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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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| 10:10:2.0.1.1.5.1.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.1 Purpose. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 72 FR 49560, Aug. 28, 2007] | The regulations in this part: (a) Establish procedures and criteria for the issuance of licenses to operators and senior operators of utilization facilities licensed under the Atomic Energy Act of 1954, as amended, or Section 202 of the Energy Reorganization Act of 1974, as amended, and part 50, part 52, or part 54 of this chapter, (b) Provide for the terms and conditions upon which the Commission will issue or modify these licenses, and (c) Provide for the terms and conditions to maintain and renew these licenses. | ||||
| 10:10:2.0.1.1.5.1.63.2 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.2 Scope. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 59 FR 5938, Feb. 9, 1994; 72 FR 49560, Aug. 28, 2007] | The regulations in this part apply to— (a) Any individual who manipulates the controls of any utilization facility licensed under parts 50, 52, or 54 of this chapter, (b) Any individual designated by a facility licensee to be responsible for directing any licensed activity of a licensed operator. (c) Any facility license. | ||||
| 10:10:2.0.1.1.5.1.63.3 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.3 License requirements. | NRC | A person must be authorized by a license issued by the Commission to perform the function of an operator or a senior operator as defined in this part. | |||||
| 10:10:2.0.1.1.5.1.63.4 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.4 Definitions. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 66 FR 52667, Oct. 17, 2001] | As used in this part: Act means the Atomic Energy Act of 1954, including any amendments to the Act. Actively performing the functions of an operator or senior operator means that an individual has a position on the shift crew that requires the individual to be licensed as defined in the facility's technical specifications, and that the individual carries out and is responsible for the duties covered by that position. Commission means the Nuclear Regulatory Commission or its duly authorized representatives. Controls when used with respect to a nuclear reactor means apparatus and mechanisms the manipulation of which directly affects the reactivity or power level of the reactor. Facility means any utilization facility as defined in part 50 of this chapter. In cases for which a license is issued for operation of two or more facilities, facility means all facilities identified in the license. Facility licensee means an applicant for or holder of a license for a facility. Licensee means an individual licensed operator or senior operator. Operator means any individual licensed under this part to manipulate a control of a facility. Performance testing means testing conducted to verify a simulation facility's performance as compared to actual or predicted reference plant performance. Physician means an individual licensed by a State or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico to dispense drugs in the practice of medicine. Plant-referenced simulator means a simulator modeling the systems of the reference plant with which the operator interfaces in the control room, including operating consoles, and which permits use of the reference plant's procedures. Reference plant means the specific nuclear power plant from which a simulation facility's control room configuration, system control arrangement, and design data are derived. Senior operator means any individual licensed under this part to manipulate the controls of a facility and to direct the li… | ||||
| 10:10:2.0.1.1.5.1.63.5 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.5 Communications. | NRC | [52 FR 9460, Mar. 25, 1987] | (a) Except as provided under a regional licensing program identified in paragraph (b) of this section, an applicant or licensee or facility licensee shall submit any communication or report concerning the regulations in this part and shall submit any application filed under these regulations to the Commission as follows: (1) By mail addressed to—Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or (2) By delivery in person to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland, or (3) Where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html ; by e-mail to MSHD.Resource@nrc.gov ; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. (b)(1) The Director, Office of Nuclear Reactor Regulation, has delegated to the Regional Administrators of Regions I, II, III, and IV authority and responsibility under the regulations in this part for the issuance and renewal of licenses for operators and senior operators of nuclear power reactors licensed under 10 CFR part 50 or part 52 of this chapter and located in these regions. (2) Any application for a license or license renewal filed under the regulations in this part involving a nuclear power reactor licensed under 10 CFR part 50 or part 52 of this chapter and any related inquiry, communication, information, or report must be submitted to the Regional Administrator by an appropriate method listed i… | ||||
| 10:10:2.0.1.1.5.1.63.6 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.6 Interpretations. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 90 FR 55631, 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. | ||||
| 10:10:2.0.1.1.5.1.63.7 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.7 Additional requirements. | NRC | The Commission may, by rule, regulation, or order, impose upon any licensee such requirements, in addition to those established in the regulations in this part, as it deems appropriate or necessary to protect health and to minimize danger to life or property. | |||||
| 10:10:2.0.1.1.5.1.63.8 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.8 Information collection requirements: OMB approval. | NRC | [62 FR 52188, Oct. 6, 1997, as amended at 64 FR 19878, Apr. 23, 1999; 66 FR 52667, Oct. 17, 2001; 67 FR 67100, Nov. 4, 2002] | (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 not 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 3150-0018. (b) The approved information collection requirements contained in this part appear in §§ 55.11, 55.25, 55.27, 55.31, 55.35, 55.40, 55.41, 55.43, 55.45, 55.47, 55.53, 55.57, and 55.59. (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection requirements and the control numbers under which they are approved are as follows: (1) In §§ 55.23, 55.25, 55.27, 55.31, NRC Form 396 is approved under control number 3150-0024. (2) In §§ 55.31, 55.35, 55.47, and 55.57, NRC Form 398 is approved under control number 3150-0090. | ||||
| 10:10:2.0.1.1.5.1.63.9 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | A | Subpart A—General Provisions | § 55.9 Completeness and accuracy of information. | NRC | [52 FR 49372, Dec. 31, 1987] | Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects. | ||||
| 10:10:2.0.1.1.5.2.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | B | Subpart B—Exemptions | § 55.11 Specific exemptions. | NRC | The Commission may, upon application by an interested person, or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property and are otherwise in the public interest. | |||||
| 10:10:2.0.1.1.5.2.63.2 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | B | Subpart B—Exemptions | § 55.13 General exemptions. | NRC | The regulations in this part do not require a license for an individual who— (a) Under the direction and in the presence of a licensed operator or senior operator, manipulates the controls of— (1) A research or training reactor as part of the individual's training as a student, or (2) A facility as a part of the individual's training in a facility licensee's training program as approved by the Commission to qualify for an operator license under this part. (b) Under the direction and in the presence of a licensed senior operator, manipulates the controls of a facility to load or unload the fuel into, out of, or within the reactor vessel. | |||||
| 10:10:2.0.1.1.5.3.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | C | Subpart C—Medical Requirements | § 55.21 Medical examination. | NRC | An applicant for a license shall have a medical examination by a physician. A licensee shall have a medical examination by a physician every two years. The physician shall determine that the applicant or licensee meets the requirements of § 55.33(a)(1). | |||||
| 10:10:2.0.1.1.5.3.63.2 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | C | Subpart C—Medical Requirements | § 55.23 Certification. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 53 FR 43421, Oct. 27, 1988; 68 FR 58813, Oct. 10, 2003; 73 FR 30458, May 28, 2008] | To certify the medical fitness of the applicant, an authorized representative of the facility licensee shall complete and sign NRC Form 396, “Certification of Medical Examination by Facility Licensee,” which can be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling (301) 415-7232, or by visiting the NRC's Web site at http://www.nrc.gov and selecting forms from the index found on the home page. (a) Form NRC-396 must certify that a physician has conducted the medical examination of the applicant as required in § 55.21. (b) When the certification requests a conditional license based on medical evidence, the medical evidence must be submitted on NRC Form 396 to the Commission and the Commission then makes a determination in accordance with § 55.33. | ||||
| 10:10:2.0.1.1.5.3.63.3 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | C | Subpart C—Medical Requirements | § 55.25 Incapacitation because of disability or illness. | NRC | [60 FR 13617, Mar. 14, 1995] | If, during the term of the license, the licensee develops a permanent physical or mental condition that causes the licensee to fail to meet the requirements of § 55.21 of this part, the facility licensee shall notify the Commission, within 30 days of learning of the diagnosis, in accordance with § 50.74(c). For conditions for which a conditional license (as described in § 55.33(b) of this part) is requested, the facility licensee shall provide medical certification on Form NRC 396 to the Commission (as described in § 55.23 of this part). | ||||
| 10:10:2.0.1.1.5.3.63.4 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | C | Subpart C—Medical Requirements | § 55.27 Documentation. | NRC | The facility licensee shall document and maintain the results of medical qualifications data, test results, and each operator's or senior operator's medical history for the current license period and provide the documentation to the Commission upon request. The facility licensee shall retain this documentation while an individual performs the functions of an operator or senior operator. | |||||
| 10:10:2.0.1.1.5.4.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | D | Subpart D—Applications | § 55.31 How to apply. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 53 FR 43421, Oct. 27, 1988; 66 FR 52667, Oct. 17, 2001; 68 FR 58813, Oct. 10, 2003; 73 FR 30458, May 28, 2008; 86 FR 43403, Aug. 9, 2021] | (a) The applicant shall: (1) Complete NRC Form 398, “Personal Qualification Statement—Licensee,” which can be obtained by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by calling (301) 415-7232, or by visiting the NRC's Web site at http://www.nrc.gov and selecting forms from the index found on the home page; (2) File an original of NRC Form 398, together with the information required in paragraphs (a)(3), (4), (5) and (6) of this section, with the appropriate Regional Administrator; (3) Submit a written request from an authorized representative of the facility licensee by which the applicant will be employed that the written examination and operating test be administered to the applicant; (4) Provide evidence that the applicant has successfully completed the facility licensee's requirements to be licensed as an operator or senior operator and of the facility licensee's need for an operator or a senior operator to perform assigned duties. An authorized representative of the facility licensee shall certify this evidence on Form NRC-398. This certification must include details of the applicant's qualifications, and details on courses of instruction administered by the facility licensee, and describe the nature of the training received at the facility, and the startup and shutdown experience received. In lieu of these details, the Commission may accept certification that the applicant has successfully completed a Commission-approved training program that is based on a systems approach to training and that uses a simulation facility acceptable to the Commission under § 55.45(b) of this part; (5) Provide evidence that the applicant, as a trainee, has successfully manipulated the controls of either the facility for which a license is sought or a plant-referenced simulator that meets the requirements of § 55.46(c). At a minimum, five significant control manipulations must be performed that affect reactivity or power level. Control manipulations … | ||||
| 10:10:2.0.1.1.5.4.63.2 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | D | Subpart D—Applications | § 55.33 Disposition of an initial application. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 86 FR 67843, Nov. 30, 2021] | (a) Requirements for the approval of an initial application. The Commission will approve an initial application for a license pursuant to the regulations in this part, if it finds that— (1) Health. The applicant's medical condition and general health will not adversely affect the performance of assigned operator job duties or cause operational errors endangering public health and safety. The Commission will base its finding upon the certification by the facility licensee as detailed in § 55.23. (2) Written examination and operating test. The applicant has passed the requisite written examination and operating test in accordance with §§ 55.41 and 55.45 or 55.43 and 55.45. These examinations and tests determine whether the applicant for an operator's license has learned to operate a facility competently and safely, and additionally, in the case of a senior operator, whether the applicant has learned to direct the licensed activities of licensed operators competently and safely. (b) Conditional license. If an applicant's general medical condition does not meet the minimum standards under § 55.33(a)(1) of this part, the Commission may approve the application and include conditions in the license to accommodate the medical defect. The Commission will consider the recommendations and supporting evidence of the facility licensee and of the examining physician (provided on Form NRC-396) in arriving at its decision. | ||||
| 10:10:2.0.1.1.5.4.63.3 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | D | Subpart D—Applications | § 55.35 Re-applications. | NRC | (a) An applicant whose application for a license has been denied because of failure to pass the written examination or operating test, or both, may file a new application two months after the date of denial. The application must be submitted on Form NRC-398 and include a statement signed by an authorized representative of the facility licensee by whom the applicant will be employed that states in detail the extent of the applicant's additional training since the denial and certifies that the applicant is ready for re-examination. An applicant may file a third application six months after the date of denial of the second application, and may file further successive applications two years after the date of denial of each prior application. The applicant shall submit each successive application on Form NRC-398 and include a statement of additional training. (b) An applicant who has passed either the written examination or operating test and failed the other may request in a new application on Form NRC-398 to be excused from re-examination on the portions of the examination or test which the applicant has passed. The Commission may in its discretion grant the request, if it determines that sufficient justification is presented. | |||||
| 10:10:2.0.1.1.5.5.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | E | Subpart E—Written Examinations and Operating Tests | § 55.40 Implementation. | NRC | [64 FR 19878, Apr. 23, 1999, as amended at 69 FR 76600, Dec. 22, 2004; 79 FR 66604, Nov. 10, 2014; 80 FR 45844, Aug. 3, 2015; 80 FR 74980, Dec. 1, 2015; 89 FR 106252, Dec. 30, 2024] | (a) The Commission shall use the criteria in NUREG-1021, “Operator Licensing Examination Standards for Power Reactors,” 1 in effect six months before the examination date to prepare the written examinations required by §§ 55.41 and 55.43 and the operating tests required by § 55.45. The Commission shall also use the criteria in NUREG-1021 to evaluate the written examinations and operating tests prepared by power reactor facility licensees pursuant to paragraph (b) of this section. 1 Copies of NUREGs may be purchased from the Superintendent of Documents, U.S. Government Publishing Office, P.O. Box 38082, Washington, DC 20402-9328. Copies are also available from the National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312. A copy is available for inspection and/or copying in the NRC Public Document Room, One White Flint North, 11555 Rockville Pike (O-1 F21), Rockville, MD. (b) Power reactor facility licensees may prepare, proctor, and grade the written examinations required by §§ 55.41 and 55.43 and may prepare the operating tests required by § 55.45, subject to the following conditions: (1) Power reactor facility licensees shall prepare the required examinations and tests in accordance with the criteria in NUREG-1021 as described in paragraph (a) of this section; (2) Pursuant to § 55.49, power reactor facility licensees shall establish, implement, and maintain procedures to control examination security and integrity; (3) An authorized representative of the power reactor facility licensee shall approve the required examinations and tests before they are submitted to the Commission for review and approval; and (4) Power reactor facility licensees must receive Commission approval of their proposed written examinations and operating tests. (c) In lieu of paragraph (b) of this section and upon written request from a power reactor facility licensee pursuant to § 55.31(a)(3), the Commission shall, for that facility licensee, prepare, proctor, and grade, the written examinations require… | ||||
| 10:10:2.0.1.1.5.5.63.2 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | E | Subpart E—Written Examinations and Operating Tests | § 55.41 Written examination: Operators. | NRC | (a) Content. The written examination for an operator will contain a representative selection of questions on the knowledge, skills, and abilities needed to perform licensed operator duties. The knowledge, skills, and abilities will be identified, in part, from learning objectives derived from a systematic analysis of licensed operator duties performed by each facility licensee and contained in its training program and from information in the Final Safety Analysis Report, system description manuals and operating procedures, facility license and license amendments, Licensee Event Reports, and other materials requested from the facility licensee by the Commission. (b) The written examination for an operator for a facility will include a representative sample from among the following 14 items, to the extent applicable to the facility. (1) Fundamentals of reactor theory, including fission process, neutron multiplication, source effects, control rod effects, criticality indications, reactivity coefficients, and poison effects. (2) General design features of the core, including core structure, fuel elements, control rods, core instrumentation, and coolant flow. (3) Mechanical components and design features of the reactor primary system. (4) Secondary coolant and auxiliary systems that affect the facility. (5) Facility operating characteristics during steady state and transient conditions, including coolant chemistry, causes and effects of temperature, pressure and reactivity changes, effects of load changes, and operating limitations and reasons for these operating characteristics. (6) Design, components, and functions of reactivity control mechanisms and instrumentation. (7) Design, components, and functions of control and safety systems, including instrumentation, signals, interlocks, failure modes, and automatic and manual features. (8) Components, capacity, and functions of emergency systems. (9) Shielding, isolation, and containment design features, including access limitations. (10) Administrative, no… | |||||
| 10:10:2.0.1.1.5.5.63.3 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | E | Subpart E—Written Examinations and Operating Tests | § 55.43 Written examination: Senior operators. | NRC | (a) Content. The written examination for a senior operator will contain a representative selection of questions on the knowledge, skills, and abilities needed to perform licensed senior operator duties. The knowledge, skills, and abilities will be identified, in part, from learning objectives derived from a systematic analysis of licensed senior operator duties performed by each facility licensee and contained in its training program and from information in the Final Safety Analysis Report, system description manuals and operating procedures, facility license and license amendments, Licensee Event Reports, and other materials requested from the facility licensee by the Commission. (b) The written examination for a senior operator for a facility will include a representative sample from among the following seven items and the 14 items specified in § 55.41 of this part, to the extent applicable to the facility: (1) Conditions and limitations in the facility license. (2) Facility operating limitations in the technical specifications and their bases. (3) Facility licensee procedures required to obtain authority for design and operating changes in the facility. (4) Radiation hazards that may arise during normal and abnormal situations, including maintenance activities and various contamination conditions. (5) Assessment of facility conditions and selection of appropriate procedures during normal, abnormal, and emergency situations. (6) Procedures and limitations involved in initial core loading, alterations in core configuration, control rod programming, and determination of various internal and external effects on core reactivity. (7) Fuel handling facilities and procedures. | |||||
| 10:10:2.0.1.1.5.5.63.4 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | E | Subpart E—Written Examinations and Operating Tests | § 55.45 Operating tests. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 53 FR 43421, Oct. 27, 1988; 62 FR 59276, Nov. 3, 1997; 66 FR 52667, Oct. 17, 2001] | (a) Content. The operating tests administered to applicants for operator and senior operator licenses in accordance with paragraph (b)(1) of this section are generally similar in scope. The content will be identified, in part, from learning objectives derived from a systematic analysis of licensed operator or senior operator duties performed by each facility licensee and contained in its training program and from information in the Final Safety Analysis Report, system description manuals and operating procedures, facility license and license amendments, Licensee Event Reports, and other materials requested from the facility licensee by the Commission. The operating test, to the extent applicable, requires the applicant to demonstrate an understanding of and the ability to perform the actions necessary to accomplish a representative sample from among the following 13 items. (1) Perform pre-startup procedures for the facility, including operating of those controls associated with plant equipment that could affect reactivity. (2) Manipulate the console controls as required to operate the facility between shutdown and designated power levels. (3) Identify annunciators and condition-indicating signals and perform appropriate remedial actions where appropriate. (4) Identify the instrumentation systems and the significance of facility instrument readings. (5) Observe and safely control the operating behavior characteristics of the facility. (6) Perform control manipulations required to obtain desired operating results during normal, abnormal, and emergency situations. (7) Safely operate the facility's heat removal systems, including primary coolant, emergency coolant, and decay heat removal systems, and identify the relations of the proper operation of these systems to the operation of the facility. (8) Safely operate the facility's auxiliary and emergency systems, including operation of those controls associated with plant equipment that could affect reactivity or the release of radioactive materials to the e… | ||||
| 10:10:2.0.1.1.5.5.63.5 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | E | Subpart E—Written Examinations and Operating Tests | § 55.46 Simulation facilities. | NRC | [66 FR 52667, Oct. 17, 2001] | (a) General. This section addresses the use of a simulation facility for the administration of the operating test and plant-referenced simulators to meet experience requirements for applicants for operator and senior operator licenses. (b) Commission-approved simulation facilities and Commission approval of use of the plant in the administration of the operating test. (1) Facility licensees that propose to use a simulation facility, other than a plant-referenced simulator, or the plant in the administration of the operating test under §§ 55.45(b)(1) or 55.45(b)(3), shall request approval from the Commission. This request must include: (i) A description of the components of the simulation facility intended to be used, or the way the plant would be used for each part of the operating test, unless previously approved; and (ii) A description of the performance tests for the simulation facility as part of the request, and the results of these tests; and (iii) A description of the procedures for maintaining examination and test integrity consistent with the requirements of § 55.49. (2) The Commission will approve a simulation facility or use of the plant for administration of operating tests if it finds that the simulation facility and its proposed use, or the proposed use of the plant, are suitable for the conduct of operating tests for the facility licensee's reference plant under § 55.45(a). (c) Plant-referenced simulators. (1) A plant-referenced simulator used for the administration of the operating test or to meet experience requirements in § 55.31(a)(5) must demonstrate expected plant response to operator input and to normal, transient, and accident conditions to which the simulator has been designed to respond. The plant-referenced simulator must be designed and implemented so that it: (i) Is sufficient in scope and fidelity to allow conduct of the evolutions listed in §§ 55.45(a)(1) through (13), and 55.59(c)(3)(i)(A) through (AA), as applicable to the design of the reference plant. (ii) Allows fo… | ||||
| 10:10:2.0.1.1.5.5.63.6 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | E | Subpart E—Written Examinations and Operating Tests | § 55.47 Waiver of examination and test requirements. | NRC | (a) On application, the Commission may waive any or all of the requirements for a written examination and operating test, if it finds that the applicant— (1) Has had extensive actual operating experience at a comparable facility, as determined by the Commission, within two years before the date of application; (2) Has discharged his or her responsibilities competently and safely and is capable of continuing to do so; and (3) Has learned the operating procedures for and is qualified to operate competently and safely the facility designated in the application. (b) The Commission may accept as proof of the applicant's past performance a certification of an authorized representative of the facility licensee or of a holder of an authorization by which the applicant was previously employed. The certification must contain a description of the applicant's operating experience, including an approximate number of hours the applicant operated the controls of the facility, the duties performed, and the extent of the applicant's responsibility. (c) The Commission may accept as proof of the applicant's current qualifications a certification of an authorized representative of the facility licensee or of a holder of an authorization where the applicant's services will be utilized. | |||||
| 10:10:2.0.1.1.5.5.63.7 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | E | Subpart E—Written Examinations and Operating Tests | § 55.49 Integrity of examinations and tests. | NRC | [64 FR 19878, Apr. 23, 1999] | Applicants, licensees, and facility licensees shall not engage in any activity that compromises the integrity of any application, test, or examination required by this part. The integrity of a test or examination is considered compromised if any activity, regardless of intent, affected, or, but for detection, would have affected the equitable and consistent administration of the test or examination. This includes activities related to the preparation and certification of license applications and all activities related to the preparation, administration, and grading of the tests and examinations required by this part. | ||||
| 10:10:2.0.1.1.5.6.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | F | Subpart F—Licenses | § 55.51 Issuance of licenses. | NRC | Operator and senior operator licenses. If the Commission determines that an applicant for an operator license or a senior operator license meets the requirements of the Act and its regulations, it will issue a license in the form and containing any conditions and limitations it considers appropriate and necessary. | |||||
| 10:10:2.0.1.1.5.6.63.2 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | F | Subpart F—Licenses | § 55.53 Conditions of licenses. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 56 FR 32070, July 15, 1991; 74 FR 45545, Sept. 3, 2009; 79 FR 66604, Nov. 10, 2014; 89 FR 106253, Dec. 30, 2024] | Each license contains and is subject to the following conditions whether stated in the license or not: (a) Neither the license nor any right under the license may be assigned or otherwise transferred. (b) The license is limited to the facility for which it is issued. (c) The license is limited to those controls of the facility specified in the license. (d) The license is subject to, and the licensee shall observe, all applicable rules, regulations, and orders of the Commission. (e) If a licensee has not been actively performing the functions of an operator or senior operator, the licensee may not resume activities authorized by a license issued under this part except as permitted by paragraph (f) of this section. To maintain active status, the licensee shall actively perform the functions of an operator or senior operator on a minimum of seven 8-hour or five 12-hour shifts per calendar quarter. For non-power reactors, the licensee shall actively perform the functions of an operator or senior operator for a minimum of four hours per calendar quarter. (f) If paragraph (e) of this section is not met, before resumption of functions authorized by a license issued under this part, an authorized representative of the facility licensee shall certify the following: (1) That the qualifications and status of the licensee are current and valid; and (2) That the licensee has completed a minimum of 40 hours of shift functions under the direction of an operator or senior operator as appropriate and in the position to which the individual will be assigned. The 40 hours must have included a complete tour of the plant and all required shift turnover procedures. For senior operators limited to fuel handling under paragraph (c) of this section, one shift must have been completed. For non-power reactors, a minimum of six hours must have been completed. (g) The licensee shall notify the Commission within 30 days about a conviction for a felony. (h) The licensee shall complete a requalification program as described by § 55.59… | ||||
| 10:10:2.0.1.1.5.6.63.3 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | F | Subpart F—Licenses | § 55.55 Expiration. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 79 FR 66605, Nov. 10, 2014] | (a) Each operator license and senior operator license expires six years after the date of issuance, upon termination of employment with the facility licensee, or upon determination by the facility licensee that the licensed individual no longer needs to maintain a license. (b) If a licensee files an application for renewal or an upgrade of an existing license on Form NRC-398 at least 30 days before the expiration of the existing license, it does not expire until disposition of the application for renewal or for an upgraded license has been finally determined by the Commission. Filing by mail will be deemed to be complete at the time the application is deposited in the mail. | ||||
| 10:10:2.0.1.1.5.6.63.4 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | F | Subpart F—Licenses | § 55.57 Renewal of licenses. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 59 FR 5938, Feb. 9, 1994; 68 FR 58813, Oct. 10, 2003] | (a) The applicant for renewal of a license shall— (1) Complete and sign Form NRC-398 and include the number of the license for which renewal is sought. (2) File an original of NRC Form 398 with the appropriate Regional Administrator specified in § 55.5(b). (3) Provide written evidence of the applicant's experience under the existing license and the approximate number of hours that the licensee has operated the facility. (4) Provide a statement by an authorized representative of the facility licensee that during the effective term of the current license the applicant has satisfactorily completed the requalification program for the facility for which operator or senior operator license renewal is sought. (5) Provide evidence that the applicant has discharged the license responsibilities competently and safely. The Commission may accept as evidence of the applicant's having met this requirement a certificate of an authorized representative of the facility licensee or holder of an authorization by which the licensee has been employed. (6) Provide certification by the facility licensee of medical condition and general health on Form NRC-396, to comply with §§ 55.21, 55.23 and 55.27. (b) The license will be renewed if the Commission finds that— (1) The medical condition and the general health of the licensee continue to be such as not to cause operational errors that endanger public health and safety. The Commission will base this finding upon the certification by the facility licensee as described in § 55.23. (2) The licensee— (i) Is capable of continuing to competently and safely assume licensed duties; (ii) Has successfully completed a requalification program that has been approved by the Commission as required by § 55.59; and (iii) Has passed the requalification examinations and annual operating tests as required by § 55.59. (3) There is a continued need for a licensee to operate or for a senior operator to direct operators at the facility designated in the application. (4) The past performance of the… | ||||
| 10:10:2.0.1.1.5.6.63.5 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | F | Subpart F—Licenses | § 55.59 Requalification. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 59 FR 5938, Feb. 9, 1994; 66 FR 52668, Oct. 17, 2001, 81 FR 86909, Dec. 2, 2016; 89 FR 106253, Dec. 30, 2024] | (a) Requalification requirements. Each licensee shall— (1) Successfully complete a requalification program developed by the facility licensee that has been approved by the Commission. This program shall be conducted for a continuous period not to exceed 24 months in duration. (2) Pass a comprehensive requalification written examination and an annual operating test. (i) The written examination will sample the items specified in §§ 55.41 and 55.43 of this part, to the extent applicable to the facility, the licensee, and any limitation of the license under § 55.53(c) of this part. (ii) The operating test will require the operator or senior operator to demonstrate an understanding of and the ability to perform the actions necessary to accomplish a comprehensive sample of items specified in § 55.45(a) (2) through (13) inclusive to the extent applicable to the facility. (iii) In lieu of the Commission accepting a certification by the facility licensee that the licensee has passed written examinations and operating tests administered by the facility licensee within its Commission-approved program developed by using a systems approach to training under paragraph (c) of this section, the Commission may administer a comprehensive requalification written examination and an annual operating test. (b) Additional training. If the requirements of paragraphs (a) (1) and (2) of this section are not met, the Commission may require the licensee to complete additional training and to submit evidence to the Commission of successful completion of this training before returning to licensed duties. (c) Requalification program requirements. A facility licensee shall have a requalification program reviewed and approved by the Commission and shall, upon request consistent with the Commission's inspection program needs, submit to the Commission a copy of its comprehensive requalification written examinations or annual operating tests. The requalification program must meet the requirements of paragraphs (c) (1) through (7) of th… | ||||
| 10:10:2.0.1.1.5.7.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | G | Subpart G—Modification and Revocation of Licenses | § 55.61 Modification and revocation of licenses. | NRC | [52 FR 9460, Mar. 25, 1987, as amended at 56 FR 32070, July 15, 1991; 89 FR 106253, Dec. 30, 2024] | (a) The terms and conditions of all licenses are subject to amendment, revision, or modification by reason of rules, regulations, or orders issued in accordance with the Act or any amendments thereto. (b) Any license may be revoked, suspended, or modified, in whole or in part: (1) For any material false statement in the application or in any statement of fact required under section 182 of the Act, (2) Because of conditions revealed by the application or statement of fact or any report, record, inspection or other means that would warrant the Commission to refuse to grant a license on an original application, (3) For willful violation of, or failure to observe any of the terms and conditions of the Act, or the license, or of any rule, regulation, or order of the Commission, or (4) For any conduct determined by the Commission to be a hazard to safe operation of the facility. (5) For the sale, use or possession of illegal drugs, or refusal to participate in the facility drug and alcohol testing program, or a confirmed positive test for drugs, drug metabolites, or alcohol in violation of the conditions and cutoff levels established by § 55.53(j) or the consumption of alcoholic beverages within the protected area of power reactors or the controlled access area of utilization facilities licensed under 10 CFR part 50 that are not power reactors, or a determination of unfitness for scheduled work as a result of the consumption of alcoholic beverages. | ||||
| 10:10:2.0.1.1.5.8.63.1 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | H | Subpart H—Enforcement | § 55.71 Violations. | NRC | [57 FR 55076, Nov. 24, 1992] | (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 those 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. | ||||
| 10:10:2.0.1.1.5.8.63.2 | 10 | Energy | I | 55 | PART 55—OPERATORS' LICENSES | H | Subpart H—Enforcement | § 55.73 Criminal penalties. | NRC | [57 FR 55076, Nov. 24, 1992] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy of violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 55 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 55 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 55.1, 55.2, 55.4, 55.5, 55.6, 55.7, 55.8, 55.11. 55.13, 55.31, 55.33, 55.35, 55.41, 55.43, 55.47, 55.51, 55.55, 55.57, 55.61, 55.71, and 55.73. | ||||
| 24:24:1.1.1.1.31.1.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.1 Purpose. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68728, Nov. 15, 2013; 89 FR 30903, Apr. 23, 2024] | (a)(1) The purpose of Executive Order 11988, Floodplain Management, as amended, is “to avoid to the extent possible the long and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative.” (2) The purpose of Executive Order 11990, Protection of Wetlands, is “to avoid to the extent possible the long- and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.” (3) This part implements requirements consistent with Executive Order 11988, Floodplain Management, as amended, and Executive Order 11990, Protection of Wetlands, and employs the principles of the Unified National Program for Floodplain Management. These regulations apply to all proposed actions for which approval is required, either from HUD (under any applicable HUD program) or from a recipient (under programs subject to 24 CFR part 58), that are subject to potential harm by location in floodplains or wetlands. Covered actions include acquisition, construction, demolition, improvement, disposition, financing, and use of properties located in floodplains or wetlands. (b) [Reserved] | |||||
| 24:24:1.1.1.1.31.1.59.2 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.2 Terminology. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68729, Nov. 15, 2013; 89 FR 30904, Apr. 23, 2024] | (a) With the exception of those terms defined in paragraph (b) of this section, the terms used in this part shall follow the definitions contained in section 6 of Executive Order 11988, section 7 of Executive Order 11990, and the “Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input”; the terms “special flood hazard area,” “criteria,” and “Regular Program” shall follow the definitions contained in FEMA regulations at 44 CFR 59.1; and the terms “Letter of Map Revision” and “Letter of Map Amendment” shall refer to letters issued by FEMA, as provided in 44 CFR part 65 and 44 CFR part 70, respectively. (b) For purposes of this part, the following definitions apply: (1) Coastal high hazard area means the area subject to high velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS) under FEMA regulations, or according to best available information. (See § 55.8(b) for appropriate data sources.) (2) Compensatory mitigation means the restoration (reestablishment or rehabilitation), establishment (creation), enhancement, and/or, in certain circumstances, preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. Examples include, but are not limited to: (i) Permittee-responsible mitigation: On-site or off-site mitigation undertaken by the holder of a wetlands permit under section 404 of the Clean Water Act (or an authorized agent or contractor), for which the permittee retains full responsibility; (ii) Mitigation banking: A permittee's purchase of credits from a wetlands mitigation bank, comprising wetlands that have been set aside to compensate for conversions of other wetlands; the mitigation obliga… | |||||
| 24:24:1.1.1.1.31.1.59.3 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.3 Assignment of responsibilities. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at78 FR 68730, Nov. 15, 2013; 89 FR 30905, Apr. 23, 2024] | (a) General. The implementation of Executive Orders 11988 and 11990 under this part shall be conducted by HUD for Department-administered programs subject to environmental review under 24 CFR part 50 and by authorized responsible entities that are responsible for environmental review under 24 CFR part 58. (b)(1) The Assistant Secretary for Community Planning and Development (CPD) shall oversee: (i) The Department's implementation of Executive Orders 11988 and 11990 and this part in all HUD programs; and (ii) The implementation activities of HUD program managers and, for HUD financial assistance subject to 24 CFR part 58, of grant recipients and responsible entities. (2) In performing these responsibilities, the Assistant Secretary for CPD shall make pertinent policy determinations in cooperation with appropriate program offices and provide necessary assistance, training, publications, and procedural guidance. (c) Other HUD Assistant Secretaries, the General Counsel, and the President of the Government National Mortgage Association (GNMA) shall: (1) Ensure compliance with this part for all actions under their jurisdiction that are proposed to be conducted, supported, or permitted in a floodplain or wetland, including taking full responsibility for all decisions made under their jurisdiction that are made pursuant to § 55.20 for environmental reviews completed pursuant to 24 CFR part 50; (2) Ensure that actions approved by HUD or responsible entities are monitored and that any prescribed mitigation is implemented; (3) Ensure that the offices under their jurisdiction have the resources to implement the requirements of this part; and (4) Incorporate in departmental regulations, handbooks, and project and site standards those criteria, standards, and procedures related to compliance with this part. (d) Responsible entity Certifying Officer. Certifying Officers of responsible entities administering or reviewing activities subject to 24 CFR part 58 shall comply with this part in carrying out HUD-assist… | |||||
| 24:24:1.1.1.1.31.1.59.4 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.4 Notification of floodplain hazard. | HUD | [89 FR 30905, Apr. 23, 2024] | (a) Notification for property owners, buyers, and developers. For actions in the FFRMS floodplain (as defined in § 55.7), HUD (or HUD's designee) or the responsible entity must ensure that any party participating in the transaction is notified that the property is in the FFRMS floodplain and whether flood insurance is required or available in this location. Notification shall also include a description of the approximate elevation of the FFRMS floodplain, proximity to flood-related infrastructure impacting the site including dams and levees, the location of ingress and egress or evacuation routes relative to the FFRMS floodplain, disclosure of information on flood insurance claims filed on the property to the extent available from FEMA, and other relevant information such as available emergency notification resources. (b) Renter notification. For HUD-assisted, HUD-acquired, and HUD-insured rental properties within the FFRMS floodplain, new and renewal leases must include acknowledgements signed by residents indicating that they have been advised that the property is in a floodplain and flood insurance is available for their personal property. Notification shall also include the location of ingress and egress routes relative to the FFRMS floodplain, available emergency notification resources, and the property's emergency procedures for residents in the event of flooding. (c) Conveyance restrictions for the disposition of multifamily real property. (1) In the disposition (including leasing) of multifamily properties acquired by HUD that are located in the FFRMS floodplain, the documents used for the conveyance must: (i) Refer to those uses that are restricted under identified Federal, State, or local floodplain regulations; and (ii) Include any land use restrictions limiting the use of the property by a grantee or purchaser and any successors under State or local laws. (2)(i) For disposition of multifamily properties acquired by HUD that are located in the FFRMS floodplain and contain critical actions, H… | |||||
| 24:24:1.1.1.1.31.1.59.5 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.5 Flood insurance. | HUD | [89 FR 30905, Apr. 23, 2024] | (a)(1) As required by section 102(a) of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4012a), when HUD financial assistance (including mortgage insurance) is proposed for acquisition or construction purposes in any special flood hazard area (as designated by the Federal Emergency Management Agency (FEMA) on an effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS)), structures for which HUD financial assistance is provided must be covered by flood insurance in an amount at least equal to the project cost less estimated land cost, the outstanding principal balance of any HUD-assisted or HUD-insured loan, or the maximum limit of coverage available under the National Flood Insurance Program, whichever is least. Under section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), such proposed assistance in any special flood hazard area shall not be approved in communities identified by FEMA as eligible for flood insurance but which are not participating in the National Flood Insurance Program. This prohibition only applies to proposed HUD financial assistance in a FEMA-designated special flood hazard area one year after the community has been formally notified by FEMA of the designation of the affected area. This requirement is not applicable to HUD financial assistance in the form of formula grants to States, including financial assistance under the State-administered CDBG Program (24 CFR part 570, subpart I), Emergency Solutions Grant amounts allocated to States (24 CFR part 576), and HOME funds provided to a State under Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701-12839). HUD strongly encourages that flood insurance be obtained and maintained for all HUD-assisted structures in the FFRMS floodplain, sites that have previously flooded, or sites in close proximity to a floodplain. (2) Under section 582 of the National Flood Insurance Reform Act of 1994 (42 U.S.C. 5154a), HUD disaster assistance that is made available in a sp… | |||||
| 24:24:1.1.1.1.31.1.59.6 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | A | Subpart A—General | § 55.6 Complying with this part. | HUD | [89 FR 30905, Apr. 23, 2024] | (a) Process. The process to comply with this part is as follows: (1) HUD or the responsible entity shall determine whether compliance with this part is required. Refer to § 55.12 for a list of activities that do not require further compliance with this part beyond the provisions of paragraph (c) of this section. (2) HUD or the responsible entity shall refer to § 55.8 to determine whether the proposed action is eligible for HUD assistance or if it must be rejected as proposed. (3) If the project requires compliance under this part and is not prohibited by § 55.8, HUD or the responsible entity shall refer to § 55.13 to determine whether the 8-step decision making process in § 55.20 is required. (4) HUD or the responsible entity shall refer to § 55.10 to determine whether the 8-step decision making process in § 55.20 for wetland protection is required or whether best practices to minimize potential indirect impacts to wetlands should be pursued. (5) HUD or the responsible entity shall determine whether an exception in § 55.14 applies that would allow them to complete an abbreviated decision-making process under § 55.20. (6) Where the decision-making process is required, HUD or the responsible entity shall follow the decision-making process described in § 55.20, eliminating any steps as permitted under § 55.14. (b) Decision making. HUD or the responsible entity shall determine whether to approve the action as proposed, approve the action with modifications or at an alternative site, or reject the proposed action, based on its analysis of the proposed risks and impacts. HUD or the responsible entity has discretion to reject any project where it determines that the level of flood hazard is incompatible with the proposed use of the site or that the extent of impacts to wetlands or to the beneficial function of floodplains is not acceptable, regardless of whether it would otherwise be acceptable under this part. (c) Other requirements. Refer to §§ 55.4 and 55.5 to determine whether the proposed action may r… | |||||
| 24:24:1.1.1.1.31.2.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.7 Identifying the FFRMS floodplain. | HUD | [89 FR 30906, Apr. 23, 2024] | (a) HUD or the responsible entity shall determine all compliance with the floodplain review requirements of this part based on the FFRMS floodplain. (b) For a non-critical action, HUD or the responsible entity shall define the FFRMS floodplain using the following process: (1) The climate-informed science approach (CISA) to identify the area having an elevated flood risk during the anticipated life of the project if data is available and actionable. Data is available and actionable for a particular project where: (i) The data can be accessed via a tool, resource, or other process developed or identified by a Federal agency or agencies to define the floodplain using the CISA, and (ii) HUD has adopted the particular tool, resource, or other process through a Federal Register publication for comment. (2) If CISA data is not available or actionable but FEMA has defined the 0.2-percent-annual-chance floodplain, those areas that FEMA has designated as within the 0.2-percent-annual-chance floodplain; or (3) If neither CISA data nor FEMA-mapped 0.2-percent-annual-chance floodplain data is available, those areas that result from adding an additional two feet to the base flood elevation as established by the effective FIRM or FIS or—if available—FEMA-provided interim or preliminary maps or studies or advisory base flood elevations. (4) FFRMS floodplain determinations under paragraphs (b)(2) and (3) of this section shall be made using the information provided in the latest FEMA resources. Elevation determinations based on CISA data or an interim or preliminary FEMA map cannot be used as a basis for a lower elevation than the base flood elevation on the current FIRM or FIS. (c) For a critical action, the FFRMS floodplain is either: (1) Those areas designated as having an elevated flood risk identified by the climate-informed science approach (CISA)—as determined based on the criticality of the action—during the anticipated life of the project if the data is available and actionable, as available and actionable is d… | |||||
| 24:24:1.1.1.1.31.2.59.2 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.8 Limitations on HUD assistance in floodplains. | HUD | [89 FR 30906, Apr. 23, 2024] | (a) HUD financial assistance (including mortgage insurance) may not be approved with respect to: (1) Any action located in a floodway unless one of the following applies: (i) An exception listed in § 55.12 applies; or (ii) A permanent covenant or comparable restriction will preserve all onsite FFRMS floodplain and/or wetland areas from future development or expansion of existing uses in the floodplain and/or wetland areas. Any rehabilitation, including reconstruction in the case of properties affected by Presidentially declared disasters, that does not expand the footprint of the buildings or the number of units on the site would be allowed within the FFRMS floodplain outside of the floodway. No buildings or improvements may modify or occupy the floodway, with the exception of: (A) Functionally dependent uses (as defined in § 55.2(b)(7)) and utility lines; (B) De minimis improvements, including minimal ground disturbance or placement of impervious surface area to ensure accessibility where this is permitted by local ordinances and does not increase flood risk to the property; or (C) Buildings and improvements that will be removed as part of the proposed action. (2) Any critical action located in a floodway, other than a functionally dependent use where any existing or new structure has been or will be elevated or floodproofed to the FFRMS elevation for critical actions; or any critical action in a coastal high hazard area or LiMWA, other than a functionally dependent use where any existing or new structure has been or will be elevated and constructed in accordance with current FEMA V-zone construction standards at 44 CFR 60.3(e); provided that, for a critical action that is insurance of a mortgage on a property containing a floodway with no structures or improvements in the floodway, paragraph (a)(1) of this section applies; or (3) Any noncritical action located in a coastal high hazard area, or LiMWA, unless the action is a functionally dependent use, is limited to existing structures or improvements, or… | |||||
| 24:24:1.1.1.1.31.2.59.3 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.9 Identifying wetlands. | HUD | [89 FR 30906, Apr. 23, 2024] | The following process shall be followed in making the wetlands determination: (a) HUD or the responsible entity shall determine whether the action involves new construction that is located in or impacts a wetland. (b) As primary screening, HUD or the responsible entity shall verify whether the project area is located in proximity to wetlands identified on the National Wetlands Inventory (NWI) and assess the site for visual indication of the presence of wetlands such as hydrology (water), hydric soils, or wetland vegetation. Where the primary screening is inconclusive, potential wetlands should be further evaluated using one or more of the following methods: (1) Consultation with the Department of the Interior, U.S. Fish and Wildlife Service (USFWS), for information concerning the location, boundaries, scale, and classification of wetlands within the area. (2) Reference to the Department of Agriculture, Natural Resources Conservation Service (NRCS) National Soil Survey (NSS), and any Tribal, State, or local information concerning the location, boundaries, scale, and classification of wetlands within the action area and further site study by the environmental review preparer with reference to Federal guidance on field identification of the biological (rather than jurisdictional) characteristics of wetlands. (3) Evaluation by a qualified wetlands scientist to delineate the wetland boundaries on site. | |||||
| 24:24:1.1.1.1.31.2.59.4 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.10 Limitations on HUD assistance in wetlands. | HUD | [89 FR 30908, Apr. 23, 2024] | (a) When the proposed project includes new construction activities (including grading, clearing, draining, filling, diking, impounding, and related activities for any structure or facilities including the siting of new manufactured housing units) that will have a direct impact to onsite wetlands identified by the process described in § 55.9, compliance with this part requires completion of the 8-step decision making process in § 55.20 to address wetland impacts. (b) When the proposed project may indirectly affect wetlands by modifying the flow of stormwater, releasing pollutants, or otherwise changing conditions that contribute to wetlands viability, the significance of these impacts must be evaluated and the impacts minimized through best management practices. If the project site includes wetlands that will not be impacted by new construction, HUD strongly encourages measures to preserve such wetlands from future impacts, including by obtaining a restrictive covenant, conservation easement, or other mechanism. (c) When the proposed project may indirectly affect off-site wetlands, impacts should be minimized to the extent practicable. While this part does not require further decision making to address these effects under the authority of Executive Order 11990, measures to address offsite wetlands impacts may be necessary to comply with related laws and authorities including the Endangered Species Act or to address significant impacts under the National Environmental Policy Act. | |||||
| 24:24:1.1.1.1.31.2.59.5 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.11 [Reserved] | HUD | |||||||
| 24:24:1.1.1.1.31.2.59.6 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.12 Inapplicability of 24 CFR part 55 to certain categories of proposed actions. | HUD | [89 FR 30908, Apr. 23, 2024] | With the exception of the flood insurance requirements in § 55.5, this part shall not apply to the following categories of proposed HUD actions: (a) HUD-assisted activities described in 24 CFR 58.34 and 58.35(b); (b) HUD-assisted activities described in 24 CFR 50.19, except as otherwise indicated in § 50.19; (c) The approval of financial assistance for restoring and preserving the natural and beneficial functions and values of floodplains and wetlands, including through acquisition of such floodplain and wetland property, where a permanent covenant or comparable restriction is placed on the property's continued use for flood control, wetland protection, open space, or park land, but only if: (1) The property is cleared of all existing buildings and walled structures; and (2) The property is cleared of related improvements except those which: (i) Are directly related to flood control, wetland protection, open space, or park land (including playgrounds and recreation areas); (ii) Do not modify existing wetland areas or involve fill, paving, or other ground disturbance beyond minimal trails or paths; and (iii) Are designed to be compatible with the beneficial floodplain or wetland function of the property. (d) An action involving a repossession, receivership, foreclosure, or similar acquisition of property to protect or enforce HUD's financial interests under previously approved loans, grants, mortgage insurance, or other HUD assistance; (e) Policy-level actions described at 24 CFR 50.16 that do not involve site-based decisions; (f) A minor amendment to a previously approved action with no additional adverse impact on or from a floodplain or wetland; (g) HUD's or the responsible entity's approval of a project site, an incidental portion of which is situated in the FFRMS floodplain (not including the floodway, LiMWA, or coastal high hazard area), but only if: (1) The proposed project site does not include any existing or proposed buildings or improvements that modify or occupy the FFRMS floodplain except… | |||||
| 24:24:1.1.1.1.31.2.59.7 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.13 Inapplicability of 8-step decision making process to certain categories of proposed actions. | HUD | [89 FR 30909, Apr. 23, 2024] | The decision-making process in § 55.20 shall not apply to the following categories of proposed actions: (a) HUD's mortgage insurance actions and other financial assistance for the purchasing, mortgaging, or refinancing of existing one- to four-family properties in communities that are in the Regular Program of the National Flood Insurance Program (NFIP) and in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24), where the action is not a critical action and the property is not located in a floodway, coastal high hazard area, or LiMWA; (b) Financial assistance for minor repairs or improvements on one- to four-family properties that do not meet the thresholds for “substantial improvement” under § 55.2(b)(12); (c) HUD or a recipient's actions involving the disposition of individual HUD or recipient held one- to four-family properties; (d) HUD guarantees under the Loan Guarantee Recovery Fund Program (24 CFR part 573), where any new construction or rehabilitation financed by the existing loan or mortgage has been completed prior to the filing of an application under the program, and the refinancing will not allow further construction or rehabilitation, nor result in any physical impacts or changes except for routine maintenance; (e) The approval of financial assistance to lease an existing structure and/or units within an existing structure located within the floodplain, but only if; (1) The structure is located outside the floodway or coastal high hazard area, and is in a community that is in the Regular Program of the NFIP and in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24); (2) The project is not a critical action; and (3) The entire structure is or will be fully insured or insured to the maximum extent available under the NFIP for at least the term of the lease. (f) Special projects for the purpose of improving the energy or water efficiency of utilities or installing renewable energy that inv… | |||||
| 24:24:1.1.1.1.31.2.59.8 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | B | Subpart B—Application of Executive Orders on Floodplain Management and Protection of Wetlands | § 55.14 Modified 5-step decision making process for certain categories of proposed actions. | HUD | [89 FR 30909, Apr. 23, 2024] | The decision making steps in § 55.20(b), (c), and (g) (Steps 2, 3, and 7) do not apply to the following categories of proposed actions: (a) HUD's or the recipient's actions involving the disposition of acquired multifamily housing projects or “bulk sales” of HUD-acquired (or under part 58 of recipients') one- to four-family properties in communities that are in the Regular Program of the NFIP and in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24). For programs subject to part 58, this paragraph applies only to recipients' disposition activities that are subject to review under part 58. (b) HUD's actions under the National Housing Act (12 U.S.C. 1701 et seq. ) for the purchase or refinancing of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, and intermediate care facilities, in communities that are in good standing under the NFIP. (c) HUD's or the recipient's actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing multifamily housing projects, hospitals, nursing homes, assisted living facilities, board and care facilities, intermediate care facilities, and one- to four-family properties, in communities that are in the Regular Program of the NFIP and are in good standing ( i.e., not suspended from program eligibility or placed on probation under 44 CFR 59.24), provided that the number of units is not increased more than 20 percent, the action does not involve a conversion from nonresidential to residential land use, the action does not meet the thresholds for “substantial improvement” under § 55.2(b)(12), and the footprint of the structure and paved areas is not increased by more than 20 percent. (d) HUD's or the recipient's actions under any HUD program involving the repair, rehabilitation, modernization, weatherization, or improvement of existing nonresidential buildings and structures, in communities that are i… | |||||
| 24:24:1.1.1.1.31.3.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.16 Applicability of subpart C decision making process. | HUD | [89 FR 30910, Apr. 23, 2024] | Table 1 to this section indicates the applicability, by location and type of action, of the decision making process for implementing Executive Order 11988 and Executive Order 11990 under this subpart. Table 1 to § 55.16 1 Under Executive Order 11990, the decision making process in § 55.20 only applies to Federal assistance for new construction in wetlands locations. 2 Or those paragraphs of § 55.20 that are applicable to an action listed in § 55.14. | |||||
| 24:24:1.1.1.1.31.3.59.2 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.20 Decision making process. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at 78 FR 68732, Nov. 15, 2013; 89 FR 30910, Apr. 23, 2024] | Except for actions covered by § 55.14, the decision making process for compliance with this part contains eight steps, including public notices and an examination of practicable alternatives when addressing floodplains and wetlands. Third parties may provide analysis and information to support the decision making process; however, final determinations for each step, authorization of public notices, and receipt of public comments, are the responsibility of HUD or the responsible entity. The steps to be followed in the decision making process are as follows: (a) Step 1. Using the processes described in §§ 55.7 and 55.9, determine whether the proposed action is located in the FFRMS floodplain or results in new construction that directly impacts an onsite wetland. If the action does not occur in the FFRMS floodplain or include new construction directly impacting an onsite wetland, then no further compliance with this section is required. Where the proposed action would be located in the FFRMS floodplain and includes new construction directly impacting an onsite wetland, these impacts should be evaluated together in a single 8-step decision making process. In such a case, the wetland will be considered among the primary natural and beneficial functions and values of the floodplain. For purposes of this section, an “action” includes areas required for ingress and egress, even if they are not within the site boundary, and other integral components of the proposed action, even if they are not within the site boundary. (b) Step 2. Notify the public and agencies responsible for floodplain management or wetlands protection at the earliest possible time of a proposal to consider an action in an FFRMS floodplain or wetland and involve the affected and interested public and agencies in the decision making process. (1) The public notices required by paragraphs (b) and (g) of this section may be combined with other project notices wherever appropriate. Notices required under this part must be bilingual or multilingual, as… | |||||
| 24:24:1.1.1.1.31.3.59.3 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.21 Alternate processing for existing nonconforming sites. | HUD | [89 FR 30912, Apr. 23, 2024] | Notwithstanding the limitations on HUD assistance defined in § 55.8, in exceptional circumstances, the Assistant Secretary for Community Planning and Development may approve HUD assistance or insurance to improve an existing property with ongoing HUD assistance or mortgage insurance if the following conditions are satisfied: (a) HUD completes an environmental review pursuant to 24 CFR part 50, including the 8-step decision making process pursuant to § 55.20, that: (1) Documents that it is not practicable to transfer the HUD assistance to a site with lower flood risk under existing program rules, financial limitations, and site availability; and (2) Mandates measures to ensure that the elevated flood risk is the only environmental hazard or impact that does not comply or that requires mitigation to comply, with HUD's environmental requirements at 24 CFR parts 50, 51, 55, and 58; and (b) The proposed project incorporates all practicable measures to minimize flood risk, preserve the function of the floodplain and any impacted wetlands as described in § 55.20(e), and increase the overall resilience of the site, as approved and/or required by HUD. At minimum, these measures must include: (1) Removal of all residential units and critical action structures from the floodway; (2) Identification of evacuation routes out of the FFRMS floodplain; (3) A No-Rise Certification for any new improvements in the floodway; and (4) Elevation (or floodproofing pursuant to § 55.20(e)(1)) of existing structures within the FFRMS Floodplain, where practicable. | |||||
| 24:24:1.1.1.1.31.3.59.4 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | §§ 55.22-55.25 [Reserved] | HUD | |||||||
| 24:24:1.1.1.1.31.3.59.5 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | § 55.26 Adoption of another agency's review under the Executive orders. | HUD | [59 FR 19107, Apr. 21, 1994, as amended at78 FR 68734, Nov. 15, 2013; 89 FR 30913, Apr. 23, 2024] | If a proposed action covered under this part is already covered in a prior review performed under Executive Order 11988 or Executive Order 11990 by another agency, including HUD or a different responsible entity, that review may be adopted by HUD or by a responsible entity authorized under 24 CFR part 58 without further public notice, provided that: (a) There is no pending litigation relating to the other agency's review for floodplain management or wetland protection; (b) The adopting agency makes a finding that: (1) The action currently proposed has not substantially changed in project description, scope, and magnitude from the action previously reviewed by the other agency; and (2) There has been no material change in circumstances since the previous review was conducted; and (c) HUD assistance must be conditioned on mitigation measures prescribed in the previous review. | |||||
| 24:24:1.1.1.1.31.3.59.6 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | C | Subpart C—Procedures for Making Determinations on Floodplain Management and Protection of Wetlands | §§ 55.27-55.28 [Reserved] | HUD | |||||||
| 24:24:1.1.1.1.31.4.59.1 | 24 | Housing and Urban Development | 55 | PART 55—FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS | D | Subpart D—Severability | § 55.30 Severability. | HUD | [89 FR 30913, Apr. 23, 2024] | Any provision of this part held to be invalid or unenforceable as applied to any action should be construed so as to continue to give the maximum effect to the provision permitted by law, unless such holding is that the provision of this part is invalid and unenforceable in all circumstances, in which event the provision should be severable from the remainder of this part and shall not affect the remainder thereof. | |||||
| 28:28:2.0.1.1.12.1.1.1 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | A | Subpart A—General Provisions | § 55.1 Definitions. | DOJ | [Order No. 1246-87, 53 FR 735, Jan. 12, 1988, as amended by Order No. 1752-93, 58 FR 35372, July 1, 1993; Order No. 3291-2011, 76 FR 54111, Aug. 31, 2011] | As used in this part— Act means the Voting Rights Act of 1965, 79 Stat. 437, Public Law 89-110, as amended by the Civil Rights Act of 1968, 82 Stat. 73, Public Law 90-284, the Voting Rights Act Amendments of 1970, 84 Stat. 314, Public Law 91-285, the District of Columbia Delegate Act, 84 Stat. 853, Public Law 91-405, the Voting Rights Act Amendments of 1975, 89 Stat. 400, Public Law 94-73, the Voting Rights Act Amendments of 1982, 96 Stat. 131, Public Law 97-205, the Voting Rights Language Assistance Act of 1992, 106 Stat. 921, Public Law 102-344, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, 120 Stat. 577, Public Law 109-246, and the Act to Revise the Short Title of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act, 122 Stat. 2428, Public Law 110-258, 42 U.S.C. 1973 et seq. Section numbers, such as “section 14(c)(3),” refer to sections of the Act. Attorney General means the Attorney General of the United States. Language minorities or language minority group is used, as defined in the Act, to refer to persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage. (Sections 14(c)(3) and 203(e)). Political subdivision is used, as defined in the Act, to refer to “any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting.” (Section 14(c)(2)). | ||||
| 28:28:2.0.1.1.12.1.1.2 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | A | Subpart A—General Provisions | § 55.2 Purpose; standards for measuring compliance. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988] | (a) The purpose of this part is to set forth the Attorney General's interpretation of the provisions of the Voting Rights Act which require certain States and political subdivisions to conduct elections in the language of certain “language minority groups” in addition to English. (b) In the Attorney General's view the objective of the Act's provisions is to enable members of applicable language minority groups to participate effectively in the electoral process. This part establishes two basic standards by which the Attorney General will measure compliance: (1) That materials and assistance should be provided in a way designed to allow members of applicable language minority groups to be effectively informed of and participate effectively in voting-connected activities; and (2) That an affected jurisdiction should take all reasonable steps to achieve that goal. (c) The determination of what is required for compliance with section 4(f)(4) and section 203(c) is the responsibility of the affected jurisdiction. These guidelines should not be used as a substitute for analysis and decision by the affected jurisdiction. (d) Jurisdictions covered under section 4(f)(4) of the Act are subject to the preclearance requirements of section 5. See part 51 of this chapter. Such jurisdictions have the burden of establishing to the satisfaction of the Attorney General or to the U.S. District Court for the District of Columbia that changes made in their election laws and procedures in order to comply with the requirements of section 4(f)(4) are not discriminatory under the terms of section 5. However, section 5 expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of the changes. (e) Jurisdictions covered solely under section 203(c) of the Act are not subject to the preclearance requirements of section 5, nor is there a Federal apparatus available for preclearance of section 203(c) compliance activities. The Attorney General will not preclea… | ||||
| 28:28:2.0.1.1.12.1.1.3 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | A | Subpart A—General Provisions | § 55.3 Statutory requirements. | DOJ | The Act's requirements concerning the conduct of elections in languages in addition to English are contained in section 4(f)(4) and section 203(c). These sections state that whenever a jurisdiction subject to their terms “provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable language minority group as well as in * * * English. * * *” | |||||
| 28:28:2.0.1.1.12.2.1.1 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | B | Subpart B—Nature of Coverage | § 55.4 Effective date; list of covered jurisdictions. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988; Order No. 3291-2011, 76 FR 54111, Aug. 31, 2011] | (a) The minority language provisions of the Voting Rights Act were added by the Voting Rights Act Amendments of 1975, and amended and extended in 1982, 1992, and 2006. (1) The requirements of section 4(f)(4) take effect upon publication in the Federal Register of the requisite determinations of the Director of the Census and the Attorney General. Such determinations are not reviewable in any court. See section 4(b). (2) The requirements of section 203(c) take effect upon publication in the Federal Register of the requisite determinations of the Director of the Census. Such determinations are not reviewable in any court. See section 203(b)(4). (b) Jurisdictions determined to be covered under section 4(f)(4) or section 203(c) are listed, together with the language minority group with respect to which coverage was determined, in the appendix to this part. Any additional determinations of coverage under either section 4(f)(4) or section 203(c) will be published in the Federal Register. | ||||
| 28:28:2.0.1.1.12.2.1.2 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | B | Subpart B—Nature of Coverage | § 55.5 Coverage under section 4(f)(4). | DOJ | (a) Coverage formula. Section 4(f)(4) applies to any State or political subdivision in which (1) Over five percent of the voting-age citizens were, on November 1, 1972, members of a single language minority group, (2) Registration and election materials were provided only in English on November 1, 1972, and (3) Fewer than 50 percent of the voting-age citizens were registered to vote or voted in the 1972 Presidential election. All three conditions must be satisfied before coverage exists under section 4(f)(4). 1 1 Coverage is based on sections 4(b) (third sentence), 4(c), and 4(f)(3). (b) Coverage may be determined with regard to section 4(f)(4) on a statewide or political subdivision basis. (1) Whenever the determination is made that the bilingual requirements of section 4(f)(4) are applicable to an entire State, these requirements apply to each of the State's political subdivisions as well as to the State. In other words, each political subdivision within a covered State is subject to the same requirements as the State. (2) Where an entire State is not covered under section 4(f)(4), individual political subdivisions may be covered. | |||||
| 28:28:2.0.1.1.12.2.1.3 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | B | Subpart B—Nature of Coverage | § 55.6 Coverage under section 203(c). | DOJ | [Order No. 1752-93, 58 FR 35372, July 1, 1993] | (a) Coverage formula. There are four ways in which a political subdivision can become subject to section 203(c). 2 2 The criteria for coverage are contained in section 203(b). (1) Political subdivision approach. A political subdivision is covered if— (i) More than 5 percent of its voting age citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate. (2) State approach. A political subdivision is covered if— (i) It is located in a state in which more than 5 percent of the voting age citizens are members of a single language minority and are limited-English proficient; (ii) The illiteracy rate of such language minority citizens in the state is higher than the national illiteracy rate; and (iii) Five percent or more of the voting age citizens of the political subdivision are members of such language minority group and are limited-English proficient. (3) Numerical approach. A political subdivision is covered if— (i) More than 10,000 of its voting age citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens in the political subdivision is higher than the national illiteracy rate. (4) Indian reservation approach. A political subdivision is covered if there is located within its borders all or any part of an Indian reservation— (i) In which more than 5 percent of the voting age American Indian or Alaska Native citizens are members of a single language minority group and are limited-English proficient; and (ii) The illiteracy rate of such language minority citizens is higher than the national illiteracy rate. (b) Definitions. For the purpose of determinations of coverage under section 203(c), limited-English proficient means unable to speak or understand English adequately enough to participate in the electoral process; I… | ||||
| 28:28:2.0.1.1.12.2.1.4 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | B | Subpart B—Nature of Coverage | § 55.7 Termination of coverage. | DOJ | [Order No. 3291-2011, 76 FR 54111, Aug. 31, 2011] | (a) Section 4(f)(4). The requirements of section 4(f)(4) apply for a twenty-five-year period following the effective date of the amendments made by the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006, which amendments became effective on July 27, 2006. See section 4(a)(8). A covered State, a political subdivision of a covered State, a separately covered political subdivision, or a political subunit of any of the above, may terminate the application of section 4(f)(4) earlier by obtaining the declaratory judgment described in section 4(a) of the Act. (b) Section 203(c). The requirements of section 203(c) apply until August 6, 2032. See section 203(b). A covered jurisdiction may terminate Section 203 coverage earlier if it can prove in a declaratory judgment action in a United States district court, that the illiteracy rate of the applicable language minority group is equal to or less than the national illiteracy rate, as described in section 203(d) of the Act. | ||||
| 28:28:2.0.1.1.12.2.1.5 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | B | Subpart B—Nature of Coverage | § 55.8 Relationship between section 4(f)(4) and section 203(c). | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 3291-2011, 76 FR 54112, Aug. 31, 2011] | (a) The statutory requirements of section 4(f)(4) and section 203(c) regarding minority language material and assistance are essentially identical. (b) Jurisdictions subject to the requirements of section 4(f)(4)—but not jurisdictions subject only to the requirements of section 203(c)—are also subject to the Act's special provisions, such as section 5 (regarding preclearance of changes in voting laws) and section 8 (regarding federal observers). 2 See part 51 of this chapter. 2 In addition, a jurisdiction covered under section 203(c) but not under section 4(f)(4) is subject to the Act's special provisions if it was covered under section 4(b) prior to the 1975 Amendments to the Act. (c) Although the coverage formulas applicable to section 4(f)(4) and section 203(c) are different, a political subdivision may be included within both of the coverage formulas. Under these circumstances, a judgment terminating coverage of the jurisdiction under one provision would not have the effect of terminating coverage under the other provision. | ||||
| 28:28:2.0.1.1.12.2.1.6 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | B | Subpart B—Nature of Coverage | § 55.9 Coverage of political units within a county. | DOJ | Where a political subdivision (e.g., a county) is determined to be subject to section 4(f)(4) or section 203(c), all political units that hold elections within that political subdivision (e.g., cities, school districts) are subject to the same requirements as the political subdivision. | |||||
| 28:28:2.0.1.1.12.2.1.7 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | B | Subpart B—Nature of Coverage | § 55.10 Types of elections covered. | DOJ | (a) General. The language provisions of the Act apply to registration for and voting in any type of election, whether it is a primary, general or special election. Section 14(c)(1). This includes elections of officers as well as elections regarding such matters as bond issues, constitutional amendments and referendums. Federal, State and local elections are covered as are elections of special districts, such as school districts and water districts. (b) Elections for statewide office. If an election conducted by a county relates to Federal or State offices or issues as well as county offices or issues, a county subject to the bilingual requirements must insure compliance with those requirements with respect to all aspects of the election, i.e., the minority language material and assistance must deal with the Federal and State offices or issues as well as county offices or issues. (c) Multi-county districts. Regarding elections for an office representing more than one county, e.g., State legislative districts and special districts that include portions of two or more counties, the bilingual requirements are applicable on a county-by-county basis. Thus, minority language material and assistance need not be provided by the government in counties not subject to the bilingual requirements of the Act. | |||||
| 28:28:2.0.1.1.12.3.1.1 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | C | Subpart C—Determining the Exact Language | § 55.11 General. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988; Order No. 3291-2011, 76 FR 54112, Aug. 31, 2011] | The requirements of section 4(f)(4) or section 203(c) apply with respect to the languages of language minority groups. The applicable groups are indicated in the determinations of the Attorney General or the Director of the Census. This subpart relates to the view of the Attorney General concerning the determination by covered jurisdictions of precisely the language to be employed. In enforcing the Act, the Attorney General will consider whether the languages, forms of languages, or dialects chosen by covered jurisdictions for use in the electoral process enable members of applicable language minority groups to participate effectively in the electoral process. It is the responsibility of covered jurisdictions to determine what languages, forms of languages, or dialects will be effective. For those jurisdictions covered under section 203(c), the coverage determination (indicated in the appendix) may specify the particular language minority group (in parentheses) for which the jurisdiction is covered, but does not specify the language or dialect to be used for such group. | ||||
| 28:28:2.0.1.1.12.3.1.2 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | C | Subpart C—Determining the Exact Language | § 55.12 Language used for written material. | DOJ | (a) Language minority groups having more than one language. Some language minority groups, for example, Filipino Americans, have more than one language other than English. A jurisdiction required to provide election materials in the language of such a group need not provide materials in more than one language other than English. The Attorney General will consider whether the language that is used for election materials is the one most widely used by the jurisdiction's voting-age citizens who are members of the language minority group. (b) Languages with more than one written form. Some languages, for example, Japanese, have more than one written form. A jurisdiction required to provide election materials in such a language need not provide more than one version. The Attorney General will consider whether the particular version of the language that is used for election materials is the one most widely used by the jurisdiction's voting-age citizens who are members of the language minority group. (c) Unwritten languages. Many of the languages used by language minority groups, for example, by some American Indians and Alaskan Natives, are unwritten. With respect to any such language, only oral assistance and publicity are required. Even though a written form for a language may exist, a language may be considered unwritten if it is not commonly used in a written form. It is the responsibility of the covered jurisdiction to determine whether a language should be considered written or unwritten. | |||||
| 28:28:2.0.1.1.12.3.1.3 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | C | Subpart C—Determining the Exact Language | § 55.13 Language used for oral assistance and publicity. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1246-87, 53 FR 736, Jan. 12, 1988; Order No. 1752-93, 58 FR 35373, July 1, 1993] | (a) Languages with more than one dialect. Some languages, for example, Chinese, have several dialects. Where a jurisdiction is obligated to provide oral assistance in such a language, the jurisdiction's obligation is to ascertain the dialects that are commonly used by members of the applicable language minority group in the jurisdiction and to provide oral assistance in such dialects. (See § 55.20.) (b) Language minority groups having more than one language. In some jurisdictions members of an applicable language minority group speak more than one language other than English. Where a jurisdiction is obligated to provide oral assistance in the language of such a group, the jurisdiction's obligation is to ascertain the languages that are commonly used by members of that group in the jurisdiction and to provide oral assistance in such languages. (See § 55.20) | ||||
| 28:28:2.0.1.1.12.4.1.1 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.14 General. | DOJ | (a) This subpart sets forth the views of the Attorney General with respect to the requirements of section 4(f)(4) and section 203(c) concerning the provision of minority language materials and assistance and some of the factors that the Attorney General will consider in carrying out his responsibilities to enforce section 4(f)(4) and section 203(c). Through the use of his authority under section 5 and his authority to bring suits to enforce section 4(f)(4) and section 203(c), the Attorney General will seek to prevent or remedy discrimination against members of language minority groups based on the failure to use the applicable minority language in the electoral process. The Attorney General also has the responsibility to defend against suits brought for the termination of coverage under section 4(f)(4) and section 203(c). (b) In discharging these responsibilities the Attorney General will respond to complaints received, conduct on his own initiative inquiries and surveys concerning compliance, and undertake other enforcement activities. (c) It is the responsibility of the jurisdiction to determine what actions by it are required for compliance with the requirements of section 4(f)(4) and section 203(c) and to carry out these actions. | |||||
| 28:28:2.0.1.1.12.4.1.2 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.15 Affected activities. | DOJ | The requirements of sections 4(f)(4) and 203(c) apply with regard to the provision of “any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots.” The basic purpose of these requirements is to allow members of applicable language minority groups to be effectively informed of and participate effectively in voting-connected activities. Accordingly, the quoted language should be broadly construed to apply to all stages of the electoral process, from voter registration through activities related to conducting elections, including, for example the issuance, at any time during the year, of notifications, announcements, or other informational materials concerning the opportunity to register, the deadline for voter registration, the time, places and subject matters of elections, and the absentee voting process. | |||||
| 28:28:2.0.1.1.12.4.1.3 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.16 Standards and proof of compliance. | DOJ | Compliance with the requirements of section 4(f)(4) and section 203(c) is best measured by results. A jurisdiction is more likely to achieve compliance with these requirements if it has worked with the cooperation of and to the satisfaction of organizations representing members of the applicable language minority group. In planning its compliance with section 4(f)(4) or section 203(c), a jurisdiction may, where alternative methods of compliance are available, use less costly methods if they are equivalent to more costly methods in their effectiveness. | |||||
| 28:28:2.0.1.1.12.4.1.4 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.17 Targeting. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1752-93, 58 FR 35373, July 1, 1993] | The term “targeting” is commonly used in discussions of the requirements of section 4(f)(4) and section 203(c). “Targeting” refers to a system in which the minority language materials or assistance required by the Act are provided to fewer than all persons or registered voters. It is the view of the Attorney General that a targeting system will normally fulfill the Act's minority language requirements if it is designed and implemented in such a way that language minority group members who need minority language materials and assistance receive them. | ||||
| 28:28:2.0.1.1.12.4.1.5 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.18 Provision of minority language materials and assistance. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 733-77, 42 FR 35970, July 13, 1977] | (a) Materials provided by mail. If materials provided by mail (or by some comparable form of distribution) generally to residents or registered voters are not all provided in the applicable minority language, the Attorney General will consider whether an effective targeting system has been developed. For example, a separate mailing of materials in the minority language to persons who are likely to need them or to residents of neighborhoods in which such a need is likely to exist, supplemented by a notice of the availability of minority language materials in the general mailing (in English and in the applicable minority language) and by other publicity regarding the availability of such materials may be sufficient. (b) Public notices. The Attorney General will consider whether public notices and announcements of electoral activities are handled in a manner that provides members of the applicable language minority group an effective opportunity to be informed about electoral activities. (c) Registration. The Attorney General will consider whether the registration system is conducted in such a way that members of the applicable language minority group have an effective opportunity to register. One method of accomplishing this is to provide, in the applicable minority language, all notices, forms and other materials provided to potential registrants and to have only bilingual persons as registrars. Effective results may also be obtained, for example, through the use of deputy registrars who are members of the applicable language minority group and the use of decentralized places of registration, with minority language materials available at places where persons who need them are most likely to come to register. (d) Polling place activities. The Attorney General will consider whether polling place activities are conducted in such a way that members of the applicable language minority group have an effective opportunity to vote. One method of accomplishing this is to provide all notices, instructions, ballot… | ||||
| 28:28:2.0.1.1.12.4.1.6 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.19 Written materials. | DOJ | (a) Types of materials. It is the obligation of the jurisdiction to decide what materials must be provided in a minority language. A jurisdiction required to provide minority language materials is only required to publish in the language of the applicable language minority group materials distributed to or provided for the use of the electorate generally. Such materials include, for example, ballots, sample ballots, informational materials, and petitions. (b) Accuracy, completeness. It is essential that material provided in the language of a language minority group be clear, complete and accurate. In examining whether a jurisdiction has achieved compliance with this requirement, the Attorney General will consider whether the jurisdiction has consulted with members of the applicable language minority group with respect to the translation of materials. (c) Ballots. The Attorney General will consider whether a jurisdiction provides the English and minority language versions on the same document. Lack of such bilingual preparation of ballots may give rise to the possibility, or to the appearance, that the secrecy of the ballot will be lost if a separate minority language ballot or voting machine is used. (d) Voting machines. Where voting machines that cannot mechanically accommodate a ballot in English and in the applicable minority language are used, the Attorney General will consider whether the jurisdiction provides sample ballots for use in the polling booths. Where such sample ballots are used the Attorney General will consider whether they contain a complete and accurate translation of the English ballots, and whether they contain or are accompanied by instructions in the minority language explaining the operation of the voting machine. The Attorney General will also consider whether the sample ballots are displayed so that they are clearly visible and at the same level as the machine ballot on the inside of the polling booth, whether the sample ballots are identical in layout to the machine ballots,… | |||||
| 28:28:2.0.1.1.12.4.1.7 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.20 Oral assistance and publicity. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 1752-93, 58 FR 35373, July 1, 1993] | (a) General. Announcements, publicity, and assistance should be given in oral form to the extent needed to enable members of the applicable language minority group to participate effectively in the electoral process. (b) Assistance. The Attorney General will consider whether a jurisdiction has given sufficient attention to the needs of language minority group members who cannot effectively read either English or the applicable minority language and to the needs of members of language minority groups whose languages are unwritten. (c) Helpers. With respect to the conduct of elections, the jurisdiction will need to determine the number of helpers (i.e., persons to provide oral assistance in the minority language) that must be provided. In evaluating the provision of assistance, the Attorney General will consider such facts as the number of a precinct's registered voters who are members of the applicable language minority group, the number of such persons who are not proficient in English, and the ability of a voter to be assisted by a person of his or her own choice. The basic standard is one of effectiveness. | ||||
| 28:28:2.0.1.1.12.4.1.8 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | D | Subpart D—Minority Language Materials and Assistance | § 55.21 Record keeping. | DOJ | The Attorney General's implementation of the Act's provisions concerning language minority groups would be facilitated if each covered jurisdiction would maintain such records and data as will document its actions under those provisions, including, for example, records on such matters as alternatives considered prior to taking such actions, and the reasons for choosing the actions finally taken. | |||||
| 28:28:2.0.1.1.12.5.1.1 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | E | Subpart E—Preclearance | § 55.22 Requirements of section 5 of the Act. | DOJ | For many jurisdictions, changes in voting laws and practices will be necessary in order to comply with section 4(f)(4) or section 203(c). If a jurisdiction is subject to the preclearance requirements of section 5 (see § 55.8(b)), such changes must either be submitted to the Attorney General or be made the subject of a declaratory judgment action in the U.S. District Court for the District of Columbia. Procedures for the administration of section 5 are set forth in part 51 of this chapter. | |||||
| 28:28:2.0.1.1.12.6.1.1 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | F | Subpart F—Sanctions | § 55.23 Enforcement by the Attorney General. | DOJ | [Order No. 655-76, 41 FR 29998, July 20, 1976, as amended by Order No. 3291-2011, 76 FR 54112, Aug. 31, 2011] | (a) The Attorney General is authorized to bring civil actions for appropriate relief against violations of the Act's provisions, including section 4 and section 203. See sections 12(d) and 204. (b) Also, certain violations may be subject to criminal sanctions. See sections 12(a) and (c) and 205. | ||||
| 28:28:2.0.1.1.12.7.1.1 | 28 | Judicial Administration | I | 55 | PART 55—IMPLEMENTATION OF THE PROVISIONS OF THE VOTING RIGHTS ACT REGARDING LANGUAGE MINORITY GROUPS | G | Subpart G—Comment on This Part | § 55.24 Procedure. | DOJ | These guidelines may be modified from time to time on the basis of experience under the Act and comments received from interested parties. The Attorney General therefore invites public comments and suggestions on these guidelines. Any party who wishes to make such suggestions or comments may do so by sending them to: Assistant Attorney General, Civil Rights Division, Department of Justice, Washington, DC 20530. | |||||
| 33:33:1.0.1.2.24.1.1.1 | 33 | Navigation and Navigable Waters | I | B | 55 | PART 55—CHILD DEVELOPMENT SERVICES | A | Subpart A—General | § 55.1 Purpose. | USCG | This subpart implements 46 U.S.C. 515, which provides for Coast Guard Child Development Services. | ||||
| 33:33:1.0.1.2.24.1.1.2 | 33 | Navigation and Navigable Waters | I | B | 55 | PART 55—CHILD DEVELOPMENT SERVICES | A | Subpart A—General | § 55.3 Who is covered by this subpart? | USCG | This subpart applies to all Coast Guard installations. | ||||
| 33:33:1.0.1.2.24.1.1.3 | 33 | Navigation and Navigable Waters | I | B | 55 | PART 55—CHILD DEVELOPMENT SERVICES | A | Subpart A—General | § 55.5 Who is eligible for child development services? | USCG | Coast Guard members and civilian Coast Guard employees are eligible for the child developmental services described in this subpart. As space is available, members of the other Armed Forces and other Federal civilian employees are also eligible. | ||||
| 33:33:1.0.1.2.24.1.1.4 | 33 | Navigation and Navigable Waters | I | B | 55 | PART 55—CHILD DEVELOPMENT SERVICES | A | Subpart A—General | § 55.7 Definitions. | USCG | As used in this subpart— Child development center means a facility located on a Coast Guard installation that offers, on a regularly scheduled basis, developmental services designed to foster social, emotional, physical, creative, and intellectual growth to groups of children. Child development services means developmental services provided at a child development center or by a family child care provider at his or her Coast Guard-owned or -leased home. Coast Guard family child care provider means a Coast Guard family member, 18 years of age or older, who provides child care for 10 hours or more per week per child to one but no more than six children, including the provider's own children under the age of eight, on a regular basis in his or her Coast Guard-owned or -leased housing. Coast Guard family child care services means child care provided on a regularly scheduled basis for 10 hours or more a week by an individual certified by the Coast Guard and who resides in Coast Guard-controlled housing. Command means the Commanding Officer of one or more units of personnel in a limited geographic area with responsibility for a child development center. Family child care means child care provided in the home of a provider, either a Coast Guard family child care provider or a family home day care provider. Family home day care provider means an individual 18 years of age or older who is licensed by the state agency that regulates child care. This person provides child care to one but to no more than six children, including the provider's own children under the age of eight, on a regular basis in his or her residence. Geographic cost of living allowance means the adjustment in basic pay related to higher living costs in certain geographic areas. Total family income means the earned income for adult members of the household including wages, salaries, tips, long-term disability benefits received by a family, incentive and special pay for service or anything else of value, even if not taxable, that was rece… | ||||
| 33:33:1.0.1.2.24.1.1.5 | 33 | Navigation and Navigable Waters | I | B | 55 | PART 55—CHILD DEVELOPMENT SERVICES | A | Subpart A—General | § 55.9 Child development centers. | USCG | (a) The Commandant may make child development services available at child development centers located at Coast Guard installations. (b) Regular and unannounced inspections of each child development center shall be conducted annually by headquarters program personnel, the commanding officer of the sponsoring command, fire personnel, and health and safety personnel. (c) Training programs shall be conducted monthly to ensure that all child development center employees complete a minimum of 20 hours of training annually with respect to early childhood development, activities and disciplinary techniques appropriate to children of different ages, child abuse prevention and detection, and appropriate emergency medical procedures. | ||||
| 33:33:1.0.1.2.24.1.1.6 | 33 | Navigation and Navigable Waters | I | B | 55 | PART 55—CHILD DEVELOPMENT SERVICES | A | Subpart A—General | § 55.11 How are child development center fees established? | USCG | (a) Fees for the provision of services at child development centers shall be set by each Command with responsibility for a center-based program, according to the following total family income chart: Total Family Income $0 to $23,000 $23,001 to $34,000 $34,001 to $44,000 $44,001 to $55,000 Over $55,000 $0 to $23,000 $23,001 to $34,000 $34,001 to $44,000 $44,001 to $55,000 Over $55,000 (b) Fees for the provision of services at Coast Guard child development centers shall be used only for compensation for employees at those centers who are directly involved in providing child care, unless it is uneconomical and inefficient. If uneconomical and inefficient, then the fees may be used for: (1) The purchase of consumable or disposable items for Coast Guard child development centers; and (2) If the requirements of such centers for consumable or disposable items for a given fiscal year have been met, for other expenses of those centers. | ||||
| 33:33:1.0.1.2.24.1.1.7 | 33 | Navigation and Navigable Waters | I | B | 55 | PART 55—CHILD DEVELOPMENT SERVICES | A | Subpart A—General | § 55.13 Family child care providers. | USCG | When appropriated funds are available, funds may be offered to provide assistance to Coast Guard Family Child Care Providers or to family home day care providers so that family child care services can be provided to military members and civilian employees of the Coast Guard, at a cost comparable to the cost of services at Coast Guard child development centers. | ||||
| 40:40:6.0.1.1.3.0.1.1 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.1 Statutory authority and scope. | EPA | Section 328(a)(1) of the Clean Air Act (“the Act”), requires the Environmental Protection Agency (“EPA”) to establish requirements to control air pollution from outer continental shelf (“OCS”) sources in order to attain and maintain Federal and State ambient air quality standards and to comply with the provisions of part C of title I of the Act. This part establishes the air pollution control requirements for OCS sources and the procedures for implementation and enforcement of the requirements, consistent with these stated objectives of section 328(a)(1) of the Act. In implementing, enforcing and revising this rule and in delegating authority hereunder, the Administrator will ensure that there is a rational relationship to the attainment and maintenance of Federal and State ambient air quality standards and the requirements of part C of title I, and that the rule is not used for the purpose of preventing exploration and development of the OCS. | ||||||
| 40:40:6.0.1.1.3.0.1.10 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.10 Fees. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996] | (a) OCS sources located within 25 miles of States' seaward boundaries. (1) The EPA will calculate and collect operating permit fees from OCS sources in accordance with the requirements of 40 CFR part 71. (2) EPA will collect all other fees from OCS sources calculated in accordance with the fee requirements imposed in the COA if the fees are based on regulatory objectives, such as discouraging emissions. If the fee requirements are based on cost recovery objectives, however, EPA will adjust the fees to reflect the costs to EPA to issue permits and administer the permit program. (3) Upon delegation, the delegated agency will collect fees from OCS sources calculated in accordance with the fee requirements imposed in the COA. Upon delegation of authority to implement and enforce any portion of this part, EPA will cease to collect fees imposed in conjunction with that portion. (b) The OCS sources located beyond 25 miles of States' seaward boundaries. The EPA will calculate and collect operating permit fees from OCS sources in accordance with the requirements of 40 CFR part 71. | |||||
| 40:40:6.0.1.1.3.0.1.11 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.11 Delegation. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46409, Sept. 2, 1997] | (a) The Governor or the Governor's designee of any State adjacent to an OCS source subject to the requirements of this part may submit a request, purusant to section 328(a)(3) of the Act, to the Administrator for the authority to implement and enforce the requirements of this OCS program: Within 25 miles of the State's seaward boundary; and/or Beyond 25 miles of the State's seaward boundary. Authority to implement and enforce §§ 55.5, 55.11, and 55.12 of this part will not be delegated. (b) The Administrator will delegate implementation and enforcement authority to a State if the State has an adjacent OCS source and the Administrator determines that the State's regulations are adequate, including a demonstration by the State that the State has: (1) Adopted the appropriate portions of this part into State law; (2) Adequate authority under State law to implement and enforce the requirements of this part. A letter from the State Attorney General shall be required stating that the requesting agency has such authority; (3) Adequate resources to implement and enforce the requirements of this part; and (4) Adequate administrative procedures to implement and enforce the requirements of this part, including public notice and comment procedures. (c) The Administrator will notify in writing the Governor or the Governor's designee of the Administrator's final action on a request for delegation within 6 months of the receipt of the request. (d) If the Administrator finds that the State regulations are adequate, the Administrator will authorize the State to implement and enforce the OCS requirements under State law. If the Administrator finds that only part of the State regulations are adequate, he will authorize the State to implement and enforce only that portion of this part. (e) Upon delegation, a State may use any authority it possesses under State law to enforce any permit condition or any other requirement of this part for which the agency has delegated authority under this part. A State may use any authority it… | |||||
| 40:40:6.0.1.1.3.0.1.12 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.12 Consistency updates. | EPA | (a) The Administrator will update this part as necessary to maintain consistency with the regulations of onshore areas in order to attain and maintain Federal and State ambient standards and comply with part C of title I of the Act. (b) Where an OCS activity is occurring within 25 miles of a State seaward boundary, consistency reviews will occur at least annually. In addition, in accordance with paragraphs (c) and (d) of this section, consistency reviews will occur upon receipt of an NOI and when a State or local agency submits a rule to EPA to be considered for incorporation by reference in this part 55. (1) Upon initiation of a consistency review, the Administrator will evaluate the requirements of part 55 to determine whether they are consistent with the current onshore requirements. (2) If the Administrator finds that part 55 is inconsistent with the requirements in effect in the onshore area, EPA will conduct a notice and comment rulemaking to update part 55 accordingly. (c) Consistency reviews triggered by receipt of an NOI. Upon receipt of an NOI, the Administrator will initiate a consistency review of regulations in the onshore area. (1) If the NOI is submitted by a source for which the COA has previously been assigned, EPA will publish a proposed consistency update in the Federal Register no later than 60 days after the receipt of the NOI, if an update is deemed necessary by the Administrator: (2) If the NOI is submitted by a source requiring a COA designation, EPA will publish a proposed consistency update in the Federal Register, if an update is deemed necessary by the Administrator: (i) No later than 75 days after receipt of the NOI if no adjacent areas submit a request for COA designation and the NOA becomes the COA by default, or (ii) No later than 105 days after receipt of the NOI if an adjacent area submits a request to be designated as COA but fails to submit the required demonstration within 90 days of receipt of the NOI, or (iii) No later than 15 days after the date of the final … | ||||||
| 40:40:6.0.1.1.3.0.1.13 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.13 Federal requirements that apply to OCS sources. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996] | (a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of § 55.14 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply. (b) In applying the requirements incorporated into this section: (1) New Source means new OCS source; and (2) Existing Source means existing OCS source; and (3) Modification means a modification to an OCS source. (4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore sources or to sources within State boundaries shall not apply. (c) 40 CFR part 60 (NSPS) shall apply to OCS sources in the same manner as in the COA, except that any source determined to be an existing source pursuant to § 55.3(e) of this part shall not be considered a “new source” for the purpose of NSPS adopted before December 5, 1991. (d) 40 CFR 52.21 (PSD) shall apply to OCS sources: (1) Located within 25 miles of a State's seaward boundary if the requirements of 40 CFR 52.21 are in effect in the COA; (2) Located beyond 25 miles of States' seaward boundaries. (e) 40 CFR part 61, together with any other provisions promulgated pursuant to section 112 of the Act, shall apply if rationally related to the attainment and maintenance of Federal or State ambient air quality standards or the requirements of part C of title I of the Act. (f) 40 CFR part 71 shall apply to OCS sources: (1) Located within 25 miles of States' seaward boundaries if the requirements of 40 CFR part 71 are in effect in the COA. (2) Located beyond 25 miles of States' seaward boundaries. (3) When an operating permits program approved pursuant to 40 CFR part 70 is in effect in the COA and a Federal operating permit is issued to satisfy an EPA objection pursuant to 40 CFR 71.4(e). (g) The provisions of 40 CFR 52.10, 40 CFR 52.24, and 40 CFR part 51 and accompanying … | |||||
| 40:40:6.0.1.1.3.0.1.14 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.14 Requirements that apply to OCS sources located within 25 miles of States' seaward boundaries, by State. | EPA | [57 FR 40806, Sept. 4, 1992] | (a) The requirements of this section shall apply to OCS sources as set forth below. In the event that a requirement of this section conflicts with an applicable requirement of § 55.13 of this part and a source cannot comply with the requirements of both sections, the more stringent requirement shall apply. (b) In applying the requirements incorporated into this section: (1) New Source means new OCS source; and (2) Existing Source means existing OCS source; and (3) Modification means a modification to an existing OCS source. (4) For requirements adopted prior to promulgation of this part, language in such requirements limiting the applicability of the requirements to onshore sources or to sources within State boundaries shall not apply. (c) During periods of EPA implementation and enforcement of this section, the following shall apply: (1) Any reference to a State or local air pollution control agency or air pollution control officer shall mean EPA or the Administrator, respectively. (2) Any submittal to State or local air pollution control agency shall instead be submitted to the Administrator through the EPA Regional Office. (3) Nothing in this section shall alter or limit EPA's authority to administer or enforce the requirements of this part under Federal law. (4) EPA shall not be bound by any State or local administrative or procedural requirements including, but not limited to, requirements pertaining to hearing boards, permit issuance, public notice procedures, and public hearings. EPA will follow the applicable procedures set forth elsewhere in this part, in 40 CFR part 124, and in Federal rules promulgated pursuant to title V of the Act (as such rules apply in the COA), when administering this section. (5) Only those requirements of 40 CFR part 52 that are rationally related to the attainment and maintenance of Federal or State ambient air quality standards or part C of title I shall apply to OCS sources. (d) Implementation Plan Requirements. (1) [Reserved] (2) Alaska. (i) 40 CFR part… | |||||
| 40:40:6.0.1.1.3.0.1.15 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.15 Specific designation of corresponding onshore areas. | EPA | [58 FR 14159, Mar. 16, 1993] | (a) California. (1) The South Coast Air Quality Management District is designated as the COA for the following OCS facilities: Edith, Ellen, Elly, and Eureka. (2) The Ventura County Air Pollution Control District is designated as the COA for the following OCS facilities: Grace, Gilda, Gail and Gina. (3) The Santa Barbara County Air Pollution Control District is designated as the COA for the following OCS facilities: Habitat, Hacienda, Harmony, Harvest, Heather, Henry, Heritage, Hermosa, Hidalgo, Hillhouse, Hogan, Houchin, Hondo, Irene, Independence (formerly Iris), the OS and T, and Union A, B, and C. (b) [Reserved] | |||||
| 40:40:6.0.1.1.3.0.1.2 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.2 Definitions. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997] | Administrator means the Administrator of the U.S. Environmental Protection Agency. Corresponding Onshore Area (COA) means, with respect to any existing or proposed OCS source located within 25 miles of a State's seaward boundary, the onshore area that is geographically closest to the source or another onshore area that the Administrator designates as the COA, pursuant to § 55.5 of this part. Delegated agency means any agency that has been delegated authority to implement and enforce requirements of this part by the Administrator, pursuant to § 55.11 of this part. It can refer to a State agency, a local agency, or an Indian tribe, depending on the delegation status of the program. Existing source or existing OCS source shall have the meaning given in the applicable requirements incorporated into §§ 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in § 55.3 of this part shall apply for the purpose of determining the required date of compliance with this part. Exploratory source or exploratory OCS source means any OCS source that is a temporary operation conducted for the sole purpose of gathering information. This includes an operation conducted during the exploratory phase to determine the characteristics of the reservoir and formation and may involve the extraction of oil and gas. Modification shall have the meaning given in the applicable requirements incorporated into §§ 55.13 and 55.14 of this part, except that for two years following the date of promulgation of this part the definition given in section 111(a) of the Act shall apply for the purpose of determining the required date of compliance with this part, as set forth in § 55.3 of this part. Nearest Onshore Area (NOA) means, with respect to any existing or proposed OCS source, the onshore area that is geographically closest to that source. New source or new OCS source shall have the meaning given in the applicable requirements of §§ 55.13 and 55.14 of this part, exc… | |||||
| 40:40:6.0.1.1.3.0.1.3 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.3 Applicability. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46408, Sept. 2, 1997] | (a) This part applies to all OCS sources except those located in the Gulf of Mexico west of 87.5 degrees longitude. (b) OCS sources located within 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, which include, but are not limited to, the Federal requirements as set forth in § 55.13 of this part and the Federal, State, and local requirements of the COA (designated pursuant to § 55.5 of this part), as set forth in § 55.14 of this part. (c) The OCS sources located beyond 25 miles of States' seaward boundaries shall be subject to all the requirements of this part, except the requirements of §§ 55.4, 55.5, 55.12 and 55.14 of this part. (d) New OCS sources shall comply with the requirements of this part by September 4, 1992 where a “new OCS source” means an OCS source that is a new source within the meaning of section 111(a) of the Act. (e) Existing sources shall comply with the requirements of this part by September 4, 1994, where an “existing OCS source” means any source that is not a new source within the meaning of section 111(a) of the Act. | |||||
| 40:40:6.0.1.1.3.0.1.4 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.4 Requirements to submit a notice of intent. | EPA | (a) Prior to performing any physical change or change in method of operation that results in an increase in emissions, and not more than 18 months prior to submitting an application for a preconstruction permit, the applicant shall submit a Notice of Intent (“NOI”) to the Administrator through the EPA Regional Office, and at the same time shall submit copies of the NOI to the air pollution control agencies of the NOA and onshore areas adjacent to the NOA. This section applies only to sources located within 25 miles of States' seaward boundaries. (b) The NOI shall include the following: (1) General company information, including company name and address, owner's name and agent, and facility site contact. (2) Facility description in terms of the proposed process and products, including identification by Standard Industrial Classification Code. (3) Estimate of the proposed project's potential emissions of any air pollutant, expressed in total tons per year and in such other terms as may be necessary to determine the applicability of requirements of this part. Potential emissions for the project must include all vessel emissions associated with the proposed project in accordance with the definition of potential emissions in § 55.2 of this part. (4) Description of all emissions points including associated vessels. (5) Estimate of quantity and type of fuels and raw materials to be used. (6) Description of proposed air pollution control equipment. (7) Proposed limitations on source operations or any work practice standards affecting emissions. (8) Other information affecting emissions, including, where applicable, information related to stack parameters (including height, diameter, and plume temperature), flow rates, and equipment and facility dimensions. (9) Such other information as may be necessary to determine the applicability of onshore requirements. (10) Such other information as may be necessary to determine the source's impact in onshore areas. (c) Exploratory sources and modifications to existing s… | ||||||
| 40:40:6.0.1.1.3.0.1.5 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.5 Corresponding onshore area designation. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 25151, May 20, 1996; 81 FR 71630, Oct. 18, 2016] | (a) Proposed exploratory sources. The NOA shall be the COA for exploratory sources located within 25 miles of States' seaward boundaries. Paragraphs (b), (c), and (f) of this section are not applicable to these sources. (b) Requests for designation. (1) The chief executive officer of the air pollution control agency of an area that believes it has more stringent air pollution control requirements than the NOA for a proposed OCS source, may submit a request to be designated as the COA to the Administrator and at the same time shall send copies of the request to the chief executive officer of the NOA and to the proposed source. The request must be received by the Administrator within 60 days of the receipt of the NOI. If no requests are received by the Administrator within 60 days of the receipt of the NOI, the NOA will become the designated COA without further action. (2) No later than 90 days after the receipt of the NOI, a demonstration must be received by the Administrator showing that: (i) The area has more stringent requirements with respect to the control and abatement of air pollution than the NOA; (ii) The emissions from the source are or would be transported to the requesting area; and (iii) The transported emissions would affect the requesting area's efforts to attain or maintain a Federal or State ambient air quality standard or to comply with the requirements of part C of title I of the Act, taking into account the effect of air pollution control requirements that would be imposed if the NOA were designated as the COA. (c) Determination by the Administrator. (1) If no demonstrations are received by the Administrator within 90 days of the receipt of the NOI, the NOA will become the designated COA without further action. (2) If one or more demonstrations are received, the Administrator will issue a preliminary designation of the COA within 150 days of the receipt of the NOI, which shall be followed by a 30 day public comment period, in accordance with paragraph (f) of this section. (3) The … | |||||
| 40:40:6.0.1.1.3.0.1.6 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.6 Permit requirements. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 61 FR 34228, July 1, 1996; 62 FR 46409, Sept. 2, 1997; 81 FR 71630, Oct. 18, 2016] | (a) General provisions —(1) Permit applications. (i) The owner or operator of an OCS source shall submit to the Administrator or delegated agency all information necessary to perform any analysis or make any determination required under this section. (ii) Any application submitted pursuant to this part by an OCS source shall include a description of all the requirements of this part and a description of how the source will comply with the applicable requirements. For identification purposes only, the application shall include a description of those requirements that have been proposed by EPA for incorporation into this part and that the applicant believes, after diligent research and inquiry, apply to the source. (2) Exemptions. (i) When an applicant submits any approval to construct or permit to operate application to the Administrator or delegated agency it shall include a request for exemption from compliance with any pollution control technology requirement that the applicant believes is technically infeasible or will cause an unreasonable threat to health and safety. The Administrator or delegated agency shall act on the request for exemption in accordance with the procedures established in § 55.7 of this part. (ii) A final permit shall not be issued under this part until a final determination is made on any exemption request, including those appealed to the Administrator in accordance with § 55.7 of this part. (3) Administrative procedures and public participation. The Administrator will follow the applicable procedures of 40 CFR part 71 or 40 CFR part 124 in processing applications under this part. When using 40 CFR part 124, the Administrator will follow the procedures used to issue Prevention of Significant Deterioration (“PSD”) permits. (4) Source obligation. (i) Any owner or operator who constructs or operates an OCS source not in accordance with the application submitted pursuant to this part 55, or with any approval to construct or permit to operate, or any owner or operator of a source… | |||||
| 40:40:6.0.1.1.3.0.1.7 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.7 Exemptions. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 81 FR 71630, Oct. 18, 2016] | (a) Authority and criteria. The Administrator or the delegated agency may exempt a source from a control technology requirement of this part if the Administrator or the delegated agency finds that compliance with the control technology requirement is technically infeasible or will cause an unreasonable threat to health and safety. (b) Request for an exemption —(1) Permit application required. An applicant shall submit a request for an exemption from a control technology requirement at the same time as the applicant submits a preconstruction or operating permit application to the Administrator or delegated agency. (2) No permit application required. If no permit or permit modification is required, a request for an exemption must be received by the Administrator or delegated agency within 60 days from the date the control technology requirement is promulgated by EPA. (3) Compliance plan. An existing source that submits a compliance plan in accordance with § 55.6(b) of this part shall submit all requests for exemptions at the same time as the compliance plan. For the purpose of applying § 55.7 of this part, a request submitted with a compliance plan shall be treated in the same manner as a request that does not require a permit application. (4) Content of request. (i) The request shall include information that demonstrates that compliance with a control technology requirement of this part would be technically infeasible or would cause an unreasonable threat to health and safety. (ii) The request shall include a proposed substitute requirement(s) as close in stringency to the original requirement as possible. (iii) The request shall include an estimate of emission reductions that would be achieved by compliance with the original requirement, an estimate of emission reductions that would be achieved by compliance with the proposed substitute requirement(s) and an estimate of residual emissions. (iv) The request shall identify emission reductions of a sufficient quantity to offset the estimated residu… | |||||
| 40:40:6.0.1.1.3.0.1.8 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.8 Monitoring, reporting, inspections, and compliance. | EPA | [57 FR 40806, Sept. 4, 1992, as amended at 58 FR 16626, Mar. 30, 1993] | (a) The Administrator may require monitoring or reporting and may authorize inspections pursuant to section 114 of the Act and the regulations thereunder. Sources shall also be subject to the requirements set forth in §§ 55.13 and 55.14 of this part. (b) All monitoring, reporting, inspection and compliance requirements authorized under the Act shall apply. (c) An existing OCS source that is not required to obtain a permit to operate within 24 months of the date of promulgation of this part shall submit a compliance report to the Administrator or delegated agency within 25 months of promulgation of this part. The compliance report shall specify all the applicable OCS requirements of this part and a description of how the source has complied with these requirements. (d) The Administrator or the delegated agency shall consult with the Minerals Management Service and the U.S. Coast Guard prior to inspections. This shall in no way interfere with the ability of EPA or the delegated agency to conduct unannounced inspections. | |||||
| 40:40:6.0.1.1.3.0.1.9 | 40 | Protection of Environment | I | C | 55 | PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS | § 55.9 Enforcement. | EPA | (a) OCS sources shall comply with all requirements of this part and all permits issued pursuant to this part. Failure to do so shall be considered a violation of section 111(e) of the Act. (b) All enforcement provisions of the Act, including, but not limited to, the provisions of sections 113, 114, 120, 303 and 304 of the Act, shall apply to OCS sources. (c) If a facility is ordered to cease operation of any piece of equipment due to enforcement action taken by EPA or a delegated agency pursuant to this part, the shutdown will be coordinated by the enforcing agency with the Minerals Management Service and the U.S. Coast Guard to assure that the shutdown will proceed in a safe manner. No shutdown action will occur until after consultation with these agencies, but in no case will initiation of the shutdown be delayed by more than 24 hours. |
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