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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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| 14:14:4.0.1.1.4.1.1.1 | 14 | Aeronautics and Space | II | A | 204 | PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS | A | Subpart A—General Provisions | § 204.1 Purpose. | FAA | [72 FR 20036, Apr. 23, 2007] | This part sets forth the fitness data that must be submitted by applicants for certificate authority, by applicants for authority to provide service as a commuter air carrier to an eligible place, by carriers proposing to provide essential air transportation, and by certificated air carriers and commuter air carriers proposing a substantial change in operations, ownership, or management. This part also contains the procedures and filing requirements applicable to carriers that hold dormant authority. | |||
| 14:14:4.0.1.1.4.1.1.2 | 14 | Aeronautics and Space | II | A | 204 | PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS | A | Subpart A—General Provisions | § 204.2 Definitions. | FAA | [Doc. No. 47582, 57 FR 38766, Aug. 27, 1992, as amended at 60 FR 43523, Aug. 22, 1995; 64 FR 12085, Mar. 11, 1999; 72 FR 20036, Apr. 23, 2007; Doc. No. DOT-OST-2014-0140, 84 FR 15924, Apr. 16, 2019] | As used in this part: (a) All-cargo air carrier or section 41103 carrier means an air carrier holding an all-cargo air transportation certificate issued under section 41103 of 49 U.S.C. Subtitle VII authorizing the transportation by aircraft in interstate air transportation of only property or only mail, or both. (b) Certificate authority means authority to provide air transportation granted by the Secretary of Transportation in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102 or an all-cargo air transportation certificate to perform all-cargo air transportation under 49 U.S.C. 41103. Certificated carriers are those that hold certificate authority, including those carriers operating by law under the regulatory provisions under the Department's predecessor. (c) Citizen of the United States means: (1) An individual who is a citizen of the United States; (2) A partnership each of whose partners is an individual who is a citizen of the United States; or (3) A corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States. (d) Commuter air carrier means an air carrier holding or seeking authority under part 298 of this Chapter that carries passengers on at least five round trips per week on at least one route between two or more points according to its published flight schedules that specify the times, days of the week, and places between which those flights are performed. (e) Eligible place means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417. (f) Essential air service is that air transp… | |||
| 14:14:4.0.1.1.4.2.1.1 | 14 | Aeronautics and Space | II | A | 204 | PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS | B | Subpart B—Filing Requirements | § 204.3 Applicants for new certificate or commuter air carrier authority. | FAA | [Doc. No. 47582, 57 FR 38766, Aug. 27, 1992, as amended at 60 FR 43524, Aug. 22, 1995; Doc. No. DOT-OST-2014-0140, 84 FR 15924, Apr. 16, 2019] | An applicant for a type of certificate authority it does not currently hold or for commuter air carrier authority shall file the data set forth in paragraphs (a) through (v) of this section. In addition, the Department may require an applicant to provide additional data if necessary to reach an informed judgment about its fitness. If the applicant has previously formally filed any of the required data with the Department or with another Federal agency and they are available to the Department, and those data continue to reflect the current state of the carrier's fitness, the applicant may instead identify the data and provide a citation for the date(s) and place(s) of filing. Prior to filing any data, the applicant may contact the Air Carrier Fitness Division to ascertain what data required by this section are already available to the Department and need not be included in the filing. If the applicant intends to use as evidence data it has previously filed pursuant to part 241 reporting requirements and those data contain errors, the applicant must first file corrected reports in accordance with § 241.22(g). (a) The name, address, and telephone number of the applicant. (b) The form of the applicant's organization. (c) The State law(s) under which the applicant is organized. (d) If the applicant is a corporation, a statement provided by the Office of the Secretary of State, or other agent of the State in which the applicant is incorporated, certifying that the applicant corporation is in good standing. (e) A sworn affidavit stating that the applicant is a citizen of the United States. (f) The identity of the key personnel who would be employed by the applicant, including: (1) Their names and addresses; (2) The experience, expertise, and responsibilities of each; (3) The number of shares of the applicant's voting stock held by each and the percentage of the total number of such shares issued and outstanding, and the citizenship and principal business of any person for whose account, if other than the holde… | |||
| 14:14:4.0.1.1.4.2.1.2 | 14 | Aeronautics and Space | II | A | 204 | PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS | B | Subpart B—Filing Requirements | § 204.4 [Reserved] | FAA | |||||
| 14:14:4.0.1.1.4.2.1.3 | 14 | Aeronautics and Space | II | A | 204 | PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS | B | Subpart B—Filing Requirements | § 204.5 Certificated and commuter air carriers undergoing or proposing to undergo substantial change in operations, ownership, or management. | FAA | [Doc. No. 47582, 57 FR 38766, Aug. 27, 1992, as amended at 72 FR 20036, Apr. 23, 2007; Doc. No. DOT-OST-2014-0140, 84 FR 15925, Apr. 16, 2019] | (a) A certificated or commuter air carrier proposing a substantial change in operations, ownership or management shall file the data set forth in § 204.3. These data must be submitted in cases where: (1) The proposed change requires new or amended authority, or (2) The change substantially alters the factors upon which its latest fitness finding is based, even if no new authority is required. (b) Information which a carrier has previously formally filed with the Department, or with another Federal agency where they are available to the Department, which continues to reflect the current state of the carrier's fitness may be omitted. The carrier instead should identify the data and provide a citation for the date(s) and place(s) of filing. Prior to filing any data, the carrier may contact the Department (Air Carrier Fitness Division) to ascertain what data required by this section, if any, are already available to the Department or are not applicable to the substantial change in question and need not be included in the filing. (c) Information filings pursuant to this section made to support an application for new or amended certificate authority shall be filed with the application and addressed to Docket Operations, M-30, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, or by electronic submission at http://www.regulations.gov (d) Information filed in support of a certificated or commuter air carrier's continuing fitness to operate under its existing authority in light of substantial changes in its operations, management, or ownership, including changes that may affect the air carrier's citizenship, shall be addressed to the Chief, Air Carrier Fitness Division, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. | |||
| 14:14:4.0.1.1.4.2.1.4 | 14 | Aeronautics and Space | II | A | 204 | PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS | B | Subpart B—Filing Requirements | § 204.6 Certificated and commuter air carriers proposing a change in operations, ownership, or management which is not substantial. | FAA | Carriers proposing to make a change which would not substantially affect their operations, management, or ownership, such as certificated carriers applying for additional authority which would not substantially change their operations, will be presumed to be fit and need not file any information relating to their fitness at time of the change. However, if the Department concludes, from its own analysis or based on information submitted by third parties, that such change may bring the carrier's fitness into question, the Department may require the applicant carrier to file additional information. | ||||
| 14:14:4.0.1.1.4.2.1.5 | 14 | Aeronautics and Space | II | A | 204 | PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS | B | Subpart B—Filing Requirements | § 204.7 Revocation for dormancy. | FAA | [Docket No. 47582, 57 FR 38766, Aug. 27, 1992, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15925, Apr. 16, 2019] | (a) An air carrier that has not commenced any type of air transportation operations for which it was found fit, willing, and able within one year of the date of that finding, or an air carrier that, for any period of one year after the date of such a finding, has not provided any type of air transportation for which that kind of finding is required, is deemed no longer to continue to be fit to provide the air transportation for which it was found fit and, accordingly, its authority to provide such air transportation shall be revoked. (b) An air carrier found fit which commences operations within one year after being found fit but then ceases operations, shall not resume operations without first filing all of the data required by § 204.3 at least 45 days before it intends to provide any such air transportation. Such filings shall be addressed to the Docket Operations Office, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. The Department will entertain requests for exemption from this 45-day advance filing requirement for good cause shown. If there has been no change in fitness data previously formally filed with the Department, the carrier shall file a sworn statement to that effect signed by one of its officers. The carrier may contact the Department (Air Carrier Fitness Division) to ascertain which data are already available to the Department and need not be refiled. A carrier to which this paragraph applies shall not provide any air transportation for which it is required to be found fit, willing, and able until the Department decides that the carrier continues to be fit, willing, and able to perform such air transportation. During the pendency of the Department's consideration of a data submission under this paragraph, the expiration period set out in paragraph (a) of this section shall be stayed. If the decision or finding by the Department on the issue of the carrier's fitness is favorable, the date or that decision or finding shall be the date considered in applying pa… | |||
| 17:17:3.0.1.1.5.1.17.1 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.1 Applicability and scope. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54130, Oct. 26, 2001] | (a) The procedures authorized for administrative offset are contained in Section 10 of the Debt Collection Act (codified at 31 U.S.C. 3716). The Act requires that notice procedures be observed by the agency. The debtor is also afforded an opportunity to inspect and copy government records pertaining to the claim, enter into an agreement for repayment, and to a review of the claim (if requested). Like salary offset, agencies may cooperate with one another in order to effectuate recovery of the claim. (b) The provisions of this subpart apply to the collection of debts owed to the United States arising from transactions with the Securities and Exchange Commission (Commission). These regulations are consistent with the Debt Collection Act and the Federal Claims Collection Standards on administrative offset issued jointly by the Department of Justice and the Department of the Treasury (31 CFR 901.3). | ||||
| 17:17:3.0.1.1.5.1.17.10 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.10 [Reserved] | SEC | ||||||
| 17:17:3.0.1.1.5.1.17.11 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.11 Jeopardy procedure. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | The Commission may effect an administrative offset against a payment to be made to the debtor prior to the completion of the procedures required by § 204.4(a) if failure to take the offset would substantially jeopardize the Commission's ability to collect the debt, and the time available before the payment is to be made does not reasonably permit the completion of those procedures. Such prior offset shall be promptly followed by the completion of those procedures. Amounts recovered by offset but later found not to be owed to the Commission shall be promptly refunded. This section applies only to administrative offset pursuant to 31 CFR 901.3(c), and does not apply when debts are referred to the Department of the Treasury for mandatory centralized administrative offset under 31 CFR 901.3(b)(1). | ||||
| 17:17:3.0.1.1.5.1.17.12 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | §§ 204.12-204.29 [Reserved] | SEC | ||||||
| 17:17:3.0.1.1.5.1.17.2 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.2 Definitions. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54130, Oct. 26, 2001] | (a) Administrative offset as defined in 31 U.S.C. 3701(a)(1) means withholding funds payable by the United States (including funds payable by the United States on behalf of a State government) to, or held by the United States for, a person to satisfy a claim. (b) Person includes a natural person or persons, profit or nonprofit corporation, partnership, association, trust, estate, consortium, or other entity which is capable of owing a debt to the United States Government except that agencies of the United States, or of any State or local government shall be excluded. | ||||
| 17:17:3.0.1.1.5.1.17.3 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.3 General. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54130, Oct. 26, 2001] | (a) The Chairperson (or designee) may initiate administrative offset with regard to debts owed by a person to another agency of the United States Government, upon receipt of a request from the head of another agency or his or her designee, and a certification that the debt exists and that the person has been afforded the necessary due process rights. (b) The Chairperson (or designee) may notify the Department of the Treasury of delinquent debts for purposes of administrative offset, and may request another agency which holds funds payable to a Commission debtor to offset that debt against the funds held; the Commission will provide certification that: (1) The debt is past due and legally enforceable; and (2) The person has been afforded the necessary due process rights. (c) No collection by administrative offset shall be made on any debt that has been outstanding for more than 10 years unless facts material to the Government's right to collect the debt were not known, and reasonably could not have been known, by the official or officials responsible for discovering the debt. This limitation does not apply to debts reduced to judgment. (d) Administrative offset under this subpart may not be initiated against: (1) A debt in which administrative offset of the type of debt involved is explicitly provided for or prohibited by another statute; (2) Debts owed by other agencies of the United States or by any State or local Government; or (3) Debts arising under the Internal Revenue Code of 1954; the Social Security Act; or the tariff laws of the United States. (e) The procedures for administrative offset in this subpart do not apply to the offset of Federal salaries under 5 U.S.C. 5514 or Federal tax refunds under 31 U.S.C. 3720A and 31 CFR 285.2. | ||||
| 17:17:3.0.1.1.5.1.17.4 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.4 Demand for payment—notice. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54130, Oct. 26, 2001] | (a) Before offset is made, a written notice will be sent to the debtor. This notice will include: (1) The type and amount of the debt; (2) The date when payment is due (not less than thirty days from the date of mailing or hand delivery of the notice); (3) The agency's intention to collect the debt by administrative offset, including asking the assistance of other Federal agencies to help in the offset whenever possible, if the debtor has not made payment by the payment due date or has not made an arrangement for payment by the payment due date; (4) The right of the debtor to inspect and copy the Commission's records related to the claim; (5) The right of the debtor to request a review of the determination of indebtedness and, in the circumstances described in § 204.7, to request an oral hearing from the Commission's designee; and (6) The right of the debtor to enter into a written agreement with the agency to repay the debt in some other way. (b) Claims for payment of travel advances and employee training expenses require notification prior to administrative offset as described in this section. Because no oral hearing is required, notice of the right to a hearing need not be included in the notification. | ||||
| 17:17:3.0.1.1.5.1.17.5 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.5 Debtor's failure to respond. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54130, Oct. 26, 2001] | If the debtor fails to respond to the notice described in § 204.4(a) by the proposed effective date specified in the notice, the Commission may take further action under this section or under the Federal Claims Collection Standards (31 CFR 901.3). The commission may collect by administrative offset if the debtor: (a) Has not made payment by the payment due date; (b) Has not requested a review of the claim within the agency as set out in § 204.6; or (c) Has not made an arrangement for payment by the payment due date. | ||||
| 17:17:3.0.1.1.5.1.17.6 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.6 Agency review. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | (a) To the extent that a debt owed has not been established by judicial or administrative order, a debtor may request a hearing concerning the existence or amount of the debt or the terms of repayment. With respect to debts established by a judicial or administrative order, a debtor may request a hearing concerning the payment or other discharge of the debt. A request to review a disputed debt must be submitted to the Commission official who provided notification within 30 calendar days of the receipt of the written notice described in § 204.4(c). (b) The Commission will provide a copy of the record to the debtor and advise him/her to furnish available evidence to support his or her position. Upon receipt of the evidence, the written record of indebtedness will be reviewed and the debtor will be informed of the results of that review. (c) Pending the resolution of a dispute by the debtor, transactions in any of the debtor's accounts maintained by the Commission may be temporarily suspended. Depending on the type of transaction, the suspension could preclude its payment, removal, or transfer, as well as prevent the payment of interest or discount due thereon. Should the dispute be resolved in the debtor's favor, the suspension will be immediately lifted. (d) During the review period, interest, penalties, and administrative costs will continue to accrue. | ||||
| 17:17:3.0.1.1.5.1.17.7 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.7 Hearing. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | (a) A debtor will be provided a reasonable opportunity for an oral hearing by the Commission's designee when: (1) (i) By statute, consideration must be given to a request to waive the indebtedness; (ii) The debtor requests waiver of the indebtedness; and (iii) The waiver determination rests on an issue of credibility or veracity; or (2) The debtor requests reconsideration and the Commission's designee determines that the question of indebtedness cannot be resolved by reviewing the documentary evidence. (b) In cases where an oral hearing is provided to the debtor, the Commission's designee will conduct the hearing, and provide the debtor with a written decision 30 days after the hearing. | ||||
| 17:17:3.0.1.1.5.1.17.8 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.8 Written agreement for repayment. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | If the debtor requests a repayment agreement in place of offset, the Commission has discretion to determine whether to accept a repayment agreement in place of offset. If the debt is delinquent and the debtor has not disputed its existence or amount, the Commission will not accept a repayment agreement in place of offset unless the debtor is able to establish that offset would cause undue financial hardship or be unjust. No repayment arrangement will be considered unless the debtor submits a financial statement, executed under penalty of perjury, reflecting the debtor's assets, liabilities, income, and expenses. The financial statement must be submitted within ten business days of the Commission's request for the statement. At the Commission's option, a confess-judgment note or bond of indemnity with surety may be required for installment agreements. Notwithstanding the provisions of this section, any reduction or compromise of a claim will be governed by the Debt Collection Act, 31 U.S.C. 3711-3720E, and the Federal Claims Collection Standards, 31 CFR 900.1-904.4. | ||||
| 17:17:3.0.1.1.5.1.17.9 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | A | Subpart A—Administrative Offset | § 204.9 Administrative offset procedures. | SEC | [58 FR 64370, Dec. 7, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | (a) If the debtor does not exercise the right to request a review within the time specified in § 204.4, or if as a result of the review, it is determined that the debt is due and no written agreement is executed, then administrative offset shall be ordered in accordance with this subpart without further notice. (b) Travel advance. The Commission will deduct outstanding advances provided to Commission travelers from other amounts owed the traveler by the agency whenever possible and practicable. Monies owed by an employee for outstanding travel advances that cannot be deducted from other travel amounts due that employee will be collected through salary offset as described in subpart B of this part. (c) Requests for offset to the Department of the Treasury or other Federal agencies. The Chairperson (or his or her designee) may notify the Department of the Treasury of delinquent debts for purposes of administrative offset, and may request that a debt owed to the Commission be administratively offset against funds due and payable to a debtor by another Federal agency. In requesting administrative offset, the Commission, as creditor, will certify in writing to the Federal agency holding funds of the debtor that: (1) The debtor owes the past due and legally enforceable debt; and (2) The debtor has been afforded the necessary due process rights. (d) Requests for offset from other Federal agencies. Any Federal agency may request that funds due and payable to its debtor by the Commission be administratively offset in order to collect a debt owed to such Federal agency by the debtor. The Commission shall initiate the requested offset only upon: (1) Receipt of written certification from the crecitor agency that: (i) The debtor owes the past due and legally enforceable debt; and (ii) The debtor has been afforded the necessary due process rights. (2) A determination by the Commission that collection by offset against funds payable by the Commission would be in the best interest of the United States as determine… | ||||
| 17:17:3.0.1.1.5.2.17.1 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.30 Purpose and scope. | SEC | (a) This regulation provides procedures for the collection by administrative offset against a federal employee's current pay account without his/her consent under 5 U.S.C. 5514 to satisfy certain debts owed to the Commission. This regulation does not apply when the employee consents to recovery from his/her current pay account. (b) This regulation does not preclude an employee from requesting a waiver or questioning the amount or validity of a debt by submitting a claim to the General Accounting Office in accordance with procedures prescribed by the General Accounting Office. (c) This Salary Offset plan is for internal use and Government-wide claims collections. 5 CFR 550.1104(a). This regulation implements 5 U.S.C. 5514; 5 CFR part 550, subpart K. | |||||
| 17:17:3.0.1.1.5.2.17.10 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.39 Written decision. | SEC | (a) If pre-offset hearing is held. Within 60 days of the filing of the employee's petition for a pre-offset hearing, the hearing official will issue a written decision setting forth the basis of his/her findings in accordance with 5 CFR 550.1104(g)(3). (b) If the employee challenges the pre-offset notice under § 204.34, Employee response and/or § 204.35, Petition for pre-offset hearing, without requesting a hearing or a hearing is denied, the program official must notify the employee of his/her final determination in writing before offset can begin. The agency's execution of a voluntary repayment agreement satisfies this requirement. | |||||
| 17:17:3.0.1.1.5.2.17.11 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.40 Deductions. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54132, Oct. 26, 2001] | (a) When deductions may begin: (1) If a pre-offset hearing is held, deductions shall be made in accordance with the hearing official's decision. (2) If parties execute a voluntary repayment agreement, deductions shall be made in accordance with the terms of that agreement. (3) If the employee requests a waiver or reconsideration or the program official refuses to accept a proposed alternate repayment schedule, deductions shall be made in accordance with the program official's written decision. (4) If the employee consents to the terms and conditions set forth in the Commission's Pre-offset Notice or fails to respond in timely fashion to the Pre-offset Notice, or waives his/her right to a hearing without otherwise challenging the terms of the Pre-offset Notice, deductions shall be made in accordance with the terms and conditions set forth therein. (b) Retired or separated employees. If the employee retires, resigns, or is terminated before the debt is fully repaid, the remaining indebtedness will be offset pursuant to 31 U.S.C. 3716 and the FCCS. (1) To the extent possible, the remaining indebtedness will be liquidated from any final payment due the former employee as of the date of separation (e.g., final salary payment, lump-sum leave, etc.). See § 204.40d(3), Offset deductions from final salary and/or lump-sum leave payment. (2) Thereafter, the remaining indebtedness will be recovered from later payments of any kind due the former employee from the United States. See the FCCS. (c) Method of collection and source of deduction. The method of collecting debts under these regulations shall be by salary offset. Deductions will be made from the employee's current disposable pay account except as provided for in § 204.34b, Employee response. (d) Amount and duration of deductions. Debts must be collected in one lump sum where possible. If the employee demonstrates financial hardship to the Commission's satisfaction or the amount of the debt exceeds 15 percent of the indebted employee's current disposable… | ||||
| 17:17:3.0.1.1.5.2.17.12 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.41 Non-waiver of rights. | SEC | An employee's involuntary payment of all or any portion of a debt being collected under 5 U.S.C. 5514 shall not be construed as a waiver of any rights that the employee may have under 5 U.S.C. 5514 or any other provision of contract or law, unless there are statutory or contractual provisions to the contrary. | |||||
| 17:17:3.0.1.1.5.2.17.13 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.42 Refunds. | SEC | (a) The Commission will refund promptly to the appropriate individual amounts offset under this regulation when: (1) A debt is waived or otherwise found not owing the United States (unless expressly prohibited by statute or regulation); or (2) The Commission is directed by an administrative or judicial order to refund amounts deducted from the employee's current pay. (b) Refunds do not bear interest unless required or permitted by law or contract. | |||||
| 17:17:3.0.1.1.5.2.17.14 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.43 Coordinating offset with another federal agency. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54132, Oct. 26, 2001] | (a) Responsibility of the Commission as the Creditor Agency. When possible, salary offset through the centralized administrative offset procedures in 5 CFR 550.1108 shall be attempted before applying the procedures in this section. If centralized administrative offset is not possible, the Commission shall request recovery from the current paying agency. Upon completion of the procedures established in these regulations and pursuant to 5 U.S.C. 5514, 5 CFR 550.1109 the Commission must: (1) Certify, in writing, that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date the Government's right to collect the debt first accrued and that the Commission's regulations implementing 5 U.S.C. 5514 have been approved by OPM. (2) If the collection must be made in installments, the Commission also must advise the paying agency of the amount or percentage of disposable pay to be collected in each installment, and if the Commission wishes, the number and the commencing date of the installments (if a date other than the next officially established pay period is required). (3) Advise the paying agency of the actions taken pursuant to 5 U.S.C. 5514(b) and give the date(s) the action(s) was taken (unless the employee has consented to the salary offset in writing or signed a statement acknowledging receipt of the required procedures and the written consent or statement is forwarded to the paying agency). (4) Except as otherwise provided in this paragraph (a)(4), the Commission must submit a debt claim containing the information specified in paragraphs (a)(1) through (3) of this section and an installment agreement (or other instruction on the payment schedule), if applicable, to the employee's paying agency. (5) If the employee is in the process of separating, the Commission must submit its debt claim to the employee's paying agency for collection as provided in 5 CFR 550.1104(l). Pursuant to 5 CFR 1101, the paying agency must certify the total amount of its collection and … | ||||
| 17:17:3.0.1.1.5.2.17.15 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.44 Interest, penalties, and administrative costs. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54132, Oct. 26, 2001] | Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 31 CFR 901.9. | ||||
| 17:17:3.0.1.1.5.2.17.2 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.31 Excluded debts or claims. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | This regulation does not apply to: (a) Debts or claims arising under the Internal Revenue Code of 1954 as amended (26 U.S.C. 1), or the tariff laws of the United States. (b) Any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute, such as travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108. | ||||
| 17:17:3.0.1.1.5.2.17.3 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.32 Definitions. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54131, Oct. 26, 2001; 76 FR 60372, Sept. 29, 2011] | The following definitions apply to this regulation: Chairman means the Chairman of the Securities and Exchange Commission. Commission means the Securities and Exchange Commission. Creditor agency means the agency to which the debt is owed. Debt means an amount owed to the United States from sources which include but are not necessarily limited to, erroneous payments made to employees such as overpayment of benefits, salary or other allowances; loans when insured or guaranteed by the United States; and other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayment, penalties, damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military Justice) and all other similar sources. Disposable pay means the amount that remains from an employee's federal pay after required deductions for federal, state and local income taxes; Social Security taxes, including Medicare taxes; federal retirement programs; premiums for life and health insurance benefits; and such other deductions that are required by law to be withheld. (See 5 CFR 581.105(b) through (f) for items required by law to be withheld, and therefore excluded from disposable pay for the purposes of this regulation.) Employee means a current employee of the Securities and Exchange Commission, or other agency, including an active duty member or reservist in the U.S. Armed Forces or a former employee (or former active duty member or Reservist in the Armed Forces) with a current pay account. FCCS means the Federal Claims Collection Standards jointly published by the Justice Department and the Department of the Treasury at 31 CFR parts 900-904. Hearing official means an individual responsible for conducting any hearing with respect to the existence or amount of a debt claimed, and who renders a decision on the basis of such hearing. A hearing official may not be under the Chairman's supervision or control, except that nothing in this regulation shall be c… | ||||
| 17:17:3.0.1.1.5.2.17.4 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.33 Pre-offset notice. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | A program official must provide an employee with written notice at least 30 calendar days prior to offseting his/her salary. A program official need not notify an employee of: any adjustment to pay arising out of an employee's election of coverage or a change in coverage under a Federal benefits program requiring periodic deductions from pay, it the amount to be recovered was accumulated over four pay periods or less; a routine intra-agency adjustment of pay that is made to correct an overpayment of pay attributable to clerical or administrative errors or delays in processing pay documents, if the overpayment occurred within the four pay periods preceding the adjustment and, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and point of contact for contesting such adjustment; or any adjustment to collect a debt amounting to $50 or less, if, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment. When required, the written notice must include the following: (a) The nature, origin and amount of the indebtedness determined by the Commission to be due; (b) The intention of the Commission to collect the debt through deductions from the employee's current disposable pay account; (c) The frequency and amount of the intended deductions (stated as a fixed dollar amount or as a percentage of pay, not to exceed 15 percent of disposable pay) and the intention to continue the deductions until the debt is paid in full or otherwise resolved; (d) An explanation of the Commission's policy concerning interest, penalties, and administrative costs, including a statement that such assessments must be made unless excused in accordance with the FCCS; (e) The employee's right to inspect and copy Commission records relating to the debt (if copies of such records are not atta… | ||||
| 17:17:3.0.1.1.5.2.17.5 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.34 Employee response. | SEC | [58 FR 38520, July 19, 1993, as amended at 76 FR 60372, Sept. 29, 2011] | (a) Introduction. An employee must respond to a pre-offset notice, if at all, within 15 calendar days following receipt, in one or more of the ways discussed in § 204.34, Employee response, and § 204.35, Petition for pre-offset hearing. Where applicable, the employee bears the burdens of proof and persuasion. (b) Responses must be submitted in writing to the program official who signed the pre-offset notice. A timely response will stay the commencement of collection by salary offset, at least until the issuance of a written decision. (See § 204.37, Extensions of time). Failure to submit a timely response will be treated as an admission of indebtedness, and will result in salary offset in accordance with the terms specified in the pre-offset notice. (c) A response filed after expiration of the 15 day period may be accepted if the employee can show that the delay was due to circumstances beyond his or her control or failure to receive notice of the time limit (unless otherwise aware of it). (d) Voluntary repayment agreement. An employee may request to enter into a voluntary written agreement for repayment of the debt in lieu of offset. It is within the discretion of the program official whether to enter into such an agreement, and if so, upon what terms. Voluntary deductions may exceed 15 percent of the employee's disposable pay. If an agreement is reached, the agreement must be in writing, and must be signed by both the employee and the program official. A signed copy must be sent to the Office of Financial Management. The program official shall notify the employee in writing of its decision not to accept the proposed voluntary repayment schedule before making any deductions from the employee's salary. (e) Waiver. Any request for waiver of the debt must be accompanied by evidence that the waiver is authorized by law. (f) Reconsideration. An employee may request reconsideration of the existence or amount of the debt or the offset schedule as reflected in the pre-offset notice. The request must be accom… | ||||
| 17:17:3.0.1.1.5.2.17.6 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.35 Petition for pre-offset hearing. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | (a) The employee may petition for a pre-offset hearing. The petition must state with specificity why the employee believes the agency's determination is in error. To the extent that a debt has not been established by judicial or administrative order, a debtor may request a pre-offset hearing concerning the existence or amount of the debt or the terms of repayment. With respect to debts established by a judicial or administrative order, a debtor may request a pre-offset hearing concerning the payment or other discharge of the debt. (b) The petition must fully identify and explain, with reasonable specificity, all the facts, evidence and witnesses, if any, that the employee believes support his or her position. The petition must be signed by the employee. | ||||
| 17:17:3.0.1.1.5.2.17.7 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.36 Granting of a pre-offset hearing. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54131, Oct. 26, 2001] | (a) If the employee timely requests a pre-offset hearing or the timeliness is waived, the program official must: (1) arrange for a hearing official. If the hearing official is an administrative law judge, he or she shall be designated by the Chief Administrative Law Judge as set forth in 17 CFR 200.310(a)(2); and (2) provide the hearing official with a copy of all records on which the determination of the debt and any involuntary repayment schedule are based. (b) The hearing official shall notify the employee by personal service, by first class, registered or certified mail, or by a reliable commercial courier or overnight delivery service whether the employee is entitled to an oral or “paper” ( i.e. , a review on the written record) hearing. (See 31 CFR 901.3(e).) Within 20 calendar days of receipt of this notice the employee shall provide the hearing official with a full description of all relevant facts, documentary evidence, and witnesses which the employee believes support his or her position. The hearing official may extend the time for the employee to respond to the notice for good cause shown. (c) If an oral hearing is scheduled, the hearing official shall notify the program official and the employee in writing of the date, time and location of the hearing. The place for the hearing shall be fixed by the hearing official with due regard for the public interest and the convenience and necessity of the parties, the participants, or their representatives. (d) If the employee is entitled to an oral hearing, but requests to have the hearing based only on the written submissions, the employee must notify the hearing official and the program official at least 3 calendar days before the date of the oral hearing. The hearing official may waive the 3-day requirement for good cause. (e) Failure of the employee to appear at the oral hearing may result in dismissal of the petition and affirmation of the program official's decision. | ||||
| 17:17:3.0.1.1.5.2.17.8 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.37 Extensions of time. | SEC | The hearing official may for good cause or in the interests of justice postpone the commencement of the hearing, adjourn a convened hearing for a reasonable period of time or extend or shorten any other time limits prescribed under this section. This extension is not intended to abridge the 30 day initial notice or extend the 60 day decision requirement other than as provided for in 5 CFR 550.1104(d)(10). | |||||
| 17:17:3.0.1.1.5.2.17.9 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | B | Subpart B—Salary Offset | § 204.38 Pre-offset hearing. | SEC | [58 FR 38520, July 19, 1993, as amended at 66 FR 54132, Oct. 26, 2001] | (a) The hearing official shall determine the form and content of hearings granted under this section, pursuant to 31 CFR 901.3(e). All oral hearings shall be on the record. Except as otherwise ordered by the hearing official, hearings shall be recorded or transcribed verbatim by shorthand, mechanical means, electronic sound recording, or any other method, subject to the discretion and approval of the hearing official, and a transcript thereof shall be made. (b) Oral hearings are informal in nature. The Commission, represented by an attorney from the Office of General Counsel, and accompanied by a program official and the employee, and/or the employee's representative, orally shall explain their respective positions using relevant documentation. The employee may testify on his or her own behalf, subject to cross examination. Other witnesses may be called to testify where the hearing official determines the testimony to be relevant and not redundant. The Federal Rules of Evidence serve as a guideline, but are not controlling. The employee bears the burdens of proof and persuasion. (c) The hearing official shall: (1) Conduct a fair and impartial hearing; (2) Preside over the course of the hearing, maintain decorum and avoid delay in the disposition of the hearing; and (3) Issue a decision in accordance with § 204.39, Written decision, on the basis of the oral hearing and the written record. (d) Oral hearings are normally open to the public. However, the hearing official may close all or any portion of the hearing at either the request of either party or upon the hearing official's initiative when doing so is in the best interest[s] of the employee or the public. (e) Oral hearings may be conducted by conference call at the request of the employee or at the discretion of the hearing official. (f) Pre-offset “paper” hearing. If a hearing is to be held only upon written submissions, the hearing official shall issue a decision based solely upon the written record. | ||||
| 17:17:3.0.1.1.5.3.17.1 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | § 204.50 Purpose. | SEC | [66 FR 54132, Oct. 26, 2001] | This subpart establishes procedures for the Commission's referral of past-due legally enforceable debts to the Department of the Treasury's Financial Management Service (FMS) for offset against the income tax refunds of the debtor. | ||||
| 17:17:3.0.1.1.5.3.17.2 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | § 204.51 [Reserved] | SEC | ||||||
| 17:17:3.0.1.1.5.3.17.3 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | § 204.52 Notification of intent to collect. | SEC | [58 FR 64372, Dec. 7, 1993, as amended at 66 FR 54132, Oct. 26, 2001; 66 FR 56383, Nov. 7, 2001] | (a) Notification before tax refund offset. Reduction of an income tax refund will be made only after the Commission makes a determination that an amount is owed and past-due and gives or makes a reasonable attempt to give the debtor 60 days written notice of the intent to collect by tax refund offset. (b) Contents of notice. The Commission's notice of intent to collect by tax refund offset (Notice of Intent) will state: (1) The amount of the debt; (2) That unless the debt is repaid within 60 days from the date of the Commission's Notice of Intent, the Commission intends to collect the debt by requesting a reduction of any amounts payable to the debtor as a Federal income tax refund by an amount equal to the amount of the debt and all accumulated interest and other charges; (3) A mailing address for forwarding any written correspondence and a contact name and a telephone number for any questions; and (4) That the debtor may present evidence to the Commission that all or part of the debt is not past due or legally enforceable by: (i) Sending a written request for a review of the evidence to the address provided in the notice; (ii) Stating in the request the amount disputed and the reasons why the debtor believes that the debt is not past due or is not legally enforceable; and (iii) Including in the request any documents that the debtor wishes to be considered or stating that the additional information will be submitted within the remainder of the 60-day period. (c) To the extent that a debt owed has not been established by judicial or administrative order, a debtor may dispute the existence or amount of the debt or the terms of repayment. With respect to debts established by a judicial or administrative order, Commission review will be limited to issues concerning the payment or other discharge of the debt. | ||||
| 17:17:3.0.1.1.5.3.17.4 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | § 204.53 [Reserved] | SEC | ||||||
| 17:17:3.0.1.1.5.3.17.5 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | § 204.54 Commission action as a result of consideration of evidence submitted in response to the notice of intent. | SEC | [58 FR 64372, Dec. 7, 1993, as amended at 66 FR 54132, Oct. 26, 2001] | (a) Consideration of evidence. If, as a result of the Notice of Intent, the Commission receives notice that the debtor will submit additional evidence or receives additional evidence from the debtor within the prescribed time period, tax refund offset will be stayed until the Commission can: (1) Consider the evidence presented by the debtor; and (2) Determine whether or not all or a portion of the debt is still past due and legally enforceable; and (3) Notify the debtor of its determination. (b) Commission action on the debt. (1) The Commission will notify the debtor of its intent to refer the debt to the IRS for offset against the debtor's Federal income tax refund if it sustains its decision that the debt is past-due and legally enforceable. The Commission will also notify the debtor whether the amount of the debt remains the same or is modified; and (2) The Commission will not refer the debt to the IRS for offset against the debtor's Federal income tax refund if it reverses its decision that the debt is past due and legally enforceable. | ||||
| 17:17:3.0.1.1.5.3.17.6 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | § 204.55 Change in notification to Financial Management Service. | SEC | [66 FR 54132, Oct. 26, 2001] | After the Commission sends FMS notification of an individual's liability for a debt, the Commission will promptly notify FMS of any change in the notification, if the Commission: (a) Determines that an error has been made with respect to the information contained in the notification; (b) Receives a payment or credits a payment to the account of the debtor named in the notification that reduces the amount of the debt referred to FMS for offset; or (c) If the debt amount is otherwise incorrect, except that the amount of a debt referred to FMS will not be increased unless the Commission has complied with the due process requirements of this subpart and the Federal Claims Collection Standards as to the amount of the increase. | ||||
| 17:17:3.0.1.1.5.3.17.7 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | § 204.56 Administrative charges. | SEC | [66 FR 54132, Oct. 26, 2001] | To the extent permitted by law, all administrative charges incurred in connection with the referral of the debts for tax refund offset will be assessed on the debt and thus increase the amount of the offset. | ||||
| 17:17:3.0.1.1.5.3.17.8 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | C | Subpart C—Tax Refund Offset | §§ 204.57-204.59 [Reserved] | SEC | ||||||
| 17:17:3.0.1.1.5.4.17.1 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | D | Subpart D—Administrative Wage Garnishment | § 204.60 Purpose. | SEC | This subpart provides procedures for the Commission to collect money from a debtor's disposable pay by means of administrative wage garnishment to satisfy a delinquent nontax debt owed to the United States. | |||||
| 17:17:3.0.1.1.5.4.17.2 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | D | Subpart D—Administrative Wage Garnishment | § 204.61 Scope. | SEC | (a) The receipt of payments pursuant to this subpart does not preclude the Commission from pursuing other debt collection remedies, including the offset of Federal payments to satisfy a delinquent nontax debt owed to the United States. The Commission may pursue such debt collection remedies separately or in conjunction with administrative wage garnishment. (b) This subpart does not apply to the collection of delinquent nontax debt owed to the United States from the wages of Federal employees from their Federal employment. Federal pay is subject to the Federal salary offset procedures set forth in 5 U.S.C. 5514 and other applicable laws. | |||||
| 17:17:3.0.1.1.5.4.17.3 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | D | Subpart D—Administrative Wage Garnishment | § 204.62 Definitions. | SEC | The following definitions apply to this subpart: Debt or delinquent nontax debt means any money, funds or property that has been determined to be owed to the Commission by an individual that has not been paid by the date specified in the demand or order for payment, or applicable agreement. For purposes of this subpart, the terms “debt” and “claim” are synonymous. Disposable pay means that part of the debtor's compensation (including, but not limited to, salary, bonuses, commissions, and vacation pay) from an employer remaining after the deduction of health insurance premiums and any amounts required by law to be withheld. For purposes of this subpart, “amounts required by law to be withheld” include amounts for deductions such as social security taxes and withholding taxes, but do not include any amount withheld pursuant to a court order. Employer means a person or entity that employs the services of others and that pays their wages or salaries. The term employer includes, but is not limited to, State and local Governments, but does not include an agency of the Federal Government. Garnishment means the process of withholding amounts from an employee's disposable pay and the paying of those amounts to a creditor in satisfaction of a withholding order. Withholding order means any order for withholding or garnishment of pay issued by an agency, or judicial or administrative body. For purposes of this subpart, the terms “wage garnishment order” and “garnishment order” have the same meaning as “withholding order.” | |||||
| 17:17:3.0.1.1.5.4.17.4 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | D | Subpart D—Administrative Wage Garnishment | § 204.63 Notice. | SEC | (a) At least 30 days before the initiation of garnishment proceedings, the Commission will mail, by first class mail to the debtor's last known address, a written notice informing the debtor of: (1) The nature and amount of the debt; (2) The Commission's intention to initiate proceedings to collect the debt through deductions from pay until the debt and all accumulated interest, penalties and administrative costs are paid in full; and (3) An explanation of the debtor's rights, including those set forth in paragraph (b) of this section, and the time frame within which the debtor may exercise these rights. (b) The debtor will be afforded the opportunity: (1) To inspect and copy records related to the debt; (2) To enter into a written repayment agreement with the Commission, under terms agreeable to the Commission; and (3) To the extent that a debt owed has not been established by judicial or administrative order, to request a hearing concerning the existence or amount of the debt or the terms of the debt's repayment schedule. With respect to debts established by a judicial or administrative order, a debtor may request a hearing concerning the payment or other discharge of the debt. The debtor is not entitled to a hearing concerning the terms of the proposed repayment schedule if these terms have been established by written agreement under paragraph (b)(2) of this section. (c) The notice required by this section may be included with the Commission's demand letter required by subpart A of this part. (d) The Commission will keep a copy of the certificate of service indicating the date of mailing of the notice. | |||||
| 17:17:3.0.1.1.5.4.17.5 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | D | Subpart D—Administrative Wage Garnishment | § 204.64 Hearing. | SEC | (a) Request for hearing. The Commission will order a hearing, which at the Commission's option may be oral or written, if the debtor submits a written request for a hearing concerning, for debts not previously established by judicial or administrative order, the existence or amount of the debt or the terms of the repayment schedule (for repayment schedules established other than by written agreement under § 204.63(b)(2)), or for debts established by judicial or administrative order, the payment or other discharge of the debt. (b) Type of hearing or review. (1) For purposes of this subpart, whenever the Commission is required to afford a debtor a hearing, the Commission will provide the debtor with a reasonable opportunity for an oral hearing when the Commission determined that the issues in dispute cannot be resolved by review of the documentary evidence, for example, when the validity of the claim turns on the issue of credibility or veracity. (2) If the Commission determines that an oral hearing is appropriate, the time and location of the hearing shall be established by the Commission. An oral hearing may, at the debtor's option, be conducted either in-person or by telephone conference. All travel expenses incurred by the debtor in connection with an in-person hearing will be borne by the debtor. All telephonic charges incurred during the hearing will be the responsibility of the agency. (3) In those cases when an oral hearing is not required by this section, the Commission will nevertheless accord the debtor a “paper hearing,” that is, the Commission will decide the issues in dispute based upon a review of the written record. (c) Effect of timely request. Subject to paragraph (l) of this section, if the debtor's written request is received by the Commission on or before the 15th business day following the mailing of the notice of the Commission's intent to seek garnishment, the Commission will not issue a withholding order until the debtor has been provided the requested hearing, and a decision in a… | |||||
| 17:17:3.0.1.1.5.4.17.6 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | D | Subpart D—Administrative Wage Garnishment | § 204.65 Wage garnishment order. | SEC | (a) Unless the Commission receives information that the Commission believes justifies a delay or cancellation of the withholding order, the Commission will send, by first class mail, a withholding order to the debtor's employer within 30 days after the debtor fails to make a timely request for a hearing ( i.e. , within 15 business days after the mailing of the notice of the Commission's intent to seek garnishment) or, if a timely request for a hearing is made by the debtor, within 30 days after a decision to issue a withholding order becomes final. (b) The withholding order sent to the employer will be in the form prescribed by the Secretary of the Treasury, on the Commission's letterhead, and signed by the Chairperson or his or her delegatee. The order will contain the information necessary for the employer to comply with the withholding order. This information includes the debtor's name, address, and social security number, as well as instructions for withholding and information as to where payments should be sent. (c) The Commission will keep a copy of the certificate of service indicating the date of mailing of the order. (d) Certification by employer. Along with the withholding order, the Commission will send to the employer a certification in a form prescribed by the Secretary of the Treasury. The employer shall complete and return the certification to the Commission within the time frame prescribed in the instructions to the form. The certification will address matters such as information about the debtor's employment status and disposable pay available for withholding. (e) Amounts withheld. (1) After receipt of the garnishment order issued under this section, the employer shall deduct from all disposable pay paid to the applicable debtor during each pay period the amount of garnishment described in paragraph (e)(2) of this section. (2) Subject to the provisions of paragraphs (e)(3) and (e)(4) of this section, the amount of garnishment shall be the lesser of: (i) The amount indicated on the garni… | |||||
| 17:17:3.0.1.1.5.5.17.1 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | E | Subpart E—Miscellaneous: Credit Bureau Reporting, Collection Services | § 204.75 Collection services. | SEC | Section 13 of the Debt Collection Act (31 U.S.C. 3718) authorizes agencies to enter into contracts for collection services to recover debts owed the United States. The Act requires that certain provisions be contained in such contracts, including: (a) The agency retains the authority to resolve a dispute, including the authority to terminate a collection action or refer the matter to the Attorney General for civil remedies; and (b) The contractor is subject to the Privacy Act of 1974, as it applies to private contractors, as well as subject to State and Federal laws governing debt collection practices. | |||||
| 17:17:3.0.1.1.5.5.17.2 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | E | Subpart E—Miscellaneous: Credit Bureau Reporting, Collection Services | § 204.76 Use of credit bureau or consumer reporting agencies. | SEC | [58 FR 64373, Dec. 7, 1993, as amended at 66 FR 54135, Oct. 26, 2001] | (a) The Commission may report delinquent debts to consumer reporting agencies (See 31 U.S.C. 3701(a)(3), 3711). Sixty days prior to release of information to a consumer reporting agency, the debtor shall be notified, in writing, of the intent to disclose the existence of the debt to a consumer reporting agency. Such notice of intent may be a separate correspondence or included in correspondence demanding direct payment. The notice shall be in conformance with 31 U.S.C. 3711(e) and the Federal Claims Collection Standards. The Commission shall provide, in this notice, the debtor with: (1) An opportunity to inspect and copy agency records pertaining to the debt; (2) An opportunity for an administrative review of the legal enforceability or past due status of the debt; (3) An opportunity to enter into a repayment agreement on terms satisfactory to the Commission to prevent the Commission from reporting the debt as overdue to consumer reporting agencies, and provide deadlines and method for requesting this relief; (4) An explanation of the rate of interest that will accrue on the debt, that all costs incurred to collect the debt will be charged to the debtor, the authority for assessing these costs, and the manner in which the Commission will calculate the amount of these cost; (5) An explanation that the Commission will report the debt to the consumer reporting agencies to the detriment of the debtor's credit rating; and (6) A description of the collection actions that the agency may take in the future if those presently proposed actions do not result in repayment of the loan obligation, including the filing of a lawsuit against the borrower by the agency and assignment of the debt for collection by offset against Federal income tax refunds or the filing of a lawsuit against the debtor by the Federal Government. (b) The information that may be disclosed to the consumer reporting agency is limited to: (1) The debtor's name, address, social security number or taxpayer identification number, and any other inform… | ||||
| 17:17:3.0.1.1.5.5.17.3 | 17 | Commodity and Securities Exchanges | II | 204 | PART 204—RULES RELATING TO DEBT COLLECTION | E | Subpart E—Miscellaneous: Credit Bureau Reporting, Collection Services | § 204.77 Referrals to collection agencies. | SEC | [58 FR 64373, Dec. 7, 1993, as amended at 66 FR 54135, Oct. 26, 2001] | (a) The Commission has authority to contract for collection services to recover delinquent debts in accordance with 31 U.S.C. 3718(a) and the Federal Claims Collection Standards (31 CFR 901.5). (b) The Commission will use private collection agencies where it determines that their use is in the best interest of the Government. Where the Commission determines that there is a need to contract for collection services, the contract will provide that: (1) The authority to resolve disputes, compromise claims, suspend or terminate collection action, or refer the matter to the Department of Justice for litigation or to take any other action under this part will be retained by the Commission; (2) Contractors are subject to the Privacy Act of 1974, as amended, to the extent specified in 5 U.S.C. 552a(m) and to applicable Federal and State laws and regulations pertaining to debt collection practices, such as the Fair Debt Collection Practices Act, 15 U.S.C. 1692; (3) The contractor is required to strictly account for all amounts collected; (4) The contractor must agree that uncollectible accounts shall be returned with appropriate documentation to enable Commission to determine whether to pursue collection through litigation or to terminate collection; and (5) The contractor must agree to provide any data in its files requested by the Commission upon returning the account to the Commission for subsequent referral to the Department of Justice for litigation. | ||||
| 20:20:1.0.2.8.5.0.155.1 | 20 | Employees' Benefits | II | B | 204 | PART 204—EMPLOYMENT RELATION | § 204.1 Introduction. | SSA | In order for an individual to receive credit under the Railroad Retirement Act (Act) for railroad service prior to 1937, he or she must establish that he or she was actively working for an employer under the Act on August 29, 1935, or was in an employment relation to an emp]oyer on that date. Section 204.3 of this part defines employment relation for purposes of establishing prior service. It is also necessary to establish an employment relation to an employer for any month in which an individual wishes to receive a deemed service month, as provided for in § 210.3 of this chapter, and to receive credit for pay for time lost as provided for in § 211.3 of this chapter. This part defines employment relation for these purposes. See §§ 204.5 and 204.6. In addition, in order for an individual to have his or her service to a local lodge or division of a railway labor organization considered as creditable service under the Act, he or she must establish that he or she was working for a railroad or in an employment relation to a railroad on or after August 29, 1935, and that such employment or employment relation preceded his or her service to the local lodge or division. Section 204.7 defines employment relation for this purpose. | ||||||
| 20:20:1.0.2.8.5.0.155.2 | 20 | Employees' Benefits | II | B | 204 | PART 204—EMPLOYMENT RELATION | § 204.2 Employment relation—determination by the Board. | SSA | The existence or non-existence of an employment relation, as defined in this part, is a conclusion which must be reached by the Board or its authorized officers or employees upon the basis of the evidence before the agency. The employer and the employee are the principal sources of evidence with respect to a determination whether an employment relation existed, but the Board will not be bound by the mere conclusion of the employer or the employee that the employee had or did not have an employment relation. | ||||||
| 20:20:1.0.2.8.5.0.155.3 | 20 | Employees' Benefits | II | B | 204 | PART 204—EMPLOYMENT RELATION | § 204.3 Employment relation—prior service. | SSA | An individual shall have an employment relation to an employer on August 29, 1935, for purposes of crediting service prior to January 1, 1937, if: (a) He or she was in the service of an employer on that date; or (b) He or she was on that date on 1eave of absence expressly granted by the employer or by a duly authorized representative of such employer, but only if such leave of absence was established to the satisfaction of the Board before July 1947; or (c) He or she was in the service of an employer after that date and before January 1946, in each of six calendar months, whether or not consecutive; or (d) Before that date he or she did not retire and was not retired or discharged from the service of the last employer by whom he or she was employed, but solely by reason of a physical or mental disability he or she ceased before August 29, 1935, to be in the service of such employer and thereafter remained continuously disabled until he or she attained age sixty-five or until August 1945; or (e) Solely for the reason stated in paragraph (c) of this section an employer by whom he or she was employed before August 29, 1935, did not on or after August 29, 1935, and before August 1945, call him or her to return to service, or if he or she were called to return to service he or she for such reason was unable to render service in six calendar months as provided in paragraph (b) of this section; or (f) He or she was on August 29, 1935, absent from the service of an employer by reason of a discharge which, within one year after the effective date thereof, was protested to an appropriate labor representative or to the employer, as wrongful, and which was followed within ten years of the effective date thereof by his or her reinstatement in good faith to his or her former service with all his or her seniority rights. | ||||||
| 20:20:1.0.2.8.5.0.155.4 | 20 | Employees' Benefits | II | B | 204 | PART 204—EMPLOYMENT RELATION | § 204.4 Conditions which preclude an employment relation. | SSA | (a) An individual shall not have been on August 29, 1935, an employee by reason of an employment relation if, during the last payroll period in which he or she rendered service to an employer prior to that date, such service was rendered outside of the United States to an employer not conducting the principal part of its business in the United States. (b) An individual may not acquire an employment relation solely by virtue of service to a local lodge or division of a railway labor organization. | ||||||
| 20:20:1.0.2.8.5.0.155.5 | 20 | Employees' Benefits | II | B | 204 | PART 204—EMPLOYMENT RELATION | § 204.5 Employment relation—deemed service. | SSA | For the purpose of crediting deemed service months as provided in § 210.3(b) of this chapter, an individual must have maintained an employment relation to one or more employers in the month or months to be deemed. For that purpose an employment relation exists with respect to any month in which an individual, although not in the active service of an employer, is on furlough subject to recall by an employer, is on a bona fide leave of absence, has not been retired or discharged but was by reason of continuous disability unable to return to service, or was not in active service because of a discharge later determined to be wrongful. However, an employment relation with respect to an employer ceases after an individual has resigned or relinquished his or her rights to return to the service of that employer or after the individual becomes entitled to receive an annuity under the Railroad Retirement Act. | ||||||
| 20:20:1.0.2.8.5.0.155.6 | 20 | Employees' Benefits | II | B | 204 | PART 204—EMPLOYMENT RELATION | § 204.6 Employment relation—pay for time lost. | SSA | For the purpose of crediting pay for time lost as provided in § 211.3 of this chapter, an individual must have maintained an employment relation to one or more employers in the month or months to be credited with pay for time lost. For that purpose an employment relation exists with respect to any month in which an individual, although not in the active service of an employer, is on furlough subject to recall by an employer, is on a bona fide leave of absence, has not been retired or discharged but was by reason of continuous disability unable to return to service, or was not in active service because of a discharge later determined to be wrongful. However, an employment relation with respect to an employer ceases after an individual has resigned or relinquished his or her rights to return to the service of that employer. | ||||||
| 20:20:1.0.2.8.5.0.155.7 | 20 | Employees' Benefits | II | B | 204 | PART 204—EMPLOYMENT RELATION | § 204.7 Employment relation—service to a local lodge or division of a railway labor organization. | SSA | Service by an individual to a local lodge or division of a railway labor organization shall be creditable under the Railroad Retirement Act only if, prior to such service, and on or after August 29, 1935, such individual performed compensated service for a carrier employer under part 202 of this chapter or was in an employment relation to such a carrier employer under the rules set forth in § 204.3 of this part. | ||||||
| 24:24:2.1.1.2.5.0.121.1 | 24 | Housing and Urban Development | II | B | 204 | PART 204—COINSURANCE | § 204.1 Termination of program. | HUD | [59 FR 39957, Aug. 5, 1994] | Effective December 29, 1994, of final rule the authority to coinsure mortgages under this part is terminated, except that the Department will honor legally binding and validly issued borrower approvals issued by lenders before the termination date. This part 204, as it existed immediately before the termination date, will continue to govern the rights and obligations of coinsured lenders, mortgagors, and the Department of Housing and Urban Development with respect to loans coinsured under this part. | |||||
| 40:40:27.0.1.2.10.1.17.1 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.1 General applicability. | EPA | The provisions of this subpart are applicable to all products for which regulations have been published under this part and which are manufactured after the effective date of such regulations. | ||||
| 40:40:27.0.1.2.10.1.17.2 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.2 Definitions. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57711, Dec. 28, 1982] | (a) As used in this subpart, all terms not defined herein shall have the meaning given them in the Act. (1) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86 Stat. 1234). (2) Administrator means the Administrator of the Environmental Protection Agency or his authorized representative. (3) Agency means the United States Environmental Protection Agency. (4) Export exemption means an exemption from the prohibitions of section 10 (a) (1), (2), (3), and (4) of the Act, granted by statute under section 10(b)(2) of the Act for the purpose of exporting regulated products. (5) National security exemption means an exemption from the prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which may be granted under section 10(b)(1) of the Act for the purpose of national security. (6) [Reserved] (7) Testing exemption means an exemption from the prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which may be granted under section 10(b)(1) of the Act for the purpose of research, investigations, studies, demonstrations, or training, but not including national security where lease or sale of the exempted product is involved. (8) Warranty means the warranty required by section 6(c)(1) of the Act. (9) Tampering means those acts prohibited by section 10(a)(2) of the Act. (10) Maintenance instructions means those instructions for maintenance, use, and repair, which the Administrator is authorized to require pursuant to section 6(c)(1) of the Act. (11) Type I Sound Level Meter means a sound level meter which meets the Type I requirements of American National Standard Specification S1.4-1971 for sound level meters. This publication is available from the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018. (12) dBA is the standard abbreviation for A-weighted sound level in decibels. (13) Reasonable assistance means providing timely and unobstructed access to test products or products and records required by this part and opportunity f… | |||
| 40:40:27.0.1.2.10.1.17.3 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.3 Number and gender. | EPA | As used in this part, words in the singular shall be deemed to import the plural, and words in the masculine gender shall be deemed to import the feminine and vice versa, as the case may require. | ||||
| 40:40:27.0.1.2.10.1.17.4 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.4 Inspection and monitoring. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 43 FR 27989, June 28, 1978; 47 FR 57711, Dec. 28, 1982] | (a) Any inspection or monitoring activities conducted under this section shall be for the purpose of determining (1) whether test products are being selected and prepared for testing in accordance with the provisions of these regulations, (2) whether test product testing is being conducted in accordance with these regulations, and (3) whether products being produced for distribution into commerce comply with these regulations. (b) The Director, Noise Enforcement Division, may request that a manufacturer subject to this part admit an EPA Enforcement Officer during operating hours to any of the following: (1) Any facility or site where any product to be distributed into commerce is manufactured, assembled, or stored; (2) Any facility or site where any tests conducted pursuant to this part or any procedures or activities connected with such tests are or were performed; and (3) Any facility or site where any test product is present. (c)(1) An EPA Enforcement Officer, once admitted to a facility or site, will not be authorized to do more than: (i) To inspect and monitor test product manufacture and assembly, selection, storage, preconditioning, noise emission testing, and maintenance, and to verify correlation or calibration of test equipment; (ii) To inspect products prior to their distribution in commerce; (iii) [Reserved] (iv) To inspect and photograph any part or aspect of any such product and any component used in the assembly thereof that are reasonably related to the purpose of his entry; (v) To obtain from those in charge of the facility or site such reasonable assistance as he may request to enable him to carry out any proper function listed in this section. (2) [Reserved] (3) The provisions of this section apply whether the facility or site is owned or controlled by the manufacturer or by one who acts for the manufacturer. (d) For purposes of this section: (1) An “EPA Enforcement Officer” is an employee of the EPA Office of Enforcement who displays upon arrival at a facility or site the credent… | |||
| 40:40:27.0.1.2.10.1.17.5 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.5 Exemptions. | EPA | |||||
| 40:40:27.0.1.2.10.1.17.6 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.5-1 Testing exemption. | EPA | [47 FR 57711, Dec. 28, 1982] | (a) A new product intended to be used solely for research, investigations, studies, demonstrations or training, and so labeled or marked on the outside of the container and on the product itself, shall be exempt from the prohibitions of sections 10(a) (1), (2), (3), and (5) of the Act. (b) No request for a testing exemption is required. (c) For purposes of section 11(d) of the Act any testing exemption shall be void ab initio with respect to each new product, originally intended for research, investigations, studies, demonstrations, or training, but distributed in commerce for other uses. | |||
| 40:40:27.0.1.2.10.1.17.7 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.5-2 National security exemptions. | EPA | [47 FR 57711, Dec. 28, 1982] | (a) A new product which is produced to conform with specifications developed by a national security agency, and so labeled or marked on the outside of the container and on the product itself, shall be exempt from the prohibitions of sections 10(a) (1), (2), (3), and (4) of the Act. (b) No request for a national security exemption is required. (c) For purposes of section 11(d) of the Act, any national security exemption shall be void ab initio with respect to each new product, originally intended to be produced to conform with specifications developed by a national security agency but distributed in commerce for other uses. (d) Any manufacturer or person subject to the liabilities of section 11(a) with respect to any product originally intended for a national security agency, but distributed in commerce for use in any State, may be excluded from the application of section 11(a) with respect to such product based upon a showing that such manufacturer: (1) Had no knowledge of such product being distributed in commerce for use in any state; and (2) Made reasonable efforts to ensure that such products would not be distributed in commerce for use in any State. Such reasonable efforts would include investigation, prior dealings, contract provisions, etc. | |||
| 40:40:27.0.1.2.10.1.17.8 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | A | Subpart A—General Provisions | § 204.5-3 Export exemptions. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61454, Dec. 5, 1977. Redesignated at 47 FR 57711, Dec. 28, 1982] | (a) A new product intended solely for export, and so labeled or marked on the outside of the container and on the product itself, shall be exempt from the prohibitions of section 10(a), (1), (2), (3), and (4) of the Act. (b) No request for an export exemption is required. (c) For purposes of section 11(d) of the Noise Control Act, any export exemption under section 10(b)(2) shall be void ab initio with respect to each new product intended solely for export which is distributed in commerce for use in any state. (d) The Administrator will not institute proceedings against any manufacturer pursuant to section 11(d)(1) of the Noise Control Act with respect to any product, originally intended for export, but distributed in commerce for use in any state, if it is demonstrated to the Administrator's satisfaction that: (1) The manufacturer had no knowledge that such product would be distributed in commerce for use in any state; and (2) The manufacturer made reasonable efforts to ensure that such product would not be distributed in commerce for use in any state. Such reasonable efforts would include consideration of prior dealings with any person which resulted in introduction into commerce of a product manufactured for export only, investigation of prior instances known to the manufacturer of introduction into commerce of a product manufactured for export only, and contract provisions which minimize the probability of introduction into commerce of a product manufactured for export only. | |||
| 40:40:27.0.1.2.10.2.17.1 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.50 Applicability. | EPA | The provisions of this subpart shall apply to portable air compressors which are manufactured after the effective dates specified in § 204.52, and which are “New Products” as defined in the Act. These provisions apply only to portable air compressors with a rated capacity equal to or above 75 cubic feet per minute which deliver air at pressures greater than 50 psig. The provisions do not apply to the pneumatic tools or equipment that the portable air compressor is designed to power. | ||||
| 40:40:27.0.1.2.10.2.17.10 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.56 Testing by the Administrator. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977] | (a)(1) The Administrator may require that any compressor tested or scheduled to be tested pursuant to these regulations or any other untested compressors be submitted to him, at such place and time as he may designate, for the purpose of conducting tests in accordance with the test procedures described in § 204.54 to determine whether such compressors conform to applicable regulations. (2) The Administrator may specify that he will conduct such testing at the manufacturer's facility, in which case instrumentation and equipment of the type required by these regulations shall be made available by the manufacturer for test operations. The Administrator may conduct such tests with his own equipment, which shall be equal to or exceed the performance specifications of the instrumentation or equipment specified by the Administrator in these regulations. (b)(1) If, based on tests conducted by the Administrator or other relevant information, the Administrator determines that the test facility does not meet the requirements of § 204.54-1 (a) and (b) he will notify the manufacturer in writing of his determination and the reasons therefor. (2) The manufacturer may at any time within 15 days after receipt of a notice issued under paragraph (b)(1) of this section request a hearing conducted in accordance with 5 U.S.C. 554 on the issue of whether his test facility was in conformance. Such notice will not take effect until 15 days after receipt by the manufacturer, or if a hearing is requested under this paragraph, until adjudication by the hearing examiner. (3) After any notification issued under paragraph (b)(1) of this section has taken effect, no data thereafter derived from such test facility will be acceptable for purposes of this part. (4) The manufacturer may request in writing that the Administrator reconsider this determination under paragraph (b)(1) of this section based on data or information which indicates that changes have been made to the test facility and such changes have resolved the reasons for disqualif… | |||
| 40:40:27.0.1.2.10.2.17.11 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57 Selective enforcement auditing. | EPA | |||||
| 40:40:27.0.1.2.10.2.17.12 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-1 Test request. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 42 FR 61455, Dec. 5, 1977; 47 FR 57712, Dec. 28, 1982] | (a) The Administrator will request all testing under this subpart by means of a test request addressed to the manufacturer. (b) [Reserved] (c) The test request will specify the compressor category or configuration selected for testing, the batch from which sampling is to begin, for testing and the batch size, the manufacturer's plant or storage facility from which the compressors must be selected, and the time at which compressors must be selected. The test request will also provide for situations in which the selected configuration or category is unavailable for testing. The test request may include an alternative category or configuration selected for testing in the event that compressors of the first specified category or configuration are not available for testing because the compressors are not being manufactured at the specified plant and/or are not being manufactured during the specified time or not being stored at the specified plant or storage facility. (d) Any manufacturer shall, upon receipt of the test request, select and test a batch sample of compressors from two consecutively produced batches of the compressor category or configurations specified in the test request in accordance with these regulations and the conditions specified in the test request. (e)(1) Any testing conducted by the manufacturer pursuant to a test request shall be initiated within such period as is specified in the test request; Except, that such initiation may be delayed for increments of 24 hours or one business day where ambient test site weather conditions in any 24-hour period do not permit testing: Provided, That ambient test site weather conditions for that period are recorded. (2) The manufacturer shall complete noise emission testing on a minimum of five compressors per day, unless otherwise provided for by the Administrator or unless ambient test site conditions only permit the testing of a lesser number: Provided, That ambient test site weather conditions for that period are recorded. (3) The manufacturer w… | |||
| 40:40:27.0.1.2.10.2.17.13 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-2 Test compressor sample selection. | EPA | (a) Compressors comprising the batch sample which are required to be tested pursuant to a test request in accordance with this subpart will be randomly selected from a batch of compressors of the category or configuration specified in the test request. The random selection will be achieved by sequentially numbering all of the compressors in the batch and then using a table of random numbers to select the number of compressors, as specified in paragraph (c) of this section, based on the batch size designated by the Administrator in the test request. An alternative selection plan may be used by a manufacturer: Provided, That such a plan is approved by the Administrator. (b) The Acceptable Quality Level is 10 percent. The appropriate sampling plans associated with the designated AQL are contained in Appendix I, Table II. (c) The appropriate batch sample size will be determined by reference to Appendix I, Tables I and II. A code letter is obtained from Table I based on the batch size designated by the Administrator in a test request. The batch sample size will be equal to the maximum cumulative sample size as listed in Table II for the appropriate code letter obtained from Table I plus an additional ten percent rounded off to the next highest number. (d) Individual compressors comprising the test sample will be randomly selected from the batch sample using the same random selection plan as in paragraph (a) of this section. Test sample size will be determined by entering Table II. (e) The test compressor of the category or configuration selected for testing shall have been assembled by the manufacturer for distribution in commerce using the manufacturers normal production process. (f) Unless otherwise indicated in the test request, the manufacturer will select the batch sample from the production batch next scheduled after receipt of the test request of the category or configuration specified in the test request. (g) Unless otherwise indicated in the test request, the manufacturer shall select the compressors … | ||||
| 40:40:27.0.1.2.10.2.17.14 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-3 Test compressor preparation. | EPA | [47 FR 57712, Dec. 28, 1982] | (a) Prior to the official test, the test compressor selected in accordance with § 204.57-2 shall not be prepared, tested, modified, adjusted, or maintained in any manner unless such adjustments, preparations, modifications and/or tests are part of the manufacturer's prescribed manufacturing and inspection procedures and are documented in the manufacturer's internal compressor assembly and inspection procedures or unless such adjustments and/or tests are required or permitted under this subpart or are approved in advance by the Administrator. The manufacturer may perform adjustments, preparations, modifications and/or tests normally performed by a dealer to prepare the compressor for delivery to a customer or the adjustments, preparations, modifications and/or tests normally performed at the port-of-entry by the manufacturer to prepare the compressor for delivery to a dealer or customer. (b) Equipment of fixtures necessary to conduct the test may be installed on the compressor: Provided, That such equipment of fixtures shall have no effect on the noise emissions of the compressor, as determined by the appropriate measurement methodology. (c) In the event of compressor manfunction ( i.e. , failure to start, misfiring cylinder, etc.), the manufacturer may perform the maintenance necessary to enable the compressor to operate in a normal manner. (d) No quality control, testing, assembly, or selection procedures shall be used on the completed test compressor or any portion thereof, including parts and subassemblies, that will not normally be used during the production and assembly of all other compressors of that category which will be distributed in commerce, unless such procedures are required or permitted under this subpart or are approved in advance by the Administrator. | |||
| 40:40:27.0.1.2.10.2.17.15 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-4 Testing. | EPA | (a) The manufacturer shall conduct one valid test in accordance with the test procedures specified in § 204.54 for each compressor selected for testing pursuant to this subpart. (b) No maintenance will be performed on test compressors, except as provided for by § 204.57-3. In the event a compressor is unable to complete the emission test, the manufacturer may replace the compressor. Any replacement compressor will be a production compressor of the same configuration, and the replacement compressor will be randomly selected from the batch sample and will be subject to all the provisions of these regulations. | ||||
| 40:40:27.0.1.2.10.2.17.16 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-5 Reporting of test results. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 43 FR 38705, Aug. 30, 1978] | (a)(1) The manufacturer shall submit a copy of the test report for all testing conducted pursuant to § 204.57 at the conclusion of each twenty-four hour period during which testing is done. (2) For each test conducted the manufacturer will provide the following information: (i) Configuration and category identification, where applicable. (ii) Year, make, assembly date, and model of compressor. (iii) Compressor serial number. (iv) Test results by serial numbers (3) The first test report for each batch sample will contain a listing of all serial numbers in that batch. (b) In the case where an EPA Enforcement Officer is present during testing required by this subpart, the written reports requested in paragraph (a) of this section may be given directly to the Enforcement Officer. (c) Within five days after completion of testing of all compressors in a batch sample, the manufacturer shall submit to the Administrator a final report which will include the information required by the test request in the format as stipulated, in addition to the following: (1) The name, location, and description of the manufacturer's noise test facilities which meet the specifications of § 204.54 and were utilized to conduct testing reported pursuant to this section; except, that a test facility that has been described in a previous submission under this subpart need not be described again but must be identified as such. (2) A description of the random compressor selection method used, referencing any tables of random numbers that were used, and the name of the person in charge of the random number selection. (3) The following information for each test conducted: (i) The completed data sheet required by § 204.54 for all noise emission tests including, for each invalid test, the reason for invalidation. (ii) A complete description of any modification, repair, preparation, maintenance, and/or testing which was performed on the test compressor and will not be performed on all other production compressors. (iii) The reason for th… | |||
| 40:40:27.0.1.2.10.2.17.17 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-6 Acceptance and rejection of batches. | EPA | (a) A failing compressor is one whose measured sound level is in excess of the applicable noise emission standard. (b) The batch from which a batch sample is selected will be accepted or rejected based upon the number of failing compressors in the batch sample. A sufficient number of test samples will be drawn from the batch sample until the cumulative number of failing compressors is less than or equal to the acceptance number or greater than or equal to the rejection number appropriate for the cumulative number of compressors tested. The acceptance and rejection numbers listed in Appendix I, Table II at the appropriate code letter obtained according to § 204.57-2 will be used in determining whether the acceptance or rejection of a batch has occurred. (c) Acceptance or rejection of a batch takes place when a decision is made on the last compressor required to make a decision under paragraph (b) of this section. | ||||
| 40:40:27.0.1.2.10.2.17.18 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-7 Acceptance and rejection of batch sequence. | EPA | (a) The manufacturer will continue to inspect consecutive batches until the batch sequence is accepted or rejected. The batch sequence will be accepted or rejected based upon the number of rejected batches. A sufficient number of consecutive batches will be inspected until the cumulative number of rejected batches is less than or equal to the sequence acceptance number or greater than or equal to the sequence rejection number appropriate for the cumulative number of batches inspected. The acceptance and rejection numbers listed in Appendix I, Table III at the appropriate code letter obtained according to § 204.57-2 will be used in determining whether the acceptance or rejection of a batch sequence has occurred. (b) Acceptance or rejection of a batch sequence takes places when the decision is made on the last compressor required to make a decision under paragraph (a) of this section. (c) If the batch sequence is accepted, the manufacturer will not be required to perform any additional testing on compressors from subsequent batches pursuant to the initiating test request. (d) The Administrator may terminate testing earlier than required in paragraph (b) of this section based on a request by the manufacturer accompanied by voluntary cessation of distribution in commerce, from all plants, of compressors from the configuration in question: Provided, That once production is reinitiated, the manufacturer must take the action described in § 204.57-9 (a)(1) and (a)(2) prior to distribution in commerce of any compressors from any plant of the compressor category or configuration in question. | ||||
| 40:40:27.0.1.2.10.2.17.19 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-8 Continued testing. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 44 FR 54295, Sept. 19, 1979] | (a) If a batch sequence is rejected in accordance with paragraph (b) of § 204.57-7, the Administrator may require that any or all compressors of that category, configuration or subgroup thereof produced at that plant be tested before distribution in commerce. (b) The Administrator will notify the manufacturer in writing of his intent to require such continued testing of compressors pursuant to paragraph (a) of this section. (c) The manufacturer may request a hearing on the issues of whether the selective enforcement audit was conducted properly; whether the criteria for batch sequence rejection in § 204.57-7 have been met; and, the appropriateness or scope of a continued testing order. In the event that a hearing is requested, the hearing shall begin no later than 15 days after the date on which the Administrator received the hearing request. Neither the request for a hearing nor the fact that a hearing is in progress shall affect the responsibility of the manufacturer to commence and continue testing required by the Administrator pursuant to paragraph (a) of this section. (d) Any tested compressor which demonstrates conformance with the applicable standards may be distributed into commerce. (e) Any knowing distribution into commerce of a compressor which does not comply with the applicable standards is a prohibited act. | |||
| 40:40:27.0.1.2.10.2.17.2 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.51 Definitions. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 47 FR 57711, Dec. 28, 1982] | (a) Portable air compressor or compressor means any wheel, skid, truck, or railroad car mounted, but not self-propelled, equipment designed to activate pneumatic tools. This consists of an air compressor (air end), and a reciprocating rotary or turbine engine rigidly connected in permanent alignment and mounted on a common frame. Also included are all cooling, lubricating, regulating, starting, and fuel systems, and all equipment necessary to constitute a complete, self-contained unit with a rated capacity of 75 cfm or greater which delivers air at pressures greater than 50 psig, but does not include any pneumatic tools themselves. (b) Maximum Rated Capacity means that the portable air compressor, operating at the design full speed with the compressor on load, delivers its rated cfm output and pressure, as defined by the manufacturer. (c) Model year means the manufacturer's annual production period which includes January 1 of such calendar year; Provided, that if the manufacturer has no annual production period, the term “model year” shall mean the calendar year. (d) Compressor configuration means the basic classification unit of a manufacturer's product line and is comprised of compressor lines, models or series which are identical in all material respects with regard to the parameters listed in § 204.55-3. (e) Category means a group of compressor configurations which are identical in all aspects with respect to the parameters listed in paragraph (c)(1)(i) of § 204.55-2. (f) [Reserved] (g) Noise emission test means a test conducted pursuant to the measurement methodology specified in § 204.54. (h) Inspection Criteria means the rejection and acceptance numbers associated with a particular sampling plan. (i) Acceptable Quality Level (AQL) means the maximum percentage of failing compressors that, for purposes of sampling inspection can be considered satisfactory as a process average. (j) Batch means the collection of compressors of the same category or configuration, as designated by th… | |||
| 40:40:27.0.1.2.10.2.17.20 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.57-9 Prohibition of distribution in commerce; manufacturer's remedy. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47 FR 57712, Dec. 28, 1982] | (a) The Administrator will permit the cessation of continued testing under § 204.57-8 once the manufacturer has taken the following actions: (1) Submit a written report to the Administrator which identifies the reason for the noncompliance of the compressors, describes the problem, and describes the proposed quality control and/or quality assurance remedies to be taken by the manufacturer to correct the problem or follows the requirements for an engineering change. Such requirements include the following: (i) Any change to a configuration with respect to any of the parameters stated in § 204.55-3 shall constitute the addition of a new and separate configuration or category to the manufacturer's product line. (ii) When a manufacturer introduces a new category or configuration to his product line, he shall proceed in accordance with § 204.55-2. (iii) If the configuration to be added can be grouped within a verified category and the new configuration is estimated to have a lower sound level than a previously verified configuration with the same category, the configuration shall be considered verified. (2) Demonstrates that the specified compressor category, configuration or subgroup thereof has passed a retest conducted in accordance with § 204.57 and the conditions specified in the initial test request. (3) The manufacturer may begin testing under paragraph (a)(2) of this section, upon submitting such report, and may cease continued testing upon making the demonstration required by paragraph (a)(2) of this section: Provided, That the Administrator may require resumption of contined testing if he determines that the manufacturer has not satisfied the requirements of paragraphs (a) (1) and (2) of this section. (4) In lieu of paragraphs (a) (1) and (2) of this section, the Administrator will permit the cessation of continued testing under § 204.57-8 with respect to any subgroup of a nonconforming category or configuration if the manufacturer demonstrates to the satisfaction of the Administrator that such subg… | |||
| 40:40:27.0.1.2.10.2.17.21 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.58 In-use requirements. | EPA | |||||
| 40:40:27.0.1.2.10.2.17.22 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.58-1 Warranty. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57712, Dec. 28, 1982] | (a) The portable air compressor manufacturer shall include in the owner's manual or in other information supplied to the ultimate purchaser, the following statement: Noise Emissions Warranty The manufacturer warrants to the ultimate purchaser and each subsequent purchaser that this air compressor was designed, built, and equipped to conform at the time of sale to the first retail purchaser, with all applicable U.S. E.P.A. noise control regulations. This warranty is not limited to any particular part, component, or system of the air compressor. Defects in the design, assembly, or in any part, component, or system of the compressor which, at the time of sale to the first retail purchaser, caused noise emissions to exceed Federal standards are covered by this warranty for the life of the air compressor. The manufacturer warrants to the ultimate purchaser and each subsequent purchaser that this air compressor was designed, built, and equipped to conform at the time of sale to the first retail purchaser, with all applicable U.S. E.P.A. noise control regulations. This warranty is not limited to any particular part, component, or system of the air compressor. Defects in the design, assembly, or in any part, component, or system of the compressor which, at the time of sale to the first retail purchaser, caused noise emissions to exceed Federal standards are covered by this warranty for the life of the air compressor. (b) [Reserved] | |||
| 40:40:27.0.1.2.10.2.17.23 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.58-2 Tampering. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57713, Dec. 28, 1982] | (a) For each configuration of air compressors covered by this part, the manufacturer shall develop a list of those acts which, in his judgment, might be done to the air compressor in use and which would constitute the removal or rendering inoperative of noise control devices or elements of design of the compressor. (b) The manufacturer shall include in the owner's manual the following information: (1) The statement: Tampering With Noise Control System Prohibited Federal law prohibits the following acts or the causing thereof: (1) The removal or rendering inoperative by any persons, other than for purposes of maintenance, repair, or replacement, of any devices or element of design incorporated into any new compressor for the purpose of noise control prior to its sale or delivery to the ultimate purchaser or while it is in use; or (2) the use of the compressor after such device or element of design has been removed or rendered inoperative by any person. Federal law prohibits the following acts or the causing thereof: (1) The removal or rendering inoperative by any persons, other than for purposes of maintenance, repair, or replacement, of any devices or element of design incorporated into any new compressor for the purpose of noise control prior to its sale or delivery to the ultimate purchaser or while it is in use; or (2) the use of the compressor after such device or element of design has been removed or rendered inoperative by any person. (2) The statement: Among those acts included in the prohibition against tampering are the acts listed below. Among those acts included in the prohibition against tampering are the acts listed below. Immediately following this statement, the manufacturer shall include the list developed under paragraph (a) of this section. (c) Any act included in the list prepared pursuant to paragraph (a) of this section is presumed to constitute tampering; however, in any case in which a proscribed act has been committed and it can be shown that such act resulted in no increas… | |||
| 40:40:27.0.1.2.10.2.17.24 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.58-3 Instructions for maintenance, use, and repair. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57713, Dec. 28, 1982] | (a)(1) The manufacturer shall provide to the ultimate purchaser of each portable air compressor covered by this part written instructions for the proper maintenance, use, and repair of the compressor in order to provide reasonable assurance of the elimination or minimization of noise emission degradation throughout the life of the compressor. (2) The purpose of the instructions is to inform purchasers and mechanics of those acts necessary to reasonably assure that degradation of noise emission levels is eliminated or minimized during the life of the compressor. Manufacturers should prepare the instructions with this purpose in mind. The instructions should be clear and, to the extent practicable, written in non-technical language. (3) The instructions must not be used to secure an unfair competitive advantage. They should not restrict replacement equipment to original equipment or service to dealer service. Manufacturers who so restrict replacement equipment must make public any performance specifications on such equipment. (b) For the purpose of encouraging proper maintenance, the manufacturer shall provide a record or log book which shall contain a performance schedule for all required noise emission control maintenance. Space shall be provided in this record book so that the purchaser can note what maintenance was done, by whom, where and when. | |||
| 40:40:27.0.1.2.10.2.17.25 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.59 Recall of non-complying compressors. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61456, Dec. 5, 1977] | (a) Pursuant to section 11(d)(1) of the Act, the Administrator may issue an order to the manufacturer to recall and repair or modify any compressor distributed in commerce not in compliance with this subpart. (b) A recall order issued pursuant to this section shall be based upon a determination by the Administrator that compressors of a specified category or configuration have been distributed in commerce which do not conform to the regulations. Such determination may be based on: (1) A technical analysis of the noise emission characteristics of the category or configuration in question; or (2) Any other relevant information, including test data. (c) For the purposes of this section, noise emissions may be measured by any test prescribed in § 204.54 for testing prior to sale or any other test which has been demonstrated to correlate with the prescribed test procedure. (d) Any such order shall be issued only after notice and an opportunity for a hearing in accordance with section 554 of Title 5 of the United States Code. (e) All costs, including labor and parts, associated with the recall and repair or modification of non-complying compressors under this section shall be borne by the manufacturer. (f) This section shall not limit the discretion of the Administrator to take any other actions which are authorized by the Act. | |||
| 40:40:27.0.1.2.10.2.17.3 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.52 Portable air compressor noise emission standard. | EPA | (a) Effective January 1, 1978, portable air compressors with maximum rated capacity of less than or equal to 250 cubic feet per minute (cfm) shall not produce an average sound level in excess of 76 dBA when measured and evaluated according to the methodology provided by this regulation. Effective July 1, 1978, portable air compressors with maximum rated capacity greater than 250 cfm shall not produce an average sound level in excess of 76 dBA when measured and evaluated according to the methodology provided by this regulation. (b) In-Use Standard. [Reserved] (c) Low Noise Emission Product. [Reserved] | ||||
| 40:40:27.0.1.2.10.2.17.4 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.54 Test procedures. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 41 FR 8347, Feb. 26, 1976; 47 FR 57711, Dec. 28, 1982] | (a) General. This section prescribes the conditions under which noise emission standard compliance Selective Enforcement Auditing or Testing by the Administrator must be conducted and the measurement procedures that must be used to measure the sound level and to calculate the average sound level of portable air compressors on which the test is conducted. (b) Test site description. The location for measuring noise employed during noise compliance testing must consist of an open site above a hard reflecting plane. The reflecting plane must consist of a surface of sealed concrete or sealed asphalt and must extend one (1) meter beyond each microphone location. No reflecting surface, such as a building, signboard, hillside, etc., shall be located within 10 meters of a microphone location. (c) Measurement equipment. The measurement equipment must be used during noise standard compliance testing and must consist of the following or its equivalent: (1) A sound level meter and microphone system that conform to the Type I requirements of American National Standard (ANS) S1.4-1971, “Specification for Sound Level Meters,” and to the requirements of the International Electrotechnical Commission (IEC) Publication No. 179, “Precision Sound Level Meters.” (2) A windscreen must be employed with the microphone during all measurements of portable air compressor noise when the wind speed exceeds 11 km/hr. The windscreen shall not affect the A-weighted sound levels from the portable air compressor in excess of ±0.5 dB. (3) The entire acoustical instrumentation system including the microphone and cable shall be calibrated before each test series and confirmed afterward. A sound level calibrator accurate to within ±0.5 dB shall be used. A calibration of the instrumentation shall be performed at least annually using the methodology of sufficient precision and accuracy to determine compliance with ANS S1.4-1971 and IEC 179. This calibration shall consist, at a minimum, of an overall frequency response calibration and an attenu… | |||
| 40:40:27.0.1.2.10.2.17.5 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.55 Requirements. | EPA | |||||
| 40:40:27.0.1.2.10.2.17.6 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.55-1 General standards. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57711, Dec. 28, 1982] | (a) Every new compressor manufactured for distribution in commerce in the United States which is subject to the standards prescribed in this subpart and not exempted in accordance with § 204.5: (1) Shall be labeled in accordance with the requirements of § 204.55-4. (2) Shall conform to the applicable noise emission standard established in § 204.52 (b) [Reserved] | |||
| 40:40:27.0.1.2.10.2.17.7 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.55-2 Requirements. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47 FR 57711, Dec. 28, 1982; 49 FR 26738, June 29, 1984] | (a)(1) Prior to distribution in commerce, compressors of a specific configuration must verify such configurations in accordance with this subpart. (2) [Reserved] (3) At any time with respect to a configuration under this subpart, the Administrator may require that the manufacturer ship test compressors to an EPA test facility in order for the Administrator to perform the tests required for production verification. (b) The requirements for purposes of testing by the Administrator and Selective Enforcement Auditing consist of: (1) Testing in accordance with § 204.54 of a compressor selected in accordance with § 204.57-2; and (2) Compliance of the test compressor with the applicable standards when tested in accordance with § 204.54. (c)(1) In lieu of testing compressors of every configuration, as described in paragraph (b) of this section, the manufacturer may elect to verify the configuration based on representative testing, the requirements of which consist of: (i) Grouping configurations into a category where each category will be determined by a separate combination of at least the following parameters (a manufacturer may use more parameters): (A) Engine type. ( 1 ) Gasoline—two stroke cycle ( 2 ) Gasoline—four stroke cycle ( 3 ) Diesel—two stroke cycle ( 4 ) Diesel—four stroke cycle ( 5 ) Rotary—Wankel ( 6 ) Turbine ( 7 ) Other (B) Engine manufacturer (C) Compressor delivery rate (at rated pressure) (ii) Identifying the configuration within each category which emits the highest sound level in dBA based on best technical judgment, emission test data, or both. (iii) Testing in accordance with § 204.54 selected in accordance with § 204.57-2 which must be a compressor of the configuration which is identified pursuant to paragraph (c)(1)(iii) of this section as having the highest sound level (estimated or actual) within the category. (iv) Compliance of the test compressor with applicable standards when tested in accordance with § 204.54. (2) Where the requirements of paragraph (c)(1) of this sec… | |||
| 40:40:27.0.1.2.10.2.17.8 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.55-3 Configuration identification. | EPA | (a) A separate compressor configuration shall be determined by each combination of the following parameters: (1) The compressor type (screw, sliding vane, etc.). (2) Number of compressor stages. (3) Maximum pressure (psi). (4) Air intake system of compressor: (i) Number of filters; (ii) Type of filters. (5) The engine system: (i) Number of cylinders and configuration (L-6, V-8, V-12); (ii) Displacement; (iii) Horsepower; (iv) Full load rpm. (6) Type cooling system, e.g., air cooled, water cooled. (7) Fan: (i) Diameter; (ii) Maximum fan rpm. (8) The compressor enclosure: (i) Height, length, and width; (ii) Acoustic material manufacturer, type, part number. (9) The induction system (engine): (i) Natural; (ii) Turbocharged. (10) The muffler: (i) Manufacturer; (ii) Manufacturer part number; (iii) Quantity of mufflers used; (11) Category parameters listed at § 204.55-2. | ||||
| 40:40:27.0.1.2.10.2.17.9 | 40 | Protection of Environment | I | G | 204 | PART 204—NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT | B | Subpart B—Portable Air Compressors | § 204.55-4 Labeling. | EPA | [41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977. Redesignated at 47 FR 57712, Dec. 28, 1982, and amended at 49 FR 26738, June 29, 1984] | (a)(1) The manufacturer of any compressor subject to the standards prescribed in § 204.52 shall, at the time of manufacture, affix a permanent, legible label, of the type and in the manner described below, containing the information hereinafter provided, to all such compressors to be distributed in commerce. (2) The label shall be permanently attached, in a readily visible position, on the compressor enclosure. (3) The label shall be affixed by the compressor manufacturer, who has verified such compressor, in such a manner that it cannot be removed without destroying or defacing the label, and shall not be affixed to any equipment that is easily detached from such compressor. (4) Labels for compressors not manufactured solely for use outside the United States shall contain the following information lettered in the English language in block letters and numerals, which shall be of a color that contrasts with the background of the label: (i) The label heading: Compressor Noise Emission Control Information; (ii) Full corporate name and trademark of manufacturer; (iii) Date of manufacture, which may consist of a serial number or code in those instances where records are specified and maintained. (iv) The statement: This Compressor Conforms to U.S. E.P.A. Regulations for Noise Emissions Applicable to Portable Air Compressors. The following acts or the causing thereof by any person are prohibited by the Noise Control Act of 1972: (A) The removal or rendering inoperative, other than for the purpose of maintenance, repair, or replacement, of any noise control device or element of design (listed in the owner's manual) incorporated into this compressor in compliance with the Noise Control Act; (B) The use of this compressor after such device or element of design has been removed or rendered inoperative. This Compressor Conforms to U.S. E.P.A. Regulations for Noise Emissions Applicable to Portable Air Compressors. The following acts or the causing thereof by any person are prohibited by the Noise Control Act… | |||
| 44:44:1.0.1.4.53.1.10.1 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | A | Subpart A—General | § 204.1 Purpose. | FEMA | [66 FR 57347, Nov. 14, 2001, as amended at 79 FR 63545, Oct. 24, 2014] | This part provides information on the procedures for the declaration and grants management processes for the Fire Management Assistance Grant Program in accordance with the provisions of section 420 of the Stafford Act. This part also details applicant eligibility and the eligibility of costs to be considered under the program. FEMA will actively work with State and Tribal emergency managers and foresters on the efficient delivery of fire management assistance as directed by this part. | |||
| 44:44:1.0.1.4.53.1.10.2 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | A | Subpart A—General | § 204.2 Scope. | FEMA | This part is intended for those individuals responsible for requesting declarations and administering grants under the Fire Management Assistance Grant Program, as well as those applying for assistance under the program. | ||||
| 44:44:1.0.1.4.53.1.10.3 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | A | Subpart A—General | § 204.3 Definitions used throughout this part. | FEMA | [66 FR 57347, Nov. 14, 2001, as amended at 68 FR 61370, Oct. 28, 2003; 74 FR 15345, Apr. 3, 2009; 75 FR 50715, Aug. 17, 2010; 79 FR 63545, Oct. 24, 2014; 82 FR 42, Jan. 3, 2017] | Applicant. A State or Indian tribal government submitting an application to FEMA for a fire management assistance grant, or a State, local, or Indian tribal government submitting an application to the recipient for a subgrant under an approved fire management assistance grant. Application for Federal Assistance. The form the State submits to apply for a grant under a fire management assistance declaration. Declared fire. An uncontrolled fire or fire complex, threatening such destruction as would constitute a major disaster, which the Administrator has approved in response to a State's request for a fire management assistance declaration and in accordance with the criteria listed in § 204.21. Demobilization. The process and procedures for deactivating, disassembling, and transporting back to their point of origin all resources that had been provided to respond to and support a declared fire. Fire complex. Two or more individual fires located in the same general area, which are assigned to a single Incident Commander. Governor's Authorized Representative (GAR). The person empowered by the Governor to execute, on behalf of the State, all necessary documents for fire management assistance, including the request for a fire management assistance declaration. Grant. An award of financial assistance, including cooperative agreements, by FEMA to an eligible recipient. The grant award will be based on the projected amount of total eligible costs for which a State submits an application and that FEMA approves related to a declared fire. Hazard mitigation plan. A plan to develop actions the State, local, or tribal government will take to reduce the risk to people and property from all hazards. The intent of hazard mitigation planning under the Fire Management Assistance Grant Program is to identify wildfire hazards and cost-effective mitigation alternatives that produce long-term benefits. FEMA addresses mitigation of fire hazards as part of the State's comprehensive Mitigation Plan, described in 44 CFR part 2… | |||
| 44:44:1.0.1.4.53.1.10.4 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | A | Subpart A—General | §§ 204.4-204.20 [Reserved] | FEMA | |||||
| 44:44:1.0.1.4.53.2.10.1 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | B | Subpart B—Declaration Process | § 204.21 Fire management assistance declaration criteria. | FEMA | [66 FR 57347, Nov. 14, 2001, as amended at 75 FR 50715, Aug. 17, 2010; 79 FR 63546, Oct. 24, 2014] | (a) Determinations. FEMA will approve declarations for fire management assistance when the Administrator determines that a fire or fire complex on public or private forest land or grassland threatens such destruction as would constitute a major disaster. (b) Evaluation criteria. FEMA will evaluate the threat posed by a fire or fire complex based on consideration of the following specific criteria: (1) Threat to lives and improved property, including threats to critical facilities/infrastructure, and critical watershed areas; (2) Availability of State and local firefighting resources; (3) High fire danger conditions, as indicated by nationally accepted indices such as the National Fire Danger Ratings System; (4) Potential major economic impact. | |||
| 44:44:1.0.1.4.53.2.10.2 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | B | Subpart B—Declaration Process | § 204.22 Submitting a request for a fire management assistance declaration. | FEMA | [66 FR 57347, Nov. 14, 2001, as amended at 79 FR 63546, Oct. 24, 2014] | The Governor of a State, or the Governor's Authorized Representative (GAR), may submit a request for a fire management assistance declaration. The request must be submitted while the fire is burning uncontrolled and threatens such destruction as would constitute a major disaster. The request must be submitted to the Regional Administrator and should address the relevant criteria listed in § 204.21, with supporting documentation that contains factual data and professional estimates on the fire or fire complex. To ensure that FEMA can process a State's request for a fire management assistance declaration as expeditiously as possible, the State should transmit the request by telephone, promptly followed by written documentation. | |||
| 44:44:1.0.1.4.53.2.10.3 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | B | Subpart B—Declaration Process | § 204.23 Processing a request for a fire management assistance declaration. | FEMA | [75 FR 50715, Aug. 17, 2010] | (a) In processing a State's request for a fire management assistance declaration, the Regional Administrator, in coordination with the Principal Advisor, will verify the information submitted in the State's request. (b) The Principal Advisor, at the request of the Regional Administrator, is responsible for providing FEMA a technical assessment of the fire or fire complex for which the State is requesting a fire management assistance declaration. The Principal Advisor may consult with State agencies, usually emergency management or forestry, as well as the Incident Commander, in order to provide FEMA with an accurate assessment. | |||
| 44:44:1.0.1.4.53.2.10.4 | 44 | Emergency Management and Assistance | I | D | 204 | PART 204—FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM | B | Subpart B—Declaration Process | § 204.24 Determination on request for a fire management assistance declaration. | FEMA | [75 FR 50715, Aug. 17, 2010] | The Administrator will review all information submitted in the State's request along with the Principal Advisor's assessment and render a determination. The determination will be based on the conditions of the fire or fire complex existing at the time of the State's request. When possible, the Administrator will evaluate the request and make a determination within several hours. Once the Administrator renders a determination, FEMA will promptly notify the State of the determination. |
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