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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:1.0.1.1.24.1.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | A | Subpart A—General Provisions | § 34.1 Purpose and scope. | NRC | [78 FR 17006, Mar. 19, 2013] | This part prescribes requirements for the issuance of licenses for the use of sealed sources containing byproduct material and radiation safety requirements for persons using these sealed sources in industrial radiography. The provisions and requirements of this part are in addition to, and not in substitution for, other requirements of this chapter. In particular, the requirements and provisions of parts 19, 20, 21, 30, 37, 71, 150, 170, and 171 of this chapter apply to applications and licenses subject to this part. This rule does not apply to medical uses of byproduct material. | ||||
| 10:10:1.0.1.1.24.1.94.2 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | A | Subpart A—General Provisions | § 34.3 Definitions. | NRC | ALARA (acronym for “as low as is reasonably achievable”) means making every reasonable effort to maintain exposures to radiation as far below the dose limits specified in 10 CFR part 20 as is practical consistent with the purpose for which the licensed activity is undertaken, taking into account the state of technology, the economics of improvements in relation to state of technology, the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, and in relation to utilization of nuclear energy and licensed materials in the public interest. Annual refresher safety training means a review conducted or provided by the licensee for its employees on radiation safety aspects of industrial radiography. The review may include, as appropriate, the results of internal inspections, new procedures or equipment, new or revised regulations, accidents or errors that have been observed, and should also provide opportunities for employees to ask safety questions. Associated equipment means equipment that is used in conjunction with a radiographic exposure device to make radiographic exposures that drives, guides, or comes in contact with the source, (e.g., guide tube, control tube, control (drive) cable, removable source stop, “J” tube and collimator when it is used as an exposure head. Becquerel (Bq) means one disintegration per second. Certifying Entity means an independent certifying organization meeting the requirements in appendix A of this part or an Agreement State meeting the requirements in appendix A, parts II and III of this part. Collimator means a radiation shield that is placed on the end of the guide tube or directly onto a radiographic exposure device to restrict the size of the radiation beam when the sealed source is cranked into position to make a radiographic exposure. Control (drive) cable means the cable that is connected to the source assembly and used to drive the source to and from the exposure location. Control dr… | |||||
| 10:10:1.0.1.1.24.1.94.3 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | A | Subpart A—General Provisions | § 34.5 Interpretations. | NRC | [62 FR 28963, May 28, 1997, as amended at 90 FR 55629, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission, other than a written interpretation by the General Counsel, will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:1.0.1.1.24.1.94.4 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | A | Subpart A—General Provisions | § 34.8 Information collection requirements: OMB approval. | NRC | [62 FR 52186, Oct. 6, 1997, as amended at 75 FR 73942, Nov. 30, 2010; 85 FR 65662, Oct. 16, 2020] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may nor conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0007. (b) The approved information collection requirements contained in this part appear in §§ 34.13, 34.20, 34.25, 34.27, 34.29, 34.31, 34.33, 34.35, 34.41, 34.42, 34.43, 34.45, 34.47, 34.49, 34.61, 34.63, 34.65, 34.67, 34.69, 34.71, 34.73, 34.75, 34.79, 34.81, 34.83, 34.85, 34.87, 34.89, 34.101, 34.111, and appendix A. (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. The information collection requirements and the control numbers under which it is approved are as follows: (1) In § 34.11, NRC Form 313 is approved under control number 3150-0120. (2) [Reserved] | ||||
| 10:10:1.0.1.1.24.2.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | B | Subpart B—Specific Licensing Provisions | § 34.11 Application for a specific license. | NRC | [68 FR 58805, Oct. 10, 2003] | A person may file an application for specific license for use of sealed sources in industrial radiography on NRC Form 313, “Application for Material License,” in accordance with the provisions of § 30.32 of this chapter. | ||||
| 10:10:1.0.1.1.24.2.94.2 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | B | Subpart B—Specific Licensing Provisions | § 34.13 Specific license for industrial radiography. | NRC | An application for a specific license for the use of licensed material in industrial radiography will be approved if the applicant meets the following requirements: (a) The applicant satisfies the general requirements specified in § 30.33 of this chapter for byproduct material, as appropriate, and any special requirements contained in this part. (b) The applicant submits an adequate program for training radiographers and radiographers' assistants that meets the requirements of § 34.43. (1) After May 28, 1999, a license applicant need not describe its initial training and examination program for radiographers in the subjects outlined in § 34.43(g). (2) From June 27, 1997 to May 28, 1999 a license applicant may affirm that all individuals acting as industrial radiographers will be certified in radiation safety by a certifying entity before commencing duty as radiographers. This affirmation substitutes for a description of its initial training and examination program for radiographers in the subjects outlined in § 34.43(g). (c) The applicant submits procedures for verifying and documenting the certification status of radiographers and for ensuring that the certification of individuals acting as radiographers remains valid. (d) The applicant submits written operating and emergency procedures as described in § 34.45. (e) The applicant submits a description of a program for inspections of the job performance of each radiographer and radiographers' assistant at intervals not to exceed 6 months as described in § 34.43(e). (f) The applicant submits a description of the applicant's overall organizational structure as it applies to the radiation safety responsibilities in industrial radiography, including specified delegation of authority and responsibility. (g) The applicant identifies and lists the qualifications of the individual(s) designated as the RSO (§ 34.42) and potential designees responsible for ensuring that the licensee's radiation safety program is implemented in accordance with approved procedures. … | |||||
| 10:10:1.0.1.1.24.3.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.20 Performance requirements for industrial radiography equipment. | NRC | [62 FR 28963, May 28, 1997, as amended at 69 FR 18803, Apr. 9, 2004; 77 FR 39906, July 6, 2012] | Equipment used in industrial radiographic operations must meet the following minimum criteria: (a)(1) Each radiographic exposure device, source assembly or sealed source, and all associated equipment must meet the requirements specified in American National Standards Institute, N432-1980 “Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography,” (published as NBS Handbook 136, issued January 1981). This publication has been approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a)and 1 CFR part 51. This publication may be purchased from the American National Standards Institute, Inc., 25 West 43rd Street, New York, New York 10036; Telephone: (212) 642-4900. Copies of the document are available for inspection at the Nuclear Regulatory Commission Library, 11545 Rockville Pike, Rockville, Maryland 20852. A copy of the document is also on file at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (2) Engineering analysis may be submitted by an applicant or licensee to demonstrate the applicability of previously performed testing on similar individual radiography equipment components. Upon review, the Commission may find this an acceptable alternative to actual testing of the component pursuant to the above referenced standard. (b) In addition to the requirements specified in paragraph (a) of this section, the following requirements apply to radiographic exposure devices, source changers, source assemblies and sealed sources. (1) The licensee shall ensure that each radiographic exposure device has attached to it a durable, legible, clearly visible label bearing the— (i) Chemical symbol and mass number of the radionuclide in the device; (ii) Activity and the date on which this activity was last measured; (iii) Model (or product code) and seri… | ||||
| 10:10:1.0.1.1.24.3.94.2 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.21 Limits on external radiation levels from storage containers and source changers. | NRC | The maximum exposure rate limits for storage containers and source changers are 2 millisieverts (200 millirem) per hour at any exterior surface, and 0.1 millisieverts (10 millirem) per hour at 1 meter from any exterior surface with the sealed source in the shielded position. | |||||
| 10:10:1.0.1.1.24.3.94.3 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.23 Locking of radiographic exposure devices, storage containers and source changers. | NRC | (a) Each radiographic exposure device must have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. The exposure device and/or its container must be kept locked (and if a keyed-lock, with the key removed at all times) when not under the direct surveillance of a radiographer or a radiographer's assistant except at permanent radiographic installations as stated in § 34.51. In addition, during radiographic operations the sealed source assembly must be secured in the shielded position each time the source is returned to that position. (b) Each sealed source storage container and source changer must have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. Storage containers and source changers must be kept locked (and if a keyed-lock, with the key removed at all times) when containing sealed sources except when under the direct surveillance of a radiographer or a radiographer's assistant. | |||||
| 10:10:1.0.1.1.24.3.94.4 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.25 Radiation survey instruments. | NRC | (a) The licensee shall keep sufficient calibrated and operable radiation survey instruments at each location where radioactive material is present to make the radiation surveys required by this part and by 10 CFR part 20 of this chapter. Instrumentation required by this section must be capable of measuring a range from 0.02 millisieverts (2 millirems) per hour through 0.01 sievert (1 rem) per hour. (b) The licensee shall have each radiation survey instrument required under paragraph (a) of this section calibrated— (1) At intervals not to exceed 6 months and after instrument servicing, except for battery changes; (2) For linear scale instruments, at two points located approximately one-third and two-thirds of full-scale on each scale; for logarithmic scale instruments, at mid-range of each decade, and at two points of at least one decade; and for digital instruments, at 3 points between 0.02 and 10 millisieverts (2 and 1000 millirems) per hour; and (3) So that an accuracy within plus or minus 20 percent of the calibration source can be demonstrated at each point checked. (c) The licensee shall maintain records of the results of the instrument calibrations in accordance with § 34.65. | |||||
| 10:10:1.0.1.1.24.3.94.5 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.27 Leak testing and replacement of sealed sources. | NRC | [62 FR 28963, May 28, 1997, as amended at 63 FR 37061, July 9, 1998; 67 FR 77652, Dec. 19, 2002; 68 FR 58805, Oct. 10, 2003; 73 FR 5719, Jan. 31, 2008] | (a) The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing of any sealed source must be performed by persons authorized to do so by the NRC or an Agreement State. (b) The opening, repair, or modification of any sealed source must be performed by persons specifically authorized to do so by the Commission or an Agreement State. (c) Testing and recordkeeping requirements. (1) Each licensee who uses a sealed source shall have the source tested for leakage at intervals not to exceed 6 months. The leak testing of the source must be performed using a method approved by the Commission or by an Agreement State. The wipe sample should be taken from the nearest accessible point to the sealed source where contamination might accumulate. The wipe sample must be analyzed for radioactive contamination. The analysis must be capable of detecting the presence of 185 Bq (0.005 microcurie) of radioactive material on the test sample and must be performed by a person specifically authorized by the Commission or an Agreement State to perform the analysis. (2) The licensee shall maintain records of the leak tests in accordance with § 34.67. (3) Unless a sealed source is accompanied by a certificate from the transferor that shows that it has been leak tested within 6 months before the transfer, it may not be used by the licensee until tested for leakage. Sealed sources that are in storage and not in use do not require leak testing, but must be tested before use or transfer to another person if the interval of storage exceeds 6 months. (d) Any test conducted pursuant to paragraph (c) of this section which reveals the presence of 185 Bq (0.005 microcurie) or more of removable radioactive material must be considered evidence that the sealed source is leaking. The licensee shall immediately withdraw the equipment involved from use and shall have it decontaminated and repaired or disposed of in accordance with Commission regulations. A report must be filed with the Director, Off… | ||||
| 10:10:1.0.1.1.24.3.94.6 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.29 Quarterly inventory. | NRC | (a) Each licensee shall conduct a quarterly physical inventory to account for all sealed sources and for devices containing depleted uranium received and possessed under this license. (b) The licensee shall maintain records of the quarterly inventory in accordance with § 34.69. | |||||
| 10:10:1.0.1.1.24.3.94.7 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.31 Inspection and maintenance of radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments. | NRC | (a) The licensee shall perform visual and operability checks on survey meters, radiographic exposure devices, transport and storage containers, associated equipment and source changers before use on each day the equipment is to be used to ensure that the equipment is in good working condition, that the sources are adequately shielded, and that required labeling is present. Survey instrument operability must be performed using check sources or other appropriate means. If equipment problems are found, the equipment must be removed from service until repaired. (b) Each licensee shall have written procedures for: (1) Inspection and routine maintenance of radiographic exposure devices, source changers, associated equipment, transport and storage containers, and survey instruments at intervals not to exceed 3 months or before the first use thereafter to ensure the proper functioning of components important to safety. Replacement components shall meet design specifications. If equipment problems are found, the equipment must be removed from service until repaired. (2) Inspection and maintenance necessary to maintain the Type B packaging used to transport radioactive materials. The inspection and maintenance program must include procedures to assure that Type B packages are shipped and maintained in accordance with the certificate of compliance or other approval. (c) Records of equipment problems and of any maintenance performed under paragraphs (a) and (b) of this section must be made in accordance with § 34.73. | |||||
| 10:10:1.0.1.1.24.3.94.8 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.33 Permanent radiographic installations. | NRC | (a) Each entrance that is used for personnel access to the high radiation area in a permanent radiographic installation must have either: (1) An entrance control of the type described in § 20.1601(a)(1) of this chapter that reduces the radiation level upon entry into the area, or (2) Both conspicuous visible and audible warning signals to warn of the presence of radiation. The visible signal must be actuated by radiation whenever the source is exposed. The audible signal must be actuated when an attempt is made to enter the installation while the source is exposed. (b) The alarm system must be tested for proper operation with a radiation source each day before the installation is used for radiographic operations. The test must include a check of both the visible and audible signals. Entrance control devices that reduce the radiation level upon entry (designated in paragraph (a)(1) of this section) must be tested monthly. If an entrance control device or an alarm is operating improperly, it must be immediately labeled as defective and repaired within 7 calendar days. The facility may continue to be used during this 7-day period, provided the licensee implements the continuous surveillance requirements of § 34.51 and uses an alarming ratemeter. Test records for entrance controls and audible and visual alarm must be maintained in accordance with § 34.75. | |||||
| 10:10:1.0.1.1.24.3.94.9 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | C | Subpart C—Equipment | § 34.35 Labeling, storage, and transportation. | NRC | (a) The licensee may not use a source changer or a container to store licensed material unless the source changer or the storage container has securely attached to it a durable, legible, and clearly visible label bearing the standard trefoil radiation caution symbol conventional colors, i.e. , magenta, purple or black on a yellow background, having a minimum diameter of 25 mm, and the wording CAUTION* RADIOACTIVE MATERIAL NOTIFY CIVIL AUTHORITIES (or “NAME OF COMPANY”) *____ or “DANGER” CAUTION* RADIOACTIVE MATERIAL NOTIFY CIVIL AUTHORITIES (or “NAME OF COMPANY”) *____ or “DANGER” (b) The licensee may not transport licensed material unless the material is packaged, and the package is labeled, marked, and accompanied with appropriate shipping papers in accordance with regulations set out in 10 CFR part 71. (c) Locked radiographic exposure devices and storage containers must be physically secured to prevent tampering or removal by unauthorized personnel. The licensee shall store licensed material in a manner which will minimize danger from explosion or fire. (d) The licensee shall lock and physically secure the transport package containing licensed material in the transporting vehicle to prevent accidental loss, tampering, or unauthorized removal of the licensed material from the vehicle. | |||||
| 10:10:1.0.1.1.24.4.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.41 Conducting industrial radiographic operations. | NRC | [62 FR 28963, May 28, 1997, as amended at 63 FR 37061, July 9, 1998] | (a) Whenever radiography is performed at a location other than a permanent radiographic installation, the radiographer must be accompanied by at least one other qualified radiographer or an individual who has at a minimum met the requirements of § 34.43(c). The additional qualified individual shall observe the operations and be capable of providing immediate assistance to prevent unauthorized entry. Radiography may not be performed if only one qualified individual is present. (b) All radiographic operations conducted at locations of use authorized on the license must be conducted in a permanent radiographic installation, unless specifically authorized by the Commission. (c) A licensee may conduct lay-barge, offshore platform, or underwater radiography only if procedures have been approved by the Commission or by an Agreement State. (d) Licensees will have until June 27, 1998, to meet the requirements for having two qualified individuals present at locations other than a permanent radiographic installation as specified in paragraph (a) of this section. | ||||
| 10:10:1.0.1.1.24.4.94.2 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.42 Radiation Safety Officer for industrial radiography. | NRC | [62 FR 28963, May 28, 1997, as amended at 63 FR 37061, July 9, 1998] | The RSO shall ensure that radiation safety activities are being performed in accordance with approved procedures and regulatory requirements in the daily operation of the licensee's program. (a) The minimum qualifications, training, and experience for RSOs for industrial radiography are as follows: (1) Completion of the training and testing requirements of § 34.43(a); (2) 2000 hours of hands-on experience as a qualified radiographer in industrial radiographic operations; and (3) Formal training in the establishment and maintenance of a radiation protection program. (b) The Commission will consider alternatives when the RSO has appropriate training and/or experience in the field of ionizing radiation, and in addition, has adequate formal training with respect to the establishment and maintenance of a radiation safety protection program. (c) The specific duties and authorities of the RSO include, but are not limited to: (1) Establishing and overseeing all operating, emergency, and ALARA procedures as required by 10 CFR part 20 of this chapter, and reviewing them regularly to ensure that the procedures in use conform to current 10 CFR part 20 procedures, conform to other NRC regulations and to the license conditions. (2) Overseeing and approving all phases of the training program for radiographic personnel, ensuring that appropriate and effective radiation protection practices are taught; (3) Ensuring that required radiation surveys and leak tests are performed and documented in accordance with the regulations, including any corrective measures when levels of radiation exceed established limits; (4) Ensuring that personnel monitoring devices are calibrated and used properly by occupationally-exposed personnel, that records are kept of the monitoring results, and that timely notifications are made as required by § 20.2203 of this chapter; and (5) Ensuring that operations are conducted safely and to assume control for instituting corrective actions including stopping of operations when necessary. (d) Licen… | ||||
| 10:10:1.0.1.1.24.4.94.3 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.43 Training. | NRC | [62 FR 28963, May 28, 1997, as amended at 63 FR 37061, July 9, 1998; 68 FR 58805, Oct. 10, 2003, 73 FR 5720, Jan. 31, 2008] | (a) The licensee may not permit any individual to act as a radiographer until the individual— (1) Has received training in the subjects in paragraph (g) of this section, in addition to a minimum of 2 months of on-the-job training, and is certified through a radiographer certification program by a certifying entity in accordance with the criteria specified in appendix A of this part. (An independent organization that would like to be recognized as a certifying entity shall submit its request to the Director, Office of Nuclear Material Safety and Safeguards, by an appropriate method listed in § 30.6(a) of this chapter.); or (2) The licensee may, until June 27, 1999, allow an individual who has not met the requirements of paragraph (a)(1) of this section, to act as a radiographer after the individual has received training in the subjects outlined in paragraph (g) of this section and demonstrated an understanding of these subjects by successful completion of a written examination that was previously submitted to and approved by the Commission. (b) In addition, the licensee may not permit any individual to act as a radiographer until the individual— (1) Has received copies of and instruction in the requirements described in NRC regulations contained in this part; in §§ 30.7, 30.9, and 30.10 of this chapter; in the applicable sections of 10 CFR parts 19 and 20, of this chapter, in applicable DOT regulations as referenced in 10 CFR part 71, in the NRC license(s) under which the radiographer will perform industrial radiography, and the licensee's operating and emergency procedures; (2) Has demonstrated understanding of the licensee's license and operating and emergency procedures by successful completion of a written or oral examination covering this material. (3) Has received training in the use of the licensee's radiographic exposure devices, sealed sources, in the daily inspection of devices and associated equipment, and in the use of radiation survey instruments. (4) Has demonstrated understanding of the use o… | ||||
| 10:10:1.0.1.1.24.4.94.4 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.45 Operating and emergency procedures. | NRC | (a) Operating and emergency procedures must include, as a minimum, instructions in the following: (1) Appropriate handling and use of licensed sealed sources and radiographic exposure devices so that no person is likely to be exposed to radiation doses in excess of the limits established in 10 CFR part 20 of this chapter “Standards for Protection Against Radiation”; (2) Methods and occasions for conducting radiation surveys; (3) Methods for controlling access to radiographic areas; (4) Methods and occasions for locking and securing radiographic exposure devices, transport and storage containers and sealed sources; (5) Personnel monitoring and the use of personnel monitoring equipment; (6) Transporting sealed sources to field locations, including packing of radiographic exposure devices and storage containers in the vehicles, placarding of vehicles when needed, and control of the sealed sources during transportation (refer to 49 CFR parts 171-173); (7) The inspection, maintenance, and operability checks of radiographic exposure devices, survey instruments, transport containers, and storage containers; (8) Steps that must be taken immediately by radiography personnel in the event a pocket dosimeter is found to be off-scale or an alarm ratemeter alarms unexpectedly. (9) The procedure(s) for identifying and reporting defects and noncompliance, as required by 10 CFR part 21 of this chapter; (10) The procedure for notifying proper persons in the event of an accident; (11) Minimizing exposure of persons in the event of an accident; (12) Source recovery procedure if licensee will perform source recovery; (13) Maintenance of records. (b) The licensee shall maintain copies of current operating and emergency procedures in accordance with §§ 34.81 and 34.89. | |||||
| 10:10:1.0.1.1.24.4.94.5 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.46 Supervision of radiographers' assistants. | NRC | Whenever a radiographer's assistant uses radiographic exposure devices, associated equipment or sealed sources or conducts radiation surveys required by § 34.49(b) to determine that the sealed source has returned to the shielded position after an exposure, the assistant shall be under the personal supervision of a radiographer. The personal supervision must include: (a) The radiographer's physical presence at the site where the sealed sources are being used; (b) The availability of the radiographer to give immediate assistance if required; and (c) The radiographer's direct observation of the assistant's performance of the operations referred to in this section. | |||||
| 10:10:1.0.1.1.24.4.94.6 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.47 Personnel monitoring. | NRC | [62 FR 28963, May 28, 1997, as amended at 65 FR 63751, Oct. 24, 2000; 85 FR 15351, Mar. 18, 2020] | (a) The licensee may not permit any individual to act as a radiographer or a radiographer's assistant unless, at all times during radiographic operations, each individual wears, on the trunk of the body, a direct reading dosimeter, an operating alarm ratemeter, and a personnel dosimeter. At permanent radiography installations where other appropriate alarming or warning devices are in routine use, the wearing of an alarming ratemeter is not required. (1) Pocket dosimeters must have a range from zero to 2 millisieverts (200 millirems) and must be recharged at the start of each shift. Electronic personal dosimeters may only be used in place of ion-chamber pocket dosimeters. (2) Each personnel dosimeter must be assigned to and worn only by one individual. (3) Film badges must be replaced at least monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters must be evaluated at least quarterly or promptly after replacement, whichever is more frequent. (b) Direct reading dosimeters such as pocket dosimeters or electronic personal dosimeters, must be read and the exposures recorded at the beginning and end of each shift, and records must be maintained in accordance with § 34.83. (c) Pocket dosimeters, or electronic personal dosimeters, must be checked at periods not to exceed 12 months for correct response to radiation, and records must be maintained in accordance with § 34.83. Acceptable dosimeters must read within plus or minus 20 percent of the true radiation exposure. (d) If an individual's pocket chamber is found to be off-scale, or if his or her electronic personal dosimeter reads greater than 2 millisieverts (200 millirems), and the possibility of radiation exposure cannot be ruled out as the cause, the individual's personnel dosimeter that requires processing must be sent for processing and evaluation within 24 hours. For personnel dosimeters that do not require processing, evaluation of the dosimeter must be started within 24 hours. In a… | ||||
| 10:10:1.0.1.1.24.4.94.7 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.49 Radiation surveys. | NRC | The licensee shall: (a) Conduct surveys with a calibrated and operable radiation survey instrument that meets the requirements of § 34.25. (b) Using a survey instrument meeting the requirements of paragraph (a) of this section, conduct a survey of the radiographic exposure device and the guide tube after each exposure when approaching the device or the guide tube. The survey must determine that the sealed source has returned to its shielded position before exchanging films, repositioning the exposure head, or dismantling equipment. (c) Conduct a survey of the radiographic exposure device with a calibrated radiation survey instrument any time the source is exchanged and whenever a radiographic exposure device is placed in a storage area (as defined in § 34.3), to ensure that the sealed source is in its shielded position. (d) Maintain records in accordance with § 34.85. | |||||
| 10:10:1.0.1.1.24.4.94.8 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.51 Surveillance. | NRC | During each radiographic operation the radiographer, or the other individual present, as required by § 34.41, shall maintain continuous direct visual surveillance of the operation to protect against unauthorized entry into a high radiation area, as defined in 10 CFR part 20 of this chapter, except at permanent radiographic installations where all entryways are locked and the requirements of § 34.33 are met. | |||||
| 10:10:1.0.1.1.24.4.94.9 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | D | Subpart D—Radiation Safety Requirements | § 34.53 Posting. | NRC | [62 FR 28963, May 28, 1997, as amended at 66 FR 64738, Dec. 14, 2001] | All areas in which industrial radiography is being performed must be conspicuously posted as required by § 20.1902(a) and (b) of this chapter. Exceptions listed in § 20.1903 of this chapter do not apply to industrial radiographic operations. | ||||
| 10:10:1.0.1.1.24.5.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.61 Records of the specific license for industrial radiography. | NRC | Each licensee shall maintain a copy of its license, license conditions, documents incorporated by reference, and amendments to each of these items until superseded by new documents approved by the Commission, or until the Commission terminates the license. | |||||
| 10:10:1.0.1.1.24.5.94.10 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.81 Copies of operating and emergency procedures. | NRC | Each licensee shall maintain a copy of current operating and emergency procedures until the Commission terminates the license. Superseded material must be retained for 3 years after the change is made. | |||||
| 10:10:1.0.1.1.24.5.94.11 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.83 Records of personnel monitoring procedures. | NRC | [62 FR 28963, May 28, 1997, as amended at 65 FR 63752, Oct. 24, 2000; 85 FR 15351, Mar. 18, 2020] | Each licensee shall maintain the following exposure records specified in § 34.47: (a) Direct reading dosimeter readings and yearly operability checks required by § 34.47 (b) and (c) for 3 years after the record is made. (b) Records of alarm ratemeter calibrations for 3 years after the record is made. (c) Personnel dosimeter results until the Commission terminates the license. (d) Records of estimates of exposures as a result of: off-scale personal direct reading dosimeters, or lost or damaged personnel dosimeters until the Commission terminates the license. | ||||
| 10:10:1.0.1.1.24.5.94.12 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.85 Records of radiation surveys. | NRC | Each licensee shall maintain a record of each exposure device survey conducted before the device is placed in storage as specified in § 34.49(c), if that survey is the last one performed in the workday. Each record must be maintained for 3 years after it is made. | |||||
| 10:10:1.0.1.1.24.5.94.13 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.87 Form of records. | NRC | [62 FR 28963, May 28, 1997, as amended at 90 FR 55629, Dec. 3, 2025] | Each record required by this part must be legible throughout the specified retention period. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of reproducing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records, such as letters, drawings, and specifications, must include all pertinent information, such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:1.0.1.1.24.5.94.14 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.89 Location of documents and records. | NRC | (a) Each licensee shall maintain copies of records required by this part and other applicable parts of this chapter at the location specified in § 34.13(k). (b) Each licensee shall also maintain copies of the following documents and records sufficient to demonstrate compliance at each applicable field station and each temporary jobsite; (1) The license authorizing the use of licensed material; (2) A copy of 10 CFR parts 19, 20, and 34 of NRC regulations; (3) Utilization records for each radiographic exposure device dispatched from that location as required by § 34.71. (4) Records of equipment problems identified in daily checks of equipment as required by § 34.73(a); (5) Records of alarm system and entrance control checks required by § 34.75, if applicable; (6) Records of direct reading dosimeters such as pocket dosimeter and/or electronic personal dosimeters readings as required by § 34.83; (7) Operating and emergency procedures required by § 34.81; (8) Evidence of the latest calibration of the radiation survey instruments in use at the site, as required by § 34.65; (9) Evidence of the latest calibrations of alarm ratemeters and operability checks of pocket dosimeters and/or electronic personal dosimeters as required by § 34.83; (10) Latest survey records required by § 34.85; (11) The shipping papers for the transportation of radioactive materials required by § 71.5 of this chapter; and (12) When operating under reciprocity pursuant to § 150.20 of this chapter, a copy of the Agreement State license authorizing the use of licensed materials. | |||||
| 10:10:1.0.1.1.24.5.94.2 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.63 Records of receipt and transfer of sealed sources. | NRC | (a) Each licensee shall maintain records showing the receipts and transfers of sealed sources and devices using DU for shielding and retain each record for 3 years after it is made. (b) These records must include the date, the name of the individual making the record, radionuclide, number of becquerels (curies) or mass (for DU), and manufacturer, model, and serial number of each sealed source and/or device, as appropriate. | |||||
| 10:10:1.0.1.1.24.5.94.3 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.65 Records of radiation survey instruments. | NRC | Each licensee shall maintain records of the calibrations of its radiation survey instruments that are required under § 34.25 and retain each record for 3 years after it is made. | |||||
| 10:10:1.0.1.1.24.5.94.4 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.67 Records of leak testing of sealed sources and devices containing depleted uranium. | NRC | Each licensee shall maintain records of leak test results for sealed sources and for devices containing DU. The results must be stated in units of becquerels (microcuries). The licensee shall retain each record for 3 years after it is made or until the source in storage is removed. | |||||
| 10:10:1.0.1.1.24.5.94.5 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.69 Records of quarterly inventory. | NRC | (a) Each licensee shall maintain records of the quarterly inventory of sealed sources and of devices containing depleted uranium as required by § 34.29 and retain each record for 3 years after it is made. (b) The record must include the date of the inventory, name of the individual conducting the inventory, radionuclide, number of becquerels (curies) or mass (for DU) in each device, location of sealed source and/or devices, and manufacturer, model, and serial number of each sealed source and/or device, as appropriate. | |||||
| 10:10:1.0.1.1.24.5.94.6 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.71 Utilization logs. | NRC | (a) Each licensee shall maintain utilization logs showing for each sealed source the following information: (1) A description, including the make, model, and serial number of the radiographic exposure device or transport or storage container in which the sealed source is located; (2) The identity and signature of the radiographer to whom assigned; and (3) The plant or site where used and dates of use, including the dates removed and returned to storage. (b) The licensee shall retain the logs required by paragraph (a) of this section for 3 years after the log is made. | |||||
| 10:10:1.0.1.1.24.5.94.7 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.73 Records of inspection and maintenance of radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments. | NRC | (a) Each licensee shall maintain records specified in § 34.31 of equipment problems found in daily checks and quarterly inspections of radiographic exposure devices, transport and storage containers, associated equipment, source changers, and survey instruments; and retain each record for 3 years after it is made. (b) The record must include the date of check or inspection, name of inspector, equipment involved, any problems found, and what repair and/or maintenance, if any, was done. | |||||
| 10:10:1.0.1.1.24.5.94.8 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.75 Records of alarm system and entrance control checks at permanent radiographic installations. | NRC | Each licensee shall maintain records of alarm system and entrance control device tests required under § 34.33 and retain each record for 3 years after it is made. | |||||
| 10:10:1.0.1.1.24.5.94.9 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | E | Subpart E—Recordkeeping Requirements | § 34.79 Records of training and certification. | NRC | Each licensee shall maintain the following records (of training and certification) for 3 years after the record is made: (a) Records of training of each radiographer and each radiographer's assistant. The record must include radiographer certification documents and verification of certification status, copies of written tests, dates of oral and practical examinations, and names of individuals conducting and receiving the oral and practical examinations; and (b) Records of annual refresher safety training and semi-annual inspections of job performance for each radiographer and each radiographer's assistant. The records must list the topics discussed during the refresher safety training, the dates the annual refresher safety training was conducted, and names of the instructors and attendees. For inspections of job performance, the records must also include a list showing the items checked and any non-compliances observed by the RSO. | |||||
| 10:10:1.0.1.1.24.6.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | F | Subpart F—Notifications | § 34.101 Notifications. | NRC | [62 FR 28963, May 28, 1997, as amended at 67 FR 3585, Jan. 25, 2002; 68 FR 58805, Oct. 10, 2003; 73 FR 5720, Jan. 31, 2008; 83 FR 30287, June 28, 2018] | (a) In addition to the reporting requirements specified in § 30.50 and under other sections of this chapter, such as § 21.21, each licensee shall send a written report to the NRC's Office of Nuclear Material Safety and Safeguards, by an appropriate method listed in § 30.6(a) of this chapter, within 30 days of the occurrence of any of the following incidents involving radiographic equipment: (1) Unintentional disconnection of the source assembly from the control cable; (2) Inability to retract the source assembly to its fully shielded position and secure it in this position; or (3) Failure of any component (critical to safe operation of the device) to properly perform its intended function; (b) The licensee shall include the following information in each report submitted under paragraph (a) of this section, and in each report of overexposure submitted under 10 CFR 20.2203 which involves failure of safety components of radiography equipment: (1) A description of the equipment problem; (2) Cause of each incident, if known; (3) Name of the manufacturer and model number of equipment involved in the incident; (4) Place, date, and time of the incident; (5) Actions taken to establish normal operations; (6) Corrective actions taken or planned to prevent recurrence; and (7) Qualifications of personnel involved in the incident. (c) Any licensee conducting radiographic operations or storing radioactive material at any location not listed on the license for a period in excess of 180 days in a calendar year, shall notify the appropriate NRC regional office listed in § 30.6(b)(2) of this chapter prior to exceeding the 180 days. | ||||
| 10:10:1.0.1.1.24.7.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | G | Subpart G—Exemptions | § 34.111 Applications for exemptions. | NRC | [62 FR 28963, May 28, 1997, as amended at 90 FR 55629, Dec. 3, 2025] | The Commission may, upon application of any interested person or upon its own initiative, grant an exemption from the requirements of the regulations in this part if it determines the exemption is authorized by law and would not endanger life or property or the common defense and security and is otherwise in the public interest. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:1.0.1.1.24.8.94.1 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | H | Subpart H—Violations | § 34.121 Violations. | NRC | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to these Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under Section 234 of the Atomic Energy Act; (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section. (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | |||||
| 10:10:1.0.1.1.24.8.94.2 | 10 | Energy | I | 34 | PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS | H | Subpart H—Violations | § 34.123 Criminal penalties. | NRC | (a) Section 223 of the Atomic Energy Act of 1952, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under one or more of §§ 161b, 161i, or 161o of the Act. For purposes of Section 223, all the regulations in 10 CFR part 34 are issued under one or more of §§ 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in 10 CFR part 34 that are not issued under sections 161b, 161i, or 161o for the purposes of Section 223 are as follows: §§ 34.1, 34.3, 34.5, 34.8, 34.11, 34.13, 34.111, 34.121, 34.123. | |||||
| 14:14:1.0.1.3.19.1.283.1 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.1 Definitions. | FAA | [Doc. No. 25613, 55 FR 32861, Aug. 10, 1990; 55 FR 37287, Sept. 10, 1990, as amended by Amdt. 34-3, 64 FR 5558, Feb. 3, 1999; Amdt. 34-5, 77 FR 76849, Dec. 31, 2012; Amdt. 34-5A, 78 FR 63016, Oct. 23, 2013; Amdt. 34-7, 89 FR 31085, Apr. 24, 2024] | As used in this part, all terms not defined herein shall have the meaning given them in the Clean Air Act, as amended (42 U.S.C. 7401 et. seq.): Act means the Clean Air Act, as amended (42 U.S.C. 7401 et. seq.). Administrator means the Administrator of the Federal Aviation Administration or any person to whom he has delegated his authority in the matter concerned. Administrator of the EPA means the Administrator of the Environmental Protection Agency and any other officer or employee of the Environmental Protection Agency to whom the authority involved may be delegated. Aircraft as used in this part means any airplane as defined in 14 CFR part 1 for which a U.S. standard airworthiness certificate or equivalent foreign airworthiness certificate is issued. Aircraft engine means a propulsion engine which is installed in, or which is manufactured for installation in, an aircraft. Aircraft gas turbine engine means a turboprop, turbofan, or turbojet aircraft engine. Characteristic level has the meaning given in Appendix 6 of ICAO Annex 16 as of July 2008 (incorporated by reference, see § 34.4). The characteristic level is a calculated emission level for each pollutant based on a statistical assessment of measured emissions from multiple tests. Class TP means all aircraft turboprop engines. Class TF means all turbofan or turbojet aircraft engines or aircraft engines designed for applications that otherwise would have been fulfilled by turbojet and turbofan engines except engines of class T3, T8, and TSS. Class T3 means all aircraft gas turbine engines of the JT3D model family. Class T8 means all aircraft gas turbine engines of the JT8D model family. Class TSS means all aircraft gas turbine engines employed for propulsion of aircraft designed to operate at supersonic flight speeds. Commercial aircraft engine means any aircraft engine used or intended for use by an “air carrier” (including those engaged in “intrastate air transportation”) or a “commercial operator” (including those engaged in “in… | |||
| 14:14:1.0.1.3.19.1.283.2 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.2 Abbreviations. | FAA | [Doc. No. FAA-2023-2434, Amdt. 34-7, 89 FR 31085, Apr. 24, 2024] | The abbreviations used in this part have the following meanings in both upper and lower case: CO 2 Carbon dioxide CO Carbon monoxide EPA United States Environmental Protection Agency FAA Federal Aviation Administration, United States Department of Transportation g Gram(s) HC Hydrocarbon(s) HP Horsepower hr Hour(s) H 2 O Water kg Kilogram(s) kJ Kilojoule(s) kN Kilonewton(s) kW Kilowatt(s) lbf Pound force LTO Landing and takeoff m Meter(s) mg Milligram(s) µg Microgram(s) min Minute(s) MJ Megajoule(s) NO X Oxides of nitrogen nvPM Non-volatile particulate matter nvPM mass Non-volatile particulate matter mass nvPM MC Non-volatile particulate matter mass concentration nvPM num Non-volatile particulate matter number Pa Pascal(s) rO Rated output rPR Rated pressure ratio sec Second(s) SP Shaft power SN Smoke number T Temperature in degrees Kelvin TIM Time in mode °C Degrees Celsius % Percent | |||
| 14:14:1.0.1.3.19.1.283.3 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.3 General requirements. | FAA | [Doc. No. FAA-2023-2434, Amdt. 34-7, 89 FR 31085, Apr. 24, 2024] | (a) This part provides for the approval or acceptance by the Administrator or the Administrator of the EPA of testing and sampling methods, analytical techniques, and related equipment not identical to those specified in this part. Before either approves or accepts any such alternate, equivalent, or otherwise nonidentical procedures or equipment, the Administrator or the Administrator of the EPA shall consult with the other in determining whether or not the action requires rulemaking under sections 231 and 232 of the Clean Air Act, as amended, consistent with the responsibilities of the Administrator of the EPA and the Secretary of Transportation under sections 231 and 232 of the Clean Air Act. (b) Under section 232 of the Act, the Secretary of Transportation issues regulations to ensure compliance with 40 CFR part 1031. This authority has been delegated to the Administrator of the FAA in accordance with 49 CFR 1.47. (c) This part applies to civil airplanes that are powered by aircraft gas turbine engines of the classes specified herein and that have U.S. standard airworthiness certificates. (d) Pursuant to the definition of “aircraft” in 40 CFR 1031.205, this regulation applies to civil airplanes that are powered by aircraft gas turbine engines of the classes specified herein and that have foreign airworthiness certificates that are equivalent to U.S. standard airworthiness certificates. This regulation applies only to those foreign civil airplanes that, if registered in the United States, would be required by applicable regulations to have a U.S. standard airworthiness certificate in order to conduct the operations intended for the airplane. Pursuant to 40 CFR 1031.5, this regulation does not apply where it would be inconsistent with an obligation assumed by the United States to a foreign country in a treaty, convention, or agreement. (e) Reference in this regulation to 40 CFR part 1031 refers to title 40 of the Code of Federal Regulations, chapter I—Environmental Protection Agency, part 1031, Control of Ai… | |||
| 14:14:1.0.1.3.19.1.283.4 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.4 Incorporation by Reference. | FAA | [Doc. No. FAA-2023-2434, Amdt. 34-7, 89 FR 31086, Apr. 24, 2024] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51). All approved material is available for inspection at the FAA and at the National Archives and Records Administration (NARA). Contact the FAA Office of Rulemaking (ARM), 800 Independence Avenue SW, Washington, DC 20590 (telephone 202-267-9677) For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. (a) The material may be obtained from the following source: International Civil Aviation Organization (ICAO): Document Sales Unit, 999 University Street, Montreal, Quebec H3C 5H7, Canada, phone + 1 514-954-8022, or www.icao.int. (1) Annex 16 to the Convention on International Civil Aviation: Environmental Protection, Volume II—Aircraft Engine Emissions, Third Edition, July 2008 (ICAO Annex 16); in §§ 34.1 and 34.60. (2) Annex 16 to the Convention on International Civil Aviation: Environmental Protection, Volume II—Aircraft Engine Emissions, Fourth Edition, July 2017 (ICAO Annex 16, Volume II), in §§ 34.71 and 34.73. (b) [Reserved] | |||
| 14:14:1.0.1.3.19.1.283.5 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.5 Special test procedures. | FAA | The Administrator or the Administrator of the EPA may, upon written application by a manufacturer or operator of aircraft or aircraft engines, approve test procedures for any aircraft or aircraft engine that is not susceptible to satisfactory testing by the procedures set forth herein. Prior to taking action on any such application, the Administrator or the Administrator of the EPA shall consult with the other. | ||||
| 14:14:1.0.1.3.19.1.283.6 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.6 Aircraft safety. | FAA | [Docket No. 25613, 55 FR 32861, Aug. 10, 1990, as amended by Amdt. No. 34-7, 89 FR 31086, Apr. 24, 2024] | (a) The provisions of this part will be revised if at any time the Administrator determines that an emission standard cannot be met within the specified time without creating a safety hazard. (b) Consistent with 40 CFR part 1031, if the FAA Administrator determines that any emission control regulation in this part cannot be safely applied to an aircraft, that provision may not be adopted or enforced against that aircraft by any state or political subdivision thereof. | |||
| 14:14:1.0.1.3.19.1.283.7 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.7 Exemptions. | FAA | [Doc. No. 25613, 55 FR 32861, Aug. 10, 1990, as amended by Amdt. 34-5, 77 FR 76850, Dec. 31, 2012; Amdt. 34-7, 89 FR 31087, Apr. 24, 2024] | Notwithstanding part 11 of the Federal Aviation Regulations (14 CFR part 11), all petitions for rulemaking involving either the substance of an emission standard or test procedure prescribed by the EPA that is incorporated in this FAR, or the compliance date for such standard or procedure, must be submitted to the EPA. Information copies of such petitions are invited by the FAA. Petitions for rulemaking or exemption involving provisions of this FAR that do not affect the substance or the compliance date of an emission standard or test procedure that is prescribed by the EPA, and petitions for exemptions under the provisions for which the EPA has specifically granted exemption authority to the Secretary of Transportation are subject to part 11 of the Federal Aviation Regulations (14 CFR part 11). Petitions for rulemaking or exemptions involving these FARs must be submitted to the FAA. (a) Exemptions based on flights for short durations at infrequent intervals. The emission standards of this part do not apply to engines which power aircraft operated in the United States for short durations at infrequent intervals. Such operations are limited to: (1) Flights of an aircraft for the purpose of export to a foreign country, including any flights essential to demonstrate the integrity of an aircraft prior to a flight to a point outside the United States. (2) Flights to a base where repairs, alterations or maintenance are to be performed, or to a point of storage, or for the purpose of returning an aircraft to service. (3) Official visits by representatives of foreign governments. (4) Other flights the Administrator determines, after consultation with the Administrator of the EPA, to be for short durations at infrequent intervals. A request for such a determination shall be made before the flight takes place. (b) Exemptions for very low production engine models. The emissions standards of this part do not apply to engines of very low production after the date of applicability. For the purpose of this part, “very… | |||
| 14:14:1.0.1.3.19.1.283.8 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | A | Subpart A—General Provisions | § 34.9 Exceptions. | FAA | [Doc. No. FAA-2012-1333, 77 FR 76850, Dec. 31, 2012] | (a) Spare engines. Certain engines that meet the following description are excepted: (1) This exception allows production of an engine for installation on an in-service aircraft. A spare engine may not be installed on a new aircraft. (2) Each spare engine must be identical to a sub-model previously certificated to meet all applicable requirements. (3) A spare engine may be used only when the emissions of the spare do not exceed the certification requirements of the original engine, for all regulated pollutants. (4) No separate approval is required to produce spare engines. (5) The record for each engine excepted under this paragraph (c) must indicate that the engine was produced as an excepted spare engine. (6) Engines produced under this exception must be labeled “EXCEPTED SPARE” in accordance with § 45.13 of this chapter. (b) On and after July 18, 2012, and before August 31, 2013, a manufacturer may produce up to six Tier 4 compliant engines that meet the NO X standards of paragraph (d)(1)(vi) of this section rather than § 34.23(a)(2). No separate approval is required to produce these engines. Engines produced under this exception are to be labeled “COMPLY” in accordance with § 45.13 of this chapter. | |||
| 14:14:1.0.1.3.19.2.283.1 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | B | Subpart B—Engine Fuel Venting Emissions (New and In-Use Aircraft Gas Turbine Engines) | § 34.10 Applicability. | FAA | [Doc. No. FAA-2012-1333, 77 FR 76850, Dec. 31, 2012] | (a) The provisions of this subpart are applicable to all new aircraft gas turbine engines of classes T3, T8, TSS, and TF equal to or greater than 36 kN (8,090 lb) rated output, manufactured on or after January 1, 1974, and to all in-use aircraft gas turbine engines of classes T3, T8, TSS, and TF equal to or greater than 36 kN (8,090 lb) rated output manufactured after February 1, 1974. (b) The provisions of this subpart are also applicable to all new aircraft gas turbine engines of class TF less than 36 kN (8,090 lb) rated output and class TP manufactured on or after January 1, 1975, and to all in-use aircraft gas turbine engines of class TF less than 36 kN (8,090 lb) rated output and class TP manufactured after January 1, 1975. | |||
| 14:14:1.0.1.3.19.2.283.2 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | B | Subpart B—Engine Fuel Venting Emissions (New and In-Use Aircraft Gas Turbine Engines) | § 34.11 Standard for fuel venting emissions. | FAA | [Docket No. 25613, 55 FR 32861, Aug. 10, 1990, as amended by Amdt. No. 34-7, 89 FR 31087, Apr. 24, 2024] | (a) No liquid fuel venting emissions shall be discharged into the atmosphere from any new or in-use aircraft gas turbine engine subject to the subpart. This paragraph is directed at the elimination of intentional discharge to the atmosphere of fuel drained from fuel nozzle manifolds after engines are shut down and does not apply to normal fuel seepage from shaft seals, joints, and fittings. (b) Conformity with the standard set forth in paragraph (a) of this section shall be determined by inspection of the method designed to eliminate these emissions. (c) As applied to an airframe or an engine, any manufacturer or operator may show compliance with the liquid fuel venting and emissions requirements of this section that were effective beginning February 1, 1974 or January 1, 1975, by any means that prevents the intentional discharge of fuel from fuel nozzle manifolds after the engines are shut down. Acceptable means of compliance include one of the following: (1) Incorporation of an FAA-approved system that recirculates the fuel back into the fuel system. (2) Capping or securing the pressurization and drain valve. (3) Manually draining the fuel from a holding tank into a container. | |||
| 14:14:1.0.1.3.19.3.283.1 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | C | Subpart C—Exhaust Emissions (New Aircraft Gas Turbine Engines) | § 34.20 Applicability. | FAA | The provisions of this subpart are applicable to all aircraft gas turbine engines of the classes specified beginning on the dates specified in § 34.21. | ||||
| 14:14:1.0.1.3.19.3.283.2 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | C | Subpart C—Exhaust Emissions (New Aircraft Gas Turbine Engines) | § 34.21 Standards for exhaust emissions. | FAA | [Doc. No. 25613, 55 FR 32861, Aug. 10, 1990; 55 FR 37287, Sept. 10, 1990, as amended by Amdt. 34-3, 64 FR 5559, Feb. 3, 1999; Amdt. 34-4, 74 FR 19127, Apr. 28, 2009; Amdt. 34-5, 77 FR 76851, Dec. 31, 2012; Amdt. No. 34-7, 89 FR 31087, Apr. 24, 2024] | (a) Exhaust emissions of smoke from each new aircraft gas turbine engine of class T8 manufactured on or after February 1, 1974, shall not exceed a smoke number (SN) of 30. (b) Exhaust emissions of smoke from each new aircraft gas turbine engine of class TF and of rated output of 129 kN (29,000 lb) thrust or greater, manufactured on or after January 1, 1976, shall not exceed SN = 83.6 (rO) −0.274 (rO is in kN). (c) Exhaust emission of smoke from each new aircraft gas turbine engine of class T3 manufactured on or after January 1, 1978, shall not exceed a smoke number (SN) of 25. (d) Gaseous exhaust emissions from each new aircraft gas turbine engine shall not exceed: (1) For Classes TF, T3, T8 engines greater than 26.7 kN (6,000 lb) rated output: (i) Engines manufactured on or after January 1, 1984: Hydrocarbons: 19.6 g/kN rO. (ii) Engines manufactured on or after July 7, 1997: Carbon Monoxide: 118 g/kN rO. (iii) Engines of a type or model of which the date of manufacture of the first individual production model was on or before December 31, 1995, and for which the date of manufacture of the individual engine was on or before December 31, 1999 (Tier 2): Oxides of Nitrogen: (40 + 2(rPR)) g/kN rO. (iv) Engines of a type or model of which the date of manufacture of the first individual production model was after December 31, 1995, or for which the date of manufacture of the individual engine was after December 31, 1999 (Tier 2): Oxides of Nitrogen: (32 + 1.6(rPR)) g/kN rO. (v) The emission standards prescribed in paragraphs (d)(1)(iii) and (iv) of this section apply as prescribed beginning July 7, 1997. (vi) The emission standards of this paragraph apply as prescribed after December 18, 2005. For engines of a type or model of which the first individual production model was manufactured after December 31, 2003 (Tier 4): (A) That have a rated pressure ratio of 30 or less and a maximum rated output greater than 89 kN: Oxides of Nitrogen: (19 + 1.6(rPR)) g/kN rO. (B) That have a rated pressure ratio of… | |||
| 14:14:1.0.1.3.19.3.283.3 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | C | Subpart C—Exhaust Emissions (New Aircraft Gas Turbine Engines) | § 34.23 Exhaust Emission Standards for Engines Manufactured on and after July 18, 2012. | FAA | [Doc. No. 34-5, 77 FR 76851, Dec. 31, 2012, as amended by Amdt. 34-5A, 78 FR 63017, Oct. 23, 2013; 78 FR 65554, Nov. 1, 2013; Amdt. No. 34-7, 89 FR 31087, Apr. 24, 2024] | The standards of this section apply to aircraft engines manufactured on and after July 18, 2012, unless otherwise exempted or excepted. Where a gaseous emission standard is specified by a formula, calculate and round the standard to three significant figures or to the nearest 0.1 g/kN (for standards at or above 100 g/kN). Where a smoke standard is specified by a formula, calculate and round the standard to the nearest 0.1 SN. Engines comply with an applicable standard if the testing results show that the engine type certificate family's characteristic level does not exceed the numerical level of that standard, as described in § 34.60. (a) Gaseous exhaust emissions from each new aircraft gas turbine engine shall not exceed: (1) [Reserved] (2) Except as provided in §§ 34.9(b) and 34.21(c), for Classes TF, T3 and T8 engines manufactured on and after July 18, 2012, and for which the first individual production model was manufactured on or before December 31, 2013 (Tier 6): Tier 6 Oxides of Nitrogen Emission Standards for Subsonic Engines (3) Engines exempted from paragraph (a)(2) of this section produced on or before December 31, 2016 must be labeled “EXEMPT NEW” in accordance with § 45.13 of this chapter. No exemptions to the requirements of paragraph (a)(2) of this section will be granted after December 31, 2016. (4) For Class TSS Engines manufactured on and after July 18, 2012: Gaseous Emission Standards for Supersonic Engines 1 rO is the rated output with afterburning applied. (b) Gaseous exhaust emissions from each new aircraft gas turbine engine shall not exceed: (1) For Classes TF, T3 and T8 engines of a type or model of which the first individual production model was manufactured after December 31, 2013 (Tier 8): Tier 8 Oxides of Nitrogen Emission Standards for Subsonic Engines (c) Engines (including engines that are determined to be derivative engines for the purposes of emission certification) type certificated with characteristic levels at or below the NO X standards of § 34.21(d)(1)(vi) of t… | |||
| 14:14:1.0.1.3.19.3.283.4 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | C | Subpart C—Exhaust Emissions (New Aircraft Gas Turbine Engines) | § 34.25 Non-volatile particulate emissions standards (nvPM). | FAA | [Doc. No. FAA-2023-2434, Amdt. No. 34-7, 89 FR 31087, Apr. 24, 2024, as amended by Amdt. No. 34-7A, 89 FR 37972, May 7, 2024] | The standards of this section apply to an aircraft engine of Class TF, T3, or T8 with a rated output greater than 26.7 kN that is manufactured after January 1, 2023. Where a maximum nvPM MC standard is expressed as a formula, calculate and round the standard to the nearest 1.0 µg/m 3 . Where an nvPM mass standard is expressed as a formula, calculate and round the standard to three significant figures or to the nearest 0.1 mg/kN. Where an nvPM num standard is expressed as a formula, calculate and round the standard to three significant figures. Engines comply with an applicable standard if the test results show that the engine type certificate family's characteristic level does not exceed the numerical level of the nvPM standard when tested as described in subpart H of this part. (a) Except as provided in paragraph (b) or (c) of this section; (1) The characteristic level for the maximum nvPM MC expressed in units of µg/m 3 must not exceed the following: nvPM MC = 10 (3+2.9 r0 -0.274 ) and (2) The characteristic level for nvPM mass expressed in [mg/kN] and for nvPM number expressed in [particles/kN] must not exceed the following: Table 1 to Paragraph ( a )(2) (b) For a change in type design by the type design holder, when the application for an amended type certificate is filed after January 1, 2023: (1) If the engine qualifies as a derivative engine in accordance with § 34.48 of this part, no testing is required for the engine to use the same nvPM certificated parameters (nvPM mass , nvPM num , and maximum nvPM MC ) as the engine it is derived from; or (2) If the engine does not qualify as a derivative engine in accordance with § 34.48 of this part, the applicant must demonstrate compliance with each requirement in paragraph (a) of this section. (c) For issuance of an original type certificate when an application for type certification is filed after January 1, 2023, the applicant must demonstrate that the engine does not exceed: (1) For maximum nvPM MC : as prescribed in paragraph (a)(1) of thi… | |||
| 14:14:1.0.1.3.19.4.283.1 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | D | Subpart D—Exhaust Emissions (In-use Aircraft Gas Turbine Engines) | § 34.30 Applicability. | FAA | The provisions of this subpart are applicable to all in-use aircraft gas turbine engines certificated for operation within the United States of the classes specified, beginning on the dates specified in § 34.31. | ||||
| 14:14:1.0.1.3.19.4.283.2 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | D | Subpart D—Exhaust Emissions (In-use Aircraft Gas Turbine Engines) | § 34.31 Standards for exhaust emissions. | FAA | [Doc. No. FAA-2012-1333, 77 FR 76852, Dec. 31, 2012] | (a) Exhaust emissions of smoke from each in-use aircraft gas turbine engine of Class T8, beginning February 1, 1974, shall not exceed a smoke number (SN) of 30. (b) Exhaust emissions of smoke from each in-use aircraft gas turbine engine of Class TF and of rated output of 129 kN (29,000 lb) thrust or greater, beginning January l, 1976, shall not exceed SN = 83.6(rO) −0.274 (rO is in kN). (c) The standards set forth in paragraphs (a) and (b) of this section refer to exhaust smoke emission emitted during operation of the engine as specified in the applicable sections of subpart G of this part, and measured and calculated in accordance with the procedures set forth in subpart G. | |||
| 14:14:1.0.1.3.19.5.283.1 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | E | Subpart E—Certification Provisions | § 34.48 Derivative engines for emissions certification purposes. | FAA | [Doc. No. 34-5, 77 FR 76852, Dec. 31, 2012, as amended by Amdt. No. 34-7, 89 FR 31088, Apr. 24, 2024] | (a) General. A type certificate holder may request from the FAA a determination that an engine configuration is considered a derivative engine for emissions certification purposes (all gaseous emissions and either nvPM or smoke number as applicable). To be considered a derivative engine for emissions certification purposes under this part, the configuration must have been derived from the original engine that was certificated to the requirements of part 33 of this chapter and one of the following: (1) The FAA has determined that a safety issue exists that requires an engine modification. (2) Emissions from the derivative engines are determined to be similar. In general, this means the emissions must meet the criteria specified in paragraph (b) of this section. The FAA may amend the criteria of paragraph (b) in unusual circumstances, for individual cases, consistent with good engineering judgment. (3) All of the regulated emissions from the derivative engine are lower than the original engine. (b) Emission similarity (1) The type certificate holder must demonstrate that the proposed derivative engine model's emissions meet the applicable standards and differ from the original model's emission rates within the following ranges and values: (i) ±3.0 g/kN for NO X . (ii) ±1.0 g/kN for HC. (iii) ±5.0 g/kN for CO. (iv) ±2.0 SN for smoke (where applicable). (v) The following values apply for maximum nvPM MC , nvPM mass , and nvPM num (where applicable): (A) maximum nvPM MC : ( 1 ) ±200 µg/m3 if the characteristic level of maximum nvPM MC is below 1,000 µg/m 3 ; or ( 2 ) ±20% of the characteristic level if the characteristic level for maximum nvPM MC is at or above 1,000 µg/m 3 . (B) nvPM mass : ( 1 ) 80 mg/kN if the characteristic level for nvPM mass emissions is below 400 mg/kN; or ( 2 ) ±20% of the characteristic level if the characteristic level for nvPM mass emissions is greater than or equal to 400 mg/kN. (C) nvPM num : ( 1 ) 4 × 10 14 particles/kN if the characteristic level for nvPM n… | |||
| 14:14:1.0.1.3.19.7.283.1 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | G | Subpart G—Test Procedures for Engine Exhaust Gaseous Emissions (Aircraft and Aircraft Gas Turbine Engines) | § 34.60 Introduction. | FAA | [Doc. No. FAA-2012-1333, 77 FR 76853, Dec. 31, 2012, as amended by Doc. No. FAA-2018-0119, Amdt. 34-6, 83 FR 9170, Mar. 5, 2018; Doc. No. FAA-2023-2434; Amdt. No. 34-7, 89 FR 31088, Apr. 24, 2024] | (a) Use the equipment and procedures specified in Appendix 3, Appendix 5, and Appendix 6 of ICAO Annex 16, as applicable, to demonstrate whether engines meet the applicable gaseous emission standards specified in subpart C of this part. Measure the emissions of all regulated gaseous pollutants. Use the equipment and procedures specified in Appendix 2 and Appendix 6 of ICAO Annex 16 to determine whether engines meet the applicable smoke standard specified in subpart C of this part. The compliance demonstration consists of establishing a mean value from testing the specified number of engines, then calculating a “characteristic level” by applying a set of statistical factors that take into account the number of engines tested. Round each characteristic level to the same number of decimal places as the corresponding emission standard. For turboprop engines, use the procedures specified for turbofan engines, consistent with good engineering judgment. (b) Use a test fuel that meets the specifications described in Appendix 4 of ICAO Annex 16. The test fuel must not have additives whose purpose is to suppress smoke, such as organometallic compounds. (c) Prepare test engines by including accessories that are available with production engines if they can reasonably be expected to influence emissions. The test engine may not extract shaft power or bleed service air to provide power to auxiliary gearbox-mounted components required to drive aircraft systems. (d) Test engines must reach a steady operating temperature before the start of emission measurements. (e) In consultation with the EPA, the FAA may approve alternative procedures for measuring emissions, including testing and sampling methods, analytical techniques, and equipment specifications that differ from those specified in this part. Manufacturers and operators may request approval of alternative procedures by written request with supporting justification to the FAA and to the Designated EPA Program Officer. To be approved, one of the following conditions must… | |||
| 14:14:1.0.1.3.19.7.283.2 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | G | Subpart G—Test Procedures for Engine Exhaust Gaseous Emissions (Aircraft and Aircraft Gas Turbine Engines) | §§ 34.61-34.71 [Reserved] | FAA | |||||
| 14:14:1.0.1.3.19.8.283.1 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | H | Subpart H—Test Procedures and Compliance Demonstration for Non-Volatile Particulate Matter Emissions | § 34.71 Non-volatile particulate matter (nvPM) test procedures. | FAA | For each Class TF, T3, or T8 engine manufactured after January 1, 2023, that has a rated output greater than 26.7 kN, the test procedures for measuring each required nvPM parameter are as follows: (a) Measure the emissions of all nvPM parameters required in this part, as applicable. (b) Collect data from at least three engine tests, with each test conducted at the reference LTO time/thrust combinations shown in paragraph (h) of this section. (c) For the engines referenced in paragraph (b) of this section, all emissions certification tests may be conducted on one or more engines of the same type design. (d) Use a test fuel that meets the specifications described in Appendix 4 of ICAO Annex 16, Volume II (incorporated by reference, see § 34.4). The test fuel must not have any additive whose purpose is to suppress nvPM emissions. (e) (1) When conducting test measurements in accordance with paragraphs (a) through (c) of this section, use the equipment and procedures specified in Appendix 1, Appendix 4, Appendix 6, and Appendix 7 of ICAO Annex 16, Volume II (incorporated by reference, see § 34.4), when demonstrating whether an engine meets the applicable nvPM limit specified in § 34.25 of this part. (2) An applicant that seeks to use a procedure or equipment that differs from any specified in this part must request FAA approval in writing with supporting justification before the alternative procedure or equipment may be used to demonstrate compliance. The FAA will consult with the EPA on any such request. The FAA may approve the requested alternative for measuring nvPM, including testing and sampling methods, analytical techniques, and equipment specifications. Each request must meet one of the following conditions: (i) The engine cannot be tested using a specified procedure; or (ii) The alternative procedure is shown to be equivalent to, or more accurate or precise than, the specified procedure. (f) Any engine accessory included in a type design that may reasonably be expected to influence either nvPM emissi… | ||||
| 14:14:1.0.1.3.19.8.283.2 | 14 | Aeronautics and Space | I | C | 34 | PART 34—FUEL VENTING AND EXHAUST EMISSION REQUIREMENTS FOR TURBINE ENGINE POWERED AIRPLANES | H | Subpart H—Test Procedures and Compliance Demonstration for Non-Volatile Particulate Matter Emissions | § 34.73 Demonstration of compliance for nvPM emissions. | FAA | (a) Each compliance demonstration by an applicant requires: (1) Establishing a mean value from tests conducted on one or more engines; (2) Calculating a “characteristic level” by applying a set of statistical factors that take into account the number of engines tested in accordance with § 34.71(b) of this part; and (3) Rounding each characteristic level to the same number of decimal places as the corresponding emission limit. (b) In demonstrating compliance with this subpart, an applicant must use the nvPM measurements collected in accordance with § 34.71 as follows: (1) An engine complies with an applicable standard when the engine type certificate family's characteristic level does not exceed any nvPM limit described in § 34.25 of this part; and (2) A compliance demonstration consists of: (i) Determining the maximum nvPM MC , and the mean value for nvPM mass and nvPM num from the data collected in accordance with paragraph § 34.71(f) of this part; (ii) Correcting each data point to standard temperature and pressure conditions; (iii) Applying the appropriate statistical factor shown in Table 6-1 of Appendix 6 of ICAO Annex 16, Volume II (incorporated by reference, see § 34.4) to account for the number of engines tested; and (iv) Rounding each characteristic level to the same number of decimal places as the corresponding nvPM limit in § 34.25 of this part. (c) (1) In determining maximum nvPM MC , an applicant must use one of the following evaluation methods for all engines measured in accordance with § 34.71(c) of this par and using the thrust settings given in § 34.71(h) of this part. An applicant may choose to measure additional thrust settings; while there is no restriction on the number of thrust settings measured, the same thrust settings must be used on each engine tested. A dataset consists of nvPM MC measurements made at each thrust setting across the thrust range chosen by the applicant for each engine. Plot all nvPM MC measurements versus thrust setting. (i) Method 1— (A) Average the in… | ||||
| 17:17:1.0.1.1.27.0.7.1 | 17 | Commodity and Securities Exchanges | I | 34 | PART 34—REGULATION OF HYBRID INSTRUMENTS | § 34.1 Scope. | CFTC | The provisions of this part shall apply to any hybrid instrument which may be subject to the Act, and which has been entered into on or after October 23, 1974. | |||||||
| 17:17:1.0.1.1.27.0.7.2 | 17 | Commodity and Securities Exchanges | I | 34 | PART 34—REGULATION OF HYBRID INSTRUMENTS | § 34.2 Definitions. | CFTC | (a) Hybrid instruments. Hybrid instrument means an equity or debt security or depository instrument as defined in § 34.3(a)(1) with one or more commodity-dependent components that have payment features similar to commodity futures or commodity option contracts or combinations thereof. (b) Commodity-independent component. Commodity-independent component means the component of a hybrid instrument, the payments of which do not result from indexing to, or calculation by reference to, the price of a commodity. (c) Commodity-independent value. Commodity-independent value means the present value of the payments attributable to the commodity-independent component calculated as of the time of issuance of the hybrid instrument. (d) Commodity-dependent component. A commodity-dependent component means a component of a hybrid instrument, the payment of which results from indexing to, or calculation by reference to, the price of a commodity. (e) Commodity-dependent value. For purposes of application of Rule 34.3(a)(2), a commodity-dependent value means the value of a commodity dependent-component, which when decomposed into an option payout or payouts, is measured by the absolute net value of the put option premia with strike prices less than or equal to the reference price plus the absolute net value of the call option premia with strike prices greater than or equal to the reference price, calculated as of the time of issuance of the hybrid instrument. (f) Option premium. Option premium means the value of an option on the referenced commodity of the hybrid instrument, and calculated using the same method as that used to determine the issue price of the instrument, or where such premia are not explicitly calculated in determining the issue price of the instrument, the value of such options calculated using a commercially reasonable method appropriate to the instrument being priced. (g) Reference price. A reference price means a price nearest the current spot or forward price, whichever is used to price inst… | |||||||
| 17:17:1.0.1.1.27.0.7.3 | 17 | Commodity and Securities Exchanges | I | 34 | PART 34—REGULATION OF HYBRID INSTRUMENTS | § 34.3 Hybrid instrument exemption. | CFTC | (a) A hybrid instrument is exempt from all provisions of the Act and any person or class of persons offering, entering into, rendering advice or rendering other services with respect to such exempt hybrid instrument is exempt for such activity from all provisions of the Act (except in each case section 2(a)(1)(B)), provided the following terms and conditions are met: (1) The instrument is: (i) An equity or debt security within the meaning of section 2(1) of the Securities Act of 1933; or (ii) A demand deposit, time deposit or transaction account within the meaning of 12 CFR 204.2 (b)(1), (c)(1) and (e), respectively, offered by an insured depository institution as defined in section 3 of the Federal Deposit Insurance Act; an insured credit union as defined in section 101 of the Federal Credit Union Act; or a Federal or State branch or agency of a foreign bank as defined in section 1 of the International Banking Act; (2) The sum of the commodity-dependent values of the commodity-dependent components is less than the commodity-independent value of the commodity-independent component; (3) Provided that: (i) An issuer must receive full payment of the hybrid instrument's purchase price, and a purchaser or holder of a hybrid instrument may not be required to make additional out-of-pocket payments to the issuer during the life of the instrument or at maturity; and (ii) The instrument is not marketed as a futures contract or a commodity option, or, except to the extent necessary to describe the functioning of the instrument or to comply with applicable disclosure requirements, as having the characteristics of a futures contract or a commodity option; and (iii) The instrument does not provide for settlement in the form of a delivery instrument that is specified as such in the rules of a designed contract market; (4) The instrument is initially issued or sold subject to applicable federal or state securities or banking laws to persons permitted thereunder to purchase or enter into the hybrid instrument. | |||||||
| 28:28:1.0.1.1.35.1.32.1 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | A | Subpart A—Competition | § 34.1 Purpose and applicability. | DOJ | (a) This subpart of the regulation implements section 262(d)(1) (A) and (B) of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42 U.S.C. 5601 et seq. ). This provision requires that project applications, selected for categorical assistance awards under part C—National Programs shall be selected through a competitive process established by rule by the Administrator, OJJDP. The statute specifies that this process must include announcement in the Federal Register of the availability of funds for assistance programs, the general criteria applicable to the selection of applications for assistance, and a description of the procedures applicable to the submission and review of assistance applications. (b) This subpart of the regulation applies to all grant, cooperative agreement, and other assistance awards selected by the Administrator, OJJDP, or the Administrator's designee, under part C—National Programs, of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, except as provided in the exceptions to applicability set forth below. | |||||
| 28:28:1.0.1.1.35.1.32.2 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | A | Subpart A—Competition | § 34.2 Exceptions to applicability. | DOJ | The following are assistance and procurement contract award situations that OJJDP considers to be outside the scope of the section 262(d)(1) competition requirement: (a) Assistance awards to initially fund or continue projects if the Administrator has made a written determination that the proposed program is not within the scope of any program announcement expected to be issued, is otherwise eligible for an award, and the proposed project is of such outstanding merit, as determined through peer review under subpart B of this part, that an assistance award without competition is justified (section 262(d)(1)(B)(i)); (b) Assistance awards to initially fund or continue training services to be funded under part C, section 244, if the Administrator has made a written determination that the applicant is uniquely qualified to provide proposed training services and other qualified sources are not capable of providing such services (section 262(d)(1)(B)(ii)); (c) Assistance awards of funds transferred to OJJDP by another Federal agency to augment authorized juvenile justice programs, projects, or purposes; (d) Funds transferred to other Federal agencies by OJJDP for program purposes as authorized by law; (e) Procurement contract awards which are subject to applicable Federal laws and regulations governing the procurement of goods and services for the benefit and use of the government; (f) Assistance awards from the 5% “set aside” of Special Emphasis funds under section 261(e); and (g) Assistance awards under section 241(f). | |||||
| 28:28:1.0.1.1.35.1.32.3 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | A | Subpart A—Competition | § 34.3 Selection criteria. | DOJ | (a) All individual project applications will, at a minimum, be subject to review based on the extent to which they meet the following general selection criteria: (1) The problem to be addressed by the project is clearly stated; (2) The objectives of the proposed project are clearly defined; (3) The project design is sound and contains program elements directly linked to the achievement of project objectives; (4) The project management structure is adequate to the successful conduct of the project; (5) Organizational capability is demonstrated at a level sufficient to successfully support the project; and (6) Budgeted costs are reasonable, allowable and cost effective for the activities proposed to be undertaken. (b) The general selection criteria set forth under paragraph (a) of this section, may be supplemented for each announced competitive program by program-specific selection criteria for the particular part C program. Such announcements may also modify the general selection criteria to provide greater specificity or otherwise improve their applicability to a given program. The relative weight (point value) for each selection criterion will be specified in the program announcement. | |||||
| 28:28:1.0.1.1.35.1.32.4 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | A | Subpart A—Competition | § 34.4 Additional competitive application requirements and procedures. | DOJ | (a) Applications for grants. Any applicant eligible for assistance may submit on or before such submission deadline date or dates as the Administrator may establish in program announcements, an application containing such pertinent information and in accordance with the forms and instructions as prescribed therein and any additional forms and instructions as may be specified by the Administrator. Such application shall be executed by the applicant or an official or representative of the applicant duly authorized to make such application and to assume on behalf of the applicant the obligations imposed by law, applicable regulations, and any additional terms and conditions of the assistance award. The Administrator may require any applicant eligible for assistance under this subpart to submit a preliminary proposal for review and approval prior to the acceptance of an application. (b) Cooperative arrangements. (1) When specified in program announcements, eligible parties may enter into cooperative arrangements with other eligible parties, including those in another State, and submit joint applications for assistance. (2) A joint application made by two or more applicants for assistance may have separate budgets corresponding to the programs, services and activities performed by each of the joint applicants or may have a combined budget. If joint applications present separate budgets, the Administrator may make separate awards, or may award a single assistance award authorizing separate amounts for each of the joint applicants. (c) Evaluation of applications submitted under part C of the Act. All applications filed in accordance with § 34.1 of this subpart for assistance with part C—National Programs funds shall be evaluated by the Administrator through OJJDP and other DOJ personnel (internal review) and by such experts or consultants required for this purpose that the Administrator determines are specially qualified in the particular part C program area covered by the announced program (peer review). Suppl… | |||||
| 28:28:1.0.1.1.35.2.32.1 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.100 Purpose and applicability. | DOJ | (a) This subpart of the regulation implements section 262(d)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. This provision requires that projects funded as new or continuation programs selected for categorical assistance awards under part C—National Programs shall be reviewed before selection and thereafter as appropriate through a formal peer review process. Such process must utilize experts (other than officials and employees of the Department of Justice) in fields related to the technical and/or subject matter of the proposed program. (b) This subpart of the regulation applies to all applications for grants, cooperative agreements, and other assistance awards selected by the Administrator, OJJDP, for funding under part C—National Programs that are being considered for competitive and noncompetitive (including continuation) awards to begin new project periods, except as provided in the exceptions to applicability set forth below. | |||||
| 28:28:1.0.1.1.35.2.32.10 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.109 Qualifications of peer reviewers. | DOJ | The general reviewer qualification criteria to be used in the selection of peer reviewers are: (a) Generalized knowledge of juvenile justice or related fields; and (b) Specialized knowledge in areas or disciplines addressed by the applications to be reviewed under a particular program. (c) Must not have a conflict of interest (see OJP M7100.1C, par. 94). Additional details concerning peer reviewer qualifications are provided in the OJJDP “Peer Review Guideline”. | |||||
| 28:28:1.0.1.1.35.2.32.11 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.110 Management of peer reviews. | DOJ | A technical support contractor may assist in managing the peer review process. | |||||
| 28:28:1.0.1.1.35.2.32.12 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.111 Compensation. | DOJ | All peer reviewers will be eligible to be paid according to applicable regulations and policies concerning consulting fees and reimbursement for expenses. Detailed information is provided in the OJJDP “Peer Review Guideline”. | |||||
| 28:28:1.0.1.1.35.2.32.2 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.101 Exceptions to applicability. | DOJ | The assistance and procurement contract situations specified in § 34.2 (c), (d), (e), (f), and (g) of subpart A of this part are considered by OJJDP to be outside the scope of the section 262(d) peer review requirement as set forth in this subpart. | |||||
| 28:28:1.0.1.1.35.2.32.3 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.102 Peer review procedures. | DOJ | The OJJDP peer review process is contained in an OJJDP “Peer Review Guideline,” developed in consultation with the Directors and other appropriate officials of the National Science Foundation and the National Institute of Mental Health. In addition to specifying substantive and procedural matters related to the peer review process, the “Guideline” addresses such issues as standards of conduct, conflict of interest, compensation of peer reviewers, etc. The “Guideline” describes a process that evolves in accordance with experience and opportunities to effect improvements. The peer review process for all part C—National Programs assistance awards subject to this regulation will be conducted in a manner consistent with this subpart as implemented in the “Peer Review Guideline”. | |||||
| 28:28:1.0.1.1.35.2.32.4 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.103 Definition. | DOJ | Peer review means the technical and programmatic evaluation by a group of experts (other than officers and employees of the Department of Justice) qualified by training and experience to give expert advice, based on selection criteria established under subpart A of this part, in a program announcement, or as established by the Administrator, on the technical and programmatic merit of assistance. | |||||
| 28:28:1.0.1.1.35.2.32.5 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.104 Use of peer review. | DOJ | (a) Peer review for competitive and noncompetitive applications. (1) For competitive applications, each program announcement will indicate the program specific peer review procedures and selection criteria to be followed in peer review for that program. In the case of competitive programs for which a large number of applications is expected, preapplications (concept papers) may be required. Preapplications will be reviewed by qualified OJJDP staff to eliminate those pre-applications which fail to meet minimum program requirements, as specified in a program announcement, or clearly lack sufficient merit to qualify as potential candidates for funding consideration. The Administrator may subject both pre-applications and formal applications to the peer review process. (2) For noncompetitive applications, the general selection criteria set forth under subpart A of this part may be supplemented by program specific selection criteria for the particular part C program. Applicants for noncompetitive continuation awards will be fully informed of any additional specific criteria in writing. (b) When formal applications are required in response to a program announcement, an initial review will be conducted by qualified OJJDP staff, in order to eliminate from peer review consideration applications which do not meet minimum program requirements. Such requirements will be specified in the program announcement. Applications determined to be qualified and eligible for further consideration will then be considered under the peer review process. (c) Ratings will be in the form of numerical scores assigned by individual peer reviewers as illustrated in the OJJDP “Peer Review Guideline.” The results of peer review under a competitive program will be a relative aggregate ranking of applications in the form of “Summary Ratings.” The results of peer review for a noncompetitive new or continuation project will be in the form of numerical scores based on criteria established by the Administrator. (d) Peer review recommendations, in… | |||||
| 28:28:1.0.1.1.35.2.32.6 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.105 Peer review methods. | DOJ | (a) For both competitive and noncompetitive applications, peer review will normally consist of written comments provided in response to the general selection criteria established under subpart A of this part and any program specific selection criteria identified in the program announcement or otherwise established by the Administrator, together with the assignment of numerical values. Peer review may be conducted at meetings with peer reviewers held under OJJDP oversight, through mail reviews, or a combination of both. When advisable, site visits may also be employed. The method of peer review anticipated for each announced competitive program, including the evaluation criteria to be used by peer reviewers, will be specified in each program announcement. (b) When peer review is conducted through meetings, peer review panelists will be gathered together for instruction by OJJDP, including review of the OJJDP “Peer Review Guideline”. OJJDP will oversee the conduct of individual and group review sessions, as appropriate. When time or other factors preclude the convening of a peer review panel, mail reviews will be used. For competitive programs, mail reviews will be used only where the Administrator makes a written determination of necessity. | |||||
| 28:28:1.0.1.1.35.2.32.7 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.106 Number of peer reviewers. | DOJ | The number of peer reviewers will vary by program (as affected by the volume of applications anticipated or received). OJJDP will select a minimum of three peer reviewers (qualified individuals who are not officers or employees of the Department of Justice) for each program or project review in order to ensure a diversity of backgrounds and perspectives. In no case will fewer than three reviews be made of each individual application. | |||||
| 28:28:1.0.1.1.35.2.32.8 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.107 Use of Department of Justice staff. | DOJ | OJJDP will use qualified OJJDP and other DOJ staff as internal reviewers. Internal reviewers determine applicant compliance with basic program and statutory requirements, review the results of peer review, and provide overall program evaluation and recommendations to the Administrator. | |||||
| 28:28:1.0.1.1.35.2.32.9 | 28 | Judicial Administration | I | 34 | PART 34—OJJDP COMPETITION AND PEER REVIEW PROCEDURES | B | Subpart B—Peer Review | § 34.108 Selection of reviewers. | DOJ | The Program Manager, through the Director of the OJJDP program division with responsibility for a particular program or project will propose a selection of peer reviewers from an extensive and varied pool of juvenile justice and delinquency prevention experts for approval by the Administrator. The selection process for peer reviewers is detailed in the OJJDP “Peer Review Guideline”. | |||||
| 34:34:1.1.1.1.16.0.7.1 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.1 Purpose of this part. | ED | This part establishes procedures the Department of Education uses to collect money from a debtor's disposable pay by means of administrative wage garnishment to satisfy delinquent debt owed to the United States. | ||||||||
| 34:34:1.1.1.1.16.0.7.10 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.10 Conditions for a paper hearing. | ED | We provide a paper hearing— (a) If you request a paper hearing; (b) If you requested an oral hearing, but we determine under § 34.9(e) that you have withdrawn that request; (c) If you fail to appear for a scheduled oral hearing, as provided in § 34.15; or (d) If we deny a request for an oral hearing because we conclude that, by a review of the written record, we can resolve the issues raised by your objections. | ||||||||
| 34:34:1.1.1.1.16.0.7.11 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.11 Timely request for a hearing. | ED | (a) A hearing request is timely if— (1) You mail the request to the office designated in the garnishment notice and the request is postmarked not later than the 30th day following the date of the notice; or (2) The designated office receives the request not later than the 30th day following the date of the garnishment notice. (b) If we receive a timely written request from you for a hearing, we will not issue a garnishment order before we— (1) Provide the requested hearing; and (2) Issue a written decision on the objections you raised. (c) If your written request for a hearing is not timely— (1) We provide you a hearing; and (2) We do not delay issuance of a garnishment order unless— (i) We determine from credible representations in the request that the delay in filing the request for hearing was caused by factors over which you had no control; or (ii) We have other good reason to delay issuing a garnishment order. (d) If we do not complete a hearing within 60 days of an untimely request, we suspend any garnishment order until we have issued a decision. | ||||||||
| 34:34:1.1.1.1.16.0.7.12 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.12 Request for reconsideration. | ED | (a) If you have received a decision on an objection to garnishment you may file a request for reconsideration of that decision. (b) We do not suspend garnishment merely because you have filed a request for reconsideration. (c) We consider your request for reconsideration if we determine that— (1) You base your request on grounds of financial hardship, and your financial circumstances, as shown by evidence submitted with the request, have materially changed since we issued the decision so that we should reduce the amount to be garnished under the order; or (2)(i) You submitted with the request evidence that you did not previously submit; and (ii) This evidence demonstrates that we should reconsider your objection to the existence, amount, or enforceability of the debt. (d)(1) If we agree to reconsider the decision, we notify you. (2)(i) We may reconsider based on the request and supporting evidence you have presented with the request; or (ii) We may offer you an opportunity for a hearing to present evidence. | ||||||||
| 34:34:1.1.1.1.16.0.7.13 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.13 Conduct of a hearing. | ED | (a)(1) A hearing official conducts any hearing under this part. (2) The hearing official may be any qualified employee of the Department whom the Department designates to conduct the hearing. (b)(1) The hearing official conducts any hearing as an informal proceeding. (2) A witness in an oral hearing must testify under oath or affirmation. (3) The hearing official maintains a summary record of any hearing. (c) Before the hearing official considers evidence we obtain that was not included in the debt records available for inspection when we sent notice of proposed garnishment, we notify you that additional evidence has become available, may be considered by the hearing official, and is available for inspection or copying. (d) The hearing official considers any objection you raise and evidence you submit— (1) In or with the request for a hearing; (2) During an oral hearing; (3) By the date that we consider, under § 34.9(e), that a request for an oral hearing has been withdrawn; or (4) Within a period we set, ordinarily not to exceed seven business days, after— (i) We provide you access to our records regarding the debt, if you requested access to records within 20 days after the date of the notice under § 34.4; (ii) We notify you that we have obtained and intend to consider additional evidence; (iii) You request an extension of time in order to submit specific relevant evidence that you identify to us in the request; or (iv) We notify you that we deny your request for an oral hearing. | ||||||||
| 34:34:1.1.1.1.16.0.7.14 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.14 Burden of proof. | ED | (a)(1) We have the burden of proving the existence and amount of a debt. (2) We meet this burden by including in the record and making available to the debtor on request records that show that— (i) The debt exists in the amount stated in the garnishment notice; and (ii) The debt is currently delinquent. (b) If you dispute the existence or amount of the debt, you must prove by a preponderance of the credible evidence that— (1) No debt exists; (2) The amount we claim to be owed on the debt is incorrect, or (3) You are not delinquent with respect to the debt. (c)(1) If you object that the proposed garnishment rate would cause financial hardship, you bear the burden of proving by a preponderance of the credible evidence that withholding the amount of wages proposed in the notice would leave you unable to meet the basic living expenses of you and your dependents. (2) The standards for proving financial hardship are those in § 34.24. (d)(1) If you object on the ground that applicable law bars us from collecting the debt by garnishment at this time, you bear the burden of proving the facts that would establish that claim. (2) Examples of applicable law that may prevent collection by garnishment include the automatic stay in bankruptcy (11 U.S.C. 362(a)), and the preclusion of garnishment action against a debtor who was involuntarily separated from employment and has been reemployed for less than a continuous period of 12 months (31 U.S.C. 3720D(b)(6)). (e) The fact that applicable law may limit the amount that an employer may withhold from your pay to less than the amount or rate we state in the garnishment order does not bar us from issuing the order. | ||||||||
| 34:34:1.1.1.1.16.0.7.15 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.15 Consequences of failure to appear for an oral hearing. | ED | (a) If you do not appear for an in-person hearing you requested, or you do not answer a telephone call convening a telephone hearing, at the time set for the hearing, we consider you to have withdrawn your request for an oral hearing. (b) If you do not appear for an oral hearing but you demonstrate that there was good cause for not appearing, we may reschedule the oral hearing. (c) If you do not appear for an oral hearing you requested and we do not reschedule the hearing, we provide a paper hearing to review your objections, based on the evidence in your file and any evidence you have already provided. | ||||||||
| 34:34:1.1.1.1.16.0.7.16 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.16 Issuance of the hearing decision. | ED | (a) Date of decision. The hearing official issues a written opinion stating his or her decision, as soon as practicable, but not later than 60 days after the date on which we received the request for hearing. (b) If we do not provide you with a hearing and render a decision within 60 days after we receive your request for a hearing— (1) We do not issue a garnishment order until the hearing is held and a decision rendered; or (2) If we have already issued a garnishment order to your employer, we suspend the garnishment order beginning on the 61st day after we receive the hearing request until we provide a hearing and issue a decision. | ||||||||
| 34:34:1.1.1.1.16.0.7.17 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.17 Content of decision. | ED | (a) The written decision is based on the evidence contained in the hearing record. The decision includes— (1) A description of the evidence considered by the hearing official; (2) The hearing official's findings, analysis, and conclusions regarding objections raised to the existence or amount of the debt; (3) The rate of wage withholding under the order, if you objected that withholding the amount proposed in the garnishment notice would cause an extreme financial hardship; and (4) An explanation of your rights under this part for reconsideration of the decision. (b) The hearing official's decision is the final action of the Secretary for the purposes of judicial review under the Administrative Procedure Act (5 U.S.C. 701 et seq. ). | ||||||||
| 34:34:1.1.1.1.16.0.7.18 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.18 Issuance of the wage garnishment order. | ED | (a)(1) If you fail to make a timely request for a hearing, we issue a garnishment order to your employer within 30 days after the deadline for timely requesting a hearing. (2) If you make a timely request for a hearing, we issue a withholding order within 30 days after the hearing official issues a decision to proceed with garnishment. (b)(1) The garnishment order we issue to your employer is signed by an official of the Department designated by the Secretary. (2) The designated official's signature may be a computer-generated facsimile. (c)(1) The garnishment order contains only the information we consider necessary for your employer to comply with the order and for us to ensure proper credit for payments received from your employer. (2) The order includes your name, address, and social security number, as well as instructions for withholding and information as to where your employer must send the payments. (d)(1) We keep a copy of a certificate of service indicating the date of mailing of the order. (2) We may create and maintain the certificate of service as an electronic record. | ||||||||
| 34:34:1.1.1.1.16.0.7.19 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.19 Amounts to be withheld under a garnishment order. | ED | (a)(1) After an employer receives a garnishment order we issue, the employer must deduct from all disposable pay of the debtor during each pay period the amount directed in the garnishment order unless this section or § 34.20 requires a smaller amount to be withheld. (2) The amount specified in the garnishment order does not apply if other law, including this section, requires the employer to withhold a smaller amount. (b) The employer must comply with our garnishment order by withholding the lesser of— (1) The amount directed in the garnishment order; or— (2) The amount specified in 15 U.S.C. 1673(a)(2) (Restriction on Garnishment); that is, the amount by which a debtor's disposable pay exceeds an amount equal to 30 times the minimum wage. (See 29 CFR 870.10.) | ||||||||
| 34:34:1.1.1.1.16.0.7.2 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.2 Scope of this part. | ED | (a) This part applies to collection of any financial obligation owed to the United States that arises under a program we administer. (b) This part applies notwithstanding any provision of State law. (c) We may compromise or suspend collection by garnishment of a debt in accordance with applicable law. (d) We may use other debt collection remedies separately or in conjunction with administrative wage garnishment to collect a debt. (e) To collect by offset from the salary of a Federal employee, we use the procedures in 34 CFR part 31, not those in this part. | ||||||||
| 34:34:1.1.1.1.16.0.7.20 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.20 Amount to be withheld under multiple garnishment orders. | ED | If a debtor's pay is subject to several garnishment orders, the employer must comply with our garnishment order as follows: (a) Unless other Federal law requires a different priority, the employer must pay us the amount calculated under § 34.19(b) before the employer complies with any later garnishment orders, except a family support withholding order. (b) If an employer is withholding from a debtor's pay based on a garnishment order served on the employer before our order, or if a withholding order for family support is served on an employer at any time, the employer must comply with our garnishment order by withholding an amount that is the smaller of— (1) The amount calculated under § 34.19(b); or (2) An amount equal to 25 percent of the debtor's disposable pay less the amount or amounts withheld under the garnishment order or orders with priority over our order. (c)(1) If a debtor owes more than one debt arising from a program we administer, we may issue multiple garnishment orders. (2) The total amount withheld from the debtor's pay for orders we issue under paragraph (c)(1) of this section does not exceed the amounts specified in the orders, the amount specified in § 34.19(b)(2), or 15 percent of the debtor's disposable pay, whichever is smallest. (d) An employer may withhold and pay an amount greater than that amount in paragraphs (b) and (c) of this section if the debtor gives the employer written consent. | ||||||||
| 34:34:1.1.1.1.16.0.7.21 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.21 Employer certification. | ED | (a) Along with a garnishment order, we send to an employer a certification in a form prescribed by the Secretary of the Treasury. (b) The employer must complete and return the certification to us within the time stated in the instructions for the form. (c) The employer must include in the certification information about the debtor's employment status, payment frequency, and disposable pay available for withholding. | ||||||||
| 34:34:1.1.1.1.16.0.7.22 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.22 Employer responsibilities. | ED | (a)(1) Our garnishment order indicates a reasonable period of time within which an employer must start withholding under the order. (2) The employer must promptly pay to the Department all amounts the employer withholds according to the order. (b) The employer may follow its normal pay and disbursement cycles in complying with the garnishment order. (c) The employer must withhold the appropriate amount from the debtor's wages for each pay period until the employer receives our notification to discontinue wage garnishment. (d) The employer must disregard any assignment or allotment by an employee that would interfere with or prohibit the employer from complying with our garnishment order, unless that assignment or allotment was made for a family support judgment or order. | ||||||||
| 34:34:1.1.1.1.16.0.7.23 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.23 Exclusions from garnishment. | ED | (a) We do not garnish your wages if we have credible evidence that you— (1) Were involuntarily separated from employment; and (2) Have not yet been reemployed continuously for at least 12 months. (b) You have the burden of informing us of the circumstances surrounding an involuntary separation from employment. | ||||||||
| 34:34:1.1.1.1.16.0.7.24 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.24 Claim of financial hardship by debtor subject to garnishment. | ED | (a) You may object to a proposed garnishment on the ground that withholding the amount or at the rate stated in the notice of garnishment would cause financial hardship to you and your dependents. (See § 34.7) (b) You may, at any time, object that the amount or the rate of withholding which our order specifies your employer must withhold causes financial hardship. (c)(1) We consider an objection to an outstanding garnishment order and provide you an opportunity for a hearing on your objection only after the order has been outstanding for at least six months. (2) We may provide a hearing in extraordinary circumstances earlier than six months if you show in your request for review that your financial circumstances have substantially changed after the notice of proposed garnishment because of an event such as injury, divorce, or catastrophic illness. (d)(1) You bear the burden of proving a claim of financial hardship by a preponderance of the credible evidence. (2) You must prove by credible documentation— (i) The amount of the costs incurred by you, your spouse, and any dependents, for basic living expenses; and (ii) The income available from any source to meet those expenses. (e)(1) We consider your claim of financial hardship by comparing— (i) The amounts that you prove are being incurred for basic living expenses; against (ii) The amounts spent for basic living expenses by families of the same size and similar income to yours. (2) We regard the standards published by the Internal Revenue Service under 26 U.S.C. 7122(c)(2) (the “National Standards”) as establishing the average amounts spent for basic living expenses for families of the same size as, and with family incomes comparable to, your family. (3) We accept as reasonable the amount that you prove you incur for a type of basic living expense to the extent that the amount does not exceed the amount spent for that expense by families of the same size and similar income according to the National Standards. (4) If you claim for any basic living exp… | ||||||||
| 34:34:1.1.1.1.16.0.7.25 | 34 | Education | 34 | PART 34—ADMINISTRATIVE WAGE GARNISHMENT | § 34.25 Determination of financial hardship. | ED | (a)(1) If we conclude that garnishment at the amount or rate proposed in a notice would cause you financial hardship, we reduce the amount of the proposed garnishment to an amount that we determine will allow you to meet proven basic living expenses. (2) If a garnishment order is already in effect, we notify your employer of any change in the amount the employer must withhold or the rate of withholding under the order. (b) If we determine that financial hardship would result from garnishment based on a finding by a hearing official or under a repayment agreement we reached with you, this determination is effective for a period not longer than six months after the date of the finding or agreement. (c)(1) After the effective period referred to in paragraph (b) of this section, we may require you to submit current information regarding your family income and living expenses. (2) If we conclude from a review of that evidence that we should increase the rate of withholding or payment, we— (i) Notify you; and (ii) Provide you with an opportunity to contest the determination and obtain a hearing on the objection under the procedures in § 34.24. |
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