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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:2.0.1.1.5.1.1.1 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | A | Subpart A—General | § 67.1 Applicability. | FAA | This part prescribes the medical standards and certification procedures for issuing medical certificates for airmen and for remaining eligible for a medical certificate. | ||||
| 14:14:2.0.1.1.5.1.1.2 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | A | Subpart A—General | § 67.3 Issue. | FAA | [Docket FAA-2007-27812, 73 FR 43065, July 24, 2008] | A person who meets the medical standards prescribed in this part, based on medical examination and evaluation of the person's history and condition, is entitled to an appropriate medical certificate. | |||
| 14:14:2.0.1.1.5.1.1.3 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | A | Subpart A—General | § 67.4 Application. | FAA | [Docket FAA-2007-27812, 73 FR 43065, July 24, 2008, as amended by Docket FAA-2022-1355, Amdt. 67-22, 87 FR 75845, Dec. 9, 2022] | An applicant for first-, second- and third-class medical certification must: (a) Apply on a form and in a manner prescribed by the Administrator; (b) Be examined by an aviation medical examiner designated in accordance with part 183 of this chapter. An applicant may obtain a list of aviation medical examiners from the FAA Office of Aerospace Medicine homepage on the FAA Web site, from any FAA Regional Flight Surgeon, or by contacting the Manager of the Aerospace Medical Education Division, P.O. Box 25082, Oklahoma City, Oklahoma 73125. (c) Show proof of age and identity by presenting a government-issued photo identification (such as a valid U.S. driver's license, identification card issued by a driver's license authority, military identification, or passport). If an applicant does not have government-issued identification, he or she may use non-photo, government-issued identification (such as a birth certificate or voter registration card) in conjunction with photo identification (such as a work identification card or a student identification card). | |||
| 14:14:2.0.1.1.5.1.1.4 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | A | Subpart A—General | § 67.7 Access to the National Driver Register. | FAA | At the time of application for a certificate issued under this part, each person who applies for a medical certificate shall execute an express consent form authorizing the Administrator to request the chief driver licensing official of any state designated by the Administrator to transmit information contained in the National Driver Register about the person to the Administrator. The Administrator shall make information received from the National Driver Register, if any, available on request to the person for review and written comment. | ||||
| 14:14:2.0.1.1.5.2.1.1 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.101 Eligibility. | FAA | To be eligible for a first-class airman medical certificate, and to remain eligible for a first-class airman medical certificate, a person must meet the requirements of this subpart. | ||||
| 14:14:2.0.1.1.5.2.1.2 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.103 Eye. | FAA | Eye standards for a first-class airman medical certificate are: (a) Distant visual acuity of 20/20 or better in each eye separately, with or without corrective lenses. If corrective lenses (spectacles or contact lenses) are necessary for 20/20 vision, the person may be eligible only on the condition that corrective lenses are worn while exercising the privileges of an airman certificate. (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches in each eye separately, with or without corrective lenses. If age 50 or older, near vision of 20/40 or better, Snellen equivalent, at both 16 inches and 32 inches in each eye separately, with or without corrective lenses. (c) Ability to perceive those colors necessary for the safe performance of airman duties. (d) Normal fields of vision. (e) No acute or chronic pathological condition of either eye or adnexa that interferes with the proper function of an eye, that may reasonably be expected to progress to that degree, or that may reasonably be expected to be aggravated by flying. (f) Bifoveal fixation and vergence-phoria relationship sufficient to prevent a break in fusion under conditions that may reasonably be expected to occur in performing airman duties. Tests for the factors named in this paragraph are not required except for persons found to have more than 1 prism diopter of hyperphoria, 6 prism diopters of esophoria, or 6 prism diopters of exophoria. If any of these values are exceeded, the Federal Air Surgeon may require the person to be examined by a qualified eye specialist to determine if there is bifoveal fixation and an adequate vergence-phoria relationship. However, if otherwise eligible, the person is issued a medical certificate pending the results of the examination. | ||||
| 14:14:2.0.1.1.5.2.1.3 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.105 Ear, nose, throat, and equilibrium. | FAA | Ear, nose, throat, and equilibrium standards for a first-class airman medical certificate are: (a) The person shall demonstrate acceptable hearing by at least one of the following tests: (1) Demonstrate an ability to hear an average conversational voice in a quiet room, using both ears, at a distance of 6 feet from the examiner, with the back turned to the examiner. (2) Demonstrate an acceptable understanding of speech as determined by audiometric speech discrimination testing to a score of at least 70 percent obtained in one ear or in a sound field environment. (3) Provide acceptable results of pure tone audiometric testing of unaided hearing acuity according to the following table of worst acceptable thresholds, using the calibration standards of the American National Standards Institute, 1969 (11 West 42d Street, New York, NY 10036): (b) No disease or condition of the middle or internal ear, nose, oral cavity, pharynx, or larynx that— (1) Interferes with, or is aggravated by, flying or may reasonably be expected to do so; or (2) Interferes with, or may reasonably be expected to interfere with, clear and effective speech communication. (c) No disease or condition manifested by, or that may reasonably be expected to be manifested by, vertigo or a disturbance of equilibrium. | ||||
| 14:14:2.0.1.1.5.2.1.4 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.107 Mental. | FAA | [Docket 27940, 61 FR 11256, Mar. 19, 1996, as amended by Amdt. 67-19, 71 FR 35764, June 21, 2006] | Mental standards for a first-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) A personality disorder that is severe enough to have repeatedly manifested itself by overt acts. (2) A psychosis. As used in this section, “psychosis” refers to a mental disorder in which: (i) The individual has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of this condition; or (ii) The individual may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of this condition. (3) A bipolar disorder. (4) Substance dependence, except where there is established clinical evidence, satisfactory to the Federal Air Surgeon, of recovery, including sustained total abstinence from the substance(s) for not less than the preceding 2 years. As used in this section— (i) “Substance” includes: Alcohol; other sedatives and hypnotics; anxiolytics; opioids; central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics; hallucinogens; phencyclidine or similarly acting arylcyclohexylamines; cannabis; inhalants; and other psychoactive drugs and chemicals; and (ii) “Substance dependence” means a condition in which a person is dependent on a substance, other than tobacco or ordinary xanthine-containing (e.g., caffeine) beverages, as evidenced by— (A) Increased tolerance; (B) Manifestation of withdrawal symptoms; (C) Impaired control of use; or (D) Continued use despite damage to physical health or impairment of social, personal, or occupational functioning. (b) No substance abuse within the preceding 2 years defined as: (1) Use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous; (2) A verified positive drug test result, an… | |||
| 14:14:2.0.1.1.5.2.1.5 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.109 Neurologic. | FAA | Neurologic standards for a first-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) Epilepsy; (2) A disturbance of consciousness without satisfactory medical explanation of the cause; or (3) A transient loss of control of nervous system function(s) without satisfactory medical explanation of the cause. (b) No other seizure disorder, disturbance of consciousness, or neurologic condition that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the condition involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. | ||||
| 14:14:2.0.1.1.5.2.1.6 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.111 Cardiovascular. | FAA | Cardiovascular standards for a first-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) Myocardial infarction; (2) Angina pectoris; (3) Coronary heart disease that has required treatment or, if untreated, that has been symptomatic or clinically significant; (4) Cardiac valve replacement; (5) Permanent cardiac pacemaker implantation; or (6) Heart replacement; (b) A person applying for first-class medical certification must demonstrate an absence of myocardial infarction and other clinically significant abnormality on electrocardiographic examination: (1) At the first application after reaching the 35th birthday; and (2) On an annual basis after reaching the 40th birthday. (c) An electrocardiogram will satisfy a requirement of paragraph (b) of this section if it is dated no earlier than 60 days before the date of the application it is to accompany and was performed and transmitted according to acceptable standards and techniques. | ||||
| 14:14:2.0.1.1.5.2.1.7 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.113 General medical condition. | FAA | The general medical standards for a first-class airman medical certificate are: (a) No established medical history or clinical diagnosis of diabetes mellitus that requires insulin or any other hypoglycemic drug for control. (b) No other organic, functional, or structural disease, defect, or limitation that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the condition involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. (c) No medication or other treatment that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the medication or other treatment involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. | ||||
| 14:14:2.0.1.1.5.2.1.8 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | B | Subpart B—First-Class Airman Medical Certificate | § 67.115 Discretionary issuance. | FAA | A person who does not meet the provisions of §§ 67.103 through 67.113 may apply for the discretionary issuance of a certificate under § 67.401. | ||||
| 14:14:2.0.1.1.5.3.1.1 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.201 Eligibility. | FAA | To be eligible for a second-class airman medical certificate, and to remain eligible for a second-class airman medical certificate, a person must meet the requirements of this subpart. | ||||
| 14:14:2.0.1.1.5.3.1.2 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.203 Eye. | FAA | Eye standards for a second-class airman medical certificate are: (a) Distant visual acuity of 20/20 or better in each eye separately, with or without corrective lenses. If corrective lenses (spectacles or contact lenses) are necessary for 20/20 vision, the person may be eligible only on the condition that corrective lenses are worn while exercising the privileges of an airman certificate. (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches in each eye separately, with or without corrective lenses. If age 50 or older, near vision of 20/40 or better, Snellen equivalent, at both 16 inches and 32 inches in each eye separately, with or without corrective lenses. (c) Ability to perceive those colors necessary for the safe performance of airman duties. (d) Normal fields of vision. (e) No acute or chronic pathological condition of either eye or adnexa that interferes with the proper function of an eye, that may reasonably be expected to progress to that degree, or that may reasonably be expected to be aggravated by flying. (f) Bifoveal fixation and vergence-phoria relationship sufficient to prevent a break in fusion under conditions that may reasonably be expected to occur in performing airman duties. Tests for the factors named in this paragraph are not required except for persons found to have more than 1 prism diopter of hyperphoria, 6 prism diopters of esophoria, or 6 prism diopters of exophoria. If any of these values are exceeded, the Federal Air Surgeon may require the person to be examined by a qualified eye specialist to determine if there is bifoveal fixation and an adequate vergence-phoria relationship. However, if otherwise eligible, the person is issued a medical certificate pending the results of the examination. | ||||
| 14:14:2.0.1.1.5.3.1.3 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.205 Ear, nose, throat, and equilibrium. | FAA | Ear, nose, throat, and equilibrium standards for a second-class airman medical certificate are: (a) The person shall demonstrate acceptable hearing by at least one of the following tests: (1) Demonstrate an ability to hear an average conversational voice in a quiet room, using both ears, at a distance of 6 feet from the examiner, with the back turned to the examiner. (2) Demonstrate an acceptable understanding of speech as determined by audiometric speech discrimination testing to a score of at least 70 percent obtained in one ear or in a sound field environment. (3) Provide acceptable results of pure tone audiometric testing of unaided hearing acuity according to the following table of worst acceptable thresholds, using the calibration standards of the American National Standards Institute, 1969: (b) No disease or condition of the middle or internal ear, nose, oral cavity, pharynx, or larynx that— (1) Interferes with, or is aggravated by, flying or may reasonably be expected to do so; or (2) Interferes with, or may reasonably be expected to interfere with, clear and effective speech communication. (c) No disease or condition manifested by, or that may reasonably be expected to be manifested by, vertigo or a disturbance of equilibrium. | ||||
| 14:14:2.0.1.1.5.3.1.4 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.207 Mental. | FAA | [Docket 27940, 61 FR 11256, Mar. 19, 1996, as amended by Amdt. 67-19, 71 FR 35764, June 21, 2006] | Mental standards for a second-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) A personality disorder that is severe enough to have repeatedly manifested itself by overt acts. (2) A psychosis. As used in this section, “psychosis” refers to a mental disorder in which: (i) The individual has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of this condition; or (ii) The individual may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of this condition. (3) A bipolar disorder. (4) Substance dependence, except where there is established clinical evidence, satisfactory to the Federal Air Surgeon, of recovery, including sustained total abstinence from the substance(s) for not less than the preceding 2 years. As used in this section— (i) “Substance” includes: Alcohol; other sedatives and hypnotics; anxiolytics; opioids; central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics; hallucinogens; phencyclidine or similarly acting arylcyclohexylamines; cannabis; inhalants; and other psychoactive drugs and chemicals; and (ii) “Substance dependence” means a condition in which a person is dependent on a substance, other than tobacco or ordinary xanthine-containing (e.g., caffeine) beverages, as evidenced by— (A) Increased tolerance; (B) Manifestation of withdrawal symptoms; (C) Impaired control of use; or (D) Continued use despite damage to physical health or impairment of social, personal, or occupational functioning. (b) No substance abuse within the preceding 2 years defined as: (1) Use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous; (2) A verified positive drug test result, a… | |||
| 14:14:2.0.1.1.5.3.1.5 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.209 Neurologic. | FAA | Neurologic standards for a second-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) Epilepsy; (2) A disturbance of consciousness without satisfactory medical explanation of the cause; or (3) A transient loss of control of nervous system function(s) without satisfactory medical explanation of the cause; (b) No other seizure disorder, disturbance of consciousness, or neurologic condition that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the condition involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. | ||||
| 14:14:2.0.1.1.5.3.1.6 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.211 Cardiovascular. | FAA | Cardiovascular standards for a second-class medical certificate are no established medical history or clinical diagnosis of any of the following: (a) Myocardial infarction; (b) Angina pectoris; (c) Coronary heart disease that has required treatment or, if untreated, that has been symptomatic or clinically significant; (d) Cardiac valve replacement; (e) Permanent cardiac pacemaker implantation; or (f) Heart replacement. | ||||
| 14:14:2.0.1.1.5.3.1.7 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.213 General medical condition. | FAA | The general medical standards for a second-class airman medical certificate are: (a) No established medical history or clinical diagnosis of diabetes mellitus that requires insulin or any other hypoglycemic drug for control. (b) No other organic, functional, or structural disease, defect, or limitation that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the condition involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. (c) No medication or other treatment that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the medication or other treatment involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. | ||||
| 14:14:2.0.1.1.5.3.1.8 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | C | Subpart C—Second-Class Airman Medical Certificate | § 67.215 Discretionary issuance. | FAA | A person who does not meet the provisions of §§ 67.203 through 67.213 may apply for the discretionary issuance of a certificate under § 67.401. | ||||
| 14:14:2.0.1.1.5.4.1.1 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.301 Eligibility. | FAA | To be eligible for a third-class airman medical certificate, or to remain eligible for a third-class airman medical certificate, a person must meet the requirements of this subpart. | ||||
| 14:14:2.0.1.1.5.4.1.2 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.303 Eye. | FAA | Eye standards for a third-class airman medical certificate are: (a) Distant visual acuity of 20/40 or better in each eye separately, with or without corrective lenses. If corrective lenses (spectacles or contact lenses) are necessary for 20/40 vision, the person may be eligible only on the condition that corrective lenses are worn while exercising the privileges of an airman certificate. (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches in each eye separately, with or without corrective lenses. (c) Ability to perceive those colors necessary for the safe performance of airman duties. (d) No acute or chronic pathological condition of either eye or adnexa that interferes with the proper function of an eye, that may reasonably be expected to progress to that degree, or that may reasonably be expected to be aggravated by flying. | ||||
| 14:14:2.0.1.1.5.4.1.3 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.305 Ear, nose, throat, and equilibrium. | FAA | Ear, nose, throat, and equilibrium standards for a third-class airman medical certificate are: (a) The person shall demonstrate acceptable hearing by at least one of the following tests: (1) Demonstrate an ability to hear an average conversational voice in a quiet room, using both ears, at a distance of 6 feet from the examiner, with the back turned to the examiner. (2) Demonstrate an acceptable understanding of speech as determined by audiometric speech discrimination testing to a score of at least 70 percent obtained in one ear or in a sound field environment. (3) Provide acceptable results of pure tone audiometric testing of unaided hearing acuity according to the following table of worst acceptable thresholds, using the calibration standards of the American National Standards Institute, 1969: (b) No disease or condition of the middle or internal ear, nose, oral cavity, pharynx, or larynx that— (1) Interferes with, or is aggravated by, flying or may reasonably be expected to do so; or (2) Interferes with clear and effective speech communication. (c) No disease or condition manifested by, or that may reasonably be expected to be manifested by, vertigo or a disturbance of equilibrium. | ||||
| 14:14:2.0.1.1.5.4.1.4 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.307 Mental. | FAA | [Docket 27940, 61 FR 11256, Mar. 19, 1996, as amended by Amdt. 67-19, 71 FR 35764, June 21, 2006] | Mental standards for a third-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) A personality disorder that is severe enough to have repeatedly manifested itself by overt acts. (2) A psychosis. As used in this section, “psychosis” refers to a mental disorder in which— (i) The individual has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of this condition; or (ii) The individual may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of this condition. (3) A bipolar disorder. (4) Substance dependence, except where there is established clinical evidence, satisfactory to the Federal Air Surgeon, of recovery, including sustained total abstinence from the substance(s) for not less than the preceding 2 years. As used in this section— (i) “Substance” includes: alcohol; other sedatives and hypnotics; anxiolytics; opioids; central nervous system stimulants such as cocaine, amphetamines, and similarly acting sympathomimetics; hallucinogens; phencyclidine or similarly acting arylcyclohexylamines; cannabis; inhalants; and other psychoactive drugs and chemicals; and (ii) “Substance dependence” means a condition in which a person is dependent on a substance, other than tobacco or ordinary xanthine-containing (e.g., caffeine) beverages, as evidenced by— (A) Increased tolerance; (B) Manifestation of withdrawal symptoms; (C) Impaired control of use; or (D) Continued use despite damage to physical health or impairment of social, personal, or occupational functioning. (b) No substance abuse within the preceding 2 years defined as: (1) Use of a substance in a situation in which that use was physically hazardous, if there has been at any other time an instance of the use of a substance also in a situation in which that use was physically hazardous; (2) A verified positive drug test result, an… | |||
| 14:14:2.0.1.1.5.4.1.5 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.309 Neurologic. | FAA | Neurologic standards for a third-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) Epilepsy; (2) A disturbance of consciousness without satisfactory medical explanation of the cause; or (3) A transient loss of control of nervous system function(s) without satisfactory medical explanation of the cause. (b) No other seizure disorder, disturbance of consciousness, or neurologic condition that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the condition involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. | ||||
| 14:14:2.0.1.1.5.4.1.6 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.311 Cardiovascular. | FAA | Cardiovascular standards for a third-class airman medical certificate are no established medical history or clinical diagnosis of any of the following: (a) Myocardial infarction; (b) Angina pectoris; (c) Coronary heart disease that has required treatment or, if untreated, that has been symptomatic or clinically significant; (d) Cardiac valve replacement; (e) Permanent cardiac pacemaker implantation; or (f) Heart replacement. | ||||
| 14:14:2.0.1.1.5.4.1.7 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.313 General medical condition. | FAA | The general medical standards for a third-class airman medical certificate are: (a) No established medical history or clinical diagnosis of diabetes mellitus that requires insulin or any other hypoglycemic drug for control. (b) No other organic, functional, or structural disease, defect, or limitation that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the condition involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. (c) No medication or other treatment that the Federal Air Surgeon, based on the case history and appropriate, qualified medical judgment relating to the medication or other treatment involved, finds— (1) Makes the person unable to safely perform the duties or exercise the privileges of the airman certificate applied for or held; or (2) May reasonably be expected, for the maximum duration of the airman medical certificate applied for or held, to make the person unable to perform those duties or exercise those privileges. | ||||
| 14:14:2.0.1.1.5.4.1.8 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | D | Subpart D—Third-Class Airman Medical Certificate | § 67.315 Discretionary issuance. | FAA | A person who does not meet the provisions of §§ 67.303 through 67.313 may apply for the discretionary issuance of a certificate under § 67.401. | ||||
| 14:14:2.0.1.1.5.5.1.1 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.401 Special issuance of medical certificates. | FAA | [Docket 27940, 61 FR 11256, Mar. 19, 1996, as amended by Amdt. 67-20, 73 FR 43066, July 24, 2008; Amdt. 67-21, 77 FR 16668, Mar. 22, 2012; Amdt. 67-23, 90 FR 42525, Sept. 3, 2025] | (a) At the discretion of the Federal Air Surgeon, an Authorization for Special Issuance of a Medical Certificate (Authorization), valid for a specified period, may be granted to a person who does not meet the provisions of subparts B, C, or D of this part if the person shows to the satisfaction of the Federal Air Surgeon that the duties authorized by the class of medical certificate applied for can be performed without endangering public safety during the period in which the Authorization would be in force. The Federal Air Surgeon may authorize a special medical flight test, practical test, or medical evaluation for this purpose. A medical certificate of the appropriate class may be issued to a person who does not meet the provisions of subparts B, C, or D of this part if that person possesses a valid Authorization and is otherwise eligible. An airman medical certificate issued in accordance with this section shall expire no later than the end of the validity period or upon the withdrawal of the Authorization upon which it is based. At the end of its specified validity period, for grant of a new Authorization, the person must again show to the satisfaction of the Federal Air Surgeon that the duties authorized by the class of medical certificate applied for can be performed without endangering public safety during the period in which the Authorization would be in force. (b) At the discretion of the Federal Air Surgeon, a Statement of Demonstrated Ability (SODA) may be granted, instead of an Authorization, to a person whose disqualifying condition is static or nonprogressive and who has been found capable of performing airman duties without endangering public safety. A SODA does not expire and authorizes a designated aviation medical examiner to issue a medical certificate of a specified class if the examiner finds that the condition described on its face has not adversely changed. (c) In granting an Authorization or SODA, the Federal Air Surgeon may consider the person's operational experience and any medical fa… | |||
| 14:14:2.0.1.1.5.5.1.2 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.403 [Reserved] | FAA | |||||
| 14:14:2.0.1.1.5.5.1.3 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.405 Medical examinations: Who may perform? | FAA | [Docket FAA-2007-27812, 73 FR 43066, July 24, 2008] | (a) First-class. Any aviation medical examiner who is specifically designated for the purpose may perform examinations for the first-class medical certificate. (b) Second- and third-class. Any aviation medical examiner may perform examinations for the second-or third-class medical certificate. | |||
| 14:14:2.0.1.1.5.5.1.4 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.407 Delegation of authority. | FAA | (a) The authority of the Administrator under 49 U.S.C. 44703 to issue or deny medical certificates is delegated to the Federal Air Surgeon to the extent necessary to— (1) Examine applicants for and holders of medical certificates to determine whether they meet applicable medical standards; and (2) Issue, renew, and deny medical certificates, and issue, renew, deny, and withdraw Authorizations for Special Issuance of a Medical Certificate and Statements of Demonstrated Ability to a person based upon meeting or failing to meet applicable medical standards. (b) Subject to limitations in this chapter, the delegated functions of the Federal Air Surgeon to examine applicants for and holders of medical certificates for compliance with applicable medical standards and to issue, renew, and deny medical certificates are also delegated to aviation medical examiners and to authorized representatives of the Federal Air Surgeon within the FAA. (c) The authority of the Administrator under 49 U.S.C. 44702, to reconsider the action of an aviation medical examiner is delegated to the Federal Air Surgeon; the Manager, Aeromedical Certification Division; and each Regional Flight Surgeon. Where the person does not meet the standards of §§ 67.107(b)(3) and (c), 67.109(b), 67.113(b) and (c), 67.207(b)(3) and (c), 67.209(b), 67.213(b) and (c), 67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c), any action taken under this paragraph other than by the Federal Air Surgeon is subject to reconsideration by the Federal Air Surgeon. A certificate issued by an aviation medical examiner is considered to be affirmed as issued unless an FAA official named in this paragraph (authorized official) reverses that issuance within 60 days after the date of issuance. However, if within 60 days after the date of issuance an authorized official requests the certificate holder to submit additional medical information, an authorized official may reverse the issuance within 60 days after receipt of the requested information. (d) The authority of the Ad… | ||||
| 14:14:2.0.1.1.5.5.1.5 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.409 Denial of medical certificate. | FAA | [Docket 27940, 61 FR 11256, Mar. 19, 1996, as amended by Docket FAA-2022-1355, Amdt. 67-22, 87 FR 75845, Dec. 9, 2022] | (a) Any person who is denied a medical certificate by an aviation medical examiner may, within 30 days after the date of the denial, apply in writing to the Federal Air Surgeon, Attention: Manager, Aeromedical Certification Division, AAM-300, Federal Aviation Administration, P.O. Box 25082, Oklahoma City, Oklahoma 73126, for reconsideration of that denial. If the person does not ask for reconsideration during the 30-day period after the date of the denial, he or she is considered to have withdrawn the application for a medical certificate. (b) The denial of a medical certificate— (1) By an aviation medical examiner is not a denial by the Administrator under 49 U.S.C. 44703. (2) By the Federal Air Surgeon is considered to be a denial by the Administrator under 49 U.S.C. 44703. (3) By the Manager, Aeromedical Certification Division, or a Regional Flight Surgeon is considered to be a denial by the Administrator under 49 U.S.C. 44703 except where the person does not meet the standards of §§ 67.107(b)(3) and (c), 67.109(b), or 67.113(b) and (c); 67.207(b)(3) and (c), 67.209(b), or 67.213(b) and (c); or 67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c). (c) Any action taken under § 67.407(c) that wholly or partly reverses the issue of a medical certificate by an aviation medical examiner is the denial of a medical certificate under paragraph (b) of this section. (d) If the issue of a medical certificate is wholly or partly reversed by the Federal Air Surgeon; the Manager, Aeromedical Certification Division; or a Regional Flight Surgeon, the person holding that certificate shall surrender it, upon request of the FAA. | |||
| 14:14:2.0.1.1.5.5.1.6 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.411 [Reserved] | FAA | |||||
| 14:14:2.0.1.1.5.5.1.7 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.413 Medical records. | FAA | [Docket FAA-2007-27812, 73 FR 43066, July 24, 2008] | (a) Whenever the Administrator finds that additional medical information or history is necessary to determine whether you meet the medical standards required to hold a medical certificate, you must: (1) Furnish that information to the FAA; or (2) Authorize any clinic, hospital, physician, or other person to release to the FAA all available information or records concerning that history. (b) If you fail to provide the requested medical information or history or to authorize its release, the FAA may suspend, modify, or revoke your medical certificate or, in the case of an applicant, deny the application for a medical certificate. (c) If your medical certificate is suspended, modified, or revoked under paragraph (b) of this section, that suspension or modification remains in effect until you provide the requested information, history, or authorization to the FAA and until the FAA determines that you meet the medical standards set forth in this part. | |||
| 14:14:2.0.1.1.5.5.1.8 | 14 | Aeronautics and Space | I | D | 67 | PART 67—MEDICAL STANDARDS AND CERTIFICATION | E | Subpart E—Certification Procedures | § 67.415 Return of medical certificate after suspension or revocation. | FAA | The holder of any medical certificate issued under this part that is suspended or revoked shall, upon the Administrator's request, return it to the Administrator. | ||||
| 33:33:1.0.1.3.29.1.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.01 | Subpart 67.01—General Requirements | § 67.01-1 Scope. | USCG | (a) The regulations in this part prescribe the obstruction lights and sound signals to be operated as privately maintained maritime aids to navigation on the artificial islands and structures which are erected on or over the seabed and subsoil of the Outer Continental Shelf and in the waters under the jurisdiction of the United States, for the purpose of exploring for, developing, removing and transporting resources therefrom. (b) Subpart 66.01 in Part 66 of this subchapter shall be applicable to all private aids to navigation erected on or over the Outer Continental Shelf in the same manner and to the same extent as they are applicable to private aids to navigation established, erected, or maintained in the waters under the jurisdiction of the United States. | ||||
| 33:33:1.0.1.3.29.1.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.01 | Subpart 67.01—General Requirements | § 67.01-5 Definitions. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 63-18, 28 FR 4026, Apr. 14, 1963; USCG-2001-10714, 69 FR 24983, May 5, 2004] | (a) Structures. The term “structures” as used in this part shall include all fixed structures, temporary or permanent, for which a Corps of Engineers' permit is issued. It shall include, but is not necessarily limited to, all drilling platforms, Mobile Offshore Drilling Units (MODUs) when attached to the bottom, production platforms, quarters platforms, pipe line riser platforms, manifold platforms, loading platforms, boat landings, caissons, well protective structures, tank battery barges submerged on station, drilling barges submerged on location, breakwater barges submerged on location, artificial islands and all other piles, pile clusters, pipes, or structures erected in the waters. (b) Class “A”, “B”, or “C” structures. The term “Class A, B, or C structures” refers to the classification assigned to structures erected in areas in which corresponding requirements for marking are prescribed. (c) Line of demarcation. The term “line of demarcation” means the dividing line used administratively to distinguish between the areas in which structures shall conform to Class “A” and Class “B” or “C” requirements. (d) Outer Continental Shelf. The term “Outer Continental Shelf” means all submerged lands lying seaward and outside the area of lands beneath navigable waters as defined in the Submerged Lands Act (sec. 2, 67 Stat. 29, 43 U. S. C. 1301), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control. (e) Reliable operation. The term “reliable” as used in this part shall mean that dependability which will insure to the highest degree reasonably possible the uninterrupted operation of lights and sound signals as private aids to navigation for safety of marine commerce. (f) Sound signal. The term “sound signal” as used in this part shall mean the audible sound signal, authorized as a private aid to navigation, to mark a structure for the safety of marine commerce whenever the visibility has been reduced by fog, mist, rain, falling snow, smoke, du… | |||
| 33:33:1.0.1.3.29.1.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.01 | Subpart 67.01—General Requirements | § 67.01-10 Delegation of functions. | USCG | [USCG-2001-10714, 69 FR 24983, May 5, 2004] | The Coast Guard District Commander may delegate the authority for performing inspections, enforcement, and administration of regulations to any civilian or military position in the Coast Guard. | |||
| 33:33:1.0.1.3.29.1.1.4 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.01 | Subpart 67.01—General Requirements | § 67.01-15 Classification of structures. | USCG | [USCG-2001-10714, 69 FR 24983, May 5, 2004] | (a) When will structures be assigned to a Class? The District Commander will assign structures to Class A, B, or C as part of processing an application for a permit to establish and operate lights and sound signals. (b) In general, where will the different classes of structures be located? Specific criteria in paragraph (c) of this section may create exceptions, but, in general, structures the farthest from shore are likely to be assigned to Class A and required to have obstruction lights and sound signals that can be detected from the farthest distance. Structures closest to shore are likely to be assigned to Class C and, while subject to requirements to ensure that they are also detectable from a safe distance away, will be required to have the least powerful obstruction lights or sound signals. The location and standards for Class B structures will generally be in between Class A and C structures. (c) What criteria will be used to classify structures? When assigning a structure to a class, the District Commander will take into consideration whether a line of demarcation has been prescribed, and matters concerning, but not necessarily limited to, the dimensions of the structure and the depth of water in which it is located, the proximity of the structure to vessel routes, the nature and amount of vessel traffic, and the effect of background lighting. (1) If a line of demarcation has been prescribed, the District Commander will assign those structures seaward of the line of demarcation to Class A. He or she will assign all structures shoreward of the line of demarcation to either Class B or Class C, unless the District Commander determines under § 67.05-25 that the structure should be assigned to Class A because of the structure's proximity to a navigable channel, fairway or line of demarcation. (2) If a line of demarcation has not been prescribed, the District Commander will assign a structure to Class A, B, or C as he or she deems appropriate. | |||
| 33:33:1.0.1.3.29.1.1.5 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.01 | Subpart 67.01—General Requirements | § 67.01-20 Prescribing lines of demarcation. | USCG | [USCG-2001-10714, 69 FR 24983, May 5, 2004] | The District Commander sends recommendations for establishing or changing lines of demarcation to the Commandant. For the purposes of this part, when the Commandant approves of additions to or changes in prescribed lines of demarcation, such additions or changes will be published in the Federal Register and will become effective on the date specified in that publication. | |||
| 33:33:1.0.1.3.29.1.1.6 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.01 | Subpart 67.01—General Requirements | § 67.01-30 Equivalents. | USCG | The use of alternate equipment, apparatus, or installation arrangements specified in this part may be permitted by the District Commander to such extent and under such conditions as will result in achieving a degree of safety or compliance with these regulations equivalent to or above the minimum requirements set forth in this part. | ||||
| 33:33:1.0.1.3.29.10.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-1 Scope. | USCG | [CGD 86-082, 52 FR 33810, Sept. 8, 1987] | (a) The regulations in this subpart shall apply to the structures which are located within the boundaries of the Coast Guard districts hereinafter defined. (b) Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used. | |||
| 33:33:1.0.1.3.29.10.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-5 USCG Northeast District. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961] | (a) Description. See § 3.05-1 of this chapter. (b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.01-20. | |||
| 33:33:1.0.1.3.29.10.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-15 USCG East District. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961] | (a) Description. See § 3.25-1 of this chapter. (b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.01-20. | |||
| 33:33:1.0.1.3.29.10.1.4 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-20 USCG Southeast District. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961] | (a) Description. See § 3.35-1 of this chapter. (b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.01-20. | |||
| 33:33:1.0.1.3.29.10.1.5 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-25 USCG Heartland District. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961; CGFR 65-34, 30 FR 9485, July 29, 1965; CGFR 68-95, 33 FR 15285, Oct. 15, 1968; USCG-2000-7223, 65 FR 40055, June 29, 2000; USCG-2001-9286, 66 FR 33640, June 25, 2001; USCG-2024-1103, 90 FR 52876, Nov. 24, 2024] | (a) Description. See § 3.40-1 of this chapter. (b) Lines of demarcation. The two lines of demarcation described in this section are for administrative purposes to distinguish between the areas in which structures shall be subject to Class “A”, “B” or “C” requirements. The primary line of demarcation delimits the areas to the seaward of which Class “A” requirements are imposed. The secondary line of demarcation delimits the areas to the shoreward of which Class “C” requirements are imposed. In those areas where no secondary line of demarcation is prescribed, the structures shoreward of the primary line of demarcation are considered to be Class “C” structures. Class “B” requirements are imposed on the structures in the areas between the two lines of demarcation. (1) The coordinates of the primary line of demarcation within the jurisdiction of the District Commander are as follows: (i) Commencing at a point at Lat. 30°11′.3 N., Long. 88°03′.0 W., thence to; (ii) A point at Lat. 30°11′.5 N., Long. 88°31′.7 W., thence to; (iii) A point at Lat. 30°12′.7 N., Long. 88°58′.0 W., thence to; (iv) A point due west of (iii) at Long. 89°00′ W., thence to; (v) A point at Lat. 30°08′.0 N., Long. 89°00′ W., thence to; (vi) A point at Lat. 30°04′.7 N., Long. 88°53′.7 W., thence via a line two miles to seaward around Chandeleur Island to; (vii) A point at Lat. 29°34′.0 N., Long. 89°00′ W., thence to; (viii) A point at Lat. 29°15′.0 N., Long. 89°00′ W., thence to; (ix) A point at Lat. 29°14′.0 N., Long. 88°57′.7 W., thence to; (x) A point at Lat. 29°10′.0 N., Long. 88°57′.0 W., thence to; (xi) A point at Lat. 29°03′.6 N., Long. 89°02′.3 W., thence via the five fathom curve to; (xii) A point at latitude 28°58′.1 N., longitude 89°09′.6 W., thence to; (xiii) A point at latitude 28°57′.8 N., longitude 89°13′.6 W., thence to; (xiv) A point at latitude 28°57′.8 N., longitude 89°19′.5 W., thence to; (xv) A point at latitude 28°53′.8 N., longitude 89°25′.7 W., thence to; (xvi) A point at latitude 28°52′.6 N., longitude… | |||
| 33:33:1.0.1.3.29.10.1.6 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-30 USCG Great Lakes District. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 61-40, 26 FR 10353, Nov. 3, 1961] | (a) Description. See § 3.45-1 of this chapter. (b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.01-20. | |||
| 33:33:1.0.1.3.29.10.1.7 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-35 USCG Southwest District. | USCG | [CGD11-86-02, 52 FR 37613, Oct. 8, 1987] | (a) Description. See § 3.55-1 of this chapter. (b) Line of Demarcation. The line of demarcation described in this section is for administrative purposes to distinguish between the areas in which structures shall be subject to Class “A”, “B”, or “C” requirements. The line delimits the areas to seaward of which class “A” requirements are imposed. The line of demarcation within the jurisdiction of the District Commander is defined as follows: (1) Commencing at a point of latitude 41°59.8′ N., longitude 124°19.5′ W., thence southward along the seaward limit of the territorial sea to; (2) A point at latitude 32°32.0′ N, longitude 117°11.0′ W. (c) Structures located within a half nautical mile of Traffic Separation Scheme Los Angeles/Long Beach will also be subject to class “A” requirements. The traffic separation scheme is depicted on National Ocean Service Charts 18740, 18720, 18725, 18746, 18721. | |||
| 33:33:1.0.1.3.29.10.1.8 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-45 USCG Northwest District. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-25, 27 FR 8733, Aug. 31, 1962] | (a) Description. See § 3.65-1 of this chapter. (b) Line of demarcation. There is no line of demarcation prescribed for this District. When required, it will be determined in accordance with § 67.01-20. | |||
| 33:33:1.0.1.3.29.10.1.9 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.50 | Subpart 67.50—District Regulations | § 67.50-50 USCG Arctic District. | USCG | [CGFR 68-95, 33 FR 15285, Oct. 15, 1968] | (a) Description. See § 3.85-1 of this chapter. (b) Line of demarcation. There is no line of demarcation prescribed for this District. When required it will be determined in accordance with § 67.01-20. | |||
| 33:33:1.0.1.3.29.2.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.05 | Subpart 67.05—General Requirements for Lights | § 67.05-1 Arrangement of obstruction lights. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 FR 24983, May 5, 2004] | (a) Structures having a maximum horizontal dimension of 30 feet or less on any one side, or in diameter, shall be required to have one obstruction light visible for 360°. (b) Structures having a maximum horizontal dimension of over 30 feet, but not in excess of 50 feet, on any one side, or in diameter, shall be required to have two obstruction lights installed on diagonally opposite corners, 180° apart, or as prescribed by the District Commander, each light to have a 360° lens. (c) Structures having a horizontal dimension of over 50 feet on any one side, or in diameter, shall be required to have an obstruction light on each corner, or 90° apart in the case of circular structures, or as prescribed by the District Commander, each light to have a 360° lens. (d) Where the overall dimensions of a structure require the installation of two or more obstruction lights, the lights shall all be mounted on the same horizontal plane within the limitations of height specified in § 67.20-5, § 67.25-5, or § 67.30-5, as applicable. (e) Lesser structures and piles, pile clusters or flare templates, etc., will not normally be required to be marked by obstruction lights, when they are located within 100 yards of a Class “A”, “B” or “C” structure marked by established obstruction lights, but they shall be marked with red or white retro-reflective material, installed as prescribed by the District Commander. (f) All obstruction lights shall be installed in a manner which will permit at least one of them to be carried in sight of the mariner, regardless of the angle of approach, until the mariner is within 50 feet of the structure, visibility permitting. | |||
| 33:33:1.0.1.3.29.2.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.05 | Subpart 67.05—General Requirements for Lights | § 67.05-5 Multiple obstruction lights. | USCG | When more than one obstruction light is required by this part to mark a structure, all such lights shall be operated to flash in unison. | ||||
| 33:33:1.0.1.3.29.2.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.05 | Subpart 67.05—General Requirements for Lights | § 67.05-10 Characteristics of obstruction lights. | USCG | All obstruction lights required by this part shall be powered from a reliable power source, including auxiliary power sources as necessary. They shall display a quick-flash characteristic of approximately 60 flashes per minute, unless prescribed otherwise in the permit issued by the District Commander. Their color shall be white when marking Class “A” and “B” structures, and either white or red, as prescribed by the District Commander, when marking Class “C” structures. In determining whether white or red lights shall be authorized, the District Commander shall take into consideration matters concerning, but not necessarily limited to, the dimensions of the structure and the depth of water in which it is located; the proximity of the structure to vessel routes; the nature and amount of vessel traffic; and the effect of background lighting. | ||||
| 33:33:1.0.1.3.29.2.1.4 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.05 | Subpart 67.05—General Requirements for Lights | § 67.05-15 Operating periods of obstruction lights. | USCG | [CGFR 58-34, 23 FR 7701, Oct. 4, 1958] | Obstruction lights shall be displayed at all times between the hours of sunset and sunrise, local time, commencing at the time the construction of a structure is begun. During construction and until such time as a platform capable of supporting the obstruction lights is completed, the fixed lights on an attending vessel shall be used. In addition, when lights are in use for general illumination to facilitate the construction or operation of a structure, and can be seen from any angle of approach at a distance equal to that prescribed for the obstruction lights for the class of structure, the actual operation of obstruction lights also will not be required. | |||
| 33:33:1.0.1.3.29.2.1.5 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.05 | Subpart 67.05—General Requirements for Lights | § 67.05-20 Minimum lighting requirements. | USCG | [ as amended by USCG-2024?-1103, 90 FR 52876, Nov. 24, 2025] | The obstruction lighting requirements prescribed in this part are the minimum requirements only and shall not preclude the maintainer from making application for authorization to establish more lights, or lights of greater intensity than required to be visible at the distances prescribed; provided that That the prescribed characteristics of color and flash duration are adhered to. | |||
| 33:33:1.0.1.3.29.2.1.6 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.05 | Subpart 67.05—General Requirements for Lights | § 67.05-25 Special lighting requirements. | USCG | Whenever a structure is erected in a position on or adjacent to the edges of navigable channels and fairways, or lines of demarcation, the District Commander is authorized to require the structure to be marked by the lights which in his judgment are necessary for the safety of marine commerce, and without regard to the fact that the structure may be located in an area in which either Class “B” or Class “C” requirements are otherwise applicable. The requirements for the lights in any of these cases, shall not exceed those established for structures in the Class “A” areas. | ||||
| 33:33:1.0.1.3.29.3.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-1 Apparatus requirements. | USCG | The sound signal required by §§ 67.20-10, 67.25-10, and 67.30-10 must: (a) Have its maximum intensity at a frequency between 100 and 1,100 Hertz; (b) Sound a 2-second blast every 20 seconds (2 seconds sound, 18 seconds silence) unless otherwise authorized by the District Commander; (c) Have the rated range required by § 67.20-10, § 67.25-10, or § 67.30-10; (d) Have a height not exceeding 25 feet; (e) Have not more than eight sound sources; (f) Be approved by the Coast Guard under § 67.10-15; and (g) Be permanently marked with: (1) The date of Coast Guard approval; (2) The manufacturer and date of manufacture; (3) A model designation; (4) The approved range; and (5) The power necessary to comply with the provisions of paragraph (c) of this section. | ||||
| 33:33:1.0.1.3.29.3.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-5 Location requirements. | USCG | The sound signal required by §§ 67.20-10, 67.25-10, and 67.30-10 must: (a) Be located on the structure so that the sound signal produced is audible over 360° in a horizontal plane at all ranges up to and including the required rated range; and (b) Be located at least 10 feet but not more than 150 feet above mean high water. | ||||
| 33:33:1.0.1.3.29.3.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-10 Operating requirements. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 FR 24983, May 5, 2004] | (a) Sound signals required by §§ 67.20-10, 67.25-10, and 67.30-10 must be operated continuously, regardless of visibility, unless the sound signal is controlled: (1) By an attendant on the structure; (2) Remotely by an attendant on a nearby structure; or (3) By a fog detection device capable of activating the sound signal when the visibility in any direction is reduced to the rated range at which sound signal operation is required by this part. (b) During construction and until such time as a sound signal is installed and operating on a platform, the whistle of an attending vessel moored alongside the platform may be used to sound the signal required for the structure by this part. | |||
| 33:33:1.0.1.3.29.3.1.4 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-15 Approval of sound signals. | USCG | (a) The Coast Guard approves a sound signal if: (1) It meets the requirements for sound signals in § 67.10-1 (a), (b), (c), (d), and (e) when tested under § 67.10-20; or (2) It is similar to a sound signal which was tested and approved under the provisions of this section and the Coast Guard has approved all variations in design, construction, production, and manufacture from the sound signal tested. (b) A sound signal that is an identical production model of a sound signal which has been approved under paragraph (a) of this section is a Coast Guard approved sound signal. | ||||
| 33:33:1.0.1.3.29.3.1.5 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-20 Sound signal tests. | USCG | (a) Sound signal tests must: (1) Be made by the applicant in the presence of a Coast Guard representative, who certifies the test if the procedures comply with the requirements of this section; (2) Be made with Coast Guard supplied and calibrated sound level meters and power meters; and (3) Be made in an anechoic chamber large enough to accommodate the entire sound signal, as if installed for actual use. (b) The sound pressure level must be measured as a function of: (1) Distance by using a sufficient number of points to allow a far-field extrapolation of the sound pressure level; (2) Power at outputs up to and including the approximate power level necessary to comply with § 67.10-1(c); (3) Horizontal angle at increments not greater than 30°; and (4) Harmonic content to at least the third harmonic. (c) In analyzing the test data to determine the minimum power necessary to produce the sound pressure level specified in Table A of this section the Coast Guard follows the procedures prescribed by the International Association of Lighthouse Authorities (IALA) in Supplement No. 3 to the IALA Bulletin of February 1969 for analysis of harmonic components and does not consider components above 1,100 Hertz as adding to the audible range. | ||||
| 33:33:1.0.1.3.29.3.1.6 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-25 Application for tests. | USCG | [CGD 72-74R, 37 FR 13512, July 8, 1972, as amended by CGD88-052, 53 FR 25119,July 1, 1988; CGD 96-026, 61 FR 33663, June 28, 1996; USCG-2001-10714, 69 FR 24983, May 5, 2004; USCG-2010-0351, 75 FR 36281, June 25, 2010; USCG-2014-0410, 79 FR 38431, July 7, 2014; USCG-2015-0433, 80 FR 44279, July 27, 2015; USCG-2016-0498, 82 FR 35080, July 28, 2017] | A person requesting a Coast Guard representative at a test of a sound signal must: (a) Direct a written request to the Aids to Navigation Division (CG-NAV-1), U.S. Coast Guard Stop 7418, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7418 including: (1) Requestor's name, address, and telephone number; (2) A description of the sound signal; (3) Rated range for which approval is requested; (4) Location of the anechoic chamber; and (5) Proposed test dates. (b) Bear all the expenses of conducting the test conducted in accordance with § 67.10-20 including all travel and per diem expenses of the U.S. Government in sending a Coast Guard representative to the test. | |||
| 33:33:1.0.1.3.29.3.1.7 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-30 Withdrawal of approval. | USCG | The Coast Guard may withdraw approval of a sound signal if it fails to meet the requirements of § 67.10-1 (a), (b), and (c). | ||||
| 33:33:1.0.1.3.29.3.1.8 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-35 Notice of approval and withdrawal of approval. | USCG | (a) The Coast Guard publishes a notice of the approval or withdrawal of approval of a sound signal in the Local Notice to Mariners. (b) A listing of approved sound signals may be obtained from any District Commander. | ||||
| 33:33:1.0.1.3.29.3.1.9 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.10 | Subpart 67.10—General Requirements for Sound signals | § 67.10-40 Sound signals authorized for use prior to January 1, 1973. | USCG | Any sound signal authorized for use by the Coast Guard and manufactured prior to January 1, 1973, is excepted from the requirements in this subpart, except §§ 67.10-1 (b) and (c), 67.10-5, and 67.10-10, if the sound signal has a minimum sound pressure level as specified in Table A of Subpart 67.10 of Title 33 of the Code of Federal Regulations in effect on December 31, 1972, for the range required by § 67.20-10, § 67.25-10, or § 67.30-10. | ||||
| 33:33:1.0.1.3.29.4.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.15 | Subpart 67.15—Miscellaneous Marking Requirements | § 67.15-1 Lights and signals on attendant vessels. | USCG | [USCG-2001-10714, 69 FR 24983, May 5, 2004] | The requirements prescribed by this part apply to structures. The barges, vessels, and other miscellaneous floating plants in attendance must display lights and signals under the International Navigational Rules Act of 1977 (33 U.S.C. 1601-1608) that adopted the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), or the Inland Navigational Rules Act of 1980 (33 U.S.C. 2001-2038). When vessels are fixed to or submerged onto the seabed, however, they become structures as described in § 67.01-5. | |||
| 33:33:1.0.1.3.29.4.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.15 | Subpart 67.15—Miscellaneous Marking Requirements | § 67.15-5 Seismographic and surveying operations. | USCG | All stakes, casings, pipes, and buoys, except bamboo poles and wooden stakes less than 2 inches in diameter, placed in the water to facilitate seismographic or surveying operations shall be marked, in the manner prescribed by the District Commander, for the safety of navigation. | ||||
| 33:33:1.0.1.3.29.4.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.15 | Subpart 67.15—Miscellaneous Marking Requirements | § 67.15-10 Spoil banks, artificial islands, and dredged channels. | USCG | [USCG-2001-10714, 69 FR 24983, May 5, 2004] | (a) All submerged spoil banks, or artificial islands resulting from the dredging of private channels, laying of pipelines, or any other private operation, and all privately dredged channels which, in the judgment of the District Commander are required to be marked by aids to navigation, shall be marked by private aids to navigation conforming to the standard United States system of aids to navigation characteristics described in subpart B of part 62 of this subchapter. (b) To receive a permit to establish and maintain a private aid to navigation for the purposes described in paragraph (a) of this section, submit your application to the District Commander. The District Commander will review all applications and issue all permits. | |||
| 33:33:1.0.1.3.29.5.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.20 | Subpart 67.20—Class “A” Requirements | § 67.20-1 Class “A” structures. | USCG | Class “A” structures shall be the structures erected in an area where Class “A” requirements must be met. | ||||
| 33:33:1.0.1.3.29.5.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.20 | Subpart 67.20—Class “A” Requirements | § 67.20-5 Obstruction lights. | USCG | [CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by USCG-2001-10714, 69 FR 24983, May 5, 2004] | The obstruction lights shall be white lights as prescribed in Subpart 67.05 of this part. The lights shall be of sufficient candlepower as to be visible at a distance of at least five nautical miles 90 percent of the nights of the year. The lights shall be displayed not less than 20 feet above mean high water, but not at a height greater than that governed by the requirement in § 67.05-1(f) that mariners be able to see at least one of the lights, regardless of the angle of approach, until within 50 feet of the structure, visibility permitting. | |||
| 33:33:1.0.1.3.29.5.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.20 | Subpart 67.20—Class “A” Requirements | § 67.20-10 Sound signal. | USCG | [CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG-2001-10714, 69 FR 24984, May 5, 2004] | (a) The owner of a Class “A” structure shall: (1) Install a sound signal that has a rated range of at least 2 miles; and, (2) Operate the sound signal when the visibility in any direction is less than 5 miles. (b) The District Commander may waive any requirements in paragraph (a) of this section if he or she finds that a structure is so close to other structures and so enveloped by the sound signals on other structures that it is not a hazard to navigation. | |||
| 33:33:1.0.1.3.29.6.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.25 | Subpart 67.25—Class “B” Requirements | § 67.25-1 Class “B” structures. | USCG | Class “B” structures shall be the structures erected in an area where Class “B” requirements must be met. | ||||
| 33:33:1.0.1.3.29.6.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.25 | Subpart 67.25—Class “B” Requirements | § 67.25-5 Obstruction lights. | USCG | [CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 62-32, 27 FR 10101, Oct. 13, 1962] | (a) The obstruction lights shall be white lights as prescribed in Subpart 67.05 of this part and shall be of sufficient candlepower as to be visible at a distance of at least three nautical miles 90 percent of the nights of the year. The lights shall be displayed not less than 20 feet above mean high water, but not at a height greater than that specified in § 67.05-1(f), except that on Class “B” structures which are required to be marked by only one light, that light may be displayed not less than 10 feet above mean high water if the structural features preclude mounting the light within the range of heights otherwise specified in this section. (b) The District Commander may waive the requirement for obstruction lights on Class “B” structures if there is no hazard to navigation by so doing. | |||
| 33:33:1.0.1.3.29.6.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.25 | Subpart 67.25—Class “B” Requirements | § 67.25-10 Sound signal. | USCG | [CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004] | (a) The owner of a Class “B” structure shall: (1) Install a sound signal that has a rated range of at least one-half mile, except that the District Commander may— (i) Prescribe a greater rated range, not to exceed 2 miles, under the provisions of paragraph (b) of this section; or (ii) Exempt the structure from the requirements of this paragraph, under the provisions of paragraph (c) of this section; (2) Operate the sound signal when the visibility in any direction is less than 3 miles, unless the District Commander establishes a greater or lesser distance of visibility, not to exceed 5 miles, under the provisions of paragraph (b) or (c) of this section. (b) The owner of a Class “B” structure shall install a sound signal with a greater rated range or operate it at times of greater visibility than required in paragraph (a) of this section if: (1) The structure is erected on or adjacent to the edge of a: (i) Navigable channel; (ii) Fairway; or (iii) Line of demarcation; and (2) The District Commander decides a greater range or operation of the sound signal at times of greater visibility is necessary for the safety of marine commerce. (c) The District Commander may waive or relax the provisions of paragraph (a) of this section, if he or she finds that a structure is: (1) So close to other structures and so enveloped by the sound signals on other structures that it is not a hazard to navigation; or (2) So located in a shoal area that it is not a hazard to navigation. | |||
| 33:33:1.0.1.3.29.7.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.30 | Subpart 67.30—Class “C” Requirements | § 67.30-1 Class “C” structures. | USCG | Class “C” structures shall be the structures erected in an area where Class “C” requirements must be met. | ||||
| 33:33:1.0.1.3.29.7.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.30 | Subpart 67.30—Class “C” Requirements | § 67.30-5 Obstruction lights. | USCG | [CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR 68-95, 33 FR 15285, Oct. 15, 1968; USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004 USCG-2024-1103, 90 FR 52876, Nov. 24, 2025] | (a) The obstruction lights shall be white or red lights as prescribed in Subpart 67.05 of this part and shall be of sufficient candlepower as to be visible at a distance of at least one nautical mile 90 percent of the nights of the year. The lights shall be displayed at such height, above mean high water, as shall be prescribed by the District Commander. When the District Commander shall authorize red lights to mark a Class “C” structure, the color thereof shall conform to the shade of red prescribed in Military Specification Mil-C-25050 (ASG), Type 1, Grade D. A copy of the specification may be obtained from the Commanding Officer, Document Automation and Production Service, 700 Robbins Avenue, Building 4, Section D, Philadelphia, PA 19111-5091. (b) When Class “C” structures are erected in close proximity to each other, or are connected in such a manner as to prevent marine traffic from passing freely through the field, obstruction lights may be authorized to mark the perimeter structures only, when in the judgment of the District Commander the group of structures which are equipped with obstruction lights are so arranged that the particular structures are protected to the degree required by this part, and are not a hazard to navigation. (c) Unless advised to the contrary by the District Commander, obstruction lights shall be required on Class “C” structures erected in depths of water greater than 3 feet at mean low water. (d) In cases where, although not required, an applicant desires to establish and operate obstruction lights, a permit therefor shall be granted, at the discretion of the District Commander; provided that the lights meet the requirements set forth in this part. | |||
| 33:33:1.0.1.3.29.7.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.30 | Subpart 67.30—Class “C” Requirements | § 67.30-10 Sound signals. | USCG | [CGD 72-74R, 37 FR 13513, July 8, 1972] | (a) The owner of a Class “C” structure shall install a sound signal if: (1) The structure is erected on or adjacent to the edge of a: (i) Navigable channel; (ii) Fairways; or (iii) Line of demarcation; and (2) The District Commander decides it is necessary for the safety of marine commerce. (b) Sound signals required by paragraph (a) of this section must have rated range of at least one-half mile, unless the District Commander prescribes a greater rated range, not to exceed 2 miles. (c) The owner of the structure shall operate the sound signal required by paragraph (a) of this section whenever the visibility in any direction is less than 3 miles, unless the District Commander establishes a greater or lesser distance of visibility, not to exceed 5 miles. (d) Class “C” structures may have sound signals if: (1) Authorized by the District Commander under the provisions of Subpart 66.01 of this subchapter; and (2) The sound signal meets the requirements of § 67.10-1 (a) and (b). | |||
| 33:33:1.0.1.3.29.8.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.35 | Subpart 67.35—Applications | § 67.35-1 Procedure. | USCG | (a) An application, on Coast Guard forms which will be provided by the District Commander upon request, shall be submitted for each private aid to navigation for which a permit is required to establish, operate, move, change or discontinue, except as modified in this subpart. (b) An application on the prescribed form shall be submitted to the District Commander for each structure to be equipped with obstruction lights and/or sound signals if the structure is to remain in place six months or more. An application may be made by letter for each structure to be so equipped if the structure is to remain in place less than six months. (c) One application form only shall be submitted to the District Commander to cover a group of unlighted buoys or daybeacons. | ||||
| 33:33:1.0.1.3.29.8.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.35 | Subpart 67.35—Applications | § 67.35-5 Contents of application. | USCG | (a) All applicable items of the prescribed forms shall be completed. A brief descriptive print of the structure or aid to navigation involved shall be furnished with the application, together with a location plat or chart section. When Lambert coordinates are used to plot the position of the aid, the plat or chart shall be annotated to show latitude and longitude of the proposed aid to navigation, except when the position has been described by reference to one or more horizontal angles, or by the bearing and distance from a charted landmark. (b) Each application shall have appended to it a list showing the type, model, name and address of the manufacturer of the lighting apparatus and sound signal equipment to be used. (c) Each application shall always specify the date the proposals contained therein are desired to be effective, and approval thereof must be obtained before the proposed action is undertaken. | ||||
| 33:33:1.0.1.3.29.8.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.35 | Subpart 67.35—Applications | § 67.35-10 Private aids to navigation. | USCG | See § 67.15-10(b) for review of applications respecting private aids to navigation for spoil banks, artificial islands and dredged channels. | ||||
| 33:33:1.0.1.3.29.8.1.4 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.35 | Subpart 67.35—Applications | § 67.35-15 To whom addressed. | USCG | The applications and correspondence dealing with private aids to navigation and obstruction lighting should be addressed to the District Commander having jurisdiction over the area. | ||||
| 33:33:1.0.1.3.29.9.1.1 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.40 | Subpart 67.40—Notification | § 67.40-1 Notification to District Commander. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR 62-32, 27 FR 10101, Oct. 13, 1962; USCG-2001-10714, 69 FR 24984, May 5, 2004]; USCG-2024-1103, 90 FR 52876, Nov. 24, 2025] | (a) Class “A” structures. In the case of structures to be located in areas where Class “A” requirements must be met, notification shall be given to the District Commander of the approximate date work will commence, as soon as known after a permit is received from the Corps of Engineers, U.S. Army, or 30 days in advance, if possible. Persons constructing structures must notify the District Commander by either electronic mail, telephone, or overnight mail on the day they begin construction. Within this notice, they must inform him or her of the lights and sound signals they will use during construction. When construction has been completed, the maintainer shall notify the District Commander to that effect by letter, stating whether or not the authorized obstruction lights and/or sound signals are in operation. Final notification by letter shall be given when the lights used for general illumination, to facilitate the construction or operation of the structure, have been discontinued and the authorized obstruction lights placed in operation. (b) Class “B” structures. Notification shall be given to the District Commander in the case of structures to be located in areas where Class “B” requirements must be met, in the same manner as prescribed in the case of Class “A” structures, except that the notification on the day construction of the structure is commenced shall not be required. (c) Class “C” structures. Notification shall be given to the District Commander in the case of structures to be located in areas where Class “C” requirements must be met, upon completion of the structure. | |||
| 33:33:1.0.1.3.29.9.1.2 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.40 | Subpart 67.40—Notification | § 67.40-5 Waivers. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2001-10714, 69 FR 24984, May 5, 2004] | (a) The District Commander is authorized to modify or waive any requirement prescribed in this part whenever, in his or her judgment, the safety of marine commerce will not be impaired by so doing. (b) When the District Commander shall determine that changed circumstances in the case of a structure, whose obstruction lights and/or sound signal have been modified or waived, constitutes a hazard to marine navigation, he or she is authorized to revoke or revise his or her previous action and to require the structure to be appropriately marked by suitable obstruction lights and/or sound signals in accordance with this part. | |||
| 33:33:1.0.1.3.29.9.1.3 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.40 | Subpart 67.40—Notification | § 67.40-10 Communication with owner. | USCG | Communication with the owners of private aids to navigation by the District Commander shall be addressed to their usual or last known place of business, or to their local representative, if any. Communication shall be by the method considered appropriate for the circumstances. | ||||
| 33:33:1.0.1.3.29.9.1.4 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.40 | Subpart 67.40—Notification | § 67.40-15 Marking at owner's expense. | USCG | The District Commander may mark, for the protection of marine commerce, any structure whenever the owner thereof has failed suitably to mark the same in accordance with this part, and the owner shall reimburse the Coast Guard for all costs incurred. | ||||
| 33:33:1.0.1.3.29.9.1.5 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.40 | Subpart 67.40—Notification | § 67.40-20 Charges invoiced to owner. | USCG | Charges to the owner for the cost of marking a structure by the Coast Guard shall be determined in accordance with Part 74 of this subchapter. All such charges shall be invoiced to the owner beginning with the date such marking is established and shall continue until notice is received by the District Commander that the structure has been removed, or until the owner has applied for and been issued a permit by the District Commander to establish and operate the required obstruction lights and/or sound signals or other markings required by this part. | ||||
| 33:33:1.0.1.3.29.9.1.6 | 33 | Navigation and Navigable Waters | I | C | 67 | PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES | 67.40 | Subpart 67.40—Notification | § 67.40-25 Penalty. | USCG | [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-2020-0304, 85 FR 58277, Sept. 18, 2020] | The penalty for violation is in section 1, 63 Stat. 501 (14 U.S.C. 544), or section 4(e)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333). Any person, firm, company, or corporation who shall fail or refuse to obey any of the lawful rules and regulations issued in this part or pursuant thereto shall be guilty of a misdemeanor and shall be fined not more than $100 for each offense. Each day during which such violation shall continue shall be considered a new offense. | |||
| 40:40:17.0.1.1.4.1.1.1 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | A | Subpart A—Purpose and Scope | § 67.1 Purpose and scope. | EPA | This part describes the standards and procedures under which EPA will approve State programs for administering the noncompliance penalty program under section 120 of the Clean Air Act and will evaluate actions taken by States with approved programs. Subpart A describes the purpose of the part. Subpart B states the conditions under which EPA will approve State programs to administer the noncompliance penalty provisions. Subparts C and D state when and how EPA will issue its own notices to owners or operators of sources in States with approved programs, and how it will review State decisions to grant or deny exemptions from the penalty. Finally, subpart E states how EPA will review State assessments of a penalty. | ||||
| 40:40:17.0.1.1.4.2.1.1 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | B | Subpart B—Approval of State Programs | § 67.11 Standards for approval of State programs. | EPA | [45 FR 50117, July 28, 1980, as amended at 54 FR 25259, June 14, 1989] | (a) The Administrator shall approve any program submitted by a State, or by a local governmental agency where no program has been submitted by a State, for administering the noncompliance penalty provisions of section 120 of the Clean Air Act upon finding that the program conforms to the requirements of the Act and to those of this part and 40 CFR part 66. References to “State program” in this part shall be read as including local governmental agencies and their programs. (b) The Administrator shall not approve any State program that does not provide explicitly for: (1) Issuance of a notice of noncompliance, in a manner consistent with procedures under part 66, upon discovery by the State or upon notification by EPA of a violation of applicable legal requirements, which notice satisfies the informational requirements set forth in § 66.13. (2) Levels of staffing and funding satisfactory, in the judgment of the Administrator, to implement and enforce the requirements of section 120 in that State, together with adequate provision for maintaining such levels; (3) A capability to carry out the financial analysis and procedures specified in these regulations and the Technical Support Document, Instruction Manual, and related Computer Program, available from the Director of Stationary Source Compliance Division, EN-341, 1200 Pennsylvania Ave., NW., Washington, DC 20460, together with adequate provision for maintaining such capability. Such capability may be provided by trained State personnel or through qualified contractors; (4) Except as provided in paragraph (a)(6) of this section, an administrative hearing whenever the owner or operator of a source submits a petition for reconsideration of a notice of noncompliance on the ground that the source either is not in violation of applicable legal requirements, or is entitled to an exemption, or both, or submits a petition to challenge a recalculation of the penalty by the State, provided that such petitions raise issues of fact that would require a hearing under part… | |||
| 40:40:17.0.1.1.4.2.1.2 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | B | Subpart B—Approval of State Programs | § 67.12 Application for approval of programs. | EPA | A state that wishes to administer a section 120 program shall submit an application in writing to the Administrator describing its proposed program. All necessary supporting materials shall accompany the application. | ||||
| 40:40:17.0.1.1.4.2.1.3 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | B | Subpart B—Approval of State Programs | § 67.13 Approval. | EPA | (a) The Administrator shall evaluate any application submitted under § 67.12 and shall: (1) Approve the program and delegate authority to the State to administer the program if he determines that the requirements of § 67.11 have been and will be met; or (2) Request additional information if he determines that the information submitted is not sufficient to allow him to determine whether the requirements of § 67.11 have been and will be met; or (3) Disapprove the State program if he determines that the information submitted establishes that the requirements of § 67.11 have not been or will not be met. (b) The Administrator shall notify the State in writing of his action under paragraph (a) of this section and shall state the reasons for his action. (c) In all cases of delegation (whether or not express provision is made in the notice of delegation) the Administrator shall retain continuing authority to issue notices of noncompliance, review exemption requests or penalty calculations, or take any other steps set forth in part 66 to assess and collect these penalties. Such authority shall be exercised pursuant to the provisions of § 67.21. (d) The Administrator shall retain exclusive authority to assess and collect penalties against source owners or operators of facilities in the State who were issued notices of noncompliance pursuant to part 66 prior to the effective date of the delegation, except to the extent the Administrator specifically delegates such authority to the State. | ||||
| 40:40:17.0.1.1.4.2.1.4 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | B | Subpart B—Approval of State Programs | § 67.14 Amendments to the program. | EPA | A State or local agent with a program approved pursuant to § 67.13 may propose amendments to that program to the Administrator. The Administrator shall evaluate whether the State or local agent's program as amended would conform to the requirements of § 67.11 and shall respond as provided in § 67.13. | ||||
| 40:40:17.0.1.1.4.2.1.5 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | B | Subpart B—Approval of State Programs | § 67.15 Revocation. | EPA | If the Administrator determines that a State with a program approved under § 67.13 is not administering the program in conformity with the requirements of the Act or § 67.11, or the delegation of authority, he shall provide the State written notice of that determination, setting forth his reasons. Copies of all supporting materials shall accompany the notice if requested, or shall be placed on file in the appropriate Regional Office and made available for inspection during normal business hours. The State shall have 90 days in which to respond in writing to this determination. If the Administrator finds after reviewing the State response that (a) the State is in fact administering the program in conformity with § 67.11, or (b) there are reasonable grounds to believe the State program will immediately be brought into conformity with that section, he shall withdraw his determination. If he finds that neither of these conditions has been met, he shall withdraw the delegation of authority to the State. | ||||
| 40:40:17.0.1.1.4.3.1.1 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | C | Subpart C—Federal Notice of Noncompliance to Sources in States With Approved Programs | § 67.21 Federal notice of noncompliance to owners or operators of sources in States with approved programs. | EPA | (a) The Administrator shall issue a notice of noncompliance to the owner or operator of any source in a State with an approved program if he determines that the State or its local agent has failed to issue such notice, provided that he shall first give 30 days notice to the State of his intent to issue a notice of noncompliance to the owner or operator of the source in question unless the State or its agent does so first. Any notice issued by the Administrator pursuant to this section shall be deemed to be issued pursuant to the provisions of part 66. (b) The issuance of a notice of noncompliance shall operate to withdraw EPA delegation of authority to the State with respect to the particular facility in question. (c) If the Administrator determines that the State or local agent has issued a notice of noncompliance but has failed to pursue diligently subsequent steps for the assessment and collection of the penalty, he shall notify the State of his intent to withdraw delegation of authority to the State with respect to the facility in question and take appropriate actions pursuant to part 66 unless the State or local agent, within 30 days, takes appropriate action in accordance with the requirements of this part. In either case the penalty will be calculated from the date of the State notice. | ||||
| 40:40:17.0.1.1.4.4.1.1 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | D | Subpart D—EPA Review of State Compliance or Exemption Decisions | § 67.31 Review by the Administrator. | EPA | (a) The Administrator may, on his own initiative, review any determination by a State or its agent that a source owner or operator is or is not in compliance with applicable legal requirements or is or is not entitled to an exemption, to determine whether that determination conforms to the requirements of the Act and part 66 (as modified by § 67.11). (b) The Administrator shall review any such determination upon receipt of a petition alleging that the State's determination does not conform to the requirements of the Act and part 66 (as modified by § 67.11). Such petition must be filed within 20 days of issuance of the State's decision. (c) The Administrator shall give notice in writing to the State or local agent, to the owner or operator of the source, and to the petitioner of his intent to review the determination. Such notice shall be given within 90 days of the Administrator's receipt of the State or local agent's determination. Unless otherwise provided, such notice shall not withdraw EPA's delegation of authority to the State or local agent over the particular facility in question. (d) No such State determination shall become final until the expiration of 90 days after the Administrator's receipt of the notice required by § 67.11(b)(5). (1) If the Administrator does not issue a notice of intent to review within that period, the State determination shall, upon expiration of such period, constitute final action of the Administrator under section 120 of the Act. (2) If the Administrator issues a notice of intent to review within that period, the State determination shall not become final until the Administrator takes final action after reviewing the determination. (e) Except as otherwise provided, a State determination shall be approved if there was a reasonable basis in law and in fact for making the determination. | ||||
| 40:40:17.0.1.1.4.4.1.2 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | D | Subpart D—EPA Review of State Compliance or Exemption Decisions | § 67.32 Procedure where no formal State hearing was held. | EPA | (a) In reviewing a decision that a source is in compliance with applicable legal requirements or entitled to an exemption for which no hearing conforming to § 67.11(b) (4) or (6) was held, the Administrator shall evaluate the accuracy and adequacy of the documents transmitted to him pursuant to § 67.11(b)(5) and shall invite submission of comments on issues identified by him as relevant to his review. (b) If the Administrator concludes that no hearing need have been held and that the State determination was correct, he shall notify the State, the source owner or operator, and other participants of his determination, which shall constitute final agency action by EPA under authority of section 120. If the Administrator concludes that the petition of the source owner or operator presented information which, if true, would have altered the owner or operator's liability for a penalty, he shall upon notice to the State or local agent schedule a hearing in accordance with subpart E of part 66. Such notice shall operate as a withdrawal of EPA's delegation of authority to the State or local agent over the facility in question unless the State or local agent schedules a hearing within 15 days of receipt of the notice. (c) If the Administrator concludes that the State determination did not conform to the requirements of the Act or of part 66 (as modified by § 67.11), he shall by written notice revoke the determination. Such revocation shall operate as a withdrawal of EPA's delegation of authority to the State or local agent over the facility in question. The source owner or operator may then petition for review of the Administrator's decision pursuant to the provisions of § 66.13. (d) Unless otherwise provided in the Administrator's notice to the State or local agent, any noncompliance penalties owed by the source owner or operator shall be paid to the State or local agent. The Administrator shall send a copy of this notice to the source owner or operator. | ||||
| 40:40:17.0.1.1.4.4.1.3 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | D | Subpart D—EPA Review of State Compliance or Exemption Decisions | § 67.33 Procedure where a formal State hearing was held. | EPA | (a) In reviewing a decision that a source is in compliance with applicable legal requirements or is entitled to an exemption for which a hearing conforming to § 67.11(b) (4) or (6) was held, the Administrator may invite comment on issues identified by him as relevant to his review and shall propose or make findings as to the correctness of the determination and the accuracy and adequacy of the material transmitted pursuant to § 67.11(b)(5). (b) The Administrator shall notify all participants in the State hearing of his findings and conclusions. If the Administrator concludes that the State determination conformed to the requirements of the Act and of part 66 (as modified by § 66.11), the Administrator's determination shall constitute final administrative action by EPA under authority of Section 120. If the Administrator finds that the State determination did not conform to the requirements of the Act and of part 66 (as modified by § 67.11), the findings shall constitute proposed findings and the notice shall invite participants to file exceptions thereto. If the Administrator considers it desirable, he may schedule a time for argument. (c) Within 60 days of receipt of any briefs or exceptions or after oral argument pursuant to paragraph (b), the Administrator shall affirm, modify, or revoke his proposed findings that the State's determination did not conform to the requirements of the Act or of part 66 (as modified by § 67.11). The decision shall be in writing. Notice and a copy of the decision shall be provided to the source owner or operator and to all other participants in the State hearing. The decision shall constitute a final administrative action by EPA under authority of section 120. (d) If the Administrator finds that deficiencies in the hearing record prevent him from determining whether the determination of the State or local agent conformed to the requirements of the Act and part 66 (as modified by § 67.11), he shall notify the State or local agent of his finding and specify what deficiencies exist… | ||||
| 40:40:17.0.1.1.4.5.1.1 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | E | Subpart E—EPA Review of State Penalty Assessments | § 67.41 When EPA may review. | EPA | (a) The Administrator may on his own initiative or on petition review any initial, interim, or final penalty calculation made or approved by the State or local agent to determine whether it conforms to the requirements of the Act, of part 66, of the Technical Support Document and the Instruction Manual. The Administrator shall notify the State or local agent in writing of his intention to review the calculation within 60 days of receipt by EPA of the calculation or any item considered by the State in making or approving such calculation, whichever occurs later. (b) No such State determination shall become final until the expiration of 90 days after the Administrator's receipt of the notice required by § 67.11(b)(5). (1) If the Administrator does not issue a notice of intent to review within that period, the State determination shall, upon expiration of such period, constitute final action of the Administrator under section 120 of the Act. (2) If the Administrator issues a notice of intent to review within that period, the State determination shall not become final until the Administrator takes final action after reviewing the determination. (c) Except as otherwise provided, a State determination shall be approved if there was a reasonable basis in law and in fact for making the determination. | ||||
| 40:40:17.0.1.1.4.5.1.2 | 40 | Protection of Environment | I | C | 67 | PART 67—EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM | E | Subpart E—EPA Review of State Penalty Assessments | § 67.42 Procedure where no formal State hearing was held. | EPA | (a) In reviewing a penalty calculation for which no hearing conforming to the requirements of § 67.11(b)(4) was held, the Administrator shall evaluate the accuracy and adequacy of the data contained in the documents transmitted to him pursuant to § 67.11(b)(5) and shall invite comments on issues identified by him as relevant to his review. (b) If the Administrator concludes that no hearing need have been held and that the State determination was correct, he shall notify the State, the source owner or operator, and other participants of his determination, which shall constitute final agency action by EPA under authority of section 120. If the Administrator concludes that the petition of the source owner or operator for reconsideration of a recalculation presented information which, if true, would have altered the amount of the penalty calculated, he shall upon notice to the State schedule a hearing in accordance with subpart F of part 66. Such notice shall operate as a withdrawal of EPA's delegation of authority to the State or local agent over the facility in question unless the State or local agent schedules a hearing within 15 days of receipt of the notice. (c) If the Administrator concludes that the determination of the State or local agent not to hold a hearing was proper but that the penalty calculation does not conform to the requirements of the Act or of part 66, he shall by written notice revoke the determination and issue a notice of recalculation to the source owner or operator pursuant to § 66.51. A copy of the notice of recalculation shall be provided to the State or local agent. The notice of recalculation shall constitute final administrative action by EPA under authority of section 120 unless the source owner or operator petitions for reconsideration under § 66.52, in which case it shall operate as a withdrawal by EPA of its delegation of authority to the State or local agent over the facility in question. (d) Unless otherwise provided in the Administrator's notice, noncompliance penalties final… |
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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);