OES) prior to being carried on board a vessel. | |||
| 46:46:7.0.1.4.27.2.63.3 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-5 Chemicals in the chemistry laboratory. | USCG | [CGFR 67-83, 33 FR 1151, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36027, Sept. 16, 1988] | (a) Small working quantities of chemical stores in the chemistry laboratory which have been removed from the approved shipping container need not be marked or labeled as required by 49 CFR part 172. Reagent containers in the laboratory shall be marked to show at least the following: (1) Common chemical name. (2) Hazards, if any; e.g., flammable, poison, etc. (b) In the interest of facilitating scientific activities, no restrictions are intended which will limit the variety of chemical stores which may be used in the chemical laboratory. With the knowledge and approval of the master, the laboratory supervisor may be responsible for stowage and use of materials within the laboratory and chemical storeroom. (c) Reagent containers shall be properly secured against shifting and spillage. Insofar as practical all reagents shall be stowed in suitable, unbreakable containers. | |||
| 46:46:7.0.1.4.27.2.63.4 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-7 Explosives—Detail requirements. | USCG | [CGFR 67-83, 33 FR 1151, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36027, Sept. 16, 1988; CGD 92-050, 59 FR 39966, Aug. 5, 1994; CGD 97-057, 62 FR 51051, Sept. 30, 1997] | (a) Except as otherwise provided by this part, Division 1.1 and 1.2 (explosive) materials (as defined in 49 CFR 173.50) and blasting-caps must be carried in magazines specifically fitted for that purpose as described by subpart 194.10 of this part. (b) Class 1 (explosive) materials (as defined in 49 CFR 173.50) must be identified by their appropriate DOT classification. (c)(1) Compatibility of magazine stowage shall be in accordance with 49 CFR 176.144. (2) Magazine chests, magazine vans, and deck stowage areas shall be separated by a distance of at least 25 feet if their contents are incompatible with each other. Reduction of this distance to allow for special configurations will be permitted only if specifically approved by the Commandant. (d) On-deck stowage of unfused depth-charges or other unfused-case-type Class 1 (explosive) materials (as defined in 49 CFR 173.50) is authorized as follows: (1) Stowage shall be in a location reasonably protected from the full force of boarding seas. (2) Stowage shall be protected from direct exposure to the sun by overhead decks, awnings, or tarpaulins. Decks shall be constructed of incombustible materials; awnings and tarpaulins shall be fire-resistant and/or flame proof fabric. (3) Items shall be properly secured by using existing vessel structures such as bulwarks, hatch coamings, shelter deck and poop bulkheads as part boundaries and effectively closing in the items by fitting angle bar closing means secured by bolting to clips or other parts of the ship's structure. Lashing of deck stowage is permitted provided eye pads or other suitable means are fitted to secure such lashings and provided the individual items are of such a configuration as to prevent slippage of the lashings. Shoring and dunnage may be used as necessary to further facilitate the security of the stowage. (4) Stowage area shall be selected so as to provide for safe access to all internal spaces and to all parts of the deck required to be used in navigation and working of the vessel. Stowage sha… | |||
| 46:46:7.0.1.4.27.2.63.5 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-9 Flammable liquid chemical stores—Detail requirements. | USCG | [CGFR 67-83, 33 FR 1151, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36027, Sept. 16, 1988; 53 FR 46872, Nov. 21, 1988] | (a) Flammable liquids as chemical stores and reagents are governed by subparts 194.15 and 194.20. (b) Other flammable liquids are regulated by the appropriate portions of 49 CFR parts 172, 173, and 176 or part 147 of Subchapter N (Dangerous Cargoes) of this chapter. | |||
| 46:46:7.0.1.4.27.2.63.6 | 46 | Shipping | I | U | 194 | PART 194—HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS | 194.05 | Subpart 194.05—Stowage and Marking | § 194.05-11 Flammable solids and oxidizing materials—Detail requirements. | USCG | [CGFR 67-83, 33 FR 1151, Jan. 27, 1968, as amended by CGD 86-033, 53 FR 36027, Sept. 16, 1988; 53 FR 46872, Nov. 21, 1988] | (a) Flammable solids and oxidizing materials used as chemical stores and reagents are governed by subparts 194.15 and 194.20. (b) Oxidizing materials used as blasting agents are regulated by the appropriate portions of 49 CFR parts 172, 173, and 176. |
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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,
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source_citation TEXT,
amendment_citations TEXT,
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