cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
87 rows where part_number = 271 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, chapter, subchapter, part_name, subpart, subpart_name
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:4.0.1.1.39.0.8.1 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.1 Purpose. | FAA | [60 FR 43524, Aug. 22, 1995] | This part establishes the guidelines required by 49 U.S.C. 41736 to be used by the Department in establishing the fair and reasonable amount of compensation needed to ensure the continuation of essential air service to an eligible place under 49 U.S.C. 41731 and 41734. These guidelines are intended to cover normal carrier selection cases and rate renewal cases, and not necessarily emergency carrier selection cases. | |||||
| 14:14:4.0.1.1.39.0.8.2 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.2 Definitions. | FAA | [60 FR 43524, Aug. 22, 1995, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15933, Apr. 16, 2019] | As used in this part: Eligible place means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417. Essential air service is that air transportation which the Department has found to be essential under Subchapter II of Chapter 417 of the Statute. | |||||
| 14:14:4.0.1.1.39.0.8.3 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.3 Carrier subsidy need. | FAA | [ER-1398, 49 FR 49846, Dec. 24, 1984, as amended at 60 FR 43524, Aug. 22, 1995] | In establishing the subsidy for an air carrier providing essential air service at an eligible place, the Department will consider the following: (a) The reasonable projected costs of a carrier in serving that place; (b) The carrier's reasonable projected revenues for serving that place; (c) The appropriate size of aircraft for providing essential air service at that place; and (d) A reasonable profit for a carrier serving that place. | |||||
| 14:14:4.0.1.1.39.0.8.4 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.4 Carrier costs. | FAA | [ER-1398, 49 FR 49846, Dec. 24, 1984, as amended at 60 FR 43524, 43525, Aug. 22, 1995] | (a) The reasonable costs projected for a carrier providing essential air service at an eligible place will be evaluated: (1) For costs attributable to the carrier's flying operations (direct expenses), by comparing the projected costs submitted by the carrier with the following: (i) The carrier's historical direct operating costs with the same or similar aircraft types; (ii) The direct operating unit costs of similar carriers using the same or similar equipment; and (iii) Data supplied by the manufacturer of the carrier's aircraft. (2) For other costs, by one or more of the following methods: (i) By direct assignment where the indirect costs are attributable to the carrier's operations at the eligible place; (ii) By comparing the carrier's systemwide indirect operating expenses to those submitted by the carrier for the eligible place; or (iii) By comparing the indirect operating expenses submitted by the carrier with the ratio of indirect to direct costs that have been experienced by the carrier in other markets or to costs that are representative of the industry. (3) By considering the unique circumstances of the carrier or the community being served that justify deviations from the costs that would otherwise be established for that carrier under this paragraph. (4) By determining whether the aircraft to be used by the carrier at the eligible place, and on which its costs are derived, are appropriate for providing essential air service there. The appropriateness of the aircraft to be used is based on the following characteristics of the eligible place: (i) Traffic levels; (ii) The level of air service that the Department has decided is essential for the eligible place; (iii) Distance to the designated hub; (iv) The altitude at which the carrier must fly to the designated hub; and (v) Other operational elements involved. (b) When the essential air service would be made part of the carrier's linear system, the Department might, instead of the factors in paragraph (a) of this section, consider only … | |||||
| 14:14:4.0.1.1.39.0.8.5 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.5 Carrier revenues. | FAA | [ER-1398, 49 FR 49846, Dec. 24, 1984, as amended at 60 FR 43524, Aug. 22, 1995] | (a) The projected passenger revenue for a carrier providing essential air service at an eligible place will be calculated by multiplying the following: (1) A reasonable projected net fare, which is the standard fare expected to be charged for service between the eligible place and the designated hub less any dilution caused by joint fare arrangements, discount fares that it offers, or prorates of fares for through one-line passengers; and (2) The traffic (including both local and beyond traffic) projected to flow between the eligible place and the designated hub or hubs, which is based on the carrier's own estimates, Department estimates, and on traffic levels in the market at issue when such data are available. (b) The reasonableness of a carrier's passenger revenue projections will be evaluated by: (1) Comparing the carrier's proposed fare with the fare charged in other city-pair markets of similar distances and traffic densities; and (2) Comparing the carrier's proposed pricing structure with historical pricing practices in the market at issue, with the pricing practices of that carrier in other markets, and with any standard industry pricing guidelines that may be available. (c) An estimate of freight and other transport-related revenue will be included as a component of projected revenues and will be based on recent experience in the market involved and on the experience of the carrier involved in other markets. | |||||
| 14:14:4.0.1.1.39.0.8.6 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.6 Profit element. | FAA | [ER-1398, 49 FR 49846, Dec. 24, 1984, as amended at 60 FR 43524, 43525, Aug. 22, 1995] | The reasonable return for a carrier for providing essential air service at an eligible place generally will be set at a flat percentage, typically 5 percent of that carrier's projected operating costs as established under § 271.4, plus any applicable interest expenses on flight equipment. | |||||
| 14:14:4.0.1.1.39.0.8.7 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.7 Subsidy payout formula. | FAA | [ER-1398, 49 FR 49846, Dec. 24, 1984, as amended at 60 FR 43524, 43525, Aug. 22, 1995] | (a) Subsidy will be paid by the Department to the air carrier monthly, based on the subsidy rate established by the Department for the carrier under this part. Payments will not vary except as provided in this section. (b) While a carrier's subsidy rate will not vary even if actual revenues or costs differ from projections, the actual amount of each payment may vary depending on the following factors: (1) Seasonal characteristics of the carrier's operations at the eligible place; (2) The actual number of flights completed, aircraft miles flown, available seat-miles flown, or variations in other operational elements upon which the subsidy rate is based; or (3) Adjustments to the carrier's subsidy required by § 271.8(b). (c) Payments will continue for the duration of the rate term established under § 271.8 provided that the carrier continues to provide the required service. | |||||
| 14:14:4.0.1.1.39.0.8.8 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.8 Rate period. | FAA | [ER-1398, 49 FR 49846, Dec. 24, 1984, as amended at 60 FR 43524, 43525, Aug. 22, 1995] | (a) The subsidy rate generally will be set for a 2-year period, or two consecutive 1-year periods. The Department may set the rate for a shorter period in the following situations: (1) A commuter air carrier is replacing a larger certificated carrier at the eligible place; (2) Traffic at the eligible place has substantially decreased; (3) The Department considers the cost or revenue projections of the carrier for the second year to be unrealistic; (4) It is likely that there will be changes in the eligible place essential air service level; or (5) The uncertainties of the market or other circumstances warrant a shorter rate period. (b) The subsidy rate established for a carrier under this part will not be changed during the rate period unless an adjustment is required in the public interest. (c) At the end of the rate period, the carrier will not have a continuing right to receive subsidy for providing essential air service at the eligible place. | |||||
| 14:14:4.0.1.1.39.0.8.9 | 14 | Aeronautics and Space | II | A | 271 | PART 271—GUIDELINES FOR SUBSIDIZING AIR CARRIERS PROVIDING ESSENTIAL AIR TRANSPORTATION | § 271.9 Discrimination prohibited. | FAA | [ER-1398, 49 FR 49846, Dec. 24, 1984, as amended at 60 FR 43525, Aug. 22, 1995] | (a) All air carriers receiving subsidy under this part shall comply with the following: (1) The Age Discrimination Act of 1975; (2) The Civil Rights Act of 1964 and 49 CFR part 21; and (3) The Rehabilitation Act of 1973, 49 CFR part 27, and part 382 of this chapter. (b) Within 1 year after it first receives a subsidy under this part, the carrier shall evaluate its practices and procedures for accommodating the handicapped in accordance with § 382.23 of this chapter. (c) All air carriers seeking a subsidy under this part shall include in their subsidy application the assurances required by 49 CFR parts 20, 21, 27 and 29, and § 382.21 of this chapter. | |||||
| 40:40:29.0.1.1.5.1.47.1 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.1 Purpose and scope. | EPA | [48 FR 14248, Apr. 1, 1983] | (a) This subpart specifies the procedures EPA will follow in approving, revising, and withdrawing approval of State programs and the requirements State programs must meet to be approved by the Administrator under sections 3006(b), (f) and (h) of RCRA. (b) State submissions for program approval must be made in accordance with the procedures set out in this subpart. (c) The substantive provisions which must be included in State programs for them to be approved include requirements for permitting, compliance evaluation, enforcement, public participation, and sharing of information. Many of the requirements for State programs are made applicable to States by cross-referencing other EPA regulations. In particular, many of the provisions of parts 270 and 124 are made applicable to States by the references contained in § 271.14. (d) Upon receipt of a complete submission, EPA will conduct a public hearing, if interest is shown, and determine whether to approve or disapprove the program taking into consideration the requirements of this subpart, the Act and any comments received. (e) The Administrator shall approve State programs which conform to the applicable requirements of this subpart. (f) Except as provided in § 271.3(a)(3), upon approval of a State permitting program, the Administrator shall suspend the issuance of Federal permits for those activities subject to the approved State program. (g) Any State program approved by the Administrator shall at all times be conducted in accordance with the requirements of this subpart. (h) Partial State programs are not allowed for programs operating under RCRA final authorization. However, in many cases States will lack authority to regulate activities on Indian lands. This lack of authority does not impair a State's ability to obtain full program approval in accordance with this subpart, i.e., inability of a State to regulate activities on Indian lands does not constitute a partial program. EPA will administer the program on Indian lands if the State does not seek thi… | |||
| 40:40:29.0.1.1.5.1.47.10 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.10 Requirements for generators of hazardous wastes. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 48 FR 30114, June 30, 1983; 49 FR 10506, Mar. 20, 1984; 49 FR 11180, Mar. 26, 1984; 51 FR 28685, Aug. 8, 1986; 51 FR 33722, Sept. 22, 1986; 56 FR 43705, Sept. 4, 1991; 70 FR 10825, Mar. 4, 2005; 70 FR 59888, Oct. 13, 2005; 79 FR 7562, Feb. 7, 2014; 81 FR 85729, Nov. 28, 2016; 81 FR 85828, Nov. 28, 2016; 83 FR 462, Jan. 3, 2018; 88 FR 54115, Aug. 9, 2023; 89 FR 60736, July 26, 2024] | (a) The State program must cover all generators covered by 40 CFR part 262. States must require new generators to contact the State and obtain an EPA identification number before they perform any activity subject to regulation under the approved State hazardous waste program. (b) The State shall have authority to require and shall require all generators to comply with reporting and recordkeeping requirements equivalent to those under 40 CFR 262.40 and 262.41. States must require that generators keep these records at least 3 years. States that choose to receive electronic documents must include the requirements of 40 CFR Part 3—(Electronic reporting) in their Program (except that states that choose to receive electronic manifests and/or permit the use of electronic manifests must comply with any applicable requirements for e-manifest in this section of this section). (c) The State program must require that generators who accumulate hazardous wastes for short periods of time comply with requirements that are equivalent to the requirements for accumulating hazardous wastes for short periods of time under 40 CFR 262.15, 262.16, or 262.17. (d) The State program must require that generators comply with requirements that are equivalent to the requirements for the packaging, labeling, marking, and placarding of hazardous waste under 40 CFR 262.30 to 262.33, and are consistent with relevant DOT regulations under 49 CFR parts 172, 173, 178 and 179. (e) The State program shall provide requirements respecting international shipments which are equivalent to those at 40 CFR part 262 subpart H, other hazardous waste import and export regulations in 40 CFR parts 260, 262, 263, 264, 265, 266, 267 and 273, and exclusion conditions for export or import in 40 CFR part 261 to the extent that State has adopted such exclusion conditions, except that States shall not replace EPA or international references with State references. (f) The State must require that all generators of hazardous waste who transport (or offer for transport)… | |||
| 40:40:29.0.1.1.5.1.47.11 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.11 Requirements for transporters of hazardous wastes. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 51 FR 28686, Aug. 8, 1986; 51 FR 33722, Sept. 22, 1986; 70 FR 10825, Mar. 4, 2005; 70 FR 59888, Oct. 13, 2005; 79 FR 7563, Feb. 7, 2014; 81 FR 85729, Nov. 28, 2016] | (a) The State program must cover all transporters covered by 40 CFR part 263. New transporters must be required to contact the State and obtain an EPA identification number from the State before they accept hazardous waste for transport. (b) The State shall have authority to require and shall require all transporters to comply with reporting and recordkeeping requirements equivalent to those under 40 CFR 263.22. States must require that transporters keep these records at least 3 years. States that choose to receive electronic documents must include the requirements of 40 CFR Part 3—(Electronic reporting) in their Program (except that states that choose to receive electronic manifests and/or permit the use of electronic manifests must comply with any applicable requirements for e-manifest in this section of this section). (c)(1) The state must require the transporter to carry the manifest forms (EPA Forms 8700-22 and 8700-22A) during transport, or, where the electronic manifest is used and the U. S. Department of Transportation's Hazardous Materials Regulations, 49 CFR parts 171-180, require a paper shipping document on the transport vehicle, to carry one printed copy of the electronic manifest during transport, except in the case of shipments by rail or water, for which transporters may carry a shipping paper as specified in 40 CFR 263.20(e) and (f). (2) The State must require the transporter to deliver waste only to the facility designated on the manifest, which in the case of return shipments of rejected wastes or regulated container residues, may also include the original generator of the waste shipment. (3) The State program must provide requirements for shipments by rail or water equivalent to those under 40 CFR 263.20(e) and (f). (4) For exports of hazardous waste, the state must require the transporter to refuse to accept hazardous waste for export if the exporter has not provided: A manifest listing the consent numbers for the hazardous waste shipment; a movement document for shipments occurring unde… | |||
| 40:40:29.0.1.1.5.1.47.12 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.12 Requirements for hazardous waste management facilities. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 70 FR 10825, Mar. 4, 2005; 70 FR 59889, Oct. 13, 2005; 81 FR 85729, Nov. 28, 2016; 83 FR 462, Jan. 3, 2018; 89 FR 60736, July 26, 2024] | The State shall have standards for hazardous waste management facilities which are equivalent to 40 CFR parts 264 and 266. These standards shall include: (a) Technical standards for tanks, containers, waste piles, incineration, chemical, physical and biological treatment facilities, surface impoundments, landfills, and land treatment facilities; (b) Financial responsibility during facility operation; (c) Preparedness for and prevention of discharges or releases of hazardous waste; contingency plans and emergency procedures to be followed in the event of a discharge or release of hazardous waste; (d) Closure and post-closure requirements including financial requirements to ensure that money will be available for closure and post-closure monitoring and maintenance; (e) Groundwater monitoring; (f) Security to prevent unauthorized access to the facility; (g) Facility personnel training; (h) Inspections, monitoring, recordkeeping, and reporting. States that choose to receive electronic documents must include the requirements of 40 CFR Part 3—(Electronic reporting) in their Program (except that states that choose to receive electronic manifests and/or permit the use of electronic manifests must comply with paragraph (i) of this section); (i) Compliance with the manifest system including the requirement that facility owners or operators return a signed copy of the manifest: (1) To the generator to certify delivery of the hazardous waste shipment or to identify discrepancies; (2) To the EPA's e-Manifest system, in lieu of submitting a signed facility copy directly to either the origination state or the destination state; and (3) After listing the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from Item 9b, to EPA using the allowable methods listed in 40 CFR 262.84(b)(1) until the facility can submit such a copy to the e-Manifest system per 40 CFR 264.71(a)(2)(v) and 265.71(a)(2)(v). (j… | |||
| 40:40:29.0.1.1.5.1.47.13 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.13 Requirements with respect to permits and permit applications. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 51 FR 33722, Sept. 22, 1986] | (a) State law must require permits for owners and operators of all hazardous waste management facilities required to obtain a permit under 40 CFR part 270 and prohibit the operation of any hazardous waste management facility without such a permit, except that States may, if adequate legal authority exists, authorize owners and operators of any facility which would qualify for interim status under the Federal program to remain in operation until a final decision is made on the permit application, or until interim status terminates pursuant to 40 CFR 270.73 (b) through (f). When State law authorizes such continued operation it shall require compliance by owners and operators of such facilities with standards at least as stringent as EPA's interim status standards at 40 CFR part 265. (b) The State must require all new HWM facilities to contact the State and obtain an EPA identification number before commencing treatment, storage, or disposal of hazardous waste. (c) All permits issued by the State shall require compliance with the standards adopted by the State under § 271.12. (d) All permits issued under State law prior to the date of approval of final authorization shall be reviewed by the State Director and modified or revoked and reissued to require compliance with the requirements of this part. | |||
| 40:40:29.0.1.1.5.1.47.14 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.14 Requirements for permitting. | EPA | [48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983] | All State programs under this subpart must have legal authority to implement each of the following provisions and must be administered in conformance with each; except that States are not precluded from omitting or modifying any provisions to impose more stringent requirements: (a) Section 270.1(c)(1)—(Specific inclusions); (b) Section 270.4—(Effect of permit); (c) Section 270.5—(Noncompliance reporting); (d) Section 270.10—(Application for a permit); (e) Section 270.11—(Signatories); (f) Section 270.12—(Confidential information); (g) Section 270.13—(Contents of part A); (h) Sections 270.14 through 270.29—(Contents of part B); States need not use a two part permit application process. The State application process must, however, require information in sufficient detail to satisfy the requirements of §§ 270.13 through 270.29. (i) Section 270.30—(Applicable permit conditions); (j) Section 270.31—(Monitoring requirements); (k) Section 270.32—(Establishing permit conditions); (l) Section 270.33—(Schedule of compliance); (m) Section 270.40—(Permit transfer); (n) Section 270.41—(Permit modification); (o) Section 270.43—(Permit termination); (p) Section 270.50—(Duration); (q) Section 270.60—(Permit by rule); (r) Section 270.61—(Emergency permits); (s) Section 270.64—(Interim permits for UIC wells); (t) Section 124.3(a)—(Application for a permit); (u) Section 124.5 (a), (c), (d)—(Modification of permits); (v) Section 124.6 (a), (d), and (e)—(Draft permit); (w) Section 124.8—(Fact sheets); (x) Section 124.10 (a)(1)(ii), (a)(1)(iii), (a)(1)(v), (b), (c), (d), and (e)—(Public notice); (y) Section 124.11—(Public comments and requests for hearings); (z) Section 124.12(a)—(Public hearings); and (aa) Section 124.17 (a) and (c)—(Response to comments). States need not implement provisions identical to the above listed provisions. Implemented provisions must, however, establish requirements at least as stringent as the corresponding listed provisions. While States may impose more stringent requirements… | |||
| 40:40:29.0.1.1.5.1.47.15 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.15 Requirements for compliance evaluation programs. | EPA | (a) State programs shall have procedures for receipt, evaluation, retention and investigation for possible enforcement of all notices and reports required of permittees and other regulated persons (and for investigation for possible enforcement of failure to submit these notices and reports). (b) State programs shall have inspection and surveillance procedures to determine, independent of information supplied by regulated persons, compliance or noncompliance with applicable program requirements. The State shall maintain: (1) A program which is capable of making comprehensive surveys of all facilities and activities subject to the State Director's authority to identify persons subject to regulation who have failed to comply with permit application or other program requirements. Any compilation, index, or inventory of such facilities and activities shall be made available to the Regional Administrator upon request; (2) A program for periodic inspections of the facilities and activities subject to regulation. These inspections shall be conducted in a manner designed to: (i) Determine compliance or noncompliance with issued permit conditions and other program requirements; (ii) Verify the accuracy of information submitted by permittees and other regulated persons in reporting forms and other forms supplying monitoring data; and (iii) Verify the adequacy of sampling, monitoring, and other methods used by permittees and other regulated persons to develop that information; (3) A program for investigating information obtained regarding violations of applicable program and permit requirements; and (4) Procedures for receiving and ensuring proper consideration of information submitted by the public about violations. Public effort in reporting violations shall be encouraged, and the State Director shall make available information on reporting procedures. (c) The State Director and State officers engaged in compliance evaluation shall have authority to enter any site or premises subject to regulation or in which rec… | ||||
| 40:40:29.0.1.1.5.1.47.16 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.16 Requirements for enforcement authority. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 48 FR 39622, Sept. 1, 1983; 49 FR 7372, Feb. 29, 1984; 58 FR 26424, May 3, 1993; 59 FR 10559, Mar. 4, 1994; 63 FR 56735, Oct. 22, 1998] | (a) Any State agency administering a program shall have available the following remedies for violations of State program requirements: (1) To restrain immediately and effectively any person by order or by suit in State court from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment. This paragraph requires that States have a mechanism (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to stop any unauthorized activity endangering public health or the environment. (2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit; (3) To access or sue to recover in court civil penalties and to seek criminal remedies, including fines, as follows: (i) Civil penalties shall be recoverable for any program violation in at least the amount of $10,000 per day. (ii) Criminal remedies shall be obtainable against any person who knowingly transports any hazardous waste to an unpermitted facility; who treats, stores, or disposes of hazardous waste without a permit; who knowingly transports, treats, stores, disposes, recycles, causes to be transported, or otherwise handles any used oil regulated by EPA under section 3014 of RCRA that is not listed or identified as a hazardous waste under the state's hazardous waste program in violation of standards or regulations for management of such used oil; or who makes any false statement, or representation in any application, label, manifest, record, report, permit or other document filed, maintained, or used for purposes of program compliance (including compliance with any standards or regulations for used oil regulated by EPA under section 3014 of RCRA that is not listed or identified as hazardous waste). Criminal fines shall be recoverable in at least the amount of $10,000 per day for each violation, and imprisonment for at lea… | |||
| 40:40:29.0.1.1.5.1.47.17 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.17 Sharing of information. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 51 FR 33722, Sept. 22, 1986] | (a) Any information obtained or used in the administration of a State program shall be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing information under this subpart. Any information obtained from a State and subject to a claim of confidentiality will be treated in accordance with the regulations in 40 CFR part 2. If EPA obtains from a State information that is not claimed to be confidential, EPA may make that information available to the public without further notice. (b) EPA shall furnish to States with approved programs the information in its files not submitted under a claim of confidentiality which the State needs to implement its approved program. EPA shall furnish to States with approved programs information submitted to EPA under a claim of confidentiality, which the State needs to implement its approved program, subject to the conditions in 40 CFR part 2. (c)(1) The State program must provide for the public availability of information obtained by the State regarding facilities and sites for the treatment, storage, and disposal of hazardous waste. Such information must be made available to the public in substantially the same manner, and to the same degree, as would be the case if the Administrator was carrying out the provisions of Subtitle C of RCRA in the State. (2) A State must revise its program to comply with this section in accordance with § 271.21(e)(2)(ii). Interim authorization under § 271.24 is not available to demonstrate compliance with this section. | |||
| 40:40:29.0.1.1.5.1.47.18 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.18 Coordination with other programs. | EPA | (a) Issuance of State permits under this subpart may be coordinated, as provided in part 124, with issuance of UIC, NPDES, and 404 permits whether they are controlled by the State, EPA, or the Corps of Engineers. See § 124.4. (b) The State Director of any approved program which may affect the planning for and development of hazardous waste management facilities and practices shall consult and coordinate with agencies designated under section 4006(b) of RCRA (40 CFR part 255) as responsible for the development and implementation of State solid waste management plans under section 4002(b) of RCRA (40 CFR part 256). | ||||
| 40:40:29.0.1.1.5.1.47.19 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.19 EPA review of State permits. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28754, July 15, 1985; 65 FR 30913, May 15, 2000] | (a) The Regional Administrator may comment on permit applications and draft permits as provided in the Memorandum of Agreement under § 271.8. (b) Where EPA indicates, in a comment, that issuance of the permit would be inconsistent with the approved State program, EPA shall include in the comment: (1) A statement of the reasons for the comment (including the section of RCRA or regulations promulgated thereunder that support the comment); and (2) The actions that should be taken by the State Director in order to address the comments (including the conditions which the permit would include if it were issued by the Regional Administrator). (c) A copy of any comment shall be sent to the permit applicant by the Regional Administrator. (d) The Regional Administrator shall withdraw such a comment when satisfied that the State has met or refuted his or her concerns. (e) Under section 3008(a)(3) of RCRA, EPA may terminate a State-issued permit or bring an enforcement action in accordance with the procedures of 40 CFR part 22 in the case of a violation of a State program requirement. In exercising these authorities, EPA will observe the following conditions: (1) The Regional Administrator may take action under section 3008(a)(3) of RCRA against a holder of a State-issued permit at any time on the ground that the permittee is not complying with a condition of that permit. (2) The Regional Administrator may take action under section 3008(a)(3) of RCRA against a holder of a State-issued permit at any time on the ground that the permittee is not complying with a condition that the Regional Administrator in commenting on the permit application or draft permit stated was necessary to implement approved State program requirements, whether or not that condition was included in the final permit. (3) The Regional Administrator may not take action under section 3008(a)(3) of RCRA against a holder of a State-issued permit on the ground that the permittee is not complying with a condition necessary to implement approved State p… | |||
| 40:40:29.0.1.1.5.1.47.2 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.2 Definitions. | EPA | The definitions in part 270 apply to all subparts of this part. | ||||
| 40:40:29.0.1.1.5.1.47.20 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.20 Approval process. | EPA | [48 FR 14248, Apr. 1, 1983; 48 FR 30115, June 30, 1983, as amended at 60 FR 33914, June 29, 1994] | (a) Prior to submitting an application to EPA for approval of a State program, the State shall issue public notice of its intent to seek program approval from EPA. This public notice shall: (1) Be circulated in a manner calculated to attract the attention of interested persons including: (i) Publication in enough of the largest newspapers in the State to attract statewide attention; and (ii) Mailing to persons on the State agency mailing list and to any other persons whom the agency has reason to believe are interested; (2) Indicate when and where the State's proposed submission may be reviewed by the public; (3) Indicate the cost of obtaining a copy of the submission; (4) Provide for a comment period of not less than 30 days during which time interested members of the public may express their views on the proposed program; (5) Provide that a public hearing will be held by the State or EPA if sufficient public interest is shown or, alternatively, schedule such a public hearing. Any public hearing to be held by the State on its application for authorization shall be scheduled no earlier than 30 days after the notice of hearing is published; (6) Briefly outline the fundamental aspects of the State program; and (7) Identify a person that an interested member of the public may contact with any questions. (b) If the proposed State program is substantially modified after the public comment period provided in paragraph (a)(4) of this section, the State shall, prior to submitting its program to the Administrator, provide an opportunity for further public comment in accordance with the procedures of paragraph (a) of this section. Provided, that the opportunity for further public comment may be limited to those portions of the State's application which have been changed since the prior public notice. (c) After complying with the requirements of paragraphs (a) and (b) of this section, the State may submit, in accordance with § 271.5, a proposed program to EPA for approval. Such formal submission may only be made … | |||
| 40:40:29.0.1.1.5.1.47.21 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.21 Procedures for revision of State programs. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 51 FR 7542, Mar. 4, 1986; 51 FR 33722, Sept. 22, 1986; 63 FR 65947, Nov. 30, 1998; 70 FR 34591, June 14, 2005; 71 FR 40280, July 14, 2006; 74 FR 30231, June 25, 2009] | (a) Either EPA or the approved State may initiate program revision. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. The State shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities. (b) Revision of a State program shall be accomplished as follows: (1) The State shall submit a modified program description, Attorney General's statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances. (2) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Act. In approving or disapproving program revisions, the Administrator shall follow the procedures of paragraph (b)(3) or (4) of this section. (3) The procedures for an immediate final publication of the Administrator's decision are as follows: (i) The Administrator shall issue public notice of his approval or disapproval of a State program revision: (A) In the Federal Register; (B) In enough of the largest newspapers in the State to attract Statewide attention; and (C) By mailing to persons on the State agency mailing list and to any other persons whom the agency has reason to believe are interested. (ii) The public notice shall summarize the State program revision, indicate whether EPA intends to approve or disapprove the revision and provide for an opportunity to comment for a period of 30 days. (iii) Approval or disapproval of a State program revision shall become effective 60 days after the date of publication in the Federal Register in accordance with paragraph (b)(3)(i) of this section, unless an adverse comment pertaining to the State revision discussed in the notice is received by the end of the comment period. If an adverse comment is received the Administrator shall so notify the State and shall, within 60 days after the date of publication, publish in the Federa… | |||
| 40:40:29.0.1.1.5.1.47.22 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.22 Criteria for withdrawing approval of State programs. | EPA | (a) The Administrator may withdraw program approval when a State program no longer complies with the requirements of this subpart, and the State fails to take corrective action. Such circumstances include the following: (1) When the State's legal authority no longer meets the requirements of this part, including: (i) Failure of the State to promulgate or enact new authorities when necessary; or (ii) Action by a State legislature or court striking down or limiting State authorities. (2) When the operation of the State program fails to comply with the requirements of this part, including: (i) Failure to exercise control over activities required to be regulated under this part, including failure to issue permits; (ii) Repeated issuance of permits which do not conform to the requirements of this part; or (iii) Failure to comply with the public participation requirements of this part. (3) When the State's enforcement program fails to comply with the requirements of this part, including: (i) Failure to act on violations of permits or other program requirements; (ii) Failure to seek adequate enforcement penalties or to collect administrative fines when imposed; or (iii) Failure to inspect and monitor activities subject to regulation. (4) When the State program fails to comply with the terms of the Memorandum of Agreement required under § 271.8. | ||||
| 40:40:29.0.1.1.5.1.47.23 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.23 Procedures for withdrawing approval of State programs. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 71 FR 40280, July 14, 2006] | (a) A State with a program approved under this part may voluntarily transfer program responsibilities required by Federal law to EPA by taking the following actions, or in such other manner as may be agreed upon with the Administrator. (1) The State shall give the Administrator 180 days notice of the proposed transfer and shall submit a plan for the orderly transfer of all relevant program information not in the possession of EPA (such as permits, permit files, compliance files, reports, permit applications) which are necessary for EPA to administer the program. (2) Within 60 days of receiving the notice and transfer plan, the Administrator shall evaluate the State's transfer plan and shall identify any additional information needed by the Federal government for program administration and/or identify any other deficiencies in the plan. (3) At least 30 days before the transfer is to occur the Administrator shall publish notice of the transfer in the Federal Register and in enough of the largest newspapers in the State to provide Statewide coverage, and shall mail notice to all permit holders, permit applicants, other regulated persons and other interested persons on appropriate EPA and State mailing lists. (b) The following procedures apply when the Administrator orders the commencement of proceedings to determine whether to withdraw approval of a State program. (1) Order. The Administrator may order the commencement of withdrawal proceedings on his or her own initiative or in response to a petition from an interested person alleging failure of the State to comply with the requirements of this part as set forth in § 271.22. The Administrator shall respond in writing to any petition to commence withdrawal proceedings. He may conduct an informal investigation of the allegations in the petition to determine whether cause exists to commence proceedings under this paragraph. The Administrator's order commencing proceedings under this paragraph shall fix a time and place for the commencement of the hearing and … | |||
| 40:40:29.0.1.1.5.1.47.24 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.24 Interim authorization under section 3006(g) of RCRA. | EPA | [57 FR 60132, Dec. 18, 1992, as amended at 67 FR 3029, Jan. 22, 2002] | (a) Any State which is applying for or has been granted final authorization pursuant to section 3006(b) of RCRA may submit to the Administrator evidence that its program contains (or has been amended to include) any requirement which is substantially equivalent to a requirement identified in § 271.1(j) of this part. Such a State may request interim authorization under section 3006(g) of RCRA to carry out the State requirement in lieu of the Administrator carrying out the Federal requirement. (b) The applications shall be governed by the procedures for program revisions in § 271.21(b) of this part. (c) Interim authorization pursuant to this section expires on January 1, 2003, except that interim authorization for the revised Corrective Action Management Unit rule (except 40 CFR 264.555) promulgated on January 22, 2002 and cited in Table 1 in § 271.1 expires on August 30, 2004 if the State has not submitted an application for final authorization. | |||
| 40:40:29.0.1.1.5.1.47.25 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.25 HSWA requirements. | EPA | [51 FR 33723, Sept. 22, 1986] | Unless otherwise provided in part 271, the State program shall have standards at least as stringent as the requirements and prohibitions that have taken effect under the Hazardous and Solid Waste Amendments of 1984 (HSWA). | |||
| 40:40:29.0.1.1.5.1.47.26 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.26 Requirements for used oil management. | EPA | [57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26424, May 3, 1993] | The State shall have standards for used oil management which are equivalent to 40 CFR part 279. These standards shall include: (a) Standards for used oil generators which are equivalent to those under subpart C of part 279 of this chapter; (b) Standards for used oil collection centers and aggregation points which are equivalent to those under subpart D of part 279 of this chapter; (c) Standards for used oil transporters and transfer facilities which are equivalent to those under subpart E of part 279 of this chapter; (d) Standards for used oil processors and re-refiners which are equivalent to those under subpart F of part 279 of this chapter; (e) Standards for used oil burners who burn off-specification used oil for energy recovery which are equivalent to those under subpart G of part 279 of this chapter; (f) Standards for used oil fuel marketers which are equivalent to those under subpart H of part 279 of this chapter; and (g) Standards for use as a dust suppressant and disposal of used oil which are equivalent to those under subpart I of part 279 of this chapter. A State may petition (e.g., as part of its authorization petition submitted to EPA under § 271.5) EPA to allow the use of used oil (that is not mixed with hazardous waste and does not exhibit a characteristic other than ignitability) as a dust suppressant. The State must show that it has a program in place to prevent the use of used oil/hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of use as a dust suppressant on the environment. (h)(1) Unless otherwise provided in part 271, state programs shall have standards for the marketing and burning of used oil for energy recovery that are at least as stringent as the requirements and prohibitions that EPA adopted on November 29, in 40 CFR part 266, subpart E of this chapter. The part 279 of this chapter requirements specified in Table 1 (except those provisions identified in footnotes … | |||
| 40:40:29.0.1.1.5.1.47.27 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.27 Interim authorization-by-rule for the revised Corrective Action Management Unit rule. | EPA | [67 FR 3029, Jan. 22, 2002] | (a) States shall be deemed to have interim authorization pursuant to section 3006(g) of RCRA for the revised Corrective Action Management Unit rule if: (1) The State has been granted final authorization pursuant to section 3006(b) of RCRA for the regulation entitled “Corrective Action Management Units and Temporary Units,” February 16, 1993 and cited in Table 1 in § 271.1; and (2) The State notifies the Regional Administrator by March 25, 2002 that the State intends to and is able to use the revised Corrective Action Management Unit Standards rule as guidance. (b) Interim authorization pursuant to this section expires on August 30, 2004 if the State has not submitted an application for final authorization. | |||
| 40:40:29.0.1.1.5.1.47.3 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.3 Availability of final authorization. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 50 FR 28753, July 15, 1985; 51 FR 33721, Sept. 22, 1986; 60 FR 33914, June 29, 1995; 79 FR 7562, Feb. 7, 2014; 83 FR 462, Jan. 3, 2018] | (a) Where a State program meets the requirements of section 3006 of RCRA and this subpart it may receive authorization for any provision of its program corresponding to a Federal provision in effect on the date of the State's authorization. (b) States approved under this subpart are authorized to administer and enforce their hazardous waste program in lieu of the Federal program, except as provided below: (1) Any requirement or prohibition which is applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste and which is imposed pursuant to the Hazardous and Solid Waste Amendments of 1984 takes effect in each State having a finally authorized State program on the same date as such requirement takes effect in other States. These requirements and prohibitions are identified in § 271.1(j). (2) The requirements and prohibitions in § 271.1(j) supersede any less stringent provision of a State program. The Administrator is authorized to carry out each such Federal requirement and prohibition in an authorized State except where, pursuant to section 3006(b) or 3006(g)(2) of RCRA, the State has received final or interim authorization to carry out the particular requirement or prohibition. Violations of Federal requirements and prohibitions effective in authorized States are enforceable under sections 3008, 3013 and 7003 of RCRA. (3) Until an authorized State program is revised to reflect the amendments made by the Hazardous and Solid Waste Amendments of 1984 and such program revisions receive final or interim authorization pursuant to section 3006(b) or 3006(g)(2) of RCRA, the Administrator shall have the authority in such State to issue or deny permits or those portions of permits affected by the requirements and prohibitions established by the Hazardous and Solid Waste Amendments of 1984. (4) Any requirement imposed under the authority of the Hazardous Waste Electronic Manifest Establishment Act: (i) Shall take effect in each State having a finally authorized State program on the… | |||
| 40:40:29.0.1.1.5.1.47.4 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.4 Consistency. | EPA | [48 FR 14248, Apr. 1, 1983; 48 FR 30114, June 30, 1983, as amended at 79 FR 7562, Feb. 7, 2014] | To obtain approval, a State program must be consistent with the Federal program and State programs applicable in other States and in particular must comply with the provisions below. For purposes of this section the phrase “State programs applicable in other States” refers only to those State hazardous waste programs which have received final authorization under this part. (a) Any aspect of the State program which unreasonably restricts, impedes, or operates as a ban on the free movement across the State border of hazardous wastes from or to other States for treatment, storage, or disposal at facilities authorized to operate under the Federal or an approved State program shall be deemed inconsistent. (b) Any aspect of State law or of the State program which has no basis in human health or environmental protection and which acts as a prohibition on the treatment, storage or disposal of hazardous waste in the State may be deemed inconsistent. (c) If the state manifest system does not meet the requirements of this part, the state program shall be deemed inconsistent. The state manifest system must further allow the use and recognize the validity of electronic manifests as described in § 260.10 of this chapter. | |||
| 40:40:29.0.1.1.5.1.47.5 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.5 Elements of a program submission. | EPA | (a) Any State that seeks to administer a program under this part shall submit to the Administrator at least three copies of a program submission. The submission shall contain the following: (1) A letter from the Governor of the State requesting program approval; (2) A complete program description, as required by § 271.6 describing how the State intends to carry out its responsibilities under this subpart; (3) An Attorney General's statement as required by § 271.7; (4) A Memorandum of Agreement with the Regional Administrator as required by § 271.8; (5) Copies of all applicable State statutes and regulations, including those governing State administrative procedures; and (6) The showing required by § 271.20(c) of the State's public participation activities prior to program submission. (b) Within 30 days of receipt by EPA of a State program submission, EPA will notify the State whether its submission is complete. If EPA finds that a State's submission is complete, the statutory review period ( i.e. , the period of time allotted for formal EPA review of a proposed State program under section 3006(b) of the Act) shall be deemed to have begun on the date of receipt of the State's submission. If EPA finds that a State's submission is incomplete, the review period shall not begin until all necessary information is received by EPA. (c) If the State's submission is materially changed during the review period, the review period shall begin again upon receipt of the revised submission. (d) The State and EPA may extend the review period by agreement. | ||||
| 40:40:29.0.1.1.5.1.47.6 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.6 Program description. | EPA | [48 FR 14248, Apr. 1, 1983, as amended at 49 FR 10506, Mar. 20, 1984] | Any State that seeks to administer a program under this subpart shall submit a description of the program it proposes to administer in lieu of the Federal program under State law or under an interstate compact. The program description shall include: (a) A description in narrative form of the scope, structure, coverage and processes of the State program. (b) A description (including organization charts) of the organization and structure of the State agency or agencies which will have responsibility for administering the program, including the information listed below. If more than one agency is responsible for administration of a program, each agency must have statewide jurisdiction over a class of activities. The responsibilities of each agency must be delineated, their procedures for coordination set forth, and an agency must be designated as a “lead agency” to facilitate communications between EPA and the State agencies having program responsibilities. When the State proposes to administer a program of greater scope of coverage than is required by Federal law, the information provided under this paragraph shall indicate the resources dedicated to administering the Federally required portion of the program. (1) A description of the State agency staff who will carry out the State program, including the number, occupations, and general duties of the employees. The State need not submit complete job descriptions for every employee carrying out the State program. (2) An itemization of the estimated costs of establishing and administering the program, including cost of the personnel listed in paragraph (b)(1) of this section, cost of administrative support, and cost of technical support. This estimate must cover the first two years after program approval. (3) An itemization of the sources and amounts of funding, including an estimate of Federal grant money, available to the State Director to meet the costs listed in paragraph (b)(2) of this section, identifying any restrictions or limitations upon this funding. … | |||
| 40:40:29.0.1.1.5.1.47.7 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.7 Attorney General's statement. | EPA | (a) Any State that seeks to administer a program under this subpart shall submit a statement from the State Attorney General (or the attorney for those State agencies which have independent legal counsel) that the laws of the State provide adequate authority to carry out the program described under § 271.6 and to meet the requirements of this subpart. This statement shall include citations to the specific statutes, administrative regulations and, where appropriate, judicial decisions which demonstrate adequate authority. State statutes and regulations cited by the State Attorney General or independent legal counsel shall be in the form of lawfully adopted State statutes and regulations at the time the statement is signed and shall be fully effective by the time the program is approved. To qualify as “independent legal counsel” the attorney signing the statement required by this section must have full authority to independently represent the State agency in court on all matters pertaining to the State program. EPA will supply States with an Attorney General's statement format on request. (b) When a State seeks authority over activities on Indian lands, the statement shall contain an appropriate analysis of the State's authority. | ||||
| 40:40:29.0.1.1.5.1.47.8 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.8 Memorandum of Agreement with the Regional Administrator. | EPA | (a) Any State that seeks to administer a program under this subpart shall submit a Memorandum of Agreement (MOA). The Memorandum of Agreement shall be executed by the State Director and the Regional Administrator and shall become effective when approved by the Administrator. In addition to meeting the requirements of paragraph (b) of this section, the Memorandum of Agreement may include other terms, conditions, or agreements consistent with this subpart and relevant to the administration and enforcement of the State's regulatory program. The Administrator shall not approve any Memorandum of Agreement which contains provisions which restrict EPA's statutory oversight responsibility. (b) All Memoranda of Agreement shall include the following: (1) Provisions for the Regional Administrator to promptly forward to the State Director information obtained prior to program approval in notifications provided under section 3010(a) of RCRA. The Regional Administrator and the State Director shall agree on procedures for the assignment of EPA identification numbers for new generators, transporters, treatment, storage, and disposal facilities. (2) Provisions specifying the frequency and content of reports, documents and other information which the State is required to submit to EPA. The State shall allow EPA to routinely review State records, reports, and files relevant to the administration and enforcement of the approved program. State reports may be combined with grant reports where appropriate. (3) Provisions on the State's compliance monitoring and enforcement program, including: (i) Provisions for coordination of compliance monitoring activities by the State and by EPA. These may specify the basis on which the Regional Administrator will select facilities or activities within the State for EPA inspection. The Regional Administrator will normally notify the State at least 7 days before any such inspection; and (ii) Procedures to assure coordination of enforcement activities. (4) Provisions allowing EPA to conduct co… | ||||
| 40:40:29.0.1.1.5.1.47.9 | 40 | Protection of Environment | I | I | 271 | PART 271—REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS | A | Subpart A—Requirements for Final Authorization | § 271.9 Requirements for identification and listing of hazardous wastes. | EPA | [51 FR 33721, Sept. 22, 1986] | (a) The State program must control all the hazardous wastes controlled under 40 CFR part 261 and must adopt a list of hazardous wastes and set of characteristics for identifying hazardous wastes equivalent to those under 40 CFR part 261. (b) The State is not required to have a delisting mechanism. A State may receive authorization for delisting if the State regulations for delisting decisions are equivalent to § 260.20(b) and § 260.22, and the State provides public notice and opportunity for comment before granting or denying delisting requests. | |||
| 49:49:4.1.1.1.51.1.138.1 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.1 Purpose and scope. | FRA | (a) The purpose of this part is to improve railroad safety through structured, proactive processes and procedures developed and implemented by railroads. Each railroad subject to this part must establish a Risk Reduction Program (RRP) that systematically evaluates railroad safety hazards on its system and manages the risks associated with those hazards to reduce the number and rates of railroad accidents/incidents, injuries, and fatalities. (b) This part prescribes minimum Federal safety standards for the preparation, adoption, and implementation of RRPs. This part does not restrict railroads from adopting and enforcing additional or more stringent requirements not inconsistent with this part. (c) This part prescribes the protection of information a railroad compiles or collects solely for the purpose of planning, implementing, or evaluating an RRP under this part. (d) This part does not require an RRP to address hazards completely unrelated to railroad safety and that fall under the exclusive jurisdiction of another Federal agency. Additionally, an RRP required by this part is not intended to address and should not address the safety of employees while performing inspections, tests, and maintenance, except where FRA has already addressed workplace safety issues, such as blue signal protection in part 218 of this chapter. FRA does not intend to approve any specific portion of an RRP plan that relates exclusively to employee working conditions. | |||||
| 49:49:4.1.1.1.51.1.138.2 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.3 Application. | FRA | (a) Except as provided in paragraph (b) of this section, this part applies to— (1) Class I railroads; (2) Railroads determined to have inadequate safety performance pursuant to § 271.13; and (3) Railroads that voluntarily comply with the requirements of this part pursuant to § 271.15. (b) This part does not apply to: (1) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation; (2) Tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation; (3) Operation of private cars, including business/office cars and circus trains; (4) Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation ( i.e., plant railroads, as defined in § 271.5); and (5) Commuter or intercity passenger railroads that are subject to Federal system safety program requirements contained in part 270 of this chapter. (c) If a railroad contracts out significant portions of its operations, the contractor and the contractor's employees performing the railroad's operations shall be considered directly affected employees for purposes of this part. | |||||
| 49:49:4.1.1.1.51.1.138.3 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.5 Definitions. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 85 FR 12852, Mar. 4, 2020] | As used in this part only— Accident/incident means an “accident/incident” as defined in § 225.5 of this chapter. Administrator means the Administrator of the Federal Railroad Administration or the Administrator's delegate. Confidential Close Call Reporting System (C 3 RS) means an FRA-sponsored voluntary program designed to improve the safety of railroad operations by allowing railroad employees to confidentially report currently unreported or underreported unsafe events. FRA means the Federal Railroad Administration. FRA Associate Administrator means the Associate Administrator for Railroad Safety and Chief Safety Officer, Federal Railroad Administration, or the Associate Administrator's delegate. Fully implemented means that all elements of an RRP as described in the RRP plan are established and applied to the safety management of the railroad. Hazard means any real or potential condition that can cause injury, illness, or death; damage to or loss of a system, equipment, or property; or damage to the environment. Inadequate safety performance means safety performance that FRA has determined to be inadequate based on the criteria described in § 271.13. Mitigation strategy means an action or program intended to reduce or eliminate the risk associated with a hazard. Person means an entity of any type covered under 49 U.S.C. 21301, including, but not limited to, the following: A railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor or subcontractor providing goods or services to a railroad; any employee of such owner, manufacturer, lessor, lessee, or independent contractor or subcontractor. Pilot project means a limited scope project used to determine whether quantitative evaluation and analysis suggests that a particular system or mitigation strategy has potential to succeed on a full-scale basis. Plant railroad means a plant or installation that… | ||||
| 49:49:4.1.1.1.51.1.138.4 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.7 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.51.1.138.5 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.9 Penalties and responsibility for compliance. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 90 FR 28200, July 1, 2025] | (a) Any person that violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to individuals, or has caused death or injury, a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. Any person that knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. (b) Although the requirements of this part are stated in terms of the duty of a railroad, when any person, including a contractor or subcontractor to a railroad, performs any function covered by this part, that person (whether or not a railroad) shall perform that function in accordance with this part. | ||||
| 49:49:4.1.1.1.51.1.138.6 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.11 Discovery and admission as evidence of certain information. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 85 FR 12852, Mar. 4, 2020] | (a) Protected information. Except as provided in paragraph (a)(3) of this section, any information compiled or collected after February 17, 2021 solely for the purpose of planning, implementing, or evaluating a risk reduction program under this part shall not be subject to discovery, admitted into evidence, or considered for other purposes in a Federal or State court proceeding for damages involving personal injury, wrongful death, or property damage. For purposes of this section: (1) “Information” includes plans, reports, documents, surveys, schedules, lists, or data, and specifically includes a railroad's analysis of its safety risks under § 271.103(b) and a railroad's statement of mitigation measures under § 271.103(c); (2) “Solely” means that a railroad originally compiled or collected the information for the exclusive purpose of planning, implementing, or evaluating a risk reduction program under this part. Information compiled or collected for any other purpose is not protected, even if the railroad also uses that information for a risk reduction program. “Solely” also means a railroad continues to use that information only for its risk reduction program. If a railroad subsequently uses for any other purpose information that was initially compiled or collected for a risk reduction program, this section does not protect that information to the extent that it is used for the non-risk reduction program purpose. The use of that information within the railroad's risk reduction program, however, remains protected. This section does not protect information that is required to be compiled or collected pursuant to any other provision of law or regulation; and (3) A railroad may include a Confidential Close Call Reporting System (C 3 RS) program in a risk reduction program established under this part. For Federal or State court proceedings described by this paragraph (a) that are initiated after March 4, 2021, the information protected by this paragraph (a) includes C 3 RS information a railroad includes in it… | ||||
| 49:49:4.1.1.1.51.1.138.7 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.13 Determination of inadequate safety performance. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 90 FR 28200, July 1, 2025] | (a) General. (1) This section describes FRA's methodology for determining which railroads shall establish an RRP because they have inadequate safety performance. FRA's methodology consists of a two-phase annual analysis, comprised of both a quantitative analysis and qualitative assessment. FRA's methodology analyzes all railroads except for: (i) Railroads excluded from this part under § 271.3(b); (ii) Railroads already required to comply with this part; (iii) Railroads that are voluntarily complying with this part under § 271.15; and (iv) Except as provided in paragraph (a)(2) of this section, new start-up railroads that have reported accident/incident data to FRA pursuant to part 225 of this chapter for fewer than three years. (2) Notwithstanding paragraph (a)(1)(iv) of this section, railroads formed through amalgamation of operations (for example, railroads formed through consolidations, mergers, or acquisitions of control) are included in the analysis using the combined data of the pre-amalgamation entities. (b) Quantitative analysis —(1) Methodology. The first phase of FRA's annual analysis is a statistically-based quantitative analysis of each railroad within the scope of the analysis, using historical safety data maintained by FRA for the three most recent full calendar years. The purpose of the quantitative analysis is to make a threshold identification of railroads that possibly have inadequate safety performance. The quantitative analysis consists of a preliminary selection and a rate-based analysis. Only railroads that the preliminary selection identifies will proceed to the rate-based analysis. (i) The preliminary selection calculates the following values: (A) A railroad's number of worker on duty fatalities during the 3-year period, calculated using “Worker on Duty-Railroad Employee (Class A),” “Worker on Duty-Contractor (Class F),” and “Worker on Duty-Volunteer (Class H)” information reported on FRA Form 6180.55 pursuant to FRA's accident/incident reporting regulations in part 225 of thi… | ||||
| 49:49:4.1.1.1.51.1.138.8 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | A | Subpart A—General | § 271.15 Voluntary compliance. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 90 FR 28200, July 1, 2025] | (a) General. A railroad not otherwise subject to this part may voluntarily comply by establishing and fully implementing an RRP meeting the requirements of this part. A voluntary RRP shall be supported by an RRP plan that has been submitted to FRA for approval pursuant to the requirements of subpart D of this part. After FRA has approved its RRP plan, a voluntarily-compliant railroad that fails to comply with the requirements of this part is subject to civil penalties or other FRA enforcement action. (b) Duration. A voluntarily-compliant railroad will be required to comply with the requirements of this part for a minimum period of five years, running from the date on which FRA approves the railroad's plan pursuant to subpart D of this part. (c) Notification to discontinue compliance. After this five-year period, a voluntarily-compliant railroad may discontinue compliance with this part by providing written notice to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRA-RRP@dot.gov. (d) Discovery and admission as evidence of certain information. The information protection provisions in § 271.11 apply to information compiled or collected pursuant to a voluntary RRP that is conducted in accordance with the requirements of this part and as provided by § 271.301(b)(4)(ii). | ||||
| 49:49:4.1.1.1.51.2.138.1 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | B | Subpart B—Risk Reduction Program Requirements | § 271.101 Risk reduction programs. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 87 FR 35673, June 13, 2022] | (a) Program required. Each railroad shall establish and fully implement an RRP meeting the requirements of this part. An RRP shall systematically evaluate railroad safety hazards on a railroad's system and manage the resulting risks to reduce the number and rates of railroad accidents/incidents, injuries, and fatalities. An RRP is an ongoing program that supports continuous safety improvement. A railroad shall design its RRP so that it promotes and supports a positive safety culture at the railroad. An RRP shall include the following: (1) A risk-based hazard management program, as described in § 271.103; (2) A safety performance evaluation component, as described in § 271.105; (3) A safety outreach component, as described in § 271.107; (4) A technology analysis and technology implementation plan, as described in § 271.109; (5) RRP implementation and support training, as described in § 271.111; (6) Involvement of railroad employees in the establishment and implementation of an RRP, as described in § 271.113; and (7) An FRMP as described in § 271.607. (b) RRP plans. A railroad's RRP shall be supported by an FRA-approved RRP plan meeting the requirements of subpart C of this part. (c) Host railroads and system safety programs. (1) If a railroad subject to this part (RRP railroad) hosts passenger train service for a railroad subject to the system safety program requirements in part 270 of this title (system safety program (SSP) railroad), the RRP railroad shall communicate with the SSP railroad to coordinate the portions of the system safety program applicable to the RRP railroad hosting the passenger train service. (2) The RRP railroad shall incorporate its communication and coordination with the SSP railroad into its own RRP. (d) Persons that perform or utilize significant safety-related services. Under § 271.205(a)(3), a railroad's RRP plan shall identify persons that enter into a contractual relationship with the railroad to either perform significant safety-related services on the railroad's b… | ||||
| 49:49:4.1.1.1.51.2.138.2 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | B | Subpart B—Risk Reduction Program Requirements | § 271.103 Risk-based hazard management program. | FRA | (a) General. (1) An RRP shall include an integrated, system-wide, and ongoing risk-based HMP that proactively identifies hazards and mitigates the risks resulting from those hazards. (2) A risk-based HMP shall be fully implemented ( i.e., activities initiated) within 36 months after FRA approves a railroad's RRP plan pursuant to § 271.301(d). (b) Risk-based hazard analysis. As part of its risk-based HMP, a railroad shall conduct a risk-based hazard analysis that addresses, at a minimum, the following aspects of a railroad's system: Infrastructure; equipment; employee levels and work schedules; operating rules and practices; management structure; employee training; and other areas impacting railroad safety that are not covered by railroad safety laws or regulations or other Federal laws or regulations. A railroad shall make the results of its risk-based hazard analysis available to FRA upon request. At a minimum, a risk-based hazard analysis shall: (1) Identify hazards by analyzing: (i) Aspects of the railroad's system, including any operational changes, system extensions, or system modifications; and (ii) Accidents/incidents, injuries, fatalities, and other known indicators of hazards; (2) Calculate risk by determining and analyzing the likelihood and severity of potential events associated with identified risk-based hazards; and (3) Compare and prioritize the identified risks for mitigation purposes. (c) Mitigation strategies. (1) As part of its risk-based HMP, a railroad shall design and implement mitigation strategies that improve safety by: (i) Mitigating or eliminating aspects of a railroad's system that increase risks identified in the risk-based hazard analysis; and (ii) Enhancing aspects of a railroad's system that decrease risks identified in the risk-based hazard analysis. (2) A railroad may use pilot projects, including pilot projects conducted by other railroads, to determine whether quantitative data suggests that a particular mitigation strategy has potential to succeed on a full-s… | |||||
| 49:49:4.1.1.1.51.2.138.3 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | B | Subpart B—Risk Reduction Program Requirements | § 271.105 Safety performance evaluation. | FRA | (a) General. As part of its RRP, a railroad shall develop and maintain ongoing processes and systems for evaluating the safety performance of its system and identifying and analyzing its safety culture. A railroad's safety performance evaluation shall consist of both a safety monitoring and a safety assessment component. (b) Safety monitoring. A railroad shall monitor the safety performance of its system by, at a minimum, establishing processes and systems to acquire safety data and information from the following sources: (1) Continuous monitoring of operational processes and systems (including any operational changes, system extensions, or system modifications); (2) Periodic monitoring of the operational environment to detect changes that may generate new hazards; (3) Investigations of accidents/incidents, injuries, fatalities, and other known indicators of hazards; (4) Investigations of reports regarding potential non-compliance with Federal railroad safety laws or regulations, railroad operating rules and practices, or mitigation strategies established by the railroad; and (5) A reporting system through which employees can report safety concerns (including, but not limited to, hazards, issues, occurrences, and incidents) and propose safety solutions and improvements. (c) Safety assessment. To assess the need for changes to a railroad's mitigation strategies or overall RRP, a railroad shall establish processes to analyze the data and information collected pursuant to paragraph (b) of this section (as well as any other relevant data regarding its operations, products, and services). At a minimum, this assessment shall: (1) Evaluate the overall effectiveness of the railroad's RRP in reducing the number and rates of railroad accidents/incidents, injuries, and fatalities; (2) Evaluate the effectiveness of the railroad's RRP in meeting the goals described by its RRP plan (see § 271.203(c)); (3) Evaluate the effectiveness of risk mitigations in reducing the risk associated with an identified hazard. A… | |||||
| 49:49:4.1.1.1.51.2.138.4 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | B | Subpart B—Risk Reduction Program Requirements | § 271.107 Safety outreach. | FRA | (a) Outreach. An RRP shall include a safety outreach component that communicates RRP safety information to railroad personnel (including contractors) as that information is relevant to their positions. At a minimum, a safety outreach program shall: (1) Convey safety-critical information; (2) Explain why RRP-related safety actions are taken; and (3) Explain why safety procedures are introduced or changed. (b) Reporting to management. The status of risk-based HMP activities shall be reported to railroad senior management on an ongoing basis. | |||||
| 49:49:4.1.1.1.51.2.138.5 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | B | Subpart B—Risk Reduction Program Requirements | § 271.109 Technology analysis and technology implementation plan. | FRA | (a) General. As part of its RRP, a Class I railroad shall conduct a technology analysis and develop and adopt a technology implementation plan no later than February 17, 2023. A railroad with inadequate safety performance shall conduct a technology analysis and develop and adopt a technology implementation plan no later than three years after receiving final written notification from FRA to comply with this part, pursuant to § 271.13(d), or no later than February 17, 2023, whichever is later. A railroad that the STB reclassifies or newly classifies as a Class I railroad shall conduct a technology analysis and develop and adopt a technology implementation plan no later than three years following the effective date of the classification or reclassification or no later than April 18, 2023, whichever is later. A voluntarily-compliant railroad shall conduct a technology analysis and develop and adopt a technology implementation plan no later than three years after FRA approves the railroad's RRP plan. (b) Technology analysis. A technology analysis shall evaluate current, new, or novel technologies that may mitigate or eliminate hazards and the resulting risks identified through the risk-based HMP. The railroad shall analyze the safety impact, feasibility, and costs and benefits of implementing technologies that will mitigate or eliminate hazards and the resulting risks. At a minimum, the technologies a railroad shall consider as part of its technology analysis are: Processor-based technologies, positive train control systems, electronically-controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position monitors and indicators, trespasser prevention technology, and highway-rail grade crossing warning and protection technology. (c) Technology implementation plan. A railroad shall develop, and periodically update as necessary, a technology implementation plan that contains a prioritized implementation schedule describing the railroad's plan for development, adoptio… | |||||
| 49:49:4.1.1.1.51.2.138.6 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | B | Subpart B—Risk Reduction Program Requirements | § 271.111 Implementation and support training. | FRA | (a) A railroad shall provide RRP training to each employee, including an employee of any person identified by the railroad's RRP plan pursuant to § 271.205(a)(3) as performing significant safety-related services on the railroad's behalf or utilizing significant safety-related services provided by the railroad, who has significant responsibility for implementing and supporting the railroad's RRP. This training shall help ensure that all personnel with significant responsibility for implementing and supporting the RRP understand the goals of the program, are familiar with the elements of the railroad's program, and have the requisite knowledge and skills to fulfill their responsibilities under the program. (b) A railroad shall keep a record of training conducted under this section and update that record as necessary. A railroad shall make training records available for inspection and copying upon the request of representatives of FRA or States participating under part 212 of this chapter. (c) Training under this section may include, but is not limited to, interactive computer-based training, video conferencing, or formal classroom training. | |||||
| 49:49:4.1.1.1.51.2.138.7 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | B | Subpart B—Risk Reduction Program Requirements | § 271.113 Involvement of railroad employees. | FRA | (a) An RRP shall involve a railroad's directly affected employees in the establishment and implementation of the RRP. (b) For example, a railroad must have a process for involving directly affected employees when identifying hazards, developing and implementing mitigation strategies, conducting internal annual assessments, or otherwise performing actions required by this part. | |||||
| 49:49:4.1.1.1.51.3.138.1 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.201 General. | FRA | [87 FR 35673, June 13, 2022] | A railroad shall adopt and implement its RRP through a written RRP plan containing the elements described in this subpart and in § 271.609. A railroad's RRP plan shall be approved by FRA according to the requirements contained in subpart D of this part. | ||||
| 49:49:4.1.1.1.51.3.138.10 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.219 Implementation and support training plan. | FRA | (a) An RRP plan shall contain a training plan describing the railroad's processes, pursuant to § 271.111, for training employees with significant responsibility for implementing and supporting the RRP (including employees of a person identified pursuant to § 271.205(a)(3) as performing significant safety-related services on the railroad's behalf or utilizing significant safety-related services provided by the railroad for railroad operations purposes who have significant responsibility for implementing and supporting the railroad's RRP). (b) The training plan shall describe the content of the RRP training for each position or job function identified pursuant to § 271.225(b)(3) as having significant responsibilities for implementing the RRP. | |||||
| 49:49:4.1.1.1.51.3.138.11 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.221 Involvement of railroad employees process. | FRA | An RRP plan shall contain a description of the railroad's processes for involving railroad employees in the establishment and implementation of an RRP pursuant to § 271.113. If a railroad contracts out significant portions of its operations, the contractor and the contractor's employees performing the railroad's operations shall be considered employees for the purposes of this section. | |||||
| 49:49:4.1.1.1.51.3.138.12 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.223 Internal assessment process. | FRA | (a) An RRP plan shall describe the railroad's processes for conducting an internal assessment of its RRP pursuant to subpart E of this part. At a minimum, this description shall contain the railroad's processes used to: (1) Conduct an internal assessment of its RRP; (2) Internally report the results of its internal assessment to railroad senior management; and (3) Develop improvement plans, including developing and monitoring recommended improvements (including any necessary revisions or updates to the RRP plan) for fully implementing the railroad's RRP, complying with the implemented elements of the RRP plan, or achieving the goals identified in the railroad's RRP plan pursuant to § 271.203(c). (b) [Reserved] | |||||
| 49:49:4.1.1.1.51.3.138.13 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.225 RRP implementation plan. | FRA | (a) An RRP plan shall describe how the railroad will implement its RRP. A railroad may implement its RRP in stages, so long as the railroad fully implements the entire RRP within 36 months of FRA's approval of the plan. (b) At a minimum, a railroad's implementation plan shall: (1) Cover the entire implementation period; (2) Contain a timeline describing when certain implementation milestones will be achieved. Implementation milestones shall be specific and measurable; (3) Describe the roles and responsibilities of each position or job function that has significant responsibility for implementing the railroad's RRP or any changes to the railroad's RRP (including any such positions or job functions held by a person that enters into a contractual relationship with the railroad to either perform significant safety-related services on the railroad's behalf or to utilize significant safety-related services provided by the railroad for railroad operations purposes); and (4) Describe how significant changes to the RRP may be made. | |||||
| 49:49:4.1.1.1.51.3.138.2 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.203 Policy, purpose and scope, and goals. | FRA | (a) Policy statement. An RRP plan shall contain a policy statement endorsing the railroad's RRP. This statement shall be signed by the chief official at the railroad ( e.g., chief executive officer). (b) Purpose and scope. An RRP plan shall contain a statement describing the purpose and scope of the railroad's RRP. This purpose and scope statement shall describe: (1) The railroad's safety philosophy and safety culture; (2) How the railroad promotes improvements to its safety culture; and (3) The roles and responsibilities of railroad personnel (including management) within the railroad's RRP. (c) Goals. An RRP plan shall contain a statement that defines the specific goals of the RRP and describes clear strategies for reaching those goals. These goals shall be long-term, meaningful, measurable, and focused on the mitigation of risks arising from identified safety hazards. | |||||
| 49:49:4.1.1.1.51.3.138.3 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.205 System description. | FRA | (a) An RRP plan shall contain a description of the characteristics of the railroad's system. At a minimum, the system description shall: (1) Support the identification of hazards by establishing a basic understanding of the scope of the railroad's system; (2) Include components briefly describing the railroad's history, operations, scope of service, maintenance, physical plant, and system requirements; (3) Identify all persons that enter into a contractual relationship with the railroad to either perform significant safety-related services on the railroad's behalf or to utilize significant safety-related services provided by the railroad for railroad operations purposes. For example, a railroad's RRP plan shall identify entities such as host railroads, contract operators, shared track/corridor operators, or other contractors utilizing or performing significant safety-related services. A railroad shall identify such persons even if the persons are not required to comply with this part ( e.g., a railroad shall identify a tourist railroad that operates over the railroad's track even though the tourist railroad is exempt from this part pursuant to § 271.3(b)(2)); and (4) Describe how the railroad will ensure that any persons identified pursuant to paragraph (a)(3) of this section will support and participate in the railroad's RRP. For example, the system description shall describe the extent to which such persons will, as part of the railroad's RRP, assist in identifying hazards, developing and implementing mitigation strategies, conducting internal annual assessments, or otherwise performing actions required by this part. (b) [Reserved] | |||||
| 49:49:4.1.1.1.51.3.138.4 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.207 Consultation requirements. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 85 FR 12852, Mar. 4, 2020; 90 FR 28200, July 1, 2025] | (a) General duty. (1) Each railroad required to establish an RRP under this part shall in good faith consult with, and use its best efforts to reach agreement with, all of its directly affected employees, including any non-profit labor organization representing a class or craft of directly affected employees, on the contents of the RRP plan. (2) A railroad that consults with a non-profit employee labor organization is considered to have consulted with the directly affected employees represented by that organization. For directly affected employees represented by a non-profit employee labor organization, the primary point of contact shall be either the general chairperson of the non-profit employee labor organization or a non-profit employee labor organization primary point of contact the railroad and the non-profit employee labor organization agree on at the beginning of the consultation process. (b) Preliminary meeting. A railroad shall have a preliminary meeting with its directly affected employees to discuss how the consultation process will proceed. A railroad is not required to discuss the substance of an RRP plan during this preliminary meeting. (1) A Class I railroad shall meet no later than October 15, 2020 with its directly affected employees to discuss the consultation process. The Class I railroad shall notify the directly affected employees of this meeting no less than 60 days before it is scheduled. (2) A railroad determined to have inadequate safety performance shall meet no later than 30 days following FRA's notification with its directly affected employees to discuss the consultation process. The inadequate safety performance railroad shall notify the directly affected employees of this meeting no less than 15 days before it is scheduled. (3) A railroad that the STB reclassifies or newly classifies as a Class I railroad shall meet with its directly affected employees to discuss the consultation process no later than 30 days following the effective date of the classification or reclassific… | ||||
| 49:49:4.1.1.1.51.3.138.5 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.209 Consultation on amendments. | FRA | A railroad's RRP plan shall include a description of the process the railroad will use to consult with its directly affected employees on any subsequent substantive amendments to the railroad's RRP plan. The requirements of this section do not apply to non-substantive amendments ( e.g., amendments that update names and addresses of railroad personnel). | |||||
| 49:49:4.1.1.1.51.3.138.6 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.211 Risk-based hazard management program process. | FRA | (a) Risk-based hazard analysis. An RRP plan shall describe the railroad's method for conducting its risk-based hazard analysis pursuant to § 271.103(b). At a minimum, the description shall specify: (1) The processes the railroad will use to identify hazards and the risks associated with those hazards; (2) The sources the railroad will use to support the ongoing identification of hazards and the risks associated with those hazards; and (3) The processes the railroad will use to compare and prioritize identified risks for mitigation purposes. (b) Mitigation strategies. An RRP plan shall describe the railroad's processes for designing and implementing mitigation strategies pursuant to § 271.103(c). At a minimum, the description shall specify the railroad's processes for: (1) Identifying and selecting mitigation strategies; and (2) Monitoring an identified hazard through the mitigation of the risk associated with that hazard. | |||||
| 49:49:4.1.1.1.51.3.138.7 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.213 Safety performance evaluation process. | FRA | An RRP plan shall describe a railroad's processes for identifying and analyzing its safety culture pursuant to § 271.105(a), monitoring safety performance pursuant to § 271.105(b), and conducting safety assessments pursuant to § 271.105(c). | |||||
| 49:49:4.1.1.1.51.3.138.8 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.215 Safety outreach process. | FRA | An RRP plan shall describe a railroad's processes for communicating safety information to railroad personnel and management pursuant to § 271.107. | |||||
| 49:49:4.1.1.1.51.3.138.9 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | C | Subpart C—Risk Reduction Program Plan Requirements | § 271.217 Technology implementation plan process. | FRA | (a) An RRP plan shall contain a description of the railroad's processes for: (1) Conducting a technology analysis pursuant to § 271.109(b); and (2) Developing a technology implementation plan pursuant to § 271.109(c). (b) [Reserved] | |||||
| 49:49:4.1.1.1.51.4.138.1 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | D | Subpart D—Review, Approval, and Retention of Risk Reduction Program Plans | § 271.301 Filing and approval. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 90 FR 28200, July 1, 2025] | (a) Filing. A railroad shall submit one copy of its RRP plan to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRA-RRP@dot.gov. (b) Filing timeline. (1) A Class I railroad shall submit its RRP plan no later than August 16, 2021. (2) A railroad with inadequate safety performance shall submit its RRP plan no later than 180 days after receiving final written notification from FRA that it shall comply with this part, pursuant to § 271.13(d), or no later than August 16, 2021, whichever is later. (3) A railroad that the STB reclassifies or newly classifies as a Class I railroad shall submit its RRP plan no later than 90 days following the effective date of the classification or reclassification or no later than August 16, 2021, whichever is later. (4)(i) Before submitting an RRP plan for FRA's review and approval, a voluntarily-compliant railroad shall notify FRA of its intent to submit an RRP plan by providing written notice to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRA-RRP@dot.gov. (ii) The date that FRA receives a voluntarily-compliant railroad's written notice or February 18, 2021, whichever is later, serves as the date on which the voluntarily-compliant railroad may start compiling or collecting information solely for the purpose of planning, implementing, or evaluating a risk reduction program, as described by § 271.11. (iii) A voluntarily-compliant railroad shall submit its RRP plan no later than 180 days after FRA receives written notice that the voluntarily-compliant railroad intends to submit an RRP plan for review and approval. (c) RRP plan requirements. An RRP plan submitted by a railroad shall include: (1) The signature, name, title, address, and telephone number of the chief official responsible for safety and who bears the primary managerial authority for implementing the submitting railroad's safety policy. By signing, this chief official is certifying that the contents of the RRP plan are accurate and that the rai… | ||||
| 49:49:4.1.1.1.51.4.138.2 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | D | Subpart D—Review, Approval, and Retention of Risk Reduction Program Plans | § 271.303 Amendments. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 90 FR 28200, July 1, 2025] | (a) Consultation requirements. (1) For substantive amendments, a railroad shall follow the process, described in its RRP plan pursuant to § 271.209, for consulting with its directly affected employees and submitting a consultation statement to FRA. The requirements of this paragraph (a)(1) do not apply to non-substantive amendments ( e.g., amendments that update names and addresses of railroad personnel). (2) If a railroad and its directly affected employees cannot reach agreement on the proposed contents of a substantive amendment, the directly affected employees may file a statement with FRA under the procedures in § 271.207(e)(1). A railroad's directly affected employees have 15 days following the railroad's submission of a proposed amendment to submit the statement described in this paragraph. (b) Filing. (1) A railroad shall submit any amendment(s) to its approved RRP plan to FRA's Associate Administrator at FRA-RRP@dot.gov not less than 60 days before the proposed effective date of the amendment(s). The railroad shall file the amendment(s) with a cover letter outlining the proposed change(s) to the approved RRP plan. (2) If the proposed amendment is limited to adding or changing a name, title, address, or telephone number of a person, FRA approval is not required under the process of this section, although the railroad shall still file the amended RRP plan with FRA's Associate Administrator for Railroad Safety and Chief Safety Officer. These proposed amendments may be implemented by the railroad upon filing with FRA. All other proposed amendments must comply with the formal approval process described by this section. (c) Review. (1) FRA will review a proposed amendment to an RRP plan within 45 days of receipt. FRA will then notify the primary contact person of the railroad regarding whether FRA has approved the proposed amendment. FRA will also provide this notification to each individual identified in the service list accompanying the consultation statement required under paragraph (a)(1) of t… | ||||
| 49:49:4.1.1.1.51.4.138.3 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | D | Subpart D—Review, Approval, and Retention of Risk Reduction Program Plans | § 271.305 Reopened review. | FRA | Following approval of an RRP plan or an amendment to such a plan, FRA may reopen review of the plan or amendment, in whole or in part, for cause stated. | |||||
| 49:49:4.1.1.1.51.4.138.4 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | D | Subpart D—Review, Approval, and Retention of Risk Reduction Program Plans | § 271.307 Retention of RRP plans. | FRA | (a) Railroads. A railroad shall retain at its system and division headquarters one copy of its RRP plan and each subsequent amendment to that plan. A railroad may comply with this requirement by making an electronic copy available. (b) Inspection and copying. A railroad shall make a copy of the RRP plan and each subsequent amendment available to representatives of FRA or States participating under part 212 of this chapter for inspection and copying during normal business hours. | |||||
| 49:49:4.1.1.1.51.5.138.1 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | E | Subpart E—Internal Assessments | § 271.401 Annual internal assessments. | FRA | (a) Beginning with the first calendar year after the calendar year in which FRA approves a railroad's RRP plan pursuant to § 271.301(d), the railroad shall annually ( i.e., once every calendar year) conduct an internal assessment of its RRP. (b) The internal assessment shall determine the extent to which the railroad has: (1) Achieved the implementation milestones described in its RRP plan pursuant to § 271.225(b); (2) Complied with the implemented elements of the approved RRP plan; (3) Achieved the goals described in its RRP plan pursuant to § 271.203(c); (4) Implemented previous internal assessment improvement plans pursuant to § 271.403; and (5) Implemented previous external audit improvement plans pursuant to § 271.503. (c) A railroad shall ensure that the results of its internal assessments are internally reported to railroad senior management. | |||||
| 49:49:4.1.1.1.51.5.138.2 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | E | Subpart E—Internal Assessments | § 271.403 Internal assessment improvement plans. | FRA | (a) Within 30 days of completing its internal assessment, a railroad shall develop an improvement plan that addresses the findings of its internal assessment. (b) At a minimum, a railroad's improvement plan shall: (1) Describe recommended improvements (including any proposed revisions or updates to the RRP plan the railroad expects to make through the amendment process described in § 271.303) that address the findings of the internal assessment for fully implementing the railroad's RRP, complying with the implemented elements of the RRP plan, achieving the goals identified in the railroad's RRP plan pursuant to § 271.203(c), and implementing previous internal assessment improvement plans and external audit improvement plans; (2) Identify by position title the individual who is responsible for carrying out the recommended improvements; (3) Contain a timeline describing when specific and measurable milestones for implementing the recommended improvements will be achieved; and (4) Specify processes for monitoring the implementation and evaluating the effectiveness of the recommended improvements. | |||||
| 49:49:4.1.1.1.51.5.138.3 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | E | Subpart E—Internal Assessments | § 271.405 Internal assessment reports. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 90 FR 28200, July 1, 2025] | (a) Within 60 days of completing its internal assessment, a railroad shall submit a copy of an internal assessment report to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRA-RRP@dot.gov. (b) This report shall be signed by the railroad's chief official responsible for safety and who bears primary managerial authority for implementing the railroad's safety policy. The report shall include: (1) A description of the railroad's internal assessment; (2) The findings of the internal assessment; (3) A specific description of the recommended improvements contained in the railroad's internal assessment improvement plan, including any proposed amendments the railroad intends to make to the railroad's RRP plan pursuant to § 271.303; and (4) The status of the recommended improvements contained in the railroad's internal assessment improvement plan and any outstanding recommended improvements from previous internal assessment improvement plans. | ||||
| 49:49:4.1.1.1.51.6.138.1 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | F | Subpart F—External Audits | § 271.501 External audits. | FRA | FRA will conduct (or cause to be conducted) external audits of a railroad's RRP. Each audit shall evaluate the railroad's compliance with the elements of its RRP required by this part. A railroad shall make documentation kept pursuant to its RRP plan available for inspection and copying by representatives of FRA or States participating under part 212 of this chapter upon request. FRA will provide a railroad written notice of the audit results. | |||||
| 49:49:4.1.1.1.51.6.138.2 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | F | Subpart F—External Audits | § 271.503 External audit improvement plans. | FRA | [85 FR 9314, Feb. 18, 2020, as amended at 90 FR 28200, July 1, 2025] | (a) Submission. Within 60 days of receiving FRA's written notice of the audit results, if necessary, a railroad shall submit for approval an improvement plan addressing any instances of deficiency or non-compliance found in the audit to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRA-RRP@dot.gov. (b) Requirements. At a minimum, an improvement plan shall: (1) Describe the improvements the railroad will implement to address the audit findings; (2) Identify by position title the individual(s) responsible for carrying out the improvements necessary to address the audit findings; and (3) Contain a timeline describing when milestones for implementing the recommended improvements will be achieved. These implementation milestones shall be specific and measurable. (c) Approval. If FRA does not approve the railroad's improvement plan, FRA will notify the railroad of the plan's specific deficiencies. The railroad shall amend the proposed plan to correct the identified deficiencies and provide FRA a corrected copy no later than 30 days following receipt of FRA's notice that the proposed plan was not approved. (d) Status reports. Upon the request of the FRA Associate Administrator, a railroad shall provide FRA for review a status report on the implementation of the improvements contained in the improvement plan. | ||||
| 49:49:4.1.1.1.51.7.138.1 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | G | Subpart G—Fatigue Risk Management Programs | § 271.601 Definitions. | FRA | As used in this subpart— Contributing factor means a circumstance or condition that helps cause a result. Fatigue means a complex state characterized by a lack of alertness and reduced mental and physical performance, often accompanied by drowsiness. Fatigue-risk analysis means a railroad's analysis of its operations that: (1) Identifies and evaluates the fatigue-related railroad safety hazards on its system(s) and; (2) Determines the degree of risk associated with each of those hazards. FRMP means a Fatigue Risk Management Program. FRMP plan means a Fatigue Risk Management Program plan. Safety-related railroad employee means: (1) A person subject to 49 U.S.C. 21103, 21104, or 21105; (2) Another person involved in railroad operations not subject to 49 U.S.C. 21103, 21104, or 21105; (3) A person who inspects, installs, repairs or maintains track, roadbed, signal and communication systems, and electric traction systems including a roadway worker or railroad bridge worker; (4) A hazmat employee defined under 49 U.S.C. 5102(3); (5) A person who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; or (6) An employee of any person who utilizes or performs significant railroad safety-related services, as described in § 271.205(a)(3), if that employee performs a function identified in paragraphs (1) through (5) of this definition. | |||||
| 49:49:4.1.1.1.51.7.138.2 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | G | Subpart G—Fatigue Risk Management Programs | § 271.603 Purpose and scope of a Fatigue Risk Management Program (FRMP). | FRA | (a) Purpose. The purpose of an FRMP is to improve railroad safety through structured, proactive processes and procedures a railroad subject to this part develops and implements. A railroad's FRMP shall systematically identify and evaluate the fatigue-related railroad safety hazards on its system, determine the degree of risk associated with each hazard, and manage those risks to reduce the fatigue that its safety-related railroad employees experience and to reduce the risk of railroad accidents, incidents, injuries, and fatalities where the fatigue of any of these employees is a contributing factor. (b) Scope. A railroad shall: (1) Design its FRMP to reduce the fatigue its safety-related railroad employees experience and to reduce the risk of railroad accidents, incidents, injuries, and fatalities where the fatigue of any of these employees is a contributing factor; (2) Develop its FRMP by conducting a system-wide fatigue-risk analysis that accounts for the varying circumstances of its operations on different parts of its system; and (3) Employ in its FRMP the fatigue risk mitigation strategies the railroad identifies as appropriate to address those varying circumstances. | |||||
| 49:49:4.1.1.1.51.7.138.3 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | G | Subpart G—Fatigue Risk Management Programs | § 271.605 General requirements; procedure. | FRA | [87 FR 35673, June 13, 2022, as amended at 90 FR 28200, July 1, 2025] | (a) Each railroad subject to this part shall: (1) Establish and implement an FRMP as part of its RRP; and (2) Establish an FRA-approved FRMP plan as a component of a railroad's FRA-approved RRP plan and then update the FRMP plan as necessary as part of the annual internal assessment of its RRP under § 271.401. (b) A railroad's FRMP plan must explain the railroad's method of analysis of fatigue risks and the railroad's process(es) for implementing its FRMP. (c)(1) A railroad shall submit an FRMP plan for approval to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRAFatigue@dot.gov no later than either the applicable timeline in § 271.301(b) for filing its RRP plan or July 13, 2023, whichever is later; and (2) A railroad shall submit updates to its FRMP plan to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRAFatigue@dot.gov, under the process for amending its RRP plan in § 271.303. (d) FRA shall review and approve or disapprove a railroad's FRMP plan under the process for reviewing RRP plans in § 271.301(d) and updates to the railroad's FRMP plan under the process for reviewing amendments to an RRP plan in § 271.303(c). FRA approval of a railroad's FRMP plan amends a railroad's RRP plan to include the FRMP plan as a component. | ||||
| 49:49:4.1.1.1.51.7.138.4 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | G | Subpart G—Fatigue Risk Management Programs | § 271.607 Requirements for an FRMP. | FRA | (a) In general. An FRMP shall include an analysis of fatigue risks and mitigation strategies described in paragraphs (b) and (c) of this section. (b) Analysis of fatigue risks. A railroad shall conduct a fatigue-risk analysis as part of its FRA-approved FRMP, which includes identification of fatigue-related railroad safety hazards, assessment of the risks associated with those hazards, and prioritization of risks for mitigation. At a minimum, railroads must consider the following categories of risk factors, as applicable: (1) General health and medical conditions that can affect the fatigue levels among the population of safety-related railroad employees; (2) Scheduling issues that can affect the opportunities of safety-related railroad employees to obtain sufficient quality and quantity of sleep; and (3) Characteristics of each job category safety-related railroad employees work that can affect fatigue levels and risk for fatigue of those employees. (c) Mitigation strategies. A railroad shall develop and implement mitigation strategies to reduce the risk of railroad accidents, incidents, injuries, and fatalities where fatigue of any of its safety-related employees is a contributing factor. At a minimum, in developing and implementing these mitigation strategies, a railroad shall consider the railroad's policies, practices, and communications related to its safety-related railroad employees. (1) Policies. A railroad shall consider developing and implementing policies to reduce the risk of the exposure of its safety-related railroad employees to fatigue-related railroad safety hazards on its system. At a minimum, a railroad shall consider these policies: (i) Providing opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders; (ii) Identifying methods to minimize accidents and incidents that occur as a result of working at times when scientific and medical research have shown increased fatigue disrupts employee… | |||||
| 49:49:4.1.1.1.51.7.138.5 | 49 | Transportation | II | 271 | PART 271—RISK REDUCTION PROGRAM | G | Subpart G—Fatigue Risk Management Programs | § 271.609 Requirements for an FRMP plan. | FRA | [87 FR 35673, June 13, 2022, as amended at 90 FR 28200, July 1, 2025] | (a) In general. A railroad shall adopt and implement its FRMP through an FRA-approved FRMP plan, developed in consultation with directly affected employees as described under § 271.207. The railroad must submit the plan for approval to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRAFatigue@dot.gov, under the criteria of subpart D. (b) Goals. An FRMP plan must contain a statement that defines the specific fatigue-related goals of the FRMP and describes strategies for reaching those goals. (c) Methods —(1) Analysis of fatigue risk. An FRMP plan shall describe a railroad's method(s) for conducting its fatigue-risk analysis as part of its FRMP. The description shall specify: (i) The scope of the analysis, which is the covered population of safety-related railroad employees; (ii) The processes a railroad will use to identify fatigue-related railroad safety hazards on its system and determine the degree of risk associated with each fatigue-related hazard identified; (iii) The processes a railroad will use to compare and prioritize identified fatigue-related risks for mitigation purposes; and (iv) The information sources a railroad will use to support ongoing identification of fatigue-related railroad safety hazards and determine the degree of risk associated with those hazards. (2) Mitigation strategies. An FRMP plan shall describe a railroad's processes for: (i) Identifying and selecting fatigue risk mitigation strategies; and (ii) Monitoring identified fatigue-related railroad safety hazards. (3) Evaluation. An FRMP plan shall describe: (i) A railroad's processes for monitoring and evaluating the overall effectiveness of its FRMP and the effectiveness of fatigue-related mitigation strategies the railroad uses under § 271.607; and (ii) A railroad's procedures for reviewing the FRMP as part of the annual assessment of its RRP under § 271.401 and for updating the FRMP plan under the process for amending its RRP plan under § 271.303. (d) FRMP implementation p… | ||||
| 7:7:4.1.1.3.19.0.1.1 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.1 General purpose and scope. | FNS | [Amdt. 132, 43 FR 47882, Oct. 17, 1982, as amended by Amdt. 216, 47 FR 23461, May 28, 1982; Amdt. 248, 48 FR 16832, Apr. 19, 1983; Amdt. 356, 59 FR 29713, June 9, 1994; 85 FR 52031, Aug. 24, 2020; 89 FR 102362, Dec. 17, 2024] | (a) Purpose of SNAP. SNAP is designed to promote the general welfare and to safeguard the health and well-being of the Nation's population by raising the levels of nutrition among low-income households. In keeping with section 2 of the Food and Nutrition Act of 2008, the USDA established SNAP under the Act as the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. The increased utilization of food in establishing and maintaining adequate national levels of nutrition also promotes the distribution in a beneficial manner of the Nation's agricultural abundance and strengthens the Nation's agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate hunger and malnutrition, SNAP permits low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation. SNAP includes as a purpose to assist low-income adults in obtaining employment and increasing their earnings. Such employment and earnings, along with program benefits, permits low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation. (b) Scope of the regulations. Part 271 contains general information, definitions, and other material applicable to all parts of this subchapter. Part 272 sets forth policies and procedures governing State agencies which participate in the program. Part 273 describes the eligibility criteria to be applied by State agencies and related processing requirements and standards. Part 274 provides requirements for the issuance of SNAP benefits to eligible households and establishes related issuance responsibilities. Part 275 sets forth guidelines for monitoring SNAP, analyzing the results and formulating corrective action. Part 276 establishes State agency liability and certain Federal sanc… | |||||
| 7:7:4.1.1.3.19.0.1.2 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.2 Definitions. | FNS | [Amdt. 132, 43 FR 47882, Oct. 17, 1978] | Access device means any card, plate, code, account number, or other means of access that can be used alone, or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value, or that can be used to initiate a transfer of funds under the Food and Nutrition Act of 2008, as amended. Active case means a household which was certified prior to, or during, the sample month and issued SNAP benefits for the sample month. Active case error rate means an estimate of the proportion of cases with an error in the determination of eligibility or basis of issuance. This estimate will be expressed as a percentage of the completed active quality control reviews excluding all results from cases processed by SSA personnel or participating in a demonstration project identified by FNS as having certification rules that are significantly different from standard requirements. Adequate notice in a periodic reporting system such as monthly reporting or quarterly reporting means a written notice that includes a statement of the action the agency has taken or intends to take; the reason for the intended action; the household's right to request a fair hearing; the name of the person to contact for additional information; the availability of continued benefits; and the liability of the household for any overissuances received while awaiting a fair hearing if the hearing official's decision is adverse to the household. Depending on the timing of a State's system and the timeliness of report submission by participating households, such notice may be received prior to agency action, at the time reduced benefits are received, or, if benefits are terminated, at the time benefits would have been received if they had not been terminated. In all cases, however, participants will be allowed ten days from the mailing date of the notice to contest the agency action and to have benefits restored to their previous level. If the 10-day period ends on a weekend or a holiday and a request is… | |||||
| 7:7:4.1.1.3.19.0.1.3 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.3 Delegations to FNS for administration. | FNS | [Amdt. 132, 43 FR 47882, Oct. 17, 1982] | (a) Delegation. Within the Department, FNS acts on behalf of the Department in the administration of SNAP with the exception of those functions, which may be delegated to other agencies within the Department. The right is reserved at any time to withdraw, modify, or amend any delegation of authority. When authority is delegated to FNS, the responsibilities may be carried out by the Administrator or by another official of FNS, or by State agencies with respect to claims against households, as designated. (b) Claims settlement. FNS shall have the power to determine the amount of and to settle and adjust any claim arising under the provisions of the act or this subchapter, and to compromise or deny all or part of any claim. (c) Demonstration authority. FNS is authorized to undertake demonstration projects which test new methods designed to improve program administration and benefit delivery. FNS is authorized to initiate program research and evaluation efforts for the purposes of improving and assessing program administration and effectiveness. The procedure for initiating and conducting these projects is established in part 282. | |||||
| 7:7:4.1.1.3.19.0.1.4 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.4 Delegations to State agencies for administration. | FNS | [Amdt. 132, 43 FR 47882, Oct. 17, 1978, as amended by Amdt. 207, 47 FR 52333, Nov. 19, 1982; 85 FR 52032, Aug. 24, 2020] | (a) General delegation. The State agency shall be responsible for the administration of the program within the State, including, but not limited to: (1) Certification of applicant households; (2) Issuance, control, and accountability of SNAP benefits and EBT cards; (3) Developing and maintaining complaint procedures; (4) Developing, conducting, and evaluating training; (5) Conducting performance reporting reviews; (6) Keeping records necessary to determine whether the program is being conducted in compliance with these regulations; and (7) Submitting accurate and timely financial and program reports. (b) Claims delegation. FNS delegates to the State agency, subject to the standards in § 273.18, the authority to determine the amount of, and settle, adjust, compromise or deny all or part of any claim which results from fraudulent or nonfraudulent overissuances to participating households. | |||||
| 7:7:4.1.1.3.19.0.1.5 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.5 Benefits as obligations of the United States, crimes and offenses. | FNS | [Amdt. 132, 43 FR 47882, Oct. 17, 1978, as amended by Amdt. 221, 47 FR 35168, Aug. 13, 1982; Amdt. 269, 51 FR 10782, Mar. 28, 1986; Amdt. 334, 57 FR 3911, Feb. 3, 1992; 59 FR 51354, Oct. 11, 1994; 85 FR 52032, Aug. 24, 2020] | (a) Benefits as obligations. Pursuant to section 15(d) of the Food and Nutrition Act of 2008, benefits are an obligation of the United States within the meaning of 18 United States Code (U.S.C.) 8. The provisions of Title 18 of the United States Code, “Crimes and Criminal Procedure,” relative to counterfeiting, misuse and alteration of obligations of the United States are applicable to benefits and EBT cards. (b) Penalties. Any unauthorized issuance, redemption, use, transfer, acquisition, alteration, or possession of benefits, EBT cards, or other program access device may subject an individual, partnership, corporation, or other legal entity to prosecution under sections 15 (b) and (c) of the Food and Nutrition Act of 2008 or under any other applicable Federal, State or local law, regulation or ordinance. (c) Security for benefits and EBT cards. All individuals, partnerships, corporations, or other legal entities including State agencies and their delegatees (referred to in this paragraph as “persons”) having custody, care and control of benefits and EBT cards shall, at all times, take all precautions necessary to avoid acceptance, transfer, negotiation, or use of spurious, altered, or counterfeit benefits and EBT cards and to avoid any unauthorized use, transfer, acquisition, alteration or possession of benefits and EBT cards. These persons shall safeguard benefits and EBT cards from theft, embezzlement, loss, damage, or destruction. (d) Benefit issuers. (1) Any benefit issuer or any officer, employee or agent, thereof convicted of failing to provide the monthly reports required in § 274.5 or convicted of violating part 274 shall be subject to a fine of not more than $1,000, or imprisoned for not more than 1 year, or both. (2) Any benefit issuer or any officer, employee or agent, thereof convicted of knowingly providing false information in the reports required under § 274.5 shall be subject to a fine of not more than $10,000, or imprisoned not more than 5 years, or both. (e) Forfeiture and denial… | |||||
| 7:7:4.1.1.3.19.0.1.6 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.6 Complaint procedure. | FNS | [Amdt. 132, 43 FR 47882, Oct. 17, 1978, as amended at 45 FR 71350, Oct. 28, 1980; Amdt. 187, 45 FR 85699, Dec. 30, 1980; Amdt. 211, 47 FR 53315, Nov. 26, 1982; Amdt. 237, 47 FR 57668, Dec. 28, 1982; Amdt. 250, 48 FR 22130, May 17, 1983; Amdt. 269, 51 FR 10782, Mar. 28, 1986; Amdt. 356, 59 FR 29713, June 9, 1994; 76 FR 27606, May 12, 2011] | (a) State agency responsibility —(1) General scope. The State agency shall maintain a system of its choosing for handling program complaints filed by participants, potential participants, or other concerned individuals or groups. This shall not include complaints alleging discrimination on the basis of race, sex, age, religious creed, national origin, political beliefs or disability; such complaints shall be handled in accordance with § 272.6. This procedure also need not include complaints that can be pursued through a fair hearing. Complaints regarding such areas as processing standards and service to participants and potential participants would generally be handled under this complaint procedure. (2) Minimum requirements. The State agency shall follow up on complaints, resolve complaints and take corrective action where warranted, and respond to the complainant on the State agency's disposition of the complaint. The State agency shall make information on the complaint system and how to file a complaint available to participants, potential participants and other interested persons. The State agency may make the information available through written materials or posters at certification offices or other appropriate means. (3) Complaint analysis. The State agency shall maintain records of complaints received and their disposition, and shall review records at least annually to assess whether patterns of problems may be present in local offices, project areas, or throughout the State. The results of this review shall be provided to the Performance Reporting System coordinator for appropriate action, and for inclusion, if appropriate, in the State Corrective Action Plan in accordance with § 275.16 of this chapter. The information provided to the Performance Reporting System Coordinator shall include the identification, if any, of potential or actual patterns of deficiencies in local offices, project areas, or throughout the State, and any identification of causes of these problems. (4) Monitoring. FNS s… | |||||
| 7:7:4.1.1.3.19.0.1.7 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.7 Allotment reduction procedures. | FNS | [Amdt. 146, 46 FR 1426, Jan. 6, 1981, as amended by Amdt. 207, 47 FR 52333, Nov. 19, 1982; Amdt. 211, 47 FR 53315, Nov. 26, 1982; Amdt. 233, 47 FR 53830, Nov. 30, 1982; Amdt. 269, 51 FR 10782, Mar. 28, 1986; 54 FR 24154, June 6, 1989; 56 FR 63596, Dec. 4, 1991; Amdt. 356, 59 FR 29713, June 9, 1994; 78 FR 11972, Feb. 21, 2013] | (a) General purpose. This section sets forth the procedures to be followed if the monthly SNAP allotments determined in accordance with the provisions of § 273.10 must be reduced, suspended, or cancelled to comply with section 18 of the Food and Nutrition Act of 2008, as amended. The best available data pertaining to the number of people participating in the program and the amounts of benefits being issued shall be used in deciding whether such action is necessary. (b) Nature of reduction action. Action to comply with section 18 of the Food and Nutrition Act of 2008, as amended, may be a suspension or cancellation of allotments for one or more months, a reduction in allotment levels for one or more months or a combination of these three actions. If a reduction in allotments is deemed necessary, allotments shall be reduced by reducing maximum SNAP allotments amounts for each household size by the same percentage. This results in all households of a given size having their benefits reduced by the same dollar amount. The dollar reduction would be smallest for one-person households and greatest for the largest households. Since the dollar amount would be the same for all households of the same size, the rate of reduction would be lowest for zero net income households and greatest for the highest net income households. All one- and two-person households affected by a reduction action shall be guaranteed the minimum benefit unless the action is a cancellation of benefits, a suspension of benefits, or a reduction of benefits of 90 percent or more of the total amount of benefits projected to be issued in the affected month. (c) Reduction method. If a reduction in allotments is deemed necessary, the maximum SNAP allotments amounts for all household sizes shall be reduced by a percentage specified by FNS. For example, if it is determined that a 25 per cent reduction in the maximum SNAP allotments amount is to be made, the reduction for all four-person households would be calculated as follows: The maximum SNAP allo… | |||||
| 7:7:4.1.1.3.19.0.1.8 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.8 Information collection/recordkeeping—OMB assigned control numbers. | FNS | [82 FR 2034, Jan. 6, 2017, as amended at 89 FR 90568, Nov. 18, 2024] | ||||||
| 7:7:4.1.1.3.19.0.1.9 | 7 | Agriculture | II | C | 271 | PART 271—GENERAL INFORMATION AND DEFINITIONS | § 271.9 Promotional activities. | FNS | [81 FR 92556, Dec. 20, 2016] | No funds authorized to be appropriated under the Food and Nutrition Act of 2008, as amended, shall be used for recruitment or promotion activities as described in § 277.4(b)(5). No entity receiving funds under the Food and Nutrition Act of 2008, as amended, shall be permitted to perform activities described in § 277.4(b)(6) of this chapter. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);