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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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| 10:10:2.0.1.1.7.1.90.1 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.1 Purpose and scope. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 56 FR 40690, Aug. 15, 1991; 63 FR 1898, Jan. 13, 1998; 66 FR 55791, Nov. 2, 2001] | (a) The regulations in this part establish, for land disposal of radioactive waste, the procedures, criteria, and terms and conditions upon which the Commission issues licenses for the disposal of radioactive wastes containing byproduct, source and special nuclear material received from other persons. Disposal of waste by an individual licensee is set forth in part 20 of this chapter. Applicability of the requirements in this part to Commission licenses for waste disposal facilities in effect on the effective date of this rule will be determined on a case-by-case basis and implemented through terms and conditions of the license or by orders issued by the Commission. (b) Except as provided in part 150 of this chapter, which addresses assumption of certain regulatory authority by Agreement States, and § 61.6 “Exemptions,” the regulations in this part apply to all persons in the United States. The regulations in this part do not apply to— (1) Disposal of high-level waste as provided for in part 60 or 63 of this chapter; (2) Disposal of uranium or thorium tailings or wastes (byproduct material as defined in § 40.4 (a-1) as provided for in part 40 of this chapter in quantities greater than 10,000 kilograms and containing more than 5 millicuries of radium-226; or (3) Disposal of licensed material as provided for in part 20 of this chapter. (c) This part also gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of § 61.9b. | ||||
| 10:10:2.0.1.1.7.1.90.10 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.9a Completeness and accuracy of information. | NRC | [52 FR 49372, Dec. 31, 1987] | (a) 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. (b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements. | ||||
| 10:10:2.0.1.1.7.1.90.11 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.9b Deliberate misconduct. | NRC | [63 FR 1898, Jan. 13, 1998] | (a) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not: (1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or (2) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. (b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B. (c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: (1) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor. | ||||
| 10:10:2.0.1.1.7.1.90.2 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.2 Definitions. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 54 FR 22583, May 25, 1989; 58 FR 33891, June 22, 1993; 66 FR 55792, Nov. 2, 2001; 72 FR 55933, Oct. 1, 2007; 73 FR 5725, Jan. 31, 2008; 79 FR 75740, Dec. 19, 2014; 82 FR 52825, Nov. 15, 2017] | As used in this part: Active maintenance means any significant remedial activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in §§ 61.41 and 61.42 are met. Such active maintenance includes ongoing activities such as the pumping and treatment of water from a disposal unit or one-time measures such as replacement of a disposal unit cover. Active maintenance does not include custodial activities such as repair of fencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep such as mowing grass. Buffer zone is a portion of the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the site. Chelating agent means amine polycarboxylic acids (e.g., EDTA, DTPA), hydroxy-carboxylic acids, and polycarboxylic acids (e.g., citric acid, carbolic acid, and glucinic acid). Commencement of construction means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a land disposal facility. The term does not mean disposal site exploration, necessary roads for disposal site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the disposal site or the protection of environmental values. Commission means the Nuclear Regulatory Commission or its duly authorized representatives. Custodial Agency means an agency of the government designated to act on behalf of the government owner of the disposal site. Director means the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission. Disposal means the isolation of radioactive wastes from the biosphere inhabited by man and containing his food chains by emplacement in a land disposal facility. Disposal site m… | ||||
| 10:10:2.0.1.1.7.1.90.3 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.3 License required. | NRC | (a) No person may receive, possess, and dispose of radioactive waste containing source, special nuclear, or byproduct material at a land disposal facility unless authorized by a license issued by the Commission pursuant to this part, or unless exemption has been granted by the Commission under § 61.6 of this part. (b) Each person shall file an application with the Commission and obtain a license as provided in this part before commencing construction of a land disposal facility. Failure to comply with this requirement may be grounds for denial of a license. | |||||
| 10:10:2.0.1.1.7.1.90.4 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.4 Communications. | NRC | [73 FR 5725, Jan. 31, 2008, as amended at 74 FR 62683, Dec. 1, 2009; 79 FR 75740, Dec. 19, 2014; 80 FR 74980, Dec. 1, 2015] | Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's Offices at 11555 Rockville Pike, Rockville, Maryland; or, 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. | ||||
| 10:10:2.0.1.1.7.1.90.5 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.5 Interpretations. | NRC | [47 FR 57463, Dec. 27, 1982, 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 considered 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. | ||||
| 10:10:2.0.1.1.7.1.90.6 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.6 Exemptions. | NRC | The Commission may, upon application by any interested person, or upon its own initiative, grant any exemption from the requirements of the regulations in this part as it determines is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. | |||||
| 10:10:2.0.1.1.7.1.90.7 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.7 Concepts. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 58 FR 33891, June 22, 1993] | (a) The disposal facility. (1) Part 61 is intended to apply to land disposal of radioactive waste and not to other methods such as sea or extraterrestrial disposal. Part 61 contains procedural requirements and performance objectives applicable to any method of land disposal. It contains specific technical requirements for near-surface disposal of radioactive waste, a subset of land disposal, which involves disposal in the uppermost portion of the earth, approximately 30 meters. Near-surface disposal includes disposal in engineered facilities which may be built totally or partially above-grade provided that such facilities have protective earthen covers. Near-surface disposal does not include disposal facilities which are partially or fully above-grade with no protective earthen cover, which are referred to as “above-ground disposal.” Burial deeper than 30 meters may also be satisfactory. Technical requirements for alternative methods may be added in the future. (2) Near-surface disposal of radioactive waste takes place at a near-surface disposal facility, which includes all of the land and buildings necessary to carry out the disposal. The disposal site is that portion of the facility which is used for disposal of waste and consists of disposal units and a buffer zone. A disposal unit is a discrete portion of the disposal site into which waste is placed for disposal. For near-surface disposal, the disposal unit is usually a trench. A buffer zone is a portion of the disposal site that is controlled by the licensee and that lies under the site and between the boundary of the disposal site and any disposal unit. It provides controlled space to establish monitoring locations which are intended to provide an early warning of radionuclide movement, and to take mitigative measures if needed. In choosing a disposal site, site characteristics should be considered in terms of the indefinite future and evaluated for at least a 500-year timeframe. (b) Waste classification and near-surface disposal. (1) Disposal of radi… | ||||
| 10:10:2.0.1.1.7.1.90.8 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.8 Information collection requirements: OMB approval. | NRC | [58 FR 33891, June 22, 1993, as amended at 62 FR 52188, Oct. 6, 1997; 73 FR 78606, Dec. 23, 2008; 85 FR 65663, Oct. 16, 2020] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may 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 3150-0135. (b) The approved information collection requirements contained in this Part appear in §§ 61.3, 61.6, 61.9, 61.10, 61.11, 61.12, 61.13, 61.14, 61.15, 61.16, 61.20, 61.22, 61.24, 61.26, 61.27, 61.28, 61.30, 61.31, 61.32, 61.53, 61.55, 61.57, 61.58, 61.61, 61.62, 61.63, 61.72, and 61.80. (c) In § 61.32, IAEA Design Information Questionnaire forms IAEA Design Information Questionnaire forms are approved under control number 3150-0056, and DOC/NRC Forms AP-1, AP-A, and associated forms are approved under control numbers 0694-0135. | ||||
| 10:10:2.0.1.1.7.1.90.9 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | A | Subpart A—General Provisions | § 61.9 Employee protection. | NRC | [58 FR 52412, Oct. 8, 1993, as amended at 60 FR 24552, May 9, 1995; 61 FR 6765, Feb. 22, 1996; 68 FR 58814, Oct. 10, 2003; 72 FR 63974, Nov. 14, 2007; 73 FR 30459, May 28, 2008; 79 FR 66605, Nov. 10, 2014] | (a) Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act. (1) The protected activities include but are not limited to: (i) Providing the Commission or his or her employer information about alleged violations of either of the statutes named in paragraph (a) introductory text of the section or possible violations of requirements imposed under either of those statutes; (ii) Refusing to engage in any practice made unlawful under either of the statutes named in paragraph (a) introductory text or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the statutes named in paragraph (a) introductory text. (v) Assisting or participating in, or is about to assist or participate in, these activities. (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation. (3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as am… | ||||
| 10:10:2.0.1.1.7.2.90.1 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.10 Content of application. | NRC | [49 FR 9405, Mar. 12, 1984] | An application to receive from others, possess and dispose of wastes containing or contaminated with source, byproduct or special nuclear material by land disposal must consist of general information, specific technical information, institutional information, and financial information as set forth in §§ 61.11 through 61.16. An environmental report prepared in accordance with subpart A of part 51 of this chapter must accompany the application. | ||||
| 10:10:2.0.1.1.7.2.90.10 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.22 Updating of application. | NRC | [49 FR 9405, Mar. 12, 1984] | (a) The application must be as complete as possible in the light of information that is available at the time of submittal. (b) The applicant shall supplement its application in a timely manner, as necessary, to permit the Commission to review, prior to issuance of a license, any changes in the activities proposed to be carried out or new information regarding the proposed activities. | ||||
| 10:10:2.0.1.1.7.2.90.11 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.23 Standards for issuance of a license. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 49 FR 9405, Mar. 12, 1984] | A license for the receipt, possession, and disposal of waste containing or contaminated with source, special nuclear, or byproduct material will be issued by the Commission upon finding that the issuance of the license will not be inimical to the common defense and security and will not constitute an unreasonable risk to the health and safety of the public, and: (a) The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and minimizes danger to life or property. (b) The applicant's proposed disposal site, disposal design, land disposal facility operations (including equipment, facilities, and procedures), disposal site closure, and postclosure institutional control are adequate to protect the public health and safety in that they provide reasonable assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in § 61.41, Protection of the general population from releases of radioactivity. (c) The applicant's proposed disposal site, disposal site design, land disposal facility operations (including equipment, facilities, and procedures), disposal site closure, and postclosure institutional control are adequate to protect the public health and safety in that they will provide reasonable assurance that individual inadvertent intruders are protected in accordance with the performance objective in § 61.42, Protection of individuals from inadvertent intrusion. (d) The applicant's proposed land disposal facility operations, including equipment, facilities, and procedures, are adequate to protect the public health and safety in that they will provide reasonable assurance that the standards for radiation protection set out in part 20 of this chapter will be met. (e) The applicant's proposed disposal site, disposal site design, land disposal facility operations, disposal site closure, and postclosure institutional control are adequate to protect the public health an… | ||||
| 10:10:2.0.1.1.7.2.90.12 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.24 Conditions of licenses. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 52 FR 1295, Jan. 12, 1987] | (a) A license issued under this part, or any right thereunder, may be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, only if the Commission finds, after securing full information, that the transfer is in accordance with the provisions of the Atomic Energy Act and gives its consent in writing in the form of a license amendment. (b) The licensee shall submit written statements under oath upon request of the Commission, at any time before termination of the license, to enable the Commission to determine whether or not the license should be modified, suspended, or revoked. (c) The license will be transferred to the site owner only on the full implementation of the final closure plan as approved by the Commission, including post-closure observation and maintenance. (d) The licensee shall be subject to the provisions of the Atomic Energy Act now or hereafter in effect, and to all rules, regulations, and orders of the Commission. The terms and conditions of the license are subject to amendment, revision, or modification, by reason of amendments to, or by reason of rules, regulations, and orders issued in accordance with the terms of the Atomic Energy Act. (e) Any license may be revoked, suspended or modified in whole or in part for any material false statement in the application or any statement of fact required under Section 182 of the Act, or because of conditions revealed by any application or statement of fact or any report, record, or inspection or other means which would warrant the Commission to refuse to grant a license to the original application, or for failure to operate the facility in accordance with the terms of the license, or for any violation of, or failure to observe any of the terms and conditions of the Act, or any rule, regulation, license or order of the Commission. (f) Each person licensed by the Commission pursuant to the regulations in this part shall confine possessi… | ||||
| 10:10:2.0.1.1.7.2.90.13 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.25 Changes. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 77 FR 46600, Aug. 3, 2012] | (a) Except as provided for in specific license conditions, the licensee shall not make changes in the land disposal facility or procedures described in the license application. The license will include conditions restricting subsequent changes to the facility and the procedures authorized which are important to public health and safety. These license restrictions will fall into three categories of descending importance to public health and safety as follows: (1) those features and procedures which may not be changed without (i) 60 days prior notice to the Commission, (ii) 30 days notice of opportunity for a prior hearing, and (iii) prior Commission approval; (2) those features and procedures which may not be changed without (i) 60 days prior notice to the Commisson, and (ii) prior Commission approval; and (3) those features and procedures which may not be changed without 60 days prior notice to the Commission. Features and procedures falling in paragraph (a)(3) of this section may not be changed without prior Commission approval if the Commission, after having received the required notice, so orders. (b) Amendments authorizing site closure, license transfer, or license termination shall be included in paragraph (a)(1) of this section. (c) The Commission shall provide a copy of the notices of opportunity for hearing provided in paragraph (a)(1) of this section to State and local officials or tribal governing bodies specified in § 2.104(c) of this chapter. | ||||
| 10:10:2.0.1.1.7.2.90.14 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.26 Amendment of license. | NRC | (a) An application for amendment of a license must be filed in accordance with § 61.20 and shall fully describe the changes desired. (b) In determining whether an amendment to a license will be approved, the Commission will apply the criteria set forth in § 61.23. | |||||
| 10:10:2.0.1.1.7.2.90.15 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.27 Application for renewal or closure. | NRC | (a) Any expiration date on a license applies only to the above ground activities and to the authority to dispose of waste. Failure to renew the license shall not relieve the licensee of responsibility for carrying out site closure, postclosure observation and transfer of the license to the site owner. An application for renewal or an application for closure under § 61.28 must be filed at least 30 days prior to license expiration. (b) Applications for renewal of a license must be filed in accordance with §§ 61.10 through 61.16 and § 61.20. Applications for closure must be filed in accordance with §§ 61.20 and 61.28. Information contained in previous applications, statements or reports filed with the Commission under the license may be incorporated by reference if the references are clear and specific. (c) In any case in which a licensee has timely filed an application for renewal of a license, the license for continued receipt and disposal of licensed materials does not expire until the Commission has taken final action on the application for renewal. (d) In determining whether a license will be renewed, the Commission will apply the criteria set forth in § 61.23. | |||||
| 10:10:2.0.1.1.7.2.90.16 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.28 Contents of application for closure. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 49 FR 9406, Mar. 12, 1984] | (a) Prior to final closure of the disposal site, or as otherwise directed by the Commission, the applicant shall submit an application to amend the license for closure. This closure application must include a final revision and specific details of the disposal site closure plan included as part of the license application submitted under § 61.12(g) that includes each of the following: (1) Any additional geologic, hydrologic, or other disposal site data pertinent to the long-term containment of emplaced radioactive wastes obtained during the operational period. (2) The results of tests, experiments, or any other analyses relating to backfill of excavated areas, closure and sealing, waste migration and interaction with emplacement media, or any other tests, experiments, or analysis pertinent to the long-term containment of emplaced waste within the disposal site. (3) Any proposed revision of plans for: (i) Decontamination and/or dismantlement of surface facilities; (ii) Backfilling of excavated areas; or (iii) Stabilization of the disposal site for post-closure care. (b) An environmental report or a supplement to an environmental report prepared in accordance with subpart A of part 51 of this chapter must accompany the application. (c) Upon review and consideration of an application to amend the license for closure submitted in accordance with paragraph (a) of this section, the Commission shall issue an amendment authorizing closure if there is reasonable assurance that the long-term performance objectives of subpart C of this part will be met. | ||||
| 10:10:2.0.1.1.7.2.90.17 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.29 Post-closure observation and maintenance. | NRC | Following completion of closure authorized in § 61.28, the licensee shall observe, monitor, and carry out necessary maintenance and repairs at the disposal site until the license is transferred by the Commission in accordance with § 61.30. Responsibility for the disposal site must be maintained by the licensee for 5 years. A shorter or longer time period for post-closure observation and maintenance may be established and approved as part of the site closure plan, based on site-specific conditions. | |||||
| 10:10:2.0.1.1.7.2.90.18 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.30 Transfer of license. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 61 FR 24674, May 16, 1996] | (a) Following closure and the period of post-closure observation and maintenance, the licensee may apply for an amendment to transfer the license to the disposal site owner. The license shall be transferred when the Commission finds: (1) That the closure of the disposal site has been made in conformance with the licensee's disposal site closure plan, as amended and approved as part of the license; (2) That reasonable assurance has been provided by the licensee that the performance objectives of subpart C of this part are met; (3) That any funds for care and records required by § 61.80 (e) and (f) have been transferred to the disposal site owner; (4) That the post-closure monitoring program is operational for implementation by the disposal site owner; and (5) That the Federal or State government agency which will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional requirements found necessary under § 61.23(g) will be met. | ||||
| 10:10:2.0.1.1.7.2.90.19 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.31 Termination of license. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 61 FR 24674, May 16, 1996] | (a) Following any period of institutional control needed to meet the requirements found necessary under § 61.23, the licensee may apply for an amendment to terminate the license. (b) This application must be filed, and will be reviewed, in accordance with the provision of § 61.20 and of this section. (c) A license is terminated only when the Commission finds: (1) That the institutional control requirements found necessary under § 61.23(g) have been met; and (2) That any additional requirements resulting from new information developed during the institutional control period have been met, and that permanent monuments or markers warning against intrusion have been installed. (3) That the records required by § 61.80 (e) and (f) have been sent to the party responsible for institutional control of the disposal site and a copy has been sent to the Commission immediately prior to license termination. | ||||
| 10:10:2.0.1.1.7.2.90.2 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.11 General information. | NRC | The general information must include each of the following: (a) Identity of the applicant including: (1) The full name, address, telephone number and description of the business or occupation of the applicant; (2) If the applicant is a partnership, the name, and address of each partner and the principal location where the partnership does business; (3) If the applicant is a corporation or an unincorporated association, (i) the state where it is incorporated or organized and the principal location where it does business, and (ii) the names and addresses of its directors and principal officers; and (4) If the applicant is acting as an agent or representative of another person in filing the application, all information required under this paragraph must be supplied with respect to the other person. (b) Qualifications of the applicant: (1) The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise; (2) The technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. Minimum training and experience requirements for personnel filling key positions described in paragraph (b)(1) of this section must be provided; (3) A description of the applicant's personnel training program; and (4) The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal operations in a safe manner. (c) A description of: (1) The location of the proposed disposal site; (2) The general character of the proposed activities; (3) The types and quantities of radioactive waste to be received, possessed, and disposed of; (4) Plans for use of the land disposal facility for purposes other than disposal of radioactive wastes; and (5) The proposed facilities and equipment. (d) Proposed schedules for construction, receipt o… | |||||
| 10:10:2.0.1.1.7.2.90.20 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.32 Facility information and verification. | NRC | [73 FR 78606, Dec. 23, 2008, as amended at 85 FR 65663, Oct. 16, 2020] ] | (a) In response to a written request by the Commission, each applicant for a license and each recipient of a license shall submit facility information, as described in § 75.10 of this chapter, on IAEA Design Information Questionnaire forms and site information on DOC/NRC Form AP-A, and associated forms; (b) As required by the Additional Protocol, applicants and licensees specified in paragraph (a) of this section shall submit location information described in § 75.11 of this chapter on DOC/NRC Form AP-1 and associated forms; and (c) Shall permit verification thereof by the International Atomic Energy Agency (IAEA) and take other action as necessary to implement the US/IAEA Safeguards Agreement, as described in Part 75 of this chapter. | ||||
| 10:10:2.0.1.1.7.2.90.3 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.12 Specific technical information. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 58 FR 33891, June 22, 1993; 60 FR 15666, Mar. 27, 1995] | The specific technical information must include the following information needed for demonstration that the performance objectives of subpart C of this part and the applicable technical requirements of subpart D of this part will be met: (a) A description of the natural and demographic disposal site characteristics as determined by disposal site selection and characterization activities. The description must include geologic, geotechnical, hydrologic, meteorologic, climatologic, and biotic features of the disposal site and vicinity. (b) A description of the design features of the land disposal facility and the disposal units. For near-surface disposal, the description must include those design features related to infiltration of water; integrity of covers for disposal units; structural stability of backfill, wastes, and covers; contact of wastes with standing water; disposal site drainage; disposal site closure and stabilization; elimination to the extent practicable of long-term disposal site maintenance; inadvertent intrusion; occupational exposures; disposal site monitoring; and adequacy of the size of the buffer zone for monitoring and potential mitigative measures. (c) A description of the principal design criteria and their relationship to the performance objectives. (d) A description of the design basis natural events or phenomena and their relationship to the principal design criteria. (e) A description of codes and standards which the applicant has applied to the design and which will apply to construction of the land disposal facilities. (f) A description of the construction and operation of the land disposal facility. The description must include as a minimum the methods of construction of disposal units; waste emplacement; the procedures for and areas of waste segregation; types of intruder barriers; onsite traffic and drainage systems; survey control program; methods and areas of waste storage; and methods to control surface water and groundwater access to the wastes. The description must also … | ||||
| 10:10:2.0.1.1.7.2.90.4 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.13 Technical analyses. | NRC | The specific technical information must also include the following analyses needed to demonstrate that the performance objectives of subpart C of this part will be met: (a) Pathways analyzed in demonstrating protection of the general population from releases of radioactivity must include air, soil, groundwater, surface water, plant uptake, and exhumation by burrowing animals. The analyses must clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses must clearly demonstrate that there is reasonable assurance that the exposure to humans from the release of radioactivity will not exceed the limits set forth in § 61.41. (b) Analyses of the protection of individuals from inadvertent intrusion must include demonstration that there is reasonable assurance the waste classification and segregation requirements will be met and that adequate barriers to inadvertent intrusion will be provided. (c) Analyses of the protection of individuals during operations must include assessments of expected exposures due to routine operations and likely accidents during handling, storage, and disposal of waste. The analyses must provide reasonable assurance that exposures will be controlled to meet the requirements of part 20 of this chapter. (d) Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance after closure must be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses must provide reasonable assurance that there will not be a need for ongoing active maintenance of the disposal site following closure. | |||||
| 10:10:2.0.1.1.7.2.90.5 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.14 Institutional information. | NRC | The institutional information must include: (a) A certification by the Federal or State government which owns the disposal site that the Federal or State government is prepared to accept transfer of the license when the provisions of § 61.30 are met, and will assume responsibility for custodial care after site closure and postclosure observation and maintenance. (b) Where the proposed disposal site is on land not owned by the Federal or a State government, the applicant must submit evidence that arrangements have been made for assumption of ownership in fee by the Federal or a State government before the Commission issues a license. | |||||
| 10:10:2.0.1.1.7.2.90.6 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.15 Financial information. | NRC | The financial information must be sufficient to demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet other financial assurance requirements as specified in subpart E of this part. | |||||
| 10:10:2.0.1.1.7.2.90.7 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.16 Other information. | NRC | Depending upon the nature of the wastes to be disposed of, and the design and proposed operation of the land disposal facility, additional information may be requested by the Commission including the following: (a) Physical security measures, if appropriate. Any application to receive and possess special nuclear material in quantities subject to the requirements of part 73 of this chapter shall demonstrate how the physical security requirements of part 73 will be met. In determining whether receipt and possession will be subject to the requirements of part 73, the applicant shall not consider the quantity of special nuclear material that has been disposed of. (b) Safety information concerning criticality, if appropriate. (1) Any application to receive and possess special nuclear material in quantities that would be subject to the requirements of § 70.24, “Criticality accident requirements” of part 70 of this chapter shall demonstrate how the requirements of that section will be met, unless the applicant requests an exemption pursuant to § 70.24(d). In determining whether receipt and possession would be subject to the requirements of § 70.24, the applicant shall not consider the quantity of special nuclear material that has been disposed of. (2) Any application to receive and possess special nuclear material shall describe proposed procedures for avoiding accidental criticality, which address both storage of special nuclear material prior to disposal and waste emplacement for disposal. | |||||
| 10:10:2.0.1.1.7.2.90.8 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.20 Filing and distribution of application. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 49 FR 9405, Mar. 12, 1984; 68 FR 58814, Oct. 10, 2003] | (a) An application for a license under this part, and any amendments thereto, must be filed with the Director, must be signed by the applicant or the applicant's authorized representative under oath or affirmation, and, if the document is in paper form, must be the signed original. (b) The applicant shall maintain the capability to generate additional copies of the application for distribution in accordance with written instructions from the Director or the Director's designee. (c) Fees. Application, amendment, and inspection fees applicable to a license covering the receipt and disposal of radioactive wastes in a land disposal facility are required by part 170 of this chapter. | ||||
| 10:10:2.0.1.1.7.2.90.9 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | B | Subpart B—Licenses | § 61.21 Elimination of repetition. | NRC | [49 FR 9405, Mar. 12, 1984] | In its application, the applicant may incorporate by reference information contained in previous applications, statements, or reports filed with the Commission if these references are clear and specific. | ||||
| 10:10:2.0.1.1.7.3.91.1 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | C | Subpart C—Performance Objectives | § 61.40 General requirement. | NRC | Land disposal facilities must be sited, designed, operated, closed, and controlled after closure so that reasonable assurance exists that exposures to humans are within the limits established in the performance objectives in §§ 61.41 through 61.44. | |||||
| 10:10:2.0.1.1.7.3.91.2 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | C | Subpart C—Performance Objectives | § 61.41 Protection of the general population from releases of radioactivity. | NRC | Concentrations of radioactive material which may be released to the general environment in groundwater, surface water, air, soil, plants, or animals must not result in an annual dose exceeding an equivalent of 25 millirems to the whole body, 75 millirems to the thyroid, and 25 millirems to any other organ of any member of the public. Reasonable effort should be made to maintain releases of radioactivity in effluents to the general environment as low as is reasonably achievable. | |||||
| 10:10:2.0.1.1.7.3.91.3 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | C | Subpart C—Performance Objectives | § 61.42 Protection of individuals from inadvertent intrusion. | NRC | Design, operation, and closure of the land disposal facility must ensure protection of any individual inadvertently intruding into the disposal site and occupying the site or contacting the waste at any time after active institutional controls over the disposal site are removed. | |||||
| 10:10:2.0.1.1.7.3.91.4 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | C | Subpart C—Performance Objectives | § 61.43 Protection of individuals during operations. | NRC | Operations at the land disposal facility must be conducted in compliance with the standards for radiation protection set out in part 20 of this chapter, except for releases of radioactivity in effluents from the land disposal facility, which shall be governed by § 61.41 of this part. Every reasonable effort shall be made to maintain radiation exposures as low as is reasonably achievable. | |||||
| 10:10:2.0.1.1.7.3.91.5 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | C | Subpart C—Performance Objectives | § 61.44 Stability of the disposal site after closure. | NRC | The disposal facility must be sited, designed, used, operated, and closed to achieve long-term stability of the disposal site and to eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring, or minor custodial care are required. | |||||
| 10:10:2.0.1.1.7.4.91.1 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.50 Disposal site suitability requirements for land disposal. | NRC | (a) Disposal site suitability for near-surface disposal. (1) The purpose of this section is to specify the minimum characteristics a disposal site must have to be acceptable for use as a near-surface disposal facility. The primary emphasis in disposal site suitability is given to isolation of wastes, a matter having long-term impacts, and to disposal site features that ensure that the long-term performance objectives of subpart C of this part are met, as opposed to short-term convenience or benefits. (2) The disposal site shall be capable of being characterized, modeled, analyzed and monitored. (3) Within the region or state where the facility is to be located, a disposal site should be selected so that projected population growth and future developments are not likely to affect the ability of the disposal facility to meet the performance objectives of subpart C of this part. (4) Areas must be avoided having known natural resources which, if exploited, would result in failure to meet the performance objectives of subpart C of this part. (5) The disposal site must be generally well drained and free of areas of flooding or frequent ponding. Waste disposal shall not take place in a 100-year flood plain, coastal high-hazard area or wetland, as defined in Executive Order 11988, “Floodplain Management Guidelines.” (6) Upstream drainage areas must be minimized to decrease the amount of runoff which could erode or inundate waste disposal units. (7) The disposal site must provide sufficient depth to the water table that groundwater intrusion, perennial or otherwise, into the waste will not occur. The Commission will consider an exception to this requirement to allow disposal below the water table if it can be conclusively shown that disposal site characteristics will result in molecular diffusion being the predominant means of radionuclide movement and the rate of movement will result in the performance objectives of subpart C of this part being met. In no case will waste disposal be permitted in the zone of fluct… | |||||
| 10:10:2.0.1.1.7.4.91.10 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.59 Institutional requirements. | NRC | (a) Land ownership. Disposal of radioactive waste received from other persons may be permitted only on land owned in fee by the Federal or a State government. (b) Institutional control. The land owner or custodial agency shall carry out an institutional control program to physically control access to the disposal site following transfer of control of the disposal site from the disposal site operator. The institutional control program must also include, but not be limited to, carrying out an environmental monitoring program at the disposal site, periodic surveillance, minor custodial care, and other requirements as determined by the Commission; and administration of funds to cover the costs for these activities. The period of institutional controls will be determined by the Commission, but institutional controls may not be relied upon for more than 100 years following transfer of control of the disposal site to the owner. | |||||
| 10:10:2.0.1.1.7.4.91.2 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.51 Disposal site design for land disposal. | NRC | (a) Disposal site design for near-surface disposal. (1) Site design features must be directed toward long-term isolation and avoidance of the need for continuing active maintenance after site closure. (2) The disposal site design and operation must be compatible with the disposal site closure and stabilization plan and lead to disposal site closure that provides reasonable assurance that the performance objectives of subpart C of this part will be met. (3) The disposal site must be designed to complement and improve, where appropriate, the ability of the disposal site's natural characteristics to assure that the performance objectives of subpart C of this part will be met. (4) Covers must be designed to minimize to the extent practicable water infiltration, to direct percolating or surface water away from the disposed waste, and to resist degradation by surface geologic processes and biotic activity. (5) Surface features must direct surface water drainage away from disposal units at velocities and gradients which will not result in erosion that will require ongoing active maintenance in the future. (6) The disposal site must be designed to minimize to the extent practicable the contact of water with waste during storage, the contact of standing water with waste during disposal, and the contact of percolating or standing water with wastes after disposal. (b) Disposal site design for other than near-surface disposal. [Reserved] | |||||
| 10:10:2.0.1.1.7.4.91.3 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.52 Land disposal facility operation and disposal site closure. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 56 FR 23474, May 21, 1991; 56 FR 61352, Dec. 3, 1991; 58 FR 67662, Dec. 22, 1993] | (a) Near-surface disposal facility operation and disposal site closure. (1) Wastes designated as Class A pursuant to § 61.55, must be segregated from other wastes by placing in disposal units which are sufficiently separated from disposal units for the other waste classes so that any interaction between Class A wastes and other wastes will not result in the failure to meet the performance objectives in subpart C of this Part. This segregation is not necessary for Class A wastes if they meet the stability requirements in § 61.56(b) of this part. (2) Wastes designated as Class C pursuant to § 61.55, must be disposed of so that the top of the waste is a minimum of 5 meters below the top surface of the cover or must be disposed of with intruder barriers that are designed to protect against an inadvertent intrusion for a least 500 years. (3) All wastes shall be disposed of in accordance with the requirements of paragraphs (a) (4) through (11) of this section. (4) Wastes must be emplaced in a manner that maintains the package integrity during emplacement, minimizes the void spaces between packages, and permits the void spaces to be filled. (5) Void spaces between waste packages must be filled with earth or other material to reduce future subsidence within the fill. (6) Waste must be placed and covered in a manner that limits the radiation dose rate at the surface of the cover to levels that at a minimum will permit the licensee to comply with all provisions of §§ 20.1301 and 20.1302 of this chapter at the time the license is transferred pursuant to § 61.30 of this part. (7) The boundaries and locations of each disposal unit (e.g., trenches) must be accurately located and mapped by means of a land survey. Near-surface disposal units must be marked in such a way that the boundaries of each unit can be easily defined. Three permanent survey marker control points, referenced to United States Geological Survey (USGS) or National Geodetic Survey (NGS) survey control stations, must be established on the site to facili… | ||||
| 10:10:2.0.1.1.7.4.91.4 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.53 Environmental monitoring. | NRC | (a) At the time a license application is submitted, the applicant shall have conducted a preoperational monitoring program to provide basic environmental data on the disposal site characteristics. The applicant shall obtain information about the ecology, meteorology, climate, hydrology, geology, geochemistry, and seismology of the disposal site. For those characteristics that are subject to seasonal variation, data must cover at least a twelve month period. (b) The licensee must have plans for taking corrective measures if migration of radionuclides would indicate that the performance objectives of subpart C may not be met. (c) During the land disposal facility site construction and operation, the licensee shall maintain a monitoring program. Measurements and observations must be made and recorded to provide data to evaluate the potential health and environmental impacts during both the construction and the operation of the facility and to enable the evaluation of long-term effects and the need for mitigative measures. The monitoring system must be capable of providing early warning of releases of radionuclides from the disposal site before they leave the site boundary. (d) After the disposal site is closed, the licensee responsible for post-operational surveillance of the disposal site shall maintain a monitoring system based on the operating history and the closure and stabilization of the disposal site. The monitoring system must be capable of providing early warning of releases of radionuclides from the disposal site before they leave the site boundary. | |||||
| 10:10:2.0.1.1.7.4.91.5 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.54 Alternative requirements for design and operations. | NRC | The Commission may, upon request or on its own initiative, authorize provisions other than those set forth in §§ 61.51 through 61.53 for the segregation and disposal of waste and for the design and operation of a land disposal facility on a specific basis, if it finds reasonable assurance of compliance with the performance objectives of subpart C of this part. | |||||
| 10:10:2.0.1.1.7.4.91.6 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.55 Waste classification. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 54 FR 22583, May 25, 1989; 66 FR 55792, Nov. 2, 2001] | (a) Classification of waste for near surface disposal —(1) Considerations. Determination of the classification of radioactive waste involves two considerations. First, consideration must be given to the concentration of long-lived radionuclides (and their shorter-lived precursors) whose potential hazard will persist long after such precautions as institutional controls, improved waste form, and deeper disposal have ceased to be effective. These precautions delay the time when long-lived radionuclides could cause exposures. In addition, the magnitude of the potential dose is limited by the concentration and availability of the radionuclide at the time of exposure. Second, consideration must be given to the concentration of shorter-lived radionuclides for which requirements on institutional controls, waste form, and disposal methods are effective. (2) Classes of waste. (i) Class A waste is waste that is usually segregated from other waste classes at the disposal site. The physical form and characteristics of Class A waste must meet the minimum requirements set forth in § 61.56(a). If Class A waste also meets the stability requirements set forth in § 61.56(b), it is not necessary to segregate the waste for disposal. (ii) Class B waste is waste that must meet more rigorous requirements on waste form to ensure stability after disposal. The physical form and characteristics of Class B waste must meet both the minimum and stability requirements set forth in § 61.56. (iii) Class C waste is waste that not only must meet more rigorous requirements on waste form to ensure stability but also requires additional measures at the disposal facility to protect against inadvertent intrusion. The physical form and characteristics of Class C waste must meet both the minimum and stability requirements set forth in § 61.56. (iv) Waste that is not generally acceptable for near-surface disposal is waste for which form and disposal methods must be different, and in general more stringent, than those specified for Class C waste. … | ||||
| 10:10:2.0.1.1.7.4.91.7 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.56 Waste characteristics. | NRC | (a) The following requirements are minimum requirements for all classes of waste and are intended to facilitate handling at the disposal site and provide protection of health and safety of personnel at the disposal site. (1) Waste must not be packaged for disposal in cardboard or fiberboard boxes. (2) Liquid waste must be solidified or packaged in sufficient absorbent material to absorb twice the volume of the liquid. (3) Solid waste containing liquid shall contain as little free standing and noncorrosive liquid as is reasonably achievable, but in no case shall the liquid exceed 1% of the volume. (4) Waste must not be readily capable of detonation or of explosive decomposition or reaction at normal pressures and temperatures, or of explosive reaction with water. (5) Waste must not contain, or be capable of generating, quantities of toxic gases, vapors, or fumes harmful to persons transporting, handling, or disposing of the waste. This does not apply to radioactive gaseous waste packaged in accordance with paragraph (a)(7) of this section. (6) Waste must not be pyrophoric. Pyrophoric materials contained in waste shall be treated, prepared, and packaged to be nonflammable. (7) Waste in a gaseous form must be packaged at a pressure that does not exceed 1.5 atmospheres at 20 °C. Total activity must not exceed 100 curies per container. (8) Waste containing hazardous, biological, pathogenic, or infectious material must be treated to reduce to the maximum extent practicable the potential hazard from the non-radiological materials. (b) The requirements in this section are intended to provide stability of the waste. Stability is intended to ensure that the waste does not structurally degrade and affect overall stability of the site through slumping, collapse, or other failure of the disposal unit and thereby lead to water infiltration. Stability is also a factor in limiting exposure to an inadvertent intruder, since it provides a recognizable and nondispersible waste. (1) Waste must have structural stability. A … | |||||
| 10:10:2.0.1.1.7.4.91.8 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.57 Labeling. | NRC | Each package of waste must be clearly labeled to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with § 61.55. | |||||
| 10:10:2.0.1.1.7.4.91.9 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | D | Subpart D—Technical Requirements for Land Disposal Facilities | § 61.58 Alternative requirements for waste classification and characteristics. | NRC | The Commission may, upon request or on its own initiative, authorize other provisions for the classification and characteristics of waste on a specific basis, if, after evaluation, of the specific characteristics of the waste, disposal site, and method of disposal, it finds reasonable assurance of compliance with the performance objectives in subpart C of this part. | |||||
| 10:10:2.0.1.1.7.5.91.1 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | E | Subpart E—Financial Assurances | § 61.61 Applicant qualifications and assurances. | NRC | Each applicant shall show that it either possesses the necessary funds or has reasonable assurance of obtaining the necessary funds, or by a combination of the two, to cover the estimated costs of conducting all licensed activities over the planned operating life of the project, including costs of construction and disposal. | |||||
| 10:10:2.0.1.1.7.5.91.2 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | E | Subpart E—Financial Assurances | § 61.62 Funding for disposal site closure and stabilization. | NRC | (a) The applicant shall provide assurance that sufficient funds will be available to carry out disposal site closure and stabilization, including: (1) Decontamination or dismantlement of land disposal facility structures; and (2) closure and stabilization of the disposal site so that following transfer of the disposal site to the site owner, the need for ongoing active maintenance is eliminated to the extent practicable and only minor custodial care, surveillance, and monitoring are required. These assurances shall be based on Commission-approved cost estimates reflecting the Commission-approved plan for disposal site closure and stabilization. The applicant's cost estimates must take into account total capital costs that would be incurred if an independent contractor were hired to perform the closure and stabilization work. (b) In order to avoid unnecessary duplication and expense, the Commission will accept financial sureties that have been consolidated with earmarked financial or surety arrangements established to meet requirements of other Federal or State agencies and/or local governing bodies for such decontamination, closure and stabilization. The Commission will accept this arrangement only if they are considered adequate to satisfy these requirements and that the portion of the surety which covers the closure of the disposal site is clearly identified and committed for use in accomplishing these activities. (c) The licensee's surety mechanism will be annually reviewed by the Commission to assure that sufficient funds are available for completion of the closure plan, assuming that the work has to be performed by an independent contractor. (d) The amount of surety liability should change in accordance with the predicted cost of future closure and stabilization. Factors affecting closure and stabilization cost estimates include: inflation; increases in the amount of disturbed land; changes in engineering plans; closure and stabilization that has already been accomplished and any other conditions affectin… | |||||
| 10:10:2.0.1.1.7.5.91.3 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | E | Subpart E—Financial Assurances | § 61.63 Financial assurances for institutional controls. | NRC | (a) Prior to the issuance of the license, the applicant shall provide for Commission review and approval a copy of a binding arrangement, such as a lease, between the applicant and the disposal site owner that ensures that sufficient funds will be available to cover the costs of monitoring and any required maintenance during the institutional control period. The binding arrangement will be reviewed periodically by the Commission to ensure that changes in inflation, technology and disposal facility operations are reflected in the arrangements. (b) Subsequent changes to the binding arrangement specified in paragraph (a) of this section relevant to institutional control shall be submitted to the Commission for approval. | |||||
| 10:10:2.0.1.1.7.6.91.1 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | F | Subpart F—Participation by State Governments and Indian Tribes | § 61.70 Scope. | NRC | This subpart describes mechanisms through which the Commission will implement a formal request from a State or tribal government to participate in the review of a license application for a land disposal facility. Nothing in this subpart may be construed to bar the State or tribal governing body from participating in subsequent Commission proceedings concerning the license application as provided under Federal law and regulations. | |||||
| 10:10:2.0.1.1.7.6.91.2 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | F | Subpart F—Participation by State Governments and Indian Tribes | § 61.71 State and Tribal government consultation. | NRC | Upon request of a State or tribal governing body, the Director shall make available Commission staff to discuss with representatives of the State or tribal governing body information submitted by the applicant, applicable Commission regulations, licensing procedures, potential schedules, and the type and scope of State activities in the license review permitted by law. In addition, staff shall be made available to consult and cooperate with the State or tribal governing body in developing proposals for participation in the license review. | |||||
| 10:10:2.0.1.1.7.6.91.3 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | F | Subpart F—Participation by State Governments and Indian Tribes | § 61.72 Filing of proposals for State and Tribal participation. | NRC | (a) A State or tribal governing body whose interest is affected by a near-surface disposal facility at the proposed site may submit to the Director a proposal for participation in the review of a license application. Proposals must be submitted within the following time periods: (1) For the State in which the disposal facility will be located, or any State that is member of an interstate compact that includes the State in which the disposal facility is located, no later than 45 days following publication in the Federal Register of the notice of tendering of an application submitted under § 61.20. (2) For any other State, or for a tribal governing body, no later than 120 days following publication in the Federal Register of the notice of tendering of an application submitted under § 61.20. (b) Proposals for participation in the licensing process must be made in writing and must be signed by the Governor of the State or the official otherwise provided for by State or tribal law. (c) At a minimum, proposals must contain each of the following items of information: (1) A general description of how the State or Tribe wishes to participate in the licensing process specifically identifying those issues it wishes to review. (2) A description of material and information which the State or Tribe plans to submit to the Commission for consideration in the licensing process. A tentative schedule referencing steps in the review and calendar dates for planned submittals should be included. (3) A description of any work that the State or Tribe proposes to perform for the Commission in support of the licensing process. (4) A description of State or Tribal plans to facilitate local government and citizen participation. (5) A preliminary estimate of the types and extent of impacts which the State expects, should a disposal facility be located as proposed. (6) If desired, any requests for educational or information services (seminars, public meetings) or other actions from the Commission such as establishment of additio… | |||||
| 10:10:2.0.1.1.7.6.91.4 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | F | Subpart F—Participation by State Governments and Indian Tribes | § 61.73 Commission approval of proposals. | NRC | (a) Upon receipt of a proposal submitted in accordance with § 61.72, the Director shall arrange for a meeting between the representatives of the State or Tribal governing body and the Commission staff to discuss the proposal and to ensure full and effective participation by the State or Tribe in the Commission's license review. (b) If requested by a State or Tribal governing body, the Director may approve all or any part of a proposal if the Director determines that: (1) The proposed activities are within the scope of Commission statutory responsibility and the type and magnitude of impacts which the State or Tribe may bear are sufficient to justify their participation; and (2) The proposed activities will contribute productively to the licensing review. (c) The decision of the Director will be transmitted in writing to the governor or the designated official of the Tribal governing body. (d) Participation by a State or Indian Tribe shall not affect their rights to participate in an adjudicatory hearing as provided by part 2 of this chapter. | |||||
| 10:10:2.0.1.1.7.7.91.1 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | G | Subpart G—Records, Reports, Tests, and Inspections | § 61.80 Maintenance of records, reports, and transfers. | NRC | [47 FR 57463, Dec. 27, 1982, as amended at 52 FR 31612, Aug. 21, 1987; 53 FR 19251, May 27, 1988; 58 FR 33891, June 22, 1993; 60 FR 15666, Mar. 27, 1995; 67 FR 78141, Dec. 23, 2002; 68 FR 58814, Oct. 10, 2003; 73 FR 5725, Jan. 31, 2008; 79 FR 75740, Dec. 19, 2014] | (a) Each licensee shall maintain any records and make any reports in connection with the licensed activities as may be required by the conditions of the license or by the rules, regulations, and orders of the Commission. (b) Records which are required by the regulations in this part or by license conditions must be maintained for a period specified by the appropriate regulations in this chapter or by license condition. If a retention period is not otherwise specified, these records must be maintained and transferred to the officials specified in paragraph (e) of this section as a condition of license termination unless the Commission otherwise authorizes their disposition. (c) Records which must be maintained pursuant to this part may be the original or a reproduced copy or a microform if this reproduced copy or microform is capable of producing copy that is clear and legible at the end of the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. (d) If there is a conflict between the Commission's regulations in this part, license condition, or other written Commission approval or authorization pertaining to the retention period for the same type of record, the longest retention period specified takes precedence. (e) Notwithstanding paragraphs (a) through (d) of this section, the licensee shall record the location and the quantity of radioactive wastes contained in the disposal site and transfer these records upon license termination to the chief executive of the nearest municipality, the chief executive of the county in which the facility is located, the county zoning board or land development and planning agency, the State governor and other State, local,… | ||||
| 10:10:2.0.1.1.7.7.91.2 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | G | Subpart G—Records, Reports, Tests, and Inspections | § 61.81 Tests at land disposal facilities. | NRC | (a) Each licensee shall perform, or permit the Commission to perform, any tests as the Commission deems appropriate or necessary for the administration of the regulations in this part, including tests of: (1) Radioactive wastes and facilities used for the receipt, storage, treatment, handling and disposal of radioactive wastes. (2) Radiation detection and monitoring instruments; and (3) Other equipment and devices used in connection with the receipt, possession, handling, treatment, storage, or disposal of radioactive waste. | |||||
| 10:10:2.0.1.1.7.7.91.3 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | G | Subpart G—Records, Reports, Tests, and Inspections | § 61.82 Commission inspections of land disposal facilities. | NRC | (a) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect radioactive waste not yet disposed of, and the premises, equipment, operations, and facilities in which radioactive wastes are received, possessed, handled, treated, stored, or disposed of. (b) Each licensee shall make available to the Commission for inspection, upon reasonable notice, records kept by it pursuant to the regulations in this chapter. Authorized representatives of the Commission may copy and take away copies of, for the Commission's use, any record required to be kept pursuant to this part. | |||||
| 10:10:2.0.1.1.7.7.91.4 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | G | Subpart G—Records, Reports, Tests, and Inspections | § 61.83 Violations. | NRC | [57 FR 55077, 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. | ||||
| 10:10:2.0.1.1.7.7.91.5 | 10 | Energy | I | 61 | PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE | G | Subpart G—Records, Reports, Tests, and Inspections | § 61.84 Criminal penalties. | NRC | [57 FR 55077, 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 to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 61 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 61 that are not issued under sections 161b, 161i, or 161o for the purposes of Section 223 are as follows: §§ 61.1, 61.2, 61.4, 61.5, 61.6, 61.7, 61.8, 61.10, 61.11, 61.12, 61.13, 61.14, 61.15, 61.16, 61.20, 61.21, 61.22, 61.23, 61.26, 61.30, 61.31, 61.50, 61.51, 61.54, 61.55, 61.58, 61.59, 61.61, 61.63, 61.70, 61.71, 61.72, 61.73, 61.83, and 61.84. | ||||
| 14:14:2.0.1.1.2.1.1.1 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.1 Applicability and definitions. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40893, July 30, 1997 as amended by Amdt. 61-110, 69 FR 44864, July 27, 2004; Amdt. 61-124, 74 FR 42546, Aug. 21, 2009; Amdt. 61-128, 76 FR 54105, Aug. 31, 2011; Amdt. 61-130, 78 FR 42372, July 15, 2013; Amdt. 61-137, 81 FR 42208, June 28, 2016; Amdt. 61-142, 83 FR 30276, June 27, 2018; Docket FAA-2023-1351, Amdt. 61-156, 89 FR 80339, Oct. 2, 2024; FAA-2023-1275, Amdt. 61-157, 89 FR 92483, Nov. 21, 2024; Docket FAA-2023-1377, Amdt. 61-159, 90 FR 35218, July 24, 2025] | (a) Except as provided in parts 107 and 194 of this chapter, this part prescribes: (1) The requirements for issuing pilot, flight instructor, and ground instructor certificates and ratings; the conditions under which those certificates and ratings are necessary; and the privileges and limitations of those certificates and ratings. (2) The requirements for issuing pilot, flight instructor, and ground instructor authorizations; the conditions under which those authorizations are necessary; and the privileges and limitations of those authorizations. (3) The requirements for issuing pilot, flight instructor, and ground instructor certificates and ratings for persons who have taken courses approved by the Administrator under other parts of this chapter. (b) For the purpose of this part: Accredited has the same meaning as defined by the Department of Education in 34 CFR 600.2. Aeronautical experience means pilot time obtained in an aircraft, flight simulator, or flight training device for meeting the appropriate training and flight time requirements for an airman certificate, rating, flight review, or recency of flight experience requirements of this part. Authorized instructor means— (i) A person who holds a ground instructor certificate issued under part 61 of this chapter and is in compliance with § 61.217, when conducting ground training in accordance with the privileges and limitations of his or her ground instructor certificate; (ii) A person who holds a flight instructor certificate issued under part 61 of this chapter and is in compliance with § 61.197, when conducting ground training or flight training in accordance with the privileges and limitations of his or her flight instructor certificate; or (iii) A person authorized by the Administrator to provide ground training or flight training under part 61, 121, 135, or 142 of this chapter when conducting ground training or flight training in accordance with that authority. Aviation training device means a training device, other than a full flight … | |||
| 14:14:2.0.1.1.2.1.1.10 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.13 Issuance of airman certificates, ratings, and authorizations. | FAA | [Docket 25910, 62 FR 40895, July 30, 1997, as amended by Amdt. 61-116, 72 FR 18558, Apr. 12, 2007; Amdt. 61-132, 78 FR 77572, Dec. 24, 2013] | (a) Application. (1) An applicant for an airman certificate, rating, or authorization under this part must make that application on a form and in a manner acceptable to the Administrator. (2) An applicant must show evidence that the appropriate fee prescribed in appendix A to part 187 of this chapter has been paid when that person applies for airmen certification services administered outside the United States. (3) An applicant who is neither a citizen of the United States nor a resident alien of the United States may be refused issuance of any U.S. airman certificate, rating or authorization by the Administrator. (4) Except as provided in paragraph (a)(3) of this section, an applicant who satisfactorily accomplishes the training and certification requirements for the certificate, rating, or authorization sought is entitled to receive that airman certificate, rating, or authorization. (b) Limitations. (1) An applicant who cannot comply with certain areas of operation required on the practical test because of physical limitations may be issued an airman certificate, rating, or authorization with the appropriate limitation placed on the applicant's airman certificate provided the— (i) Applicant is able to meet all other certification requirements for the airman certificate, rating, or authorization sought; (ii) Physical limitation has been recorded with the FAA on the applicant's medical records; and (iii) Administrator determines that the applicant's inability to perform the particular area of operation will not adversely affect safety. (2) A limitation placed on a person's airman certificate may be removed, provided that person demonstrates for an examiner satisfactory proficiency in the area of operation appropriate to the airman certificate, rating, or authorization sought. (c) Additional requirements for Category II and Category III pilot authorizations. (1) A Category II or Category III pilot authorization is issued by a letter of authorization as part of an applicant's instrument rating or air… | |||
| 14:14:2.0.1.1.2.1.1.11 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.14 Incorporation by Reference. | FAA | [Docket FAA-2022-1463, Amdt. 61-153, 89 FR 22516, Apr. 1, 2024, as amended by Docket FAA-2023-1377, Amdt. 61-159, 90 FR 35211, July 24, 2025] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the Federal Aviation Administration (FAA) and at the National Archives and Records Administration (NARA). Contact FAA, Training and Certification Group, 202-267-1100, ACSPTSinquiries@faa.gov. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591, 866-835-5322, www.faa.gov/training_testing. (a) Practical Test Standards. (1) FAA-S-8081-3B, Recreational Pilot Practical Test Standards for Airplane Category and Rotorcraft Category, November 2023; IBR approved for § 61.43 and appendix A to this part. (2) FAA-S-8081-7C, Flight Instructor Practical Test Standards for Rotorcraft Category Gyroplane Rating, November 2023; IBR approved for § 61.43 and appendix A to this part. (3) FAA-S-8081-8C, Flight Instructor Practical Test Standards for Glider Category, November 2023; IBR approved for § 61.43 and appendix A to this part. (4) FAA-S-8081-9E, Flight Instructor Instrument Practical Test Standards for Airplane Rating and Helicopter Rating, November 2023; IBR approved for § 61.43 and appendix A to this part. (5) FAA-S-8081-15B, Private Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating, November 2023; IBR approved for § 61.43 and appendix A to this part. (6) FAA-S-8081-16C, Commercial Pilot Practical Test Standards for Rotorcraft Category Gyroplane Rating, November 2023; IBR approved for § 61.43 and appendix A to this part. (7) FAA-S-8081-17A, Private Pilot Practical Test Standards for Lighter-Than-Air Category, November 2023; IBR approved for § 61.43 and appendix A to this part. (8) FAA-S-8081-18A, Commercial Pilot Practical Test Sta… | |||
| 14:14:2.0.1.1.2.1.1.12 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.15 Offenses involving alcohol or drugs. | FAA | (a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for: (1) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of final conviction; or (2) Suspension or revocation of any certificate, rating, or authorization issued under this part. (b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for: (1) Denial of an application for a certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that act; or (2) Suspension or revocation of any certificate, rating, or authorization issued under this part. (c) For the purposes of paragraphs (d), (e), and (f) of this section, a motor vehicle action means: (1) A conviction after November 29, 1990, for the violation of any Federal or State statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; (2) The cancellation, suspension, or revocation of a license to operate a motor vehicle after November 29, 1990, for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug; or (3) The denial after November 29, 1990, of an application for a license to operate a motor vehicle for a cause related to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while under the influence of alcohol or a drug. (d) Except for a motor vehicle action that results from the same incident or arises out of the same factual circumstances, a motor vehicle action occurring within 3 years of a previous motor vehicle action i… | ||||
| 14:14:2.0.1.1.2.1.1.13 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.16 Refusal to submit to an alcohol test or to furnish test results. | FAA | A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with § 91.17(c) or (d) of this chapter, is grounds for: (a) Denial of an application for any certificate, rating, or authorization issued under this part for a period of up to 1 year after the date of that refusal; or (b) Suspension or revocation of any certificate, rating, or authorization issued under this part. | ||||
| 14:14:2.0.1.1.2.1.1.14 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.17 Temporary certificate. | FAA | (a) A temporary pilot, flight instructor, or ground instructor certificate or rating is issued for up to 120 days, at which time a permanent certificate will be issued to a person whom the Administrator finds qualified under this part. (b) A temporary pilot, flight instructor, or ground instructor certificate or rating expires: (1) On the expiration date shown on the certificate; (2) Upon receipt of the permanent certificate; or (3) Upon receipt of a notice that the certificate or rating sought is denied or revoked. | ||||
| 14:14:2.0.1.1.2.1.1.15 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.18 [Reserved] | FAA | |||||
| 14:14:2.0.1.1.2.1.1.16 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.19 Duration of pilot and instructor certificates and privileges. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-118, 73 FR 10668, Feb. 28, 2008; Amdt. 61-124, 74 FR 42547, Aug. 21, 2009; Amdt. 61-124A, 74 FR 53644, Oct. 20, 2009; Docket FAA-2010-1127, Amdt. 61-135, 81 FR 1306, Jan. 12, 2016; Docket FAA-2023-0825, Amdt. 61-155, 89 FR 80049, Oct. 1, 2024] | (a) General. (1) The holder of a certificate with an expiration date may not, after that date, exercise the privileges of that certificate. (2) Except for a certificate issued with an expiration date, a certificate issued under this part is valid unless it is surrendered, suspended, or revoked. (b) Paper student pilot certificate. A student pilot certificate issued under this part prior to April 1, 2016 expires: (1) For student pilots who have not reached their 40th birthday, 60 calendar months after the month of the date of examination shown on the medical certificate. (2) For student pilots who have reached their 40th birthday, 24 calendar months after the month of the date of examination shown on the medical certificate. (3) For student pilots seeking a glider rating, balloon rating, or a sport pilot certificate, 60 calendar months after the month of the date issued, regardless of the person's age. (c) Pilot certificates. (1) A pilot certificate (including a student pilot certificate issued after April 1, 2016) issued under this part is issued without an expiration date. (2) The holder of a pilot certificate issued on the basis of a foreign pilot license may exercise the privileges of that certificate only while that person's foreign pilot license is effective. (d) Flight instructor certificate. (1) A flight instructor certificate issued under this part on or after December 1, 2024, is issued without an expiration date. (2) A flight instructor certificate issued before December 1, 2024, expires 24 calendar months from the month in which it was issued, renewed, or reinstated, as appropriate. (e) Ground instructor certificate. A ground instructor certificate is issued without an expiration date. (f) Return of certificates. The holder of any airman certificate that is issued under this part, and that has been suspended or revoked, must return that certificate to the FAA when requested to do so by the Administrator. (g) Duration of pilot certificates. Except for a temporary certificate is… | |||
| 14:14:2.0.1.1.2.1.1.17 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.21 Duration of a Category II and a Category III pilot authorization (for other than part 121 and part 135 use). | FAA | (a) A Category II pilot authorization or a Category III pilot authorization expires at the end of the sixth calendar month after the month in which it was issued or renewed. (b) Upon passing a practical test for a Category II or Category III pilot authorization, the authorization may be renewed for each type of aircraft for which the authorization is held. (c) A Category II or Category III pilot authorization for a specific type aircraft for which an authorization is held will not be renewed beyond 12 calendar months from the month the practical test was accomplished in that type aircraft. (d) If the holder of a Category II or Category III pilot authorization passes the practical test for a renewal in the month before the authorization expires, the holder is considered to have passed it during the month the authorization expired. | ||||
| 14:14:2.0.1.1.2.1.1.18 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.23 Medical certificates: Requirement and duration. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, July 30, 1997; Amdt. 61-110, 69 FR 44864, July 27, 2004, as amended by Amdt. 61-121, 73 FR 43064, July 24, 2008; Amdt. 61-121, 73 FR 48125, Aug. 18, 2008; Amdt. 61-123, 74 FR 34234, July 15, 2009; Amdt. 61-124, 74 FR 42547, Aug. 21, 2009; Amdt. 61-129, 76 FR 78143, Dec. 16, 2011; Amdt. 61-129A, 77 FR 61721, Oct. 11, 2012; Amdt. 61-130, 78 FR 42372, July 15, 2013; Docket FAA-2016-9157, Amdt. 61-140, 82 FR 3164, Jan. 11, 2017; Docket FAA-2021-1040, Amdt. 61-152, 87 FR 71236, Nov. 22, 2022; Docket FAA-2021-1040; Amdt. 61-152, 87 FR 71237, Nov. 22, 2022; Docket FAA-2024-2580, Amdt. 61-158, 89 FR 90577, Nov. 18, 2024; Docket FAA-2023-1377, Amdt. 61-159, 90 FR 35212, 35218, July 24, 2025] | (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person— (1) Must hold a first-class medical certificate: (i) When exercising the pilot-in-command privileges of an airline transport pilot certificate; (ii) When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or (iii) When serving as a required pilot flightcrew member in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising: (i) Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); (ii) Privileges of a commercial pilot certificate in an aircraft other than a balloon or glider; or (iii) Except as provided in paragraph (b)(5) of this section, privileges of a commercial pilot certificate with a balloon class rating for compensation or hire; or (3) Must hold at least a third-class medical certificate— (i) When exercising the privileges of a private pilot certificate, recreational pilot certificate, or student pilot certificate, except when operating under the conditions and limitations set forth in § 61.113(i); (ii) When exercising the privileges of a flight instructor certificate and acting as the pilot in command or as a required flightcrew member, except when operating under the conditions and limitations set forth in § 61.113(i); (iii) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate, except when operating under the conditions and limitations set forth in § 61.113(i); or (iv) When performing the duties as an Examiner in an aircraft when administering a practical test or proficiency… | |||
| 14:14:2.0.1.1.2.1.1.19 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.25 Change of name. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-124, 74 FR 42548, Aug. 21, 2009] | (a) An application to change the name on a certificate issued under this part must be accompanied by the applicant's: (1) Airman certificate; and (2) A copy of the marriage license, court order, or other document verifying the name change. (b) The documents in paragraph (a) of this section will be returned to the applicant after inspection. | |||
| 14:14:2.0.1.1.2.1.1.2 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.2 Exercise of Privilege. | FAA | [Docket FAA-2006-26661, 74 FR 42546, Aug. 21, 2009, as amended by Docket FAA-2023-0825, Amdt. 61-155, 89 FR 80049, Oct. 1, 2024] | (a) Validity. No person may: (1) Exercise privileges of a certificate, rating, endorsement, or authorization issued under this part if the certificate, rating or authorization is surrendered, suspended, revoked or expired. (2) Exercise privileges of a flight instructor certificate if that flight instructor certificate is surrendered, suspended, revoked or expired. (3) Exercise privileges of a foreign pilot certificate to operate an aircraft of foreign registry under § 61.3(b) if the certificate is surrendered, suspended, revoked or expired. (4) Exercise privileges of a pilot certificate issued under § 61.75, or an authorization issued under § 61.77, if the foreign pilot certificate relied upon for the issuance of the U.S. pilot certificate or authorization is surrendered, suspended, revoked or expired. (5) Exercise privileges of a medical certificate issued under part 67 to meet any requirements of part 61 if the medical certificate is surrendered, suspended, revoked or expired according to the duration standards set forth in § 61.23(d). (6) Use an official government issued driver's license to meet any requirements of part 61 related to holding that driver's license, if the driver's license is surrendered, suspended, revoked or expired. (b) Currency. No person may: (1) Exercise privileges of an airman certificate, rating, endorsement, or authorization issued under this part unless that person meets the appropriate airman recent experience and medical requirements of this part, specific to the operation or activity. (2) Exercise privileges of a foreign pilot license within the United States to conduct an operation described in § 61.3(b), unless that person meets the appropriate airman recent experience and medical requirements of the country that issued the license, specific to the operation. | |||
| 14:14:2.0.1.1.2.1.1.20 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.27 Voluntary surrender or exchange of certificate. | FAA | (a) The holder of a certificate issued under this part may voluntarily surrender it for: (1) Cancellation; (2) Issuance of a lower grade certificate; or (3) Another certificate with specific ratings deleted. (b) Any request made under paragraph (a) of this section must include the following signed statement or its equivalent: “This request is made for my own reasons, with full knowledge that my (insert name of certificate or rating, as appropriate) may not be reissued to me unless I again pass the tests prescribed for its issuance.” | ||||
| 14:14:2.0.1.1.2.1.1.21 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.29 Replacement of a lost or destroyed airman or medical certificate or knowledge test report. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40896, July 30, 1997; Amdt. 61-121, 73 FR 43065, July 24, 2008; Amdt. 61-124, 74 FR 42548, Aug. 21, 2009; Amdt. 61-131, 78 FR 56828, Sept. 16, 2013] | (a) A request for the replacement of a lost or destroyed airman certificate issued under this part must be made: (1) By letter to the Department of Transportation, FAA, Airmen Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must be accompanied by a check or money order for the appropriate fee payable to the FAA; or (2) In any other manner and form approved by the Administrator including a request online to Airmen Services at http://www.faa.gov, and must be accompanied by acceptable form of payment for the appropriate fee. (b) A request for the replacement of a lost or destroyed medical certificate must be made: (1) By letter to the Department of Transportation, FAA, Aerospace Medical Certification Division, P.O. Box 26200, Oklahoma City, OK 73125, and must be accompanied by a check or money order for the appropriate fee payable to the FAA; or (2) In any other manner and form approved by the Administrator and must be accompanied by acceptable form of payment for the appropriate fee. (c) A request for the replacement of a lost or destroyed knowledge test report must be made: (1) By letter to the Department of Transportation, FAA, Airmen Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, and must be accompanied by a check or money order for the appropriate fee payable to the FAA; or (2) In any other manner and form approved by the Administrator and must be accompanied by acceptable form of payment for the appropriate fee. (d) The letter requesting replacement of a lost or destroyed airman certificate, medical certificate, or knowledge test report must state: (1) The name of the person; (2) The permanent mailing address (including ZIP code), or if the permanent mailing address includes a post office box number, then the person's current residential address; (3) The certificate holder's date and place of birth; and (4) Any information regarding the— (i) Grade, number, and date of issuance of the airman certificate and ratings, if appropriate; (ii) Class of medical certif… | |||
| 14:14:2.0.1.1.2.1.1.22 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.31 Type rating requirements, additional training, and authorization requirements. | FAA | [Docket 25910, 62 FR 40896, July 30, 1997, as amended by Amdt. 61-104, 63 FR 20286, Apr. 23, 1998; Amdt. 61-110, 69 FR 44865, July 27, 2004; Amdt. 61-124, 74 FR 42548, Aug. 21, 2009; Amdt. 61-128, 76 FR 54105, Aug. 31, 2011; Amdt. 61-142, 83 FR 30276, June 27, 2018; FAA-2023-1275; Amdt. 61-157, 89 FR 92484, Nov. 21, 2024; Docket FAA-2023-1377, Amdt. 61-159, 90 FR 35212, July 24, 2025] | (a) Type ratings required. A person who acts as a pilot in command of any of the following aircraft must hold a type rating for that aircraft: (1) Large aircraft (except lighter-than-air). (2) Turbojet-powered airplanes. (3) Powered-lift. (4) Other aircraft specified by the Administrator through aircraft type certificate procedures. (b) Authorization in lieu of a type rating. A person may be authorized to operate without a type rating for up to 60 days an aircraft requiring a type rating, provided— (1) The Administrator has authorized the flight or series of flights; (2) The Administrator has determined that an equivalent level of safety can be achieved through the operating limitations on the authorization; (3) The person shows that compliance with paragraph (a) of this section is impracticable for the flight or series of flights; and (4) The flight— (i) Involves only a ferry flight, training flight, test flight, or practical test for a pilot certificate or rating; (ii) Is within the United States; (iii) Does not involve operations for compensation or hire unless the compensation or hire involves payment for the use of the aircraft for training or taking a practical test; and (iv) Involves only the carriage of flight crewmembers considered essential for the flight. (5) If the flight or series of flights cannot be accomplished within the time limit of the authorization, the Administrator may authorize an additional period of up to 60 days to accomplish the flight or series of flights. (c) Aircraft category, class, and type ratings: Limitations on the carriage of persons, or operating for compensation or hire. Unless a person holds a category, class, and type rating (if a class and type rating is required) that applies to the aircraft, that person may not act as pilot in command of an aircraft that is carrying another person, or is operated for compensation or hire. That person also may not act as pilot in command of that aircraft for compensation or hire. (d) Aircraft category, class, and t… | |||
| 14:14:2.0.1.1.2.1.1.23 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.33 Tests: General procedure. | FAA | Tests prescribed by or under this part are given at times and places, and by persons designated by the Administrator. | ||||
| 14:14:2.0.1.1.2.1.1.24 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.35 Knowledge test: Prerequisites and passing grades. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-104, 63 FR 20286, Apr. 23, 1998; Amdt. 61-124, 74 FR 42548, Aug. 21, 2009; Amdt. 61-130, 78 FR 42373, July 15, 2013; Amdt. 61-130B, 78 FR 77573, Dec. 24, 2013; Amdt. 61-149, 86 FR 62087, Nov. 9, 2021] | (a) An applicant for a knowledge test must have: (1) Received an endorsement, if required by this part, from an authorized instructor certifying that the applicant accomplished the appropriate ground-training or a home-study course required by this part for the certificate or rating sought and is prepared for the knowledge test; (2) For the knowledge test for an airline transport pilot certificate with an airplane category multiengine class rating, a graduation certificate for the airline transport pilot certification training program specified in § 61.156; and (3) Proper identification at the time of application that contains the applicant's— (i) Photograph; (ii) Signature; (iii) Date of birth, which shows: (A) For issuance of certificates other than the ATP certificate with an airplane category multiengine class rating, the applicant meets or will meet the age requirements of this part for the certificate sought before the expiration date of the airman knowledge test report; and (B) For issuance of an ATP certificate with an airplane category multiengine class rating obtained under the aeronautical experience requirements of § 61.159 or § 61.160, the applicant is at least 18 years of age at the time of the knowledge test; (iv) If the permanent mailing address is a post office box number, then the applicant must provide a current residential address. (b) The Administrator shall specify the minimum passing grade for the knowledge test. | |||
| 14:14:2.0.1.1.2.1.1.25 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.37 Knowledge tests: Cheating or other unauthorized conduct. | FAA | (a) An applicant for a knowledge test may not: (1) Copy or intentionally remove any knowledge test; (2) Give to another applicant or receive from another applicant any part or copy of a knowledge test; (3) Give assistance on, or receive assistance on, a knowledge test during the period that test is being given; (4) Take any part of a knowledge test on behalf of another person; (5) Be represented by, or represent, another person for a knowledge test; (6) Use any material or aid during the period that the test is being given, unless specifically authorized to do so by the Administrator; and (7) Intentionally cause, assist, or participate in any act prohibited by this paragraph. (b) An applicant who the Administrator finds has committed an act prohibited by paragraph (a) of this section is prohibited, for 1 year after the date of committing that act, from: (1) Applying for any certificate, rating, or authorization issued under this chapter; and (2) Applying for and taking any test under this chapter. (c) Any certificate or rating held by an applicant may be suspended or revoked if the Administrator finds that person has committed an act prohibited by paragraph (a) of this section. | ||||
| 14:14:2.0.1.1.2.1.1.26 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.39 Prerequisites for practical tests. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, July 30, 1997, as amended by Amdt. 61-104, 63 FR 20286, Apr. 23, 1998; Amdt. 61-124, 74 FR 42548, Aug. 21, 2009; Amdt. 61-130, 78 FR 42373, July 15, 2013; Amdt. 61-130B, 78 FR 77573, Dec. 24, 2013; Amdt. 61-142, 83 FR 30726, June 27, 2018; Amdt. 61-149, 86 FR 62087, Nov. 9, 2021; Docket FAA-2023-0825, Amdt. 61-155, 89 FR 80049, Oct. 1, 2024; FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024] | (a) Except as provided in paragraphs (b), (c), (e), and (f) of this section, to be eligible for a practical test for a certificate or rating issued under this part, an applicant must: (1) Pass the required knowledge test: (i) Within the 24-calendar-month period preceding the month the applicant completes the practical test, if a knowledge test is required; or (ii) Within the 60-calendar month period preceding the month the applicant completes the practical test for those applicants who complete the airline transport pilot certification training program in § 61.156 and pass the knowledge test for an airline transport pilot certificate with a multiengine class rating after July 31, 2014; (2) Present the knowledge test report at the time of application for the practical test, if a knowledge test is required; (3) Have satisfactorily accomplished the required training and obtained the aeronautical experience prescribed by this part for the certificate or rating sought, and: (i) If applying for the practical test with flight time accomplished under § 61.159(c), present a copy of the records required by § 135.63(a)(4)(vi) and (x) of this chapter; or (ii) If applying for a practical test for the issuance of an initial category and class rating (if a class rating is required) at the private, commercial, or airline transport pilot certificate level in an aircraft that requires a type rating or a flight simulator or flight training device that represents an aircraft that requires a type rating, meet the eligibility requirements for the type rating or already hold the type rating on their pilot certificate; (4) Hold at least a third-class medical certificate, if a medical certificate is required; (5) Meet the prescribed age requirement of this part for the issuance of the certificate or rating sought; (6) Have an endorsement, if required by this part, in the applicant's logbook or training record that has been signed by an authorized instructor who certifies that the applicant— (i) Has received and logged training… | |||
| 14:14:2.0.1.1.2.1.1.27 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.40 Relief for U.S. Military and civilian personnel who are assigned outside the United States in support of U.S. Armed Forces operations. | FAA | [Docket FAA-2023-0825, Amdt. 61-155, 89 FR 80050, Oct. 1, 2024] | (a) Relief. A person who satisfies the requirements of paragraph (b) of this section may use the following documents to demonstrate eligibility to renew a flight instructor certificate, establish recent flight instructor experience, take a practical test, or renew an inspection authorization, as appropriate: (1) For flight instructor certificates issued before December 1, 2024, an expired flight instructor certificate to show eligibility for renewal of a flight instructor certificate under § 61.197; (2) Except as provided in paragraph (a)(3) of this section, for flight instructor certificates issued after December 1, 2024, a record demonstrating the last recent experience event accomplished under § 61.197 to show eligibility to reestablish recent experience under § 61.197; (3) For persons who were issued a flight instructor certificate after December 1, 2024, and who served in a U.S. military or civilian capacity outside the United States in support of a U.S. Armed Forces operation for some period of time during the 24 calendar months following the issuance of the person's flight instructor certificate, a flight instructor certificate demonstrating the date of issuance to show eligibility to establish recent experience under § 61.197; (4) An expired written test report to show eligibility under this part to take a practical test; (5) An expired written test report to show eligibility to take a practical test required under part 63 of this chapter; and (6) An expired written test report to show eligibility to take a practical test required under part 65 of this chapter or an expired inspection authorization to show eligibility for renewal under § 65.93. (b) Eligibility. A person is eligible for the relief specified in paragraph (a) of this section if that person meets the following requirements: (1) The person must have served in a U.S. military or civilian capacity outside the United States in support of a U.S. Armed Forces operation during some period of time beginning on or after September 11, 2001;… | |||
| 14:14:2.0.1.1.2.1.1.28 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.41 Flight training received from flight instructors not certificated by the FAA. | FAA | (a) A person may credit flight training toward the requirements of a pilot certificate or rating issued under this part, if that person received the training from: (1) A flight instructor of an Armed Force in a program for training military pilots of either— (i) The United States; or (ii) A foreign contracting State to the Convention on International Civil Aviation. (2) A flight instructor who is authorized to give such training by the licensing authority of a foreign contracting State to the Convention on International Civil Aviation, and the flight training is given outside the United States. (b) A flight instructor described in paragraph (a) of this section is only authorized to give endorsements to show training given. | ||||
| 14:14:2.0.1.1.2.1.1.29 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.43 Practical tests: General procedures. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-124, 74 FR 42549, Aug. 21, 2009; Amdt. 61-142, 83 FR 30276, June 27, 2018; Docket FAA-2022-1463, Amdt. 61-153, 89 FR 22517, Apr. 1, 2024; FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024] | (a) Completion of the practical test for a certificate or rating consists of— (1) Performing the tasks specified in the areas of operation contained in the applicable Airman Certification Standards or Practical Test Standards (incorporated by reference, see § 61.14) as listed in appendix A of this part for the airman certificate or rating sought; (2) Demonstrating mastery of the aircraft by performing each task required by paragraph (a)(1) of this section successfully; (3) Demonstrating proficiency and competency of the tasks required by paragraph (a)(1) of this section within the approved standards; and (4) Demonstrating sound judgment. (b) The pilot flight crew complement required during the practical test is based on one of the following requirements that applies to the aircraft being used on the practical test: (1) If the aircraft's FAA-approved flight manual requires the pilot flight crew complement be a single pilot, then the applicant must demonstrate single pilot proficiency on the practical test. (2) If the aircraft's type certification data sheet requires the pilot flight crew complement be a single pilot, then the applicant must demonstrate single pilot proficiency on the practical test. (3) If the FAA Flight Standardization Board report, FAA-approved aircraft flight manual, or aircraft type certification data sheet allows the pilot flight crew complement to be either a single pilot, or a pilot and a copilot, then the applicant may demonstrate single pilot proficiency or have a copilot on the practical test. If the applicant performs the practical test with a copilot, the limitation of “Second in Command Required” will be placed on the applicant's pilot certificate. The limitation may be removed if the applicant passes the practical test by demonstrating single-pilot proficiency in the aircraft in which single-pilot privileges are sought. (c) If an applicant fails any area of operation, that applicant fails the practical test. (d) An applicant is not eligible for a certificate or rating sough… | |||
| 14:14:2.0.1.1.2.1.1.3 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.3 Requirement for certificates, ratings, privileges, and authorizations. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40894, July 30, 1997; Amdt. 61-111, 67 FR 65861, Oct. 28, 2002; Amdt. 61-110, 69 FR 44864, July 27, 2004; Amdt. 61-123, 74 FR 34234, July 15, 2009; Amdt. 61-124, 74 FR 42546, Aug. 21, 2009; Amdt. 61-124A, 74 FR 53644, Oct. 20, 2009; Amdt. 61-131, 78 FR 56828, Sept. 16, 2013; Amdt. 61-134, 80 FR 33400, June 12, 2015; Docket FAA-2010-1127, Amdt. 61-135, 81 FR 1306, Jan. 12, 2016; Docket FAA-2016-9157, Amdt. 61-140, 82 FR 3164, Jan. 11, 2017; Amdt. 60-6, 83 FR 30276, June 27, 2018; Docket FAA-2021-1040, Amdt. 61-152, 87 FR 71236, Nov. 22, 2022; Docket FAA-2021-1040, Amdt. 61-152, 87 FR 71236, Nov. 22, 2022; FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024; FAA-2023-1377, Amdt. 61-159, 90 FR 35211, July 24, 2025] | (a) Required pilot certificate for operating a civil aircraft of the United States. No person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) Has in the person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization— (i) A pilot certificate issued under this part and in accordance with § 61.19; (ii) A special purpose pilot authorization issued under § 61.77; (iii) A temporary certificate issued under § 61.17; (iv) A document conveying temporary authority to exercise certificate privileges issued by the Airmen Certification Branch under § 61.29(e); (v) When engaged in a flight operation within the United States for a part 119 certificate holder authorized to conduct operations under part 121 or 135 of this chapter, a temporary document provided by that certificate holder under an approved certificate verification plan; (vi) When engaged in a flight operation within the United States for a fractional ownership program manager authorized to conduct operations under part 91, subpart K, of this chapter, a temporary document provided by that program manager under an approved certificate verification plan; or (vii) When operating an aircraft within a foreign country, a pilot license issued by that country may be used. (2) Has a photo identification that is in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. The photo identification must be a: (i) Driver's license issued by a State, the District of Columbia, or territory or possession of the United States; (ii) Government identification card issued by the Federal government, a State, the District of Columbia, or a territory or possession of the United States; (iii) U.S. Armed Forces' identification card; (iv) Official passport; (v) Credential that authorizes unescorted access to a security identification display area … | |||
| 14:14:2.0.1.1.2.1.1.30 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.45 Practical tests: Required aircraft and equipment. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, July 30, 1997; Amdt. 61-104, 63 FR 20286, Apr. 23, 1998; Amdt. 61-110, 69 FR 44865, July 27, 2004; Amdt. 61-124, 74 FR 42549, Aug. 21, 2009; FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024; Docket FAA-2023-1377, Amdt. 61-159, 90 FR 35212, July 24, 2025] | (a) General. Except as provided in paragraph (a)(2) of this section or when permitted to accomplish the entire flight increment of the practical test in a flight simulator or a flight training device, an applicant for a certificate or rating issued under this part must furnish: (1) An aircraft of U.S. registry for each required test that— (i) Is of the category, class, and type (if a class or type rating is required) for which the applicant is applying for a certificate or rating; and (ii) Has a standard airworthiness certificate or special airworthiness certificate in the limited, primary, or light-sport category. (2) At the discretion of the examiner who administers the practical test, the applicant may furnish— (i) An aircraft that has an airworthiness certificate other than a standard airworthiness certificate or special airworthiness certificate in the limited, primary, or light-sport category, but that otherwise meets the requirements of paragraph (a)(1) of this section; (ii) An aircraft of the same category, class, and type (if a class or type rating is required) of foreign registry that is properly certificated by the country of registry; or (iii) A military aircraft of the same category, class, and type, if aircraft class and type are appropriate, for which the applicant is applying for a certificate or rating, and provided— (A) The aircraft is under the direct operational control of the U.S. Armed Forces; (B) The aircraft is airworthy under the maintenance standards of the U.S. Armed Forces; and (C) The applicant has a letter from his or her commanding officer authorizing the use of the aircraft for the practical test. (b) Required equipment (other than controls). (1) Except as provided in paragraph (b)(2) of this section, an aircraft used for a practical test must have— (i) The equipment for each area of operation required for the practical test; (ii) No prescribed operating limitations that prohibit its use in any of the areas of operation required for the practical test; (iii) Excep… | |||
| 14:14:2.0.1.1.2.1.1.31 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.47 Status and responsibilities of an examiner who is authorized by the Administrator to conduct practical tests. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, July 30, 1997, as amended by FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024] | (a) An examiner represents the Administrator for the purpose of conducting practical tests for certificates and ratings issued under this part and to observe an applicant's ability to perform the areas of operation on the practical test. (b) The examiner is not the pilot in command of the aircraft during the practical test unless the examiner agrees to act in that capacity for the flight or for a portion of the flight by prior arrangement with: (1) The applicant; or (2) A person who would otherwise act as pilot in command of the flight or for a portion of the flight. (c) Notwithstanding the type of aircraft used during the practical test, the applicant and the examiner (and any other occupants authorized to be on board by the examiner) are not subject to the requirements or limitations for the carriage of passengers that are specified in this chapter. (d) An examiner may not conduct a practical test for the issuance of an initial category and class rating (if a class rating is required) at the private, commercial, or airline transport pilot certificate level in an aircraft that requires a type rating or a flight simulator or flight training device that represents an aircraft that requires a type rating unless: (1) The applicant meets the eligibility requirements for a type rating in that aircraft or already holds that type rating on their certificate; and (2) The practical test contains the tasks and maneuvers for a type rating specified in the areas of operation at the airline transport pilot certification level. | |||
| 14:14:2.0.1.1.2.1.1.32 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.49 Retesting after failure. | FAA | (a) An applicant for a knowledge or practical test who fails that test may reapply for the test only after the applicant has received: (1) The necessary training from an authorized instructor who has determined that the applicant is proficient to pass the test; and (2) An endorsement from an authorized instructor who gave the applicant the additional training. (b) An applicant for a flight instructor certificate with an airplane category rating or, for a flight instructor certificate with a glider category rating, who has failed the practical test due to deficiencies in instructional proficiency on stall awareness, spin entry, spins, or spin recovery must: (1) Comply with the requirements of paragraph (a) of this section before being retested; (2) Bring an aircraft to the retest that is of the appropriate aircraft category for the rating sought and is certificated for spins; and (3) Demonstrate satisfactory instructional proficiency on stall awareness, spin entry, spins, and spin recovery to an examiner during the retest. | ||||
| 14:14:2.0.1.1.2.1.1.33 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.51 Pilot logbooks. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, July 30, 1997; Amdt. 61-104, 63 FR 20286, Apr. 23, 1998; Amdt. 61-110, 69 FR 44865, July 27, 2004; Amdt. 61-124, 74 FR 42549, Aug. 21, 2009; Amdt. 61-128, 76 FR 54105, Aug. 31, 2011; Amdt. 61-142, 83 FR 30277, June 27, 2018; Docket FAA-2023-0825, Amdt. 61-155, 89 FR 80050, Oct. 1, 2024; Docket FAA-2023-1351, Amdt. 61-156, 89 FR 80339, Oct. 2, 2024; FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024] | (a) Training time and aeronautical experience. Each person must document and record the following time in a manner acceptable to the Administrator: (1) Training and aeronautical experience used to meet the requirements for a certificate, rating, or flight review of this part. (2) The aeronautical experience required for meeting the recent flight experience requirements of this part. (b) Logbook entries. For the purposes of meeting the requirements of paragraph (a) of this section, each person must enter the following information for each flight or lesson logged: (1) General— (i) Date. (ii) Total flight time or lesson time. (iii) Location where the aircraft departed and arrived, or for lessons in a full flight simulator or flight training device, the location where the lesson occurred. (iv) Type and identification of aircraft, full flight simulator, flight training device, or aviation training device, as appropriate. (v) The name of a safety pilot, if required by § 91.109 of this chapter. (2) Type of pilot experience or training— (i) Solo. (ii) Pilot in command. (iii) Second in command. (iv) Flight and ground training received from an authorized instructor. (v) Training received in a full flight simulator, flight training device, or aviation training device from an authorized instructor. (3) Conditions of flight— (i) Day or night. (ii) Actual instrument. (iii) Simulated instrument conditions in flight, a full flight simulator, flight training device, or aviation training device. (iv) Use of night vision goggles in an aircraft in flight, in a full flight simulator, or in a flight training device. (c) Logging of pilot time. The pilot time described in this section may be used to: (1) Apply for a certificate or rating issued under this part or a privilege authorized under this part; or (2) Satisfy the recent flight experience requirements of this part. (d) Logging of solo flight time. Except for a student pilot performing the duties of pilot in command of an airship requiring more than… | |||
| 14:14:2.0.1.1.2.1.1.34 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.52 Use of aeronautical experience obtained in ultralight vehicles. | FAA | [Docket FAA-2001-11133, 69 FR 44865, July 27, 2004, as amended by Amdt. 61-125, 75 FR 5220, Feb. 1, 2010] | (a) Before January 31, 2012, a person may use aeronautical experience obtained in an ultralight vehicle to meet the requirements for the following certificates and ratings issued under this part: (1) A sport pilot certificate. (2) A flight instructor certificate with a sport pilot rating; (3) A private pilot certificate with a weight-shift-control or powered parachute category rating. (b) Before January 31, 2012, a person may use aeronautical experience obtained in an ultralight vehicle to meet the provisions of § 61.69. (c) A person using aeronautical experience obtained in an ultralight vehicle to meet the requirements for a certificate or rating specified in paragraph (a) of this section or the requirements of paragraph (b) of this section must— (1) Have been a registered ultralight pilot with an FAA-recognized ultralight organization when that aeronautical experience was obtained; (2) Document and log that aeronautical experience in accordance with the provisions for logging aeronautical experience specified by an FAA-recognized ultralight organization and in accordance with the provisions for logging pilot time in aircraft as specified in § 61.51; (3) Obtain the aeronautical experience in a category and class of vehicle corresponding to the rating or privilege sought; and (4) Provide the FAA with a certified copy of his or her ultralight pilot records from an FAA-recognized ultralight organization, that — (i) Document that he or she is a registered ultralight pilot with that FAA-recognized ultralight organization; and (ii) Indicate that he or she is recognized to operate the category and class of aircraft for which sport pilot privileges are sought. | |||
| 14:14:2.0.1.1.2.1.1.35 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.53 Prohibition on operations during medical deficiency. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 69 FR 44866, July 27, 2004; Amdt. 61-124, 74 FR 42550, Aug. 21, 2009] | (a) Operations that require a medical certificate. Except as provided for in paragraph (b) of this section, no person who holds a medical certificate issued under part 67 of this chapter may act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person: (1) Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation; or (2) Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation. (b) Operations that do not require a medical certificate. For operations provided for in § 61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner. (c) Operations requiring a medical certificate or a U.S. driver's license. For operations provided for in § 61.23(c), a person must meet the provisions of— (1) Paragraph (a) of this section if that person holds a medical certificate issued under part 67 of this chapter and does not hold a U.S. driver's license. (2) Paragraph (b) of this section if that person holds a U.S. driver's license. | |||
| 14:14:2.0.1.1.2.1.1.36 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.55 Second-in-command qualifications. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, July 30, 1997; Amdt. 61-109, 68 FR 54559, Sept. 17, 2003; Amdt. 61-113, 70 FR 45271, Aug. 4, 2005; Amdt. 61-109, 70 FR 61890, Oct. 27, 2005; Amdt. 61-124, 74 FR 42550, Aug. 21, 2009; Amdt. 61-128, 76 FR 54105, Aug. 31, 2011; Amdt. 61-130, 78 FR 42374, July 15, 2013; Docket FAA-2018-0119, Amdt. 61-141, 83 FR 9170, Mar. 5, 2018; FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024] | (a) A person may serve as a second-in-command of an aircraft type certificated for more than one required pilot flight crewmember or in operations requiring a second-in-command pilot flight crewmember only if that person meets the following requirements: (1) Holds at least a private pilot certificate with the appropriate category and class rating; (2) Holds an instrument rating or privilege that applies to the aircraft being flown if the flight is under IFR; (3) Holds at least a pilot type rating for the aircraft being flown unless the flight will be conducted as domestic flight operations within the United States airspace; and (4) If serving as second-in-command of a powered-lift, satisfies the requirements specified in § 194.209 of this chapter. (b) Except as provided in paragraph (e) of this section, no person may serve as a second-in-command of an aircraft type certificated for more than one required pilot flight crewmember or in operations requiring a second-in-command unless that person has within the previous 12 calendar months: (1) Become familiar with the following information for the specific type aircraft for which second-in-command privileges are requested— (i) Operational procedures applicable to the powerplant, equipment, and systems. (ii) Performance specifications and limitations. (iii) Normal, abnormal, and emergency operating procedures. (iv) Flight manual. (v) Placards and markings. (2) Except as provided in paragraph (g) of this section, performed and logged pilot time in the type of aircraft or in a flight simulator that represents the type of aircraft for which second-in-command privileges are requested, which includes— (i) Three takeoffs and three landings to a full stop as the sole manipulator of the flight controls; (ii) Engine-out procedures and maneuvering with an engine out while executing the duties of pilot in command; and (iii) Crew resource management training. (c) If a person complies with the requirements in paragraph (b) of this section in the calendar month befo… | |||
| 14:14:2.0.1.1.2.1.1.37 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.56 Flight review. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, July 30, 1997; Amdt. 61-104, 63 FR 20287, Apr. 23, 1998; Amdt. 61-124, 74 FR 42550, Aug. 21, 2009; Amdt. 61-131, 78 FR 56828, Sept. 16, 2013; Docket FAA-2023-0825, Amdt. 61-155, 89 FR 80050, Oct. 1, 2024] | (a) Except as provided in paragraphs (b) and (f) of this section, a flight review consists of a minimum of 1 hour of flight training and 1 hour of ground training. The review must include: (1) A review of the current general operating and flight rules of part 91 of this chapter; and (2) A review of those maneuvers and procedures that, at the discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate. (b) Glider pilots may substitute a minimum of three instructional flights in a glider, each of which includes a flight to traffic pattern altitude, in lieu of the 1 hour of flight training required in paragraph (a) of this section. (c) Except as provided in paragraphs (d), (e), and (g) of this section, no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has— (1) Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor and (2) A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review. (d) A person who has, within the period specified in paragraph (c) of this section, passed any of the following need not accomplish the flight review required by this section: (1) A pilot proficiency check or practical test conducted by an examiner, an approved pilot check airman, or a U.S. Armed Force, for a pilot certificate, rating, or operating privilege. (2) A practical test conducted by an examiner for one of the following: (i) The issuance of a flight instructor certificate, (ii) An additional rating on a flight instructor certificate, (iii) To meet the recent experience requirements for a flight instructor certificate in accordance with § 61.197(b)(1); or (iv) The reinstatement of flight instructor privileges in accordance with § 61.199(b)(2). (e) A person who has, within t… | |||
| 14:14:2.0.1.1.2.1.1.38 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.57 Recent flight experience: Pilot in command. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40898, July 30, 1997] | (a) General experience. (1) Except as provided in paragraph (e) of this section, no person may act as a pilot in command of an aircraft carrying persons or of an aircraft certificated for more than one pilot flight crewmember unless that person has made at least three takeoffs and three landings within the preceding 90 days, and— (i) The person acted as the sole manipulator of the flight controls; and (ii) The required takeoffs and landings were performed in an aircraft of the same category, class, and type (if a class or type rating is required), and, if the aircraft to be flown is an airplane with a tailwheel, the takeoffs and landings must have been made to a full stop in an airplane with a tailwheel. (2) For the purpose of meeting the requirements of paragraph (a)(1) of this section, a person may act as a pilot in command of an aircraft under day VFR or day IFR, provided no persons or property are carried on board the aircraft, other than those necessary for the conduct of the flight. (3) The takeoffs and landings required by paragraph (a)(1) of this section may be accomplished in a full flight simulator or flight training device that is— (i) Approved by the Administrator for landings; and (ii) Used in accordance with an approved course conducted by a training center certificated under part 142 of this chapter. (b) Night takeoff and landing experience. (1) Except as provided in paragraph (e) of this section, no person may act as pilot in command of an aircraft carrying persons during the period beginning 1 hour after sunset and ending 1 hour before sunrise, unless within the preceding 90 days that person has made at least three takeoffs and three landings to a full stop during the period beginning 1 hour after sunset and ending 1 hour before sunrise, and— (i) That person acted as sole manipulator of the flight controls; and (ii) The required takeoffs and landings were performed in an aircraft of the same category, class, and type (if a class or type rating is required). (2) The takeoffs and land… | |||
| 14:14:2.0.1.1.2.1.1.39 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.58 Pilot-in-command proficiency check: Operation of an aircraft that requires more than one pilot flight crewmember or is turbojet-powered. | FAA | [Docket 25910, 62 FR 40899, July 30, 1997, as amended by Amdt. 61-109, 68 FR 54559, Sept. 17, 2003; Amdt. 61-112, 70 FR 54814, Sept. 16, 2005; Amdt. 61-128, 76 FR 54106, Aug. 31, 2011; 76 FR 63184, Oct. 12, 2011; Docket FAA-2022-1355, Amdt. 61-151, 87 FR 75845, Dec. 9, 2022; Docket FAA-2022-1463, Amdt. 61-153, 89 FR 22517, Apr. 1, 2024] | (a) Except as otherwise provided in this section, to serve as pilot in command of an aircraft that is type certificated for more than one required pilot flight crewmember or is turbojet-powered, a person must— (1) Within the preceding 12 calendar months, complete a pilot-in-command proficiency check in an aircraft that is type certificated for more than one required pilot flight crewmember or is turbojet-powered; and (2) Within the preceding 24 calendar months, complete a pilot-in-command proficiency check in the particular type of aircraft in which that person will serve as pilot in command, that is type certificated for more than one required pilot flight crewmember or is turbojet-powered. (b) This section does not apply to persons conducting operations under subpart K of part 91, part 121, 125, 133, 135, or 137 of this chapter, or persons maintaining continuing qualification under an Advanced Qualification program approved under subpart Y of part 121 of this chapter. (c) The pilot-in-command proficiency check given in accordance with the provisions of subpart K of part 91, part 121, 125, or 135 of this chapter may be used to satisfy the requirements of this section. (d) The pilot-in-command proficiency check required by paragraph (a) of this section may be accomplished by satisfactory completion of one of the following: (1) A pilot-in-command proficiency check conducted by a person authorized by the Administrator, consisting of the areas of operation contained in the applicable Airman Certification Standards or Practical Test Standards (incorporated by reference, see § 61.14); as listed in appendix A of this part appropriate to the rating held, in an aircraft that is type certificated for more than one pilot flight crewmember or is turbojet powered; (2) The practical test required for a type rating, in an aircraft that is type certificated for more than one required pilot flight crewmember or is turbojet-powered; (3) The initial or periodic practical test required for the issuance of a pilot examiner o… | |||
| 14:14:2.0.1.1.2.1.1.4 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.4 Qualification and approval of flight simulators and flight training devices. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40895, July 30, 1997] | (a) Except as specified in paragraph (b) or (c) of this section, each flight simulator and flight training device used for training, and for which an airman is to receive credit to satisfy any training, testing, or checking requirement under this chapter, must be qualified and approved by the Administrator for— (1) The training, testing, and checking for which it is used; (2) Each particular maneuver, procedure, or crewmember function performed; and (3) The representation of the specific category and class of aircraft, type of aircraft, particular variation within the type of aircraft, or set of aircraft for certain flight training devices. (b) Any device used for flight training, testing, or checking that has been determined to be acceptable to or approved by the Administrator prior to August 1, 1996, which can be shown to function as originally designed, is considered to be a flight training device, provided it is used for the same purposes for which it was originally accepted or approved and only to the extent of such acceptance or approval. (c) The Administrator may approve a device other than a flight simulator or flight training device for specific purposes. | |||
| 14:14:2.0.1.1.2.1.1.40 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.59 [Reserved] | FAA | |||||
| 14:14:2.0.1.1.2.1.1.41 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.60 Change of address. | FAA | The holder of a pilot, flight instructor, or ground instructor certificate who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the certificate unless the holder has notified in writing the FAA, Airman Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, of the new permanent mailing address, or if the permanent mailing address includes a post office box number, then the holder's current residential address. | ||||
| 14:14:2.0.1.1.2.1.1.5 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.5 Certificates and ratings issued under this part. | FAA | [Docket 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 69 FR 44864, July 27, 2004; Amdt. 61-113, 70 FR 45271, Aug. 4, 2005; Docket FAA-2023-1275, Amdt. 61-157, 89 FR 92484, Nov. 21, 2024] | (a) The following certificates are issued under this part to an applicant who satisfactorily accomplishes the training and certification requirements for the certificate sought: (1) Pilot certificates— (i) Student pilot. (ii) Sport pilot. (iii) Recreational pilot. (iv) Private pilot. (v) Commercial pilot. (vi) Airline transport pilot. (2) Flight instructor certificates. (3) Ground instructor certificates. (b) The following ratings are placed on a pilot certificate (other than student pilot) when an applicant satisfactorily accomplishes the training and certification requirements for the rating sought: (1) Aircraft category ratings— (i) Airplane. (ii) Rotorcraft. (iii) Glider. (iv) Lighter-than-air. (v) Powered-lift. (vi) Powered parachute. (vii) Weight-shift-control aircraft. (2) Airplane class ratings— (i) Single-engine land. (ii) Multiengine land. (iii) Single-engine sea. (iv) Multiengine sea. (3) Rotorcraft class ratings— (i) Helicopter. (ii) Gyroplane. (4) Lighter-than-air class ratings— (i) Airship. (ii) Balloon. (5) Weight-shift-control aircraft class ratings— (i) Weight-shift-control aircraft land. (ii) Weight-shift-control aircraft sea. (6) Powered parachute class ratings— (i) Powered parachute land. (ii) Powered parachute sea. (7) Aircraft type ratings— (i) Large aircraft other than lighter-than-air. (ii) Turbojet-powered airplanes. (iii) Powered-lift. (iv) Other aircraft type ratings specified by the Administrator through the aircraft type certification procedures. (8) Instrument ratings (on private and commercial pilot certificates only)— (i) Instrument—Airplane. (ii) Instrument—Helicopter. (iii) Instrument—Powered-lift. (9) Second-in-command pilot type rating for aircraft that is certificated for operations with a minimum crew of at least two pilots. (c) The following ratings are placed on a flight instructor certificate when an applicant satisfactorily accomplishes the training and certification requirements for the rating sought: (1) Aircraft category r… | |||
| 14:14:2.0.1.1.2.1.1.6 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.7 Obsolete certificates and ratings. | FAA | (a) The holder of a free-balloon pilot certificate issued before November 1, 1973, may not exercise the privileges of that certificate. (b) The holder of a pilot certificate that bears any of the following category ratings without an associated class rating may not exercise the privileges of that category rating: (1) Rotorcraft. (2) Lighter-than-air. (3) Helicopter. (4) Autogyro. | ||||
| 14:14:2.0.1.1.2.1.1.7 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.8 Inapplicability of unmanned aircraft operations. | FAA | [FAA-2020-1067, Amdt. 61-148, 85 FR 79825, Dec. 11, 2020] | Any action conducted pursuant to part 107 of this chapter cannot be used to meet the requirements of this part. | |||
| 14:14:2.0.1.1.2.1.1.8 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.9 Inapplicability of simplified flight controls aircraft experience credit. | FAA | [Docket FAA-2023-1377, Amdt. 61-159, 90 FR 35211, July 24, 2025] | Notwithstanding the requirements specified in § 61.51(c), any pilot time acquired while operating an airplane or helicopter with a simplified flight controls designation may not be used to satisfy the following aeronautical experience requirements for a private, commercial, or airline transport pilot certificate, except for private pilot applicants who present an aircraft with the simplified flight controls designation to conduct the practical test— (a) The solo flight time requirements in § 61.109(a)(5) or (c)(4); (b) The PIC flight time requirements in § 61.129(a)(2)(i) and (c)(2)(i); (c) The PIC flight time requirements in § 61.159(a)(5); and (d) The PIC flight time requirements in § 61.161(a)(3). | |||
| 14:14:2.0.1.1.2.1.1.9 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | A | Subpart A—General | § 61.11 Expired pilot certificates and re-issuance. | FAA | [Docket FAA-2006-26661, 74 FR 42547, Aug. 21, 2009] | (a) No person who holds an expired pilot certificate or rating may act as pilot in command or as a required pilot flight crewmember of an aircraft of the same category or class that is listed on that expired pilot certificate or rating. (b) The following pilot certificates and ratings have expired and will not be reissued: (1) An airline transport pilot certificate issued before May 1, 1949, or an airline transport pilot certificate that contains a horsepower limitation. (2) A private or commercial pilot certificate issued before July 1, 1945. (3) A pilot certificate with a lighter-than-air or free-balloon rating issued before July 1, 1945. (c) An airline transport pilot certificate that was issued after April 30, 1949, and that bears an expiration date but does not contain a horsepower limitation, may have that airline transport pilot certificate re-issued without an expiration date. (d) A private or commercial pilot certificate that was issued after June 30, 1945, and that bears an expiration date, may have that pilot certificate reissued without an expiration date. (e) A pilot certificate with a lighter-than-air or free-balloon rating that was issued after June 30, 1945, and that bears an expiration date, may have that pilot certificate reissued without an expiration date. | |||
| 14:14:2.0.1.1.2.10.1.1 | 14 | Aeronautics and Space | I | D | 61 | PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS | J | Subpart J—Sport Pilots | § 61.301 What is the purpose of this subpart and to whom does it apply? | FAA | [Docket FAA-2001-11133, 69 FR 44869, July 27, 2004, as amended by Amdt. 61-125, 75 FR 5221, Feb. 1, 2010] | (a) This subpart prescribes the following requirements that apply to a sport pilot certificate: (1) Eligibility. (2) Aeronautical knowledge. (3) Flight proficiency. (4) Aeronautical experience. (5) Endorsements. (6) Privileges and limits. (b) Other provisions of this part apply to the logging of flight time and testing. (c) This subpart applies to applicants for, and holders of, sport pilot certificates. It also applies to holders of recreational pilot certificates and higher, as provided in § 61.303. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);