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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:1.2.1.1.6.0.5.1 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.1 Scope and applicability. | BIS | Between decennial censuses, the Census Bureau annually prepares statistical estimates of the number of people residing in States and their governmental units. In general, these estimates are developed by updating the population counts produced in the most recent decennial census with demographic components of change data and/or other indicators of population change. These rules prescribe the administrative procedure available to governmental units to request a challenge to the most current of these estimates. | |||||||
| 15:15:1.2.1.1.6.0.5.2 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.2 Policy of the Census Bureau. | BIS | It is the policy of the Census Bureau to provide the most accurate population estimates possible given the constraints of resources and available statistical techniques. It is also the policy of the Census Bureau, to the extent feasible, to provide governmental units the opportunity to seek a review of and provide additional data for these estimates and to present evidence relating to the accuracy of the estimates. | |||||||
| 15:15:1.2.1.1.6.0.5.3 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.3 Definitions. | BIS | [88 FR 17705, Mar. 24, 2023, as amended at 91 FR 2855, Jan. 23, 2026] | As used in this part (except where the context clearly indicates otherwise) the following definitions shall apply: (a) Census Bureau means the U.S. Census Bureau, Department of Commerce. (b) Population Estimates Challenge means, in accordance with this part, the process a governmental unit may use to provide additional input data for the Census Bureau's population estimate and the submission of substantive documentation in support thereof. (c) Director means Director of the Census Bureau, or an individual designated by the Director to perform under this part. (d) Population estimate means a statistically developed calculation of the number of people living in a governmental unit to update the preceding census or earlier estimate. (e) A governmental unit means the government of a county, municipality, township, incorporated place, or other minor civil division, which is a unit of general-purpose government below the State. (f) A non-functioning county or statistical equivalent means a sub-State entity that does not function as an active general-purpose governmental unit. This situation exists in Connecticut, Rhode Island, for selected counties in Massachusetts, and for the Census Areas in Alaska. | ||||||
| 15:15:1.2.1.1.6.0.5.4 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.4 [Reserved] | BIS | ||||||||
| 15:15:1.2.1.1.6.0.5.5 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.5 Who may file a request for a challenge. | BIS | A request for a challenge of a population estimate generated by the Census Bureau may be filed only by the chief executive officer or highest elected official of a governmental unit. In those instances where the FSCPE member agency represents a non-functioning county or statistical equivalent, the governor will serve as the chief executive officer or highest elected official. | |||||||
| 15:15:1.2.1.1.6.0.5.6 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.6 When a request for a challenge may be filed. | BIS | [88 FR 17705, Mar. 24, 2023, as amended at 91 FR 2855, Jan. 23, 2026] | (a) A request for a challenge to a population estimate may be filed any time up to 90 days after the release of the estimate by the Census Bureau. Publication by the Census Bureau on its website ( www.census.gov ) shall constitute release. Documentation requesting a challenge of any estimate may also be filed any time up to 90 days after the date the Census Bureau, on its own initiative, revises that estimate. (b) The Census Bureau has the discretion to accept late requests. | ||||||
| 15:15:1.2.1.1.6.0.5.7 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.7 Where to file a request for a challenge. | BIS | A request for a population estimate challenge must be prepared in writing by the governmental unit and filed with the Chief, Population Division, Census Bureau by sending the request via email to POP.challenge@census.gov or to a physical address that the Census Bureau will specify in the updated “Population Estimates Challenge Program Review Guide” to be posted in the census.gov website. The governmental unit must designate a contact person who can be reached by telephone or email during normal business hours should questions arise with regard to the submitted materials. | |||||||
| 15:15:1.2.1.1.6.0.5.8 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.8 Evidence required. | BIS | [88 FR 17705, Mar. 24, 2023, as amended at 91 FR 2855, Jan. 23, 2026] | (a) The governmental unit shall provide whatever evidence it has relevant to the request at the time of filing. The Census Bureau may request further evidence when necessary. The evidence submitted must be consistent with the criteria, standards, and regular processes the Census Bureau employs to generate the population estimate. Currently, the Census Bureau challenge process cannot accept estimates developed from methods different from those used by the Census Bureau. (b) For counties and statistical equivalents, the Census Bureau uses a cohort-component of change method to produce population estimates. Each year, the components of change are updated. These components include births, deaths, migration, and change in the group quarters population. The Census Bureau will consider a challenge based on additional information on one or more of the components of change or about the group quarters population in a locality. (c) For minor civil divisions and incorporated places, the Census Bureau uses a housing unit method to distribute a county population to places within its legal boundaries. The components in this method include housing units estimates, average household population per housing unit, and an estimate of the population in group quarters. The estimation formula was simplified to increase the accuracy of the estimates following the application of differential privacy as per the Census Bureau's new disclosure avoidance framework. As a result, the persons per household (PPH) and occupancy rate components were replaced with the average household population per housing unit. Additionally, the Census Bureau will consider a challenge based on data related to changes in an area's housing stock, such as data on demolitions, condemned units, uninhabitable units, building permits, or mobile home placements or other housing inventory-based data deemed comparable by the Census Bureau. The Census Bureau will also consider a challenge based on additional information about the group quarters population in a locality. … | ||||||
| 15:15:1.2.1.1.6.0.5.9 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.9 Review of a request for a challenge. | BIS | [91 FR 2855, Jan. 23, 2026] | The Chief, Population Division, Census Bureau, or the Chief's designee shall review the evidence provided with the request for the population estimate challenge, shall work with the governmental unit to verify the data provided by the governmental unit, and evaluate the data to resolve the issues raised by the governmental unit. Thereafter, the Census Bureau shall respond in writing with a decision to accept or deny the challenge. In the event the Census Bureau finds that the population estimate should be updated, it will also post the revised estimate on the Census Bureau's website ( www.census.gov ). | ||||||
| 28:28:2.0.1.1.36.1.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.1 General. | DOJ | [81 FR 85891, Nov. 29, 2016] | (a) This part implements certain provisions of the Violence Against Women Act (VAWA), and subsequent legislation as follows: (1) The Violence Against Women Act (VAWA), Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322 (Sept. 13, 1994); (2) The Violence Against Women Act of 2000 (VAWA 2000), Division B of the Victims of Trafficking and Violence Protection Act of 2000, Public Law 106-386 (Oct. 28, 2000); (3) The Violence Against Women Office Act, Title IV of the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (Nov. 2, 2002); (4) The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162 (January 5, 2006); and, (5) The Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public Law 113-4 (Mar. 7, 2013). (b) Subpart B of this part defines program eligibility criteria and sets forth requirements for application for and administration of formula grants to States to combat violent crimes against women. This program is codified at 42 U.S.C. 3796gg through 3796gg-5 and 3796gg-8. (c) Subpart C of this part was removed on September 9, 2013. (d) Subpart D of this part defines program eligibility criteria and sets forth requirements for the discretionary Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. (e) Subpart A of this part applies to all grants made by OVW and subgrants made under the STOP Violence Against Women Formula Program (STOP Program) and the Sexual Assault Services Formula Grant Program after the effective date of this rule. Subpart B of this part applies to all STOP Program grants issued by OVW after the effective date of the rule and to all subgrants issued by states under the STOP Program after the effective date of the rule, even if the underlying grant was issued by OVW prior to the effective date of the rule. | ||||
| 28:28:2.0.1.1.36.1.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.2 Definitions. | DOJ | [81 FR 85891, Nov. 29, 2016] | (a) In addition to the definitions in this section, the definitions in 42 U.S.C. 13925(a) apply to all grants awarded by the Office on Violence Against Women and all subgrants made under such awards. (b) The term “community-based program” has the meaning given the term “community-based organization” in 42 U.S.C. 13925(a). (c) The term “forensic medical examination” means an examination provided to a victim of sexual assault by medical personnel to gather evidence of a sexual assault in a manner suitable for use in a court of law. (1) The examination should include at a minimum: (i) Gathering information from the patient for the forensic medical history; (ii) Head-to-toe examination of the patient; (iii) Documentation of biological and physical findings; and (iv) Collection of evidence from the patient. (2) Any costs associated with the items listed in paragraph (c)(1) of this section, such as equipment or supplies, are considered part of the “forensic medical examination.” (3) The inclusion of additional procedures ( e.g., testing for sexually transmitted diseases) may be determined by the State, Indian tribal government, or unit of local government in accordance with its current laws, policies, and practices. (d) The term “prevention” includes both primary and secondary prevention efforts. “Primary prevention” means strategies, programming, and activities to stop both first-time perpetration and first-time victimization. Primary prevention is stopping domestic violence, dating violence, sexual assault, and stalking before they occur. “Secondary prevention” is identifying risk factors or problems that may lead to future domestic violence, dating violence, sexual assault, or stalking and taking the necessary actions to eliminate the risk factors and the potential problem. “Prevention” is distinguished from “outreach,” which has the goal of informing victims and potential victims about available services. (e) The term “prosecution” means any public agency charged with direct responsibility for prosecuti… | ||||
| 28:28:2.0.1.1.36.1.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.3 Participation by faith-based organizations. | DOJ | [Order No. 2703-2004, 69 FR 2841, Jan. 21, 2004] | The funds provided under this part shall be administered in compliance with the standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. | ||||
| 28:28:2.0.1.1.36.1.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.4 Grant conditions. | DOJ | [81 FR 85891, Nov. 29, 2016] | (a) Applicability. In addition to the grant conditions in paragraphs (b) and (c) of this section, the grant conditions in 42 U.S.C. 13925(b) apply to all grants awarded by the Office on Violence Against Women and all subgrants made under such awards. (b) Nondisclosure of confidential or private information —(1) In general. In order to ensure the safety of adult, youth, and child victims of domestic violence, dating violence, sexual assault, or stalking and their families, grantees and subgrantees under this part shall protect the confidentiality and privacy of persons receiving services. (2) Nondisclosure. (i) Subject to paragraph (b)(3) of this section, grantees and subgrantees shall not disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees' and subgrantees' programs, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected. (ii) This paragraph applies whether the information is being requested for a Department of Justice grant program or another Federal agency, State, tribal, or territorial grant program. This paragraph also limits disclosures by subgrantees to grantees, including disclosures to Statewide or regional databases. (iii) This paragraph also applies to disclosures from the victim services divisions or components of an organization, agency, or government to other non-victim service divisions within an organization, agency, or government. It also applies to disclosures from victim services divisions or components of an organization, agency, or government to the leadership of the organization, agency, or government ( e.g., executive director or chief executive). Such executives shall have access without releases only in extraordinary and rare circumstances. Such circumstances do not include routine monitoring and supervision. (3) Release. (i) Personally identifying information or individual information that is collected as described in paragra… | ||||
| 28:28:2.0.1.1.36.2.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.10 STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program—general. | DOJ | The purposes, criteria, and requirements for the STOP Violence Against Women Formula Grant Program are established by 42 U.S.C. 3796gg et seq. Eligible applicants for the program are the 50 States, American Samoa, Guam, Puerto Rico, Northern Mariana Islands, U.S. Virgin Islands, and the District of Columbia, hereinafter referred to as “States.” | |||||
| 28:28:2.0.1.1.36.2.1.10 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.19 Application content. | DOJ | (a) Format. Applications from the States for the STOP Program must be submitted as described in the annual solicitation. The Office on Violence Against Women will notify each State office as designated pursuant to § 90.11 when the annual solicitation is available. The solicitation will include guidance on how to prepare and submit an application for grants under this subpart. (b) Requirements. The application shall include all information required under 42 U.S.C. 3796gg-1(d). | |||||
| 28:28:2.0.1.1.36.2.1.11 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.21 Evaluation. | DOJ | (a) Recipients of funds under this subpart must agree to cooperate with Federally-sponsored evaluations of their projects. (b) Recipients of STOP Program funds are strongly encouraged to develop a local evaluation strategy to assess the impact and effectiveness of the program funded under the STOP Program. Funds may not be used for conducting research or evaluations. Applicants should consider entering into partnerships with research organizations that are submitting simultaneous grant applications to the National Institute of Justice for this purpose. | |||||
| 28:28:2.0.1.1.36.2.1.12 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.22 Review of State applications. | DOJ | (a) General. The provisions of Part T of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3796gg et seq., and of this subpart provide the basis for review and approval or disapproval of State applications and amendments. (b) Intergovernmental review. This program is covered by Executive Order 12372 (Intergovernmental Review of Federal Programs) and implementing regulations at 28 CFR part 30. A copy of the application submitted to the Office on Violence Against Women should also be submitted at the same time to the State's Single Point of Contact, if there is a Single Point of Contact. | |||||
| 28:28:2.0.1.1.36.2.1.13 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.23 Annual grantee and subgrantee reporting. | DOJ | Subgrantees shall complete annual progress reports and submit them to the State, which shall review them and submit them to OVW or as otherwise directed. In addition, the State shall complete an annual progress report, including an assessment of whether or not annual goals and objectives were achieved. | |||||
| 28:28:2.0.1.1.36.2.1.14 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.24 Activities that may compromise victim safety and recovery. | DOJ | Because of the overall purpose of the STOP Program to enhance victim safety and offender accountability, grant funds may not be used to support activities that compromise victim safety and recovery. The grant program solicitation each year will provide examples of such activities. | |||||
| 28:28:2.0.1.1.36.2.1.15 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.25 Reallocation of funds. | DOJ | This section implements 42 U.S.C. 3796gg-1(j), regarding reallocation of funds. (a) Returned funds. A State may reallocate funds returned to the State, within a reasonable amount of time before the award end date. (b) Insufficient eligible applications. A State may also reallocate funds if the State does not receive sufficient eligible applications to award the full funding under the allocations in 42 U.S.C. 3796gg-1(c)(4). An “eligible” application is one that is from an eligible entity that has the capacity to perform the proposed services, proposes activities within the scope of the program, and does not propose significant activities that compromise victim safety. States should have the following information on file to document the lack of sufficient eligible applications: (1) A copy of their solicitation; (2) Documentation on how the solicitation was distributed, including all outreach efforts to entities from the allocation in question, which entities the State reached out to that did not apply, and, if known, why those entities did not apply; (3) An explanation of their selection process; (4) A list of who participated in the selection process (name, title, and employer); (5) Number of applications that were received for the specific allocation category; (6) Information about the applications received, such as what agency or organization they were from, how much money they were requesting, and any reasons the applications were not funded; (7) If applicable, letters from any relevant State-wide body explaining the lack of applications, such as from the State Court Administrator if the State is seeking to reallocate money from courts; and (8) For the culturally specific allocation, in addition to the items in paragraphs (b)(1) through (7) of this section, demographic statistics of the relevant racial and ethnic minority groups within the State and documentation that the State has reached out to relevant organizations within the State or national organizations. | |||||
| 28:28:2.0.1.1.36.2.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.11 State office. | DOJ | (a) Statewide plan and application. The chief executive of each participating State shall designate a State office for the purposes of: (1) Certifying qualifications for funding under this program; (2) Developing a Statewide plan for implementation of the STOP Violence Against Women Formula Grants as described in § 90.12; and (3) Preparing an application to receive funds under this program. (b) Administration and fund disbursement. In addition to the duties specified by paragraph (a) of this section, the State office shall administer funds received under this program, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. (c) Allocation requirement. (1) The State office shall allocate funds as provided in 42 U.S.C. 3796gg-1(c)(4) to courts and for law enforcement, prosecution, and victim services (including funds that must be awarded to culturally specific community-based organizations). (2) The State office shall ensure that the allocated funds benefit law enforcement, prosecution and victim services and are awarded to courts and culturally specific community-based organizations. In ensuring that funds benefit the appropriate entities, if funds are not subgranted directly to law enforcement, prosecution, and victim services, the State must require demonstration from the entity to be benefitted in the form of a memorandum of understanding signed by the chief executives of both the entity and the subgrant recipient, stating that the entity supports the proposed project and agrees that it is to the entity's benefit. (3) Culturally specific allocation: 42 U.S.C. 13925 defines “culturally specific” as primarily directed toward racial and ethnic minority groups (as defined in 42 U.S.C. 300u-6(g)). An organization will qualify for funding for the culturally specific allocation if its primary mission is to address the needs of racial and ethnic minority groups or if it has developed a spe… | |||||
| 28:28:2.0.1.1.36.2.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.12 Implementation plans. | DOJ | (a) In general. Each State must submit a plan describing its identified goals under this program and how the funds will be used to accomplish those goals. The plan must include all of the elements specified in 42 U.S.C. 3796gg-1(i). The plan will cover a four-year period. In years two through four of the plan, each State must submit information on any updates or changes to the plan, as well as updated demographic information. (b) Consultation and coordination. In developing and updating this plan, a State must consult and coordinate with the entities specified in 42 U.S.C. 3796gg-1(c)(2). (1) This consultation process must include at least one sexual assault victim service provider and one domestic violence victim service provider and may include other victim service providers. (2) In determining what population specific organizations, representatives from underserved populations, and culturally specific organizations to include in the consultation process, States should consider the demographics of their State as well as barriers to service, including historical lack of access to services, for each population. The consultation process should involve any significant underserved and culturally specific populations in the State, including organizations working with lesbian, gay, bisexual, and transgender (LGBT) people and organizations that focus on people with limited English proficiency. If the State does not have any culturally specific or population specific organizations at the State or local level, the State may use national organizations to collaborate on the plan. (3) States must invite all State or federally recognized tribes to participate in the planning process. Tribal coalitions and State or regional tribal consortia may help the State reach out to the tribes but cannot be used as a substitute for consultation with all tribes. (4) States are encouraged to include survivors of domestic violence, dating violence, sexual assault, and stalking in the planning process. States that include survivors… | |||||
| 28:28:2.0.1.1.36.2.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.13 Forensic medical examination payment requirement. | DOJ | (a) To be eligible for funding under this program, a State must meet the requirements at 42 U.S.C. 3796gg-4(a)(1) with regard to incurring the full out-of-pocket costs of forensic medical examinations for victims of sexual assault. (b) “Full out-of-pocket costs” means any expense that may be charged to a victim in connection with a forensic medical examination for the purpose of gathering evidence of a sexual assault ( e.g., the full cost of the examination, an insurance deductible, or a fee established by the facility conducting the examination). For individuals covered by insurance, full out-of-pocket costs means any costs that the insurer does not pay. (c) Coverage of the cost of additional procedures ( e.g., testing for sexually transmitted diseases) may be determined by the State or governmental entity responsible for paying the costs. (d) States are strongly discouraged from billing a victim's private insurance and may only do so as a source of payment for the exams if they are not using STOP Program funds to pay for the cost of the exams. In addition, any expenses not covered by the insurer must be covered by the State or other governmental entity and cannot be billed to the victim. This includes any deductibles or denial of claims by the insurer. (e) The State or other governmental entity responsible for paying the costs of forensic medical exams must coordinate with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims. States can meet this obligation by partnering with associations that are likely to have the broadest reach to the relevant health care providers, such as forensic nursing or hospital associations. States with significant tribal populations should also consider reaching out to local Indian Health Service facilities. | |||||
| 28:28:2.0.1.1.36.2.1.5 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.14 Judicial notification requirement. | DOJ | (a) To be eligible for funding under this program, a State must meet the requirements of 42 U.S.C. 3796gg-4(e) with regard to judicial notification to domestic violence offenders of Federal prohibitions on their possession of a firearm or ammunition in 18 U.S.C. 922(g)(8) and (9) and any applicable related Federal, State, or local laws.. (b) A unit of local government shall not be eligible for subgrants from the State unless it complies with the requirements of 42 U.S.C. 3796gg-4(e) with respect to its judicial administrative policies and practices. | |||||
| 28:28:2.0.1.1.36.2.1.6 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.15 Costs for criminal charges and protection orders. | DOJ | (a) To be eligible for funding under this program, a State must meet the requirements of 42 U.S.C. 3796gg-5 with regard to not requiring victims to bear the costs for criminal charges and protection orders in cases of domestic violence, dating violence, sexual assault, or stalking. (b) An Indian tribal government, unit of local government, or court shall not be eligible for subgrants from the State unless it complies with the requirements of 42 U.S.C. 3796gg-5 with respect to its laws, policies, and practices not requiring victims to bear the costs for criminal charges and protection orders in cases of domestic violence, dating violence, sexual assault, or stalking. | |||||
| 28:28:2.0.1.1.36.2.1.7 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.16 Polygraph testing prohibition. | DOJ | (a) For a State to be eligible for funding under this program, the State must meet the requirements of 42 U.S.C. 3796gg-8 with regard to prohibiting polygraph testing of sexual assault victims. (b) An Indian tribal government or unit of local government shall not be eligible for subgrants from the State unless it complies with the requirements of 42 U.S.C. 3796gg-8 with respect to its laws, policies, or practices prohibiting polygraph testing of sexual assault victims. | |||||
| 28:28:2.0.1.1.36.2.1.8 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.17 Subgranting of funds. | DOJ | (a) In general. Funds granted to qualified States are to be further subgranted by the State to agencies, offices, and programs including, but not limited to, State agencies and offices; State and local courts; units of local government; public agencies; Indian tribal governments; victim service providers; community-based organizations; and legal services programs to carry out programs and projects to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women, and specifically for the purposes listed in 42 U.S.C. 3796gg(b) and according to the allocations specified in 42 U.S.C. 3796gg-1(c)(4) for law enforcement, prosecution, victim services, and courts. (b) Administrative costs. States are allowed to use up to ten percent of the award amount for each allocation category under 42 U.S.C. 3796gg-1(c)(4) (law enforcement, prosecution, courts, victim services, and discretionary) to support the State's administrative costs. Amounts not used for administrative costs should be used to support subgrants. (1) Funds for administration may be used only for costs directly associated with administering the STOP Program. Where allowable administrative costs are allocable to both the STOP Program and another State program, the STOP Program grant may be charged no more than its proportionate share of such costs. (2) Costs directly associated with administering the STOP Program generally include the following: (i) Salaries and benefits of State office staff and consultants to administer and manage the program; (ii) Training of State office staff, including, but not limited to, travel, registration fees, and other expenses associated with State office staff attendance at technical assistance meetings and conferences relevant to the program; (iii) Monitoring compliance of STOP Program subgrantees with Federal and State requirements, provision of technical assistance, and eva… | |||||
| 28:28:2.0.1.1.36.2.1.9 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.18 Matching funds. | DOJ | (a) In general. Subject to certain exclusions, States are required to provide a 25-percent non-Federal match. This does not apply to territories. This 25-percent match may be cash or in-kind services. States are expected to submit written documentation that identifies the source of the match. Funds awarded to victim service providers for victim services or to tribes are excluded from the total award amount for purposes of calculating match. This includes funds that are awarded under the “discretionary” allocation for victim services purposes and funds that are reallocated from other categories to victim services. (b) In-kind match. In-kind match may include donations of expendable equipment; office supplies; workshop or education and training materials; work space; or the monetary value of time contributed by professional and technical personnel and other skilled and unskilled labor, if the services provided are an integral and necessary part of a funded project. Value for in-kind match is guided by 2 CFR 200.306. The value placed on loaned equipment may not exceed its fair rental value. The value placed on donated services must be consistent with the rate of compensation paid for similar work in the organization or the labor market. Fringe benefits may be included in the valuation. Volunteer services must be documented and, to the extent feasible, supported by the same valuation methods used by the recipient organization for its own employees. The value of donated space may not exceed the fair rental value of comparable space, as established by an independent appraisal of comparable space and facilities in a privately owned building in the same locality. The value for donated supplies shall be reasonable and not exceed the fair market value at the time of the donation. The basis for determining the value of personal services, materials, equipment, and space must be documented. (c) Tribes and victim services providers. States may not require match to be provided in subgrants for Indian tribes or victim se… | |||||
| 28:28:2.0.1.1.36.3.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.30 Definitions. | DOJ | The definitions in 25 U.S.C. 1304(a) apply to the Reimbursement to Tribal Governments for Expenses Incurred in Exercising Special Tribal Criminal Jurisdiction (hereinafter referred to as “the Tribal Reimbursement Program” or “this program”). | |||||
| 28:28:2.0.1.1.36.3.1.10 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.39 Expenses documentation. | DOJ | Documentation of expenses retained on file by participating Tribes pursuant to sections 90.34 and 90.35 must be adequate for an audit. At a minimum, participating Tribes must retain the general accounting ledger and all supporting documents, including invoices, sales receipts, or other proof of expenses incurred for those expenses reimbursed by the Tribal Reimbursement Program. Such records must be retained for a period of three years from the end of the calendar year during which the participating Tribe sought reimbursement. All financial records pertinent to the Tribal Reimbursement Program, including the general accounting ledger and all supporting documents, are subject to agency review during the calendar year in which reimbursement is sought, during any audit, and for the three-year retention period. | |||||
| 28:28:2.0.1.1.36.3.1.11 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.40 Other sources of funding. | DOJ | If there are other sources of federal funding available to pay for a particular cost associated with the exercise of STCJ, participating Tribes must expend funds from those sources before seeking reimbursement from this program. Examples include existing Department of Justice grant funds, Medicare/Medicaid, and Bureau of Indian Affairs funding. | |||||
| 28:28:2.0.1.1.36.3.1.12 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.41 Denial of specific expenses for reimbursement. | DOJ | If reimbursement of specific expenses is denied, the participating Tribe may request review of the denial via a letter to the OVW Director stating the reason why the denied expense was eligible for reimbursement. OVW must receive the letter within 30 calendar days of the denial. The OVW Director will review the letter and notify the participating Tribe of a final decision within 30 days of receipt of the letter. | |||||
| 28:28:2.0.1.1.36.3.1.13 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.42 Monitoring and audit. | DOJ | Tribes receiving reimbursement of expenses under the Tribal Reimbursement Program will be subject to regular monitoring and audits to ensure that expenses are properly documented and are allocable to the exercise of STCJ. | |||||
| 28:28:2.0.1.1.36.3.1.14 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.43 Corrective action. | DOJ | Reimbursement requests later found not to meet statutory, regulatory, or other program requirements may result in a corrective action plan and/or recovery/recoupment. Participating Tribes that fail to submit the required summary of eligible expenses under §§ 90.34 and 90.35, respond to requests for information during monitoring or auditing, or follow a corrective action plan or return funds expended on ineligible expenses will be deemed ineligible for additional Tribal Reimbursement Program funds, in the same or another calendar year, until such deficiencies are remedied. | |||||
| 28:28:2.0.1.1.36.3.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.31 Eligibility. | DOJ | (a) Tribal governments eligible to seek reimbursement under this program are the governments of Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian Tribes, that exercise Special Tribal Criminal Jurisdiction (STCJ), as defined by 25 U.S.C. 1304(a)(14) or section 812(5) of Public Law 117-103 (“participating Tribes”). (b) Tribes that are in the planning phases prior to implementing STCJ are not eligible for reimbursement of planning costs from this program. (c) Participating Tribes that are currently exercising jurisdiction over non-Indian offenders who commit any covered crime, as defined by 25 U.S.C. 1304(a)(5), and are in the planning phase to exercise jurisdiction over additional covered crimes are eligible for reimbursement with regard to the cases for which they already are exercising jurisdiction but not for planning costs. | |||||
| 28:28:2.0.1.1.36.3.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.32 Reimbursement request. | DOJ | Each year for which funds are available for the Tribal Reimbursement Program, the Office on Violence Against Women (OVW) will issue a Notice of Reimbursement Opportunity with instructions on how to apply for the maximum allowable reimbursement. The reimbursement request for each participating Tribe will include a certification that the participating Tribe meets the eligibility requirements of § 90.31. It will also include a list of expenses that the participating Tribe incurred in exercising STCJ in the previous year, in categories such as law enforcement, prosecution, indigent defense, pre-trial services, corrections, and probation. If a participating Tribe has newly implemented tribal criminal jurisdiction over non-Indians and therefore cannot submit 12 months' worth of expenses for the prior year, the participating Tribe may use estimated amounts for each category of expenses. | |||||
| 28:28:2.0.1.1.36.3.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.33 Division of funds: maximum allowable reimbursement and waivers. | DOJ | OVW will set aside for this program up to 40 percent of funds appropriated pursuant to 25 U.S.C. 1304(j), unless otherwise provided by law. The funds set aside for the Tribal Reimbursement Program will be divided into two parts: one part that will guarantee the availability of funds for each participating Tribe that requests reimbursement up to the maximum allowable reimbursement, and one part that will fund waivers of the maximum. In the first year that OVW administers appropriated funds for this program, OVW will allot 25 percent of Tribal Reimbursement Program funds for maximum allowable reimbursements. In subsequent years, OVW may adjust this percentage, based on the appropriations available, the number of participating Tribes, the extent to which participating Tribes expend the maximum allowable reimbursement in the prior year, and the total dollar amount of waivers requested during the prior year. OVW also may consider whether demand for grant funds under the Tribal Jurisdiction Program warrants adjusting this percentage. | |||||
| 28:28:2.0.1.1.36.3.1.5 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.34 Annual maximum allowable reimbursement per participating Tribe. | DOJ | Each participating Tribe will receive access to an equal portion of the funds set aside for maximum allowable reimbursements under § 90.33 ( e.g., 25 percent of the total funds available for the Tribal Reimbursement Program), unless their prior year expenses were less than the maximum amount, in which case they will be limited to the actual amount of their prior year expenses. Over the course of a calendar year, participating Tribes may draw down funds from the maximum allowable reimbursement as needed for eligible expenses as described in § 90.36. Participating Tribes are not required to provide documentation at the time they draw down from the maximum allowable reimbursement. Participating Tribes must provide a summary of eligible expenses at the end of the calendar year, which must identify actual expenditures eligible for reimbursement, including dollar amounts for each expenditure and how they were calculated, and must keep documentation on file to support each claimed expense. Such documentation must be sufficient to meet the standards that 2 CFR part 200 provides for grants. | |||||
| 28:28:2.0.1.1.36.3.1.6 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.35 Conditions for waiver of annual maximum. | DOJ | (a) If participating Tribes incur eligible expenses in excess of their annual maximum allowable reimbursement, they may request a waiver of the annual maximum at the end of the calendar year. Requests for a waiver must include the summary of eligible expenses required by section 90.34 that shows how the maximum allowable reimbursement funds were spent and an additional summary of eligible expenses that identifies actual expenditures eligible for reimbursement in excess of the maximum, including dollar amounts for each expenditure and how they were calculated. Participating Tribes are not required to provide documentation at the end of the calendar year when they submit their waiver request but must keep documentation on file to support each claimed expense. Such documentation must be sufficient to meet the standards that 2 CFR part 200 provides for grants. (b) Waivers will be calculated at the end of the calendar year based on available funds. If there are not sufficient funds available to reimburse the total eligible expenses requested by all participating Tribes, each Tribe will get the same percentage of their additional costs met. This percentage will be calculated by comparing the funds available and the total amount requested for waivers. | |||||
| 28:28:2.0.1.1.36.3.1.7 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.36 Categories of expenses eligible for reimbursement. | DOJ | Participating Tribes may apply for the maximum allowable reimbursement and waiver funds for the following expenses associated with the exercise of STCJ for each calendar year. For an expense to be eligible, the cost must be incurred in response to a report of a covered crime committed by a non-Indian, but there does not need to be an arrest or a prosecution for the offense. The summary of eligible expenses submitted each year must demonstrate how costs were calculated. Following are examples of types of eligible costs that participating Tribes may include and basis for calculations. (a) Law enforcement expenses such as officer time (including response, interviews, follow-up, report writing, and court time); sexual assault kits or other evidentiary supplies; and testing, analysis, and storage of evidence. Requests for reimbursement must be based on actual costs attributed to SCTJ cases. (b) Incarceration expenses such as prison and jail costs and prisoner transportation costs, whether through contract or Tribally owned facilities. Requests for reimbursement must be based on actual costs attributed to STCJ cases and may be based on per diem costs for housing non-Indian offenders. (c) Offender medical and dental expenses not otherwise covered by insurance policies or federal sources such as Medicaid, including costs for insurance for offenders. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (d) Prosecution expenses such as staff time (including meetings, interviews, filings, research, preparation, court, and other time that can be demonstrated as allocable to prosecuting a covered crime); expert witness fees; exhibits; witness costs; and copying costs. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (e) Defense counsel expenses such as staff time (including meetings, interviews, filings, research, preparation, court, and other time that can be demonstrated as allocable to defending one or more non-Indian offenders charged with one or more co… | |||||
| 28:28:2.0.1.1.36.3.1.8 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.37 Ineligible expenses. | DOJ | Participating Tribes are not permitted to request reimbursement for the following: (a) Planning: Expenses associated with planning to exercise STCJ, such as code drafting. (b) Training, including costs for training criminal justice personnel, court personnel, or others. (c) Any expenses not incurred in, relating to, or associated with exercising STCJ. | |||||
| 28:28:2.0.1.1.36.3.1.9 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.38 Collection of expenses from offenders. | DOJ | If a participating Tribe recoups expenses related to exercise of STCJ from the convicted offenders prior to receiving reimbursement for such expenses, then the recouped funds shall be used prior to seeking reimbursement through the Tribal Reimbursement Program. If a participating Tribe recoups expenses related to exercise of STCJ from the convicted offenders subsequent to receiving reimbursement for such expenses, such funds must be used toward exercise of STCJ. | |||||
| 28:28:2.0.1.1.36.4.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.60 Scope. | DOJ | The eligibility criteria, purpose areas, application requirements, and statutory priorities for this program are established by 42 U.S.C. 3796hh et seq. | |||||
| 28:28:2.0.1.1.36.4.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.61 Definitions and grant conditions. | DOJ | (a) In general. For purposes of this subpart, the definitions and grant conditions in 42 U.S.C. 13925 apply. (b) Unit of local government. For the purpose of this subpart, a unit of local government is any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. The following are not considered units of local government for purposes of this subpart: (1) Police departments; (2) Pre-trial service agencies; (3) District or city attorneys' offices; (4) Sheriffs' departments; (5) Probation and parole departments; (6) Shelters; (7) Nonprofit, nongovernmental victim service providers; and (8) Universities. | |||||
| 28:28:2.0.1.1.36.4.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.62 Purposes. | DOJ | (a) Purpose areas for the program are provided by 42 U.S.C. 3796hh(b). (b) Grants awarded for these purposes must demonstrate meaningful attention to victim safety and offender accountability. | |||||
| 28:28:2.0.1.1.36.4.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.63 Eligibility. | DOJ | (a) Eligible entities. Eligible entities are described in 42 U.S.C. 3796hh(c). (b) Certifications —(1) State, local, and tribal governments. State, local, and tribal government applicants must certify that they meet the requirements of 42 U.S.C. 3796hh(c)(A)-(E) or that they will meet the requirements by the statutory deadline. (2) Courts. Court applicants must certify that they meet the requirements of 42 U.S.C. 3796hh(c)(C)-(E) or that they will meet the requirements by the statutory deadline. (3) State, tribal, or territorial domestic violence or sexual assault coalitions or victim service providers. Applicants that are domestic violence or sexual assault coalitions or other victim service providers must partner with a State, local, or tribal government. The partner government must certify that it meets the requirements of 42 U.S.C. 3796hh(c)(A)-(E) or that it will meet the requirements by the statutory deadline. (4) Letters. Eligible applicants or partners must submit a letter with proper certifications signed by the chief executive officer of the State, local government, or tribal government participating in the project, in order to satisfy these statutory requirements. OVW will not accept submission of statutes, laws or policies in lieu of such a letter. (c) Partnerships —(1) Governments and courts. All State, local, and tribal government and court applicants are required to enter into a formal collaboration with victim service providers and, as appropriate, population specific organizations. Sexual assault, domestic violence, dating violence, or stalking victim service providers must be involved in the development and implementation of the project. In addition to the requirements of 42 U.S.C. 13925, victim service providers should meet the following criteria: (i) Address a demonstrated need in their communities by providing services that promote the dignity and self-sufficiency of victims, improve their access to resources, and create options for victims seeking safety from perpetrator … | |||||
| 28:28:2.0.1.1.36.4.1.5 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.64 Speedy notice to victims. | DOJ | (a) In general. A State or unit of local government shall not be entitled to 5 percent of the funds allocated under this subpart, unless the State or unit of local government certifies that it meets the requirements regarding speedy notice to victims provided in 42 U.S.C. 3796hh(d). (b) Units of local governments. (1) Units of local government grantees may certify based on State or local law, policy, or regulation. (2) In the event that a unit of local government does not have authority to prosecute “crime[s] in which by force or threat of force the perpetrator compels the victim to engage in sexual activity[,]” the unit of local government may submit a letter from an appropriate legal authority in the jurisdiction certifying that the jurisdiction does not have the authority to prosecute “crime[s] in which by force or threat of force the perpetrator compels the victim to engage in sexual activity” and that therefore the certification is not relevant to the unit of local government in question. | |||||
| 28:28:2.0.1.1.36.4.1.6 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.65 Application content. | DOJ | (a) Format. Applications from eligible entities must be submitted as described in the relevant program solicitation developed by the Office on Violence Against Women and must include all the information required by 42 U.S.C. 3796hh-1(a). (b) Certification. Each eligible applicant must certify that all the information contained in the application is correct. All submissions will be treated as a material representation of fact upon which reliance will be placed, and any false or incomplete representation may result in suspension or termination of funding, recovery of funds provided, and civil and/or criminal sanctions. | |||||
| 28:28:2.0.1.1.36.4.1.7 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.66 Evaluation. | DOJ | (a) Recipients of Arrest Program funds must agree to cooperate with federally-sponsored research and evaluation studies of their projects at the direction of the Office on Violence Against Women. (b) Grant funds may not be used for purposes of conducting research or evaluations. Recipients of Arrest Program funds are, however, strongly encouraged to develop a local evaluation strategy to assess the impact and effectiveness of their projects. Applicants should consider entering into partnerships with research organizations that are submitting simultaneous grant applications to the National Institute of Justice or other research funding sources for this purpose. | |||||
| 28:28:2.0.1.1.36.4.1.8 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.67 Review of applications. | DOJ | The provisions of 42 U.S.C. 3796 et seq. and this subpart provide the basis for review and approval or disapproval of applications and amendments in whole or in part. | |||||
| 33:33:1.0.1.5.45.0.26.1 | 33 | Navigation and Navigable Waters | I | E | 90 | PART 90—INLAND RULES: INTERPRETATIVE RULES | § 90.1 Purpose. | USCG | This part contains the interpretative rules for the Inland Rules. These interpretative rules are intended as a guide to assist the public and promote compliance with the Inland Rules. | ||||||
| 33:33:1.0.1.5.45.0.26.2 | 33 | Navigation and Navigable Waters | I | E | 90 | PART 90—INLAND RULES: INTERPRETATIVE RULES | § 90.3 Pushing vessel and vessel being pushed: Composite unit. | USCG | Rule 24(b) of the Inland Rules states that when a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit, they are regarded as a power-driven vessel and must exhibit the lights prescribed in Rule 23. A “composite unit” is interpreted to be the combination of a pushing vessel and a vessel being push ahead that are rigidly connected by mechanical means so they react to sea and swell as one vessel. Mechanical means does not include lines, wires, hawsers, or chains. | ||||||
| 33:33:1.0.1.5.45.0.26.3 | 33 | Navigation and Navigable Waters | I | E | 90 | PART 90—INLAND RULES: INTERPRETATIVE RULES | § 90.5 Lights for moored vessels. | USCG | [CGD 94-011, 63 FR 5732, Feb. 4, 1998, as amended by USCG-2015-0433, 80 FR 44281, July 27, 2015] | A vessel at anchor includes a vessel made fast to one or more mooring buoys or other similar device attached to the ocean floor. Such vessels may be lighted as a vessel at anchor in accordance with Rule 30, or may be lighted on the corners in accordance with 33 CFR 88.30(h) through (l). | |||||
| 33:33:1.0.1.5.45.0.26.4 | 33 | Navigation and Navigable Waters | I | E | 90 | PART 90—INLAND RULES: INTERPRETATIVE RULES | § 90.7 Sidelights for unmanned barges. | USCG | [CGD 94-011, 63 FR 5732, Feb. 4, 1998] | An unmanned barge being towed may use the exception of COLREGS Rule 24(h). However, this exception only applies to the vertical sector requirements for sidelights. | |||||
| 40:40:22.0.1.1.6.0.1.1 | 40 | Protection of Environment | I | C | 90 | PART 90—CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS | § 90.1 Applicability. | EPA | The Environmental Protection Agency adopted emission standards for model year 1997 and later nonroad spark-ignition engines below 19 kW under this part. EPA has migrated regulatory requirements for these engines to 40 CFR part 1054, with additional testing and compliance provisions in 40 CFR parts 1065 and 1068. The Phase 1 and Phase 2 standards originally adopted in this part are identified in 40 CFR part 1054, appendix I. See 40 CFR 1054.1 for information regarding the timing of the transition to 40 CFR part 1054, and for information regarding regulations that continue to apply for engines that manufacturers originally certified or otherwise produced under this part. | ||||||
| 40:40:22.0.1.1.6.0.1.2 | 40 | Protection of Environment | I | C | 90 | PART 90—CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS | §§ 90.2 through 90.3 [Reserved] | EPA | |||||||
| 46:46:4.0.1.1.1.1.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.01 | Subpart 90.01—Authority and Purpose | § 90.01-1 Purpose of regulations. | USCG | [CGD 95-028, 62 FR 51205, Sept. 30, 1997, as amended by USCG-2012-0196, 81 FR 48261, July 22, 2016] | The purpose of the regulations in this subchapter is to set forth uniform minimum requirements for cargo and miscellaneous vessels, as listed in Column 5 of table 90.05-1(a). The regulations in this subchapter (parts 90, 91, 92, 93, 95, 96, 97, 98, and 105) have preemptive effect over State or local regulation within the same fields. | |||
| 46:46:4.0.1.1.1.1.1.2 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.01 | Subpart 90.01—Authority and Purpose | § 90.01-7 Right of appeal. | USCG | [CGD 88-033, 54 FR 50380, Dec. 6, 1989] | Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter. | |||
| 46:46:4.0.1.1.1.1.1.3 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.01 | Subpart 90.01—Authority and Purpose | § 90.01-15 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | USCG | [CGD 88-072, 53 FR 34297, Sept. 6, 1988, as amended by CGD 82-004a, 55 FR 2525, Jan. 25, 1990; CGD 89-037, 57 FR 41822, Sept. 11, 1992; USCG-2004-18884, 69 FR 58347, Sept. 30, 2004] | (a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f), which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement. (b) Display. | |||
| 46:46:4.0.1.1.1.2.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.05 | Subpart 90.05—Application | § 90.05-1 Vessels subject to requirements of this subchapter. | USCG | [CGFR 65-50, 30 FR 16970, Dec. 30, 1965] | (a) This subchapter is applicable to all U.S.-flag vessels indicated in Column 4 of Table 2.01-7(A) and to all such foreign-flag vessels which carry 12 or fewer passengers from any port in the United States to the extent prescribed by law, except as follows: (1) Any vessel of a foreign nation signatory to the International Convention for Safety of Life at Sea, 1974, and which has on board a current, valid safety equipment certificate. (2) Any vessel operating exclusively on inland waters which are not navigable waters of the United States. (3) Any vessel while laid up and dismantled and out of commission. (4) With the exception of vessels of the U.S. Maritime Administration, any vessel with title vested in the United States and which is used for public purposes. (b) Notwithstanding the exception previously noted in paragraph (a)(1) of this section, foreign vessels of novel design or construction or whose operation involves potential unusual risks shall be subject to inspection to the extent necessary to safeguard life and property in United States ports, as further provided by § 2.01-13 of subchapter A (Procedures Applicable to the Public) of this chapter. (c) Notwithstanding the exception noted in paragraph (a)(1) of this section, each foreign vessel shall report marine casualties occurring while the vessel is in the navigable waters of the United States as required by subpart 97.07. | |||
| 46:46:4.0.1.1.1.2.1.2 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.05 | Subpart 90.05—Application | § 90.05-5 Specific application noted in text. | USCG | (a) At the beginning of the various parts, subparts, and sections, a more specific application is generally given for the particular portion of the text involved. This application sets forth the types, sizes, or services or vessels to which the text pertains, and in many cases limits the application of the text to vessels contracted for before or after a specific date. As used in this subchapter, the term “vessels contracted for” includes not only the contracting for the construction of a vessel, but also the contracting for a material alteration to a vessel, the contracting for the conversion of a vessel to a cargo or miscellaneous vessel, and the changing of service or route of a vessel if such change increases or modifies the general requirements for the vessel or increases the hazards to which it might be subjected. | ||||
| 46:46:4.0.1.1.1.2.1.3 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.05 | Subpart 90.05—Application | § 90.05-7 Ocean or unlimited coastwise vessels on inland and Great Lakes routes. | USCG | (a) Vessels inspected and certificated for ocean or unlimited coastwise routes shall be considered suitable for navigation insofar as the provisions of this subchapter are concerned on any inland routes, including the Great Lakes. | ||||
| 46:46:4.0.1.1.1.2.1.4 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.05 | Subpart 90.05—Application | § 90.05-10 Application to vessels on an international voyage. | USCG | [CGD 72-131R, 38 FR 29320, Oct. 24, 1973, as amended by CGD 90-008, 55 FR 30661, July 26, 1990; CGD 84-069, 61 FR 25288, May 20, 1996] | (a) Except for yachts and fishing vessels and as provided in paragraphs (b), (c), and (d) of this section, the regulations in this subchapter that apply to a vessel on an “international voyage” apply to a vessel that— (1) Is mechanically propelled and of at least 500 gross tons; and (2) Is engaged on a voyage— (i) From a country to which the International Convention for Safety of Life at Sea, 1974, (SOLAS 74) applies, to a port outside that country or the reverse; (ii) From any territory, including the Commonwealth of Puerto Rico, all possessions of the United States and all lands held by the United States under a protectorate or mandate, whose international relations are the responsibility of a contracting SOLAS 74 government, or which is administered by the United Nations, to a port outside the territory or the reverse; or (iii) Between the contiguous states of the United States and the states of Hawaii or Alaska or between the states of Hawaii and Alaska. (b) The regulations that apply to a vessel on an “international voyage” in this subchapter do not apply to ships engaged on a voyage solely on the Great Lakes and the St. Lawrence River as far east as a straight line drawn from Cap de Rosiers to West Point, Anticosti Island, the 63d Meridian; (c) The Commandant or his authorized representative may exempt any vessel on an international voyage from the requirements of this subchapter if the vessel— (1) Makes a single international voyage in exceptional circumstances; and (2) Meets safety requirements prescribed for the voyage by the Commandant. (d) The Commandant or his authorized representative may exempt any vessel from the construction requirements of this subchapter if the vessel does not proceed more than 20 nautical miles from the nearest land in the course of its voyage. | |||
| 46:46:4.0.1.1.1.2.1.5 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.05 | Subpart 90.05—Application | § 90.05-20 Applicability to offshore supply vessels. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49321, Sept. 19, 1997, as amended by USCG-2012-0208, 79 FR 48925, Aug. 18, 2014] | (a) Existing offshore supply vessels as defined by § 90.10-40(b), if they are of 100 GRT (100 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter or more, are subject to inspection under this subchapter. New offshore supply vessels as defined by § 90.10-40(c), are subject to inspection under subchapter L of this chapter. (b) Each offshore supply vessel permitted grandfathering under paragraph (a) of this section must have completed construction and have a Certificate of Inspection by— (1) March 16, 1998, if the vessel is of less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter; or (2) August 18, 2016, if the vessel is of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter. | |||
| 46:46:4.0.1.1.1.2.1.6 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.05 | Subpart 90.05—Application | § 90.05-25 Seagoing barge. | USCG | [CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by USCG-2011-0363, 78 FR 53328, Aug. 29, 2013] | (a) Each seagoing barge, as defined in 46 CFR 90.10-36, is subject to inspection and certification; except that a seagoing barge is exempt from those requirements if it is unmanned for the purposes of operating or navigating the barge, and carries neither a hazardous material as cargo nor a flammable or combustible liquid, including oil, in bulk quantities of 250 barrels or more. (b) In applying the laws and regulations to manned seagoing barges, one criterion for invocation of safety standards is the description of seagoing barges by relative size in gross tons. When it is determined by the Commandant that the gross register tonnage for a particular manned seagoing barge, which is attained by exemptions, reductions, or other devices in the basic gross tonnage formulation, will circumvent or be incompatible with the application of specific safety requirements in the regulations in this subchapter for a manned seagoing barge of such physical size, the Commandant shall prescribe the regulations to be made applicable to such seagoing barge. When the Commandant determines that the gross register tonnage is not a valid criterion for the invocation of safety requirements based on relative size, the parties involved will be informed of the determination and of the regulations applicable to such manner seagoing barges, and before being permitted to operate such seagoing barges, compliance therewith shall be required. Endorsements or notations on the seagoing barge's certificate of inspection may be made as appropriate. | |||
| 46:46:4.0.1.1.1.2.1.7 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.05 | Subpart 90.05—Application | § 90.05-35 Flammable and combustible liquid cargo in bulk. | USCG | [CGD 84-043, 55 FR 37410, Sept. 11, 1990, as amended by CGD 90-051, 57 FR 362146, Aug. 12, 1992] | Requirements for double hull construction for vessels carrying oil, as defined in 33 CFR 157.03, in bulk as cargo are found in 33 CFR 157.10d. Vessels inspected and certificated under this subchapter may carry limited quantities of flammable and combustible liquid cargo in bulk in the grades indicated, provided the Certificate of Inspection is endorsed to permit such carriage: (a) Cargo vessels: (1) Grades D and E in an integral tank; and (2) Grades D and E and certain specifically named Grade C in a portable tank, including a marine portable tank (MPT), in accordance with subpart 98.30 or 98.33 of this subchapter. (b) Miscellaneous Vessels, such as cable, salvage, pile-driving, and oil-drilling-rig vessels: (1) Grades B, C, D, and E in a fixed independent or integral tank authorized by the commandant; (2) Grades D and E and certain specifically named Grade C in a portable tank, including an MPT, in accordance with subpart 98.30 or 98.33 of this subchapter. | |||
| 46:46:4.0.1.1.1.3.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-1 Anniversary date. | USCG | [USCG-1999-4976, 65 FR 6501, Feb. 9, 2000] | The term anniversary date means the day and the month of each year, which corresponds to the date of expiration of the Certificate of Inspection. | |||
| 46:46:4.0.1.1.1.3.1.10 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-14 Headquarters. | USCG | [CGFR 67-90, 33 FR 1015, Jan. 26, 1968, as amended by CGD 88-070, 53 FR 34534, Sept. 7, 1988; USCG-2013-0671, 78 FR 60150, Sept. 30, 2013] | This term means the Commandant (CG-00), Attn: Commandant, U.S. Coast Guard Stop 7000, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7000. | |||
| 46:46:4.0.1.1.1.3.1.11 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-15 Industrial personnel. | USCG | [CGFR 67-90, 33 FR 1015, Jan. 26, 1968] | This term means every person carried on board an industrial vessel for the sole purpose of carrying out the industrial business or functions of the industrial vessel. Examples of industrial personnel include tradesmen, such as mechanics, plumbers, electricians, and welders; laborers, such as wreckers and construction workers; and other persons, such as supervisors, engineers, technicians, drilling personnel, and divers. | |||
| 46:46:4.0.1.1.1.3.1.12 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-16 Industrial vessel. | USCG | [CGFR 67-90, 33 FR 1015, Jan. 26, 1968] | This term means every vessel which by reason of its special outfit, purpose, design, or function engages in certain industrial ventures. Included in this classification are such vessels as drill rigs, missile range ships, dredges, cable layers, derrick barges, pipe lay barges, construction and wrecking barges. Excluded from this classification are vessels carrying freight for hire or engaged in oceanography, limnology, or the fishing industry. | |||
| 46:46:4.0.1.1.1.3.1.13 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-19 Lakes, bays, and sounds. | USCG | Under this designation shall be included all vessels navigating the waters of any of the lakes, bays, or sounds other than the waters of the Great Lakes. | ||||
| 46:46:4.0.1.1.1.3.1.14 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-20 Liftboat. | USCG | [CGD 82-004a, 55 FR 2525, Jan. 25, 1990, as amended by USCG-2014-0688, 79 FR 58282, Sept. 29, 2014] | Liftboat means an offshore supply vessel with moveable legs capable of raising its hull above the surface of the sea. | |||
| 46:46:4.0.1.1.1.3.1.15 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-21 Marine inspector or inspector. | USCG | [CGD 95-028, 62 FR 51205, Sept. 30, 1997] | These terms mean any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to inspection, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes. | |||
| 46:46:4.0.1.1.1.3.1.16 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-23 Motorboat. | USCG | [CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51205, Sept. 30, 1997; USCG-2024-1103, 90 FR 52880, Nov. 24, 2025] | This term means any vessel indicated in column 5 of table 2.01-7(a) in § 2.01-7(a) of this chapter 65 feet in length or less which is propelled by machinery (including steam). The length shall be measured from end to end over the deck excluding sheer. This term includes a boat temporarily or permanently equipped with a detachable motor. For the purpose of this subchapter, motorboats are included under the term “vessel” unless specifically noted otherwise. The various classes of motorboats are as follows: Class A—Any motorboat less than 16 feet in length. Class 1—Any motorboat 16 feet or over and less than 26 feet in length. Class 2—Any motorboat 26 feet or over and less than 40 feet in length. Class 3—Any motorboat 40 feet or over and not more than 65 feet in length. Class A—Any motorboat less than 16 feet in length. Class 1—Any motorboat 16 feet or over and less than 26 feet in length. Class 2—Any motorboat 26 feet or over and less than 40 feet in length. Class 3—Any motorboat 40 feet or over and not more than 65 feet in length. | |||
| 46:46:4.0.1.1.1.3.1.17 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-25 Ocean. | USCG | Under this designation shall be included all vessels navigating the waters of any ocean or the Gulf of America more than 20 nautical miles offshore. | ||||
| 46:46:4.0.1.1.1.3.1.18 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-27 Officer in Charge, Marine Inspection (OCMI). | USCG | [CGD 95-028, 62 FR 51205, Sept. 30, 1997] | This term means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, is in charge of an inspection zone for the performance of duties with respect to the inspections, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes. | |||
| 46:46:4.0.1.1.1.3.1.19 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-29 Passenger. | USCG | [CGD 84-069, 61 FR 25288, May 20, 1996] | (a) The term passenger means— (1) On an international voyage, every person other than— (i) The master and the members of the crew or other persons employed or engaged in any capacity on board a vessel on the business of that vessel; and (ii) A child under 1 year of age. (2) On other than an international voyage, an individual carried on the vessel, except— (i) The owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer; (ii) The master; or (iii) A member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for onboard services. (b) The term passenger for hire means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. | |||
| 46:46:4.0.1.1.1.3.1.2 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-2 Approved. | USCG | [CGFR 65-50, 30 FR 16974, Dec. 30, 1965. Redesignated by USCG-1999-4976, 65 FR 6501, Feb. 9, 2000] | This term means approved by the Commandant unless otherwise stated. | |||
| 46:46:4.0.1.1.1.3.1.20 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-30 Pilot boarding equipment and point of access. | USCG | [CGD 79-032, 49 FR 25455, June 21, 1984] | (a) Pilot Boarding Equipment means a pilot ladder, accommodation ladder, pilot hoist, or combination of them as required by this subchapter. (b) Point of Access means the place on deck of a vessel where a person steps onto or off of pilot boarding equipment. | |||
| 46:46:4.0.1.1.1.3.1.21 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-33 Rivers. | USCG | Under this designation shall be included all vessels whose navigation is restricted to rivers and/or canals exclusively, and to such other waters as may be so designated by the Coast Guard District Commander. | ||||
| 46:46:4.0.1.1.1.3.1.22 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-35 Recognized classification society. | USCG | The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant. | ||||
| 46:46:4.0.1.1.1.3.1.23 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-36 Seagoing barge. | USCG | [CGFR 65-50, 30 FR 16970, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51206, Sept. 30, 1997] | A seagoing barge is a nonself-propelled vessel of at least 100 gross tons making voyages beyond the Boundary Line (as defined in 46 CFR part 7). The phrase nonself-propelled vessel means a vessel without sufficient means for self-propulsion and is required to be towed. | |||
| 46:46:4.0.1.1.1.3.1.24 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-37 Vessel. | USCG | Where the word vessel is used in this subchapter, it shall be considered to include all vessels indicated in Column 5 of Table 90.05-1(a), except as otherwise noted in this subpart. | ||||
| 46:46:4.0.1.1.1.3.1.25 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-38 Specially suitable for vehicles. | USCG | [CGFR 66-33, 31 FR 15284, Dec. 5, 1966, as amended by CGD 86-033, 53 FR 36025, Sept. 16, 1988] | A space which is specially suitable for vehicles is one designed for the carriage of automobiles or other self-propelled vehicles with batteries connected and fuel tanks containing gasoline on vessels on ocean or unlimited coastwise voyages. Requirements for the design and protection of spaces “specially suitable for vehicles” appear in subparts 92.15, 95.05, 95.15, 96.05, 97.36, 97.37, and 97.80 of this subchapter. In addition, preparation of automobiles prior to carriage, with the exception of disconnecting battery cables, must be in accordance with the applicable provisions of 49 CFR 176.905. | |||
| 46:46:4.0.1.1.1.3.1.26 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-40 Offshore supply vessels. | USCG | [CGD 82-004 and CGD 86-074, 62 FR 49321, Sept. 19, 1997, as amended by USCG-2012-0208, 79 FR 48925, Aug. 18, 2014] | (a) An offshore supply vessel is a vessel that is propelled by machinery other than steam, that is of 15 gross tons or more, and that regularly carries goods, supplies or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources. (b) An existing offshore supply vessel is one that is— (1) Of at least 15 GRT but less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter, contracted for, or the keel of which was laid, before March 15, 1996; or (2) Of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter, contracted for, or the keel of which was laid, before August 18, 2014. (c) A new offshore supply vessel is one— (1) That is of at least 15 GRT but less than 500 GRT (6,000 GT ITC if GRT is not assigned) as defined in § 125.160 of this chapter, and was contracted for, or the keel of which was laid, on or after March 15, 1996; (2) That is of at least 6,000 GT ITC (500 GRT if GT ITC is not assigned) as defined in § 125.160 of this chapter, and was contracted for, or the keel of which was laid, on or after August 18, 2014; or (3) That underwent a major conversion initiated on or after March 15, 1996. | |||
| 46:46:4.0.1.1.1.3.1.27 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-42 Tankerman. | USCG | [CGD 79-116, 60 FR 17157, Apr. 4, 1995] | The following ratings are established in part 13 of this chapter. The terms for the ratings identify persons holding valid merchant mariners' documents for service in the ratings issued under that part: (a) Tankerman-PIC. (b) Tankerman-PIC (Barge). (c) Restricted Tankerman-PIC. (d) Restricted Tankerman-PIC (Barge) (e) Tankerman-Assistant. (f) Tankerman-Engineer. | |||
| 46:46:4.0.1.1.1.3.1.3 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-3 Barge. | USCG | [CGFR 65-50, 30 FR 16974, Dec. 30, 1965. Redesignated by USCG-1999-4976, 65 FR 6501, Feb. 9, 2000] | This term means any nonself-propelled vessel. | |||
| 46:46:4.0.1.1.1.3.1.4 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-5 Carrying freight for hire. | USCG | The carriage of any goods, wares, or merchandise or any other freight for a valuable consideration whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel. | ||||
| 46:46:4.0.1.1.1.3.1.5 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-7 Commandant. | USCG | This term means the Commandant of the Coast Guard. | ||||
| 46:46:4.0.1.1.1.3.1.6 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-9 Coast Guard District Commander. | USCG | [CGD 95-028, 62 FR 51205, Sept. 30, 1997] | This term means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within the officer's district, which include the inspection, enforcement, and administration of Subtitle II of Title 46, U.S. Code, Title 46 and Title 33 U.S. Code, and regulations issued under these statutes. | |||
| 46:46:4.0.1.1.1.3.1.7 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-11 Coastwise. | USCG | Under this designation shall be included all vessels normally navigating the waters of any ocean or the Gulf of America 20 nautical miles or less offshore. | ||||
| 46:46:4.0.1.1.1.3.1.8 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-12 Gas free. | USCG | This term means free from dangerous concentrations of flammable or toxic gases. | ||||
| 46:46:4.0.1.1.1.3.1.9 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.10 | Subpart 90.10—Definition of Terms Used in This Subchapter | § 90.10-13 Great Lakes. | USCG | Under this designation shall be included all vessels navigating the Great Lakes. | ||||
| 46:46:4.0.1.1.1.4.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.15 | Subpart 90.15—Equivalents | § 90.15-1 Conditions under which equivalents may be used. | USCG | (a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or carried in a vessel, or that any particular provision shall be made or arrangement shall be adopted, the Commandant may accept in substitution therefor any other fitting, material, apparatus, or equipment, or type thereof, or any other arrangement: Provided, That he shall have been satisfied by suitable trials that the fitting, material, appliance, apparatus, or equipment, or type thereof, or the provision or arrangement is at least as effective as that specified in this subchapter. (b) In any case where it is shown to the satisfaction of the Commandant that the use of any particular equipment, apparatus, or arrangement not specifically required by law is unreasonable or impracticable, the Commandant may permit the use of alternate equipment, apparatus, or arrangement to such an extent and upon such conditions as will insure, to his satisfaction, a degree of safety consistent with the minimum standards set forth in this subchapter. | ||||
| 46:46:4.0.1.1.1.5.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.20 | Subpart 90.20—General Marine Engineering Requirements | § 90.20-1 Marine engineering details. | USCG | (a) All marine engineering details such as piping, valves, fittings, boilers, pressure vessels, etc., and their appurtenances installed on the vessel, shall be designed, constructed, and installed in accordance with the provisions of subchapter F (Marine Engineering) of this chapter. | ||||
| 46:46:4.0.1.1.1.6.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.25 | Subpart 90.25—General Electrical Engineering Requirements | § 90.25-1 Electrical engineering details. | USCG | (a) All electrical engineering details and installations shall be designed and installed in accordance with subchapter J (Electrical Engineering) of this chapter. | ||||
| 46:46:4.0.1.1.1.7.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.27 | Subpart 90.27—Lifesaving Appliances and Arrangements | § 90.27-1 Lifesaving appliances and arrangements. | USCG | [CGD 84-069, 61 FR 25288, May 20, 1996] | All lifesaving appliances and arrangements must be in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter. | |||
| 46:46:4.0.1.1.1.8.1.1 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.35 | Subpart 90.35—American Bureau of Shipping's Standards | § 90.35-1 Standards to be used. | USCG | (a) Where in this subchapter an item, or method of construction, or testing is required to meet the standards established by the American Bureau of Shipping, the current standards in effect at the time of construction of the vessel, or otherwise as applicable, shall be used. The current standards of other recognized classification societies may also be accepted upon approval by the Commandant. | ||||
| 46:46:4.0.1.1.1.8.1.2 | 46 | Shipping | I | I | 90 | PART 90—GENERAL PROVISIONS | 90.35 | Subpart 90.35—American Bureau of Shipping's Standards | § 90.35-5 Where obtainable. | USCG | [USCG-2012-0832, 77 FR 59779, Oct. 1, 2012; USCG-2013-0671, 78 FR 60150, Sept. 30, 2013] | The standards established by the American Bureau of Shipping are usually published annually and may be purchased from the American Bureau of Shipping, ABS Plaza, 16855 Northchase Drive, Houston, TX 77060. These standards may also be examined at Coast Guard Headquarters. Contact Commandant (CG-5PS), Attn: Director of Commercial Regulations, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The standards are also available at the Office of any Coast Guard District Commander or Officer in Charge, Marine Inspection. | |||
| 50:50:9.0.1.6.30.1.37.1 | 50 | Wildlife and Fisheries | I | G | 90 | PART 90—FEEDING DEPREDATING MIGRATORY WATERFOWL | A | Subpart A—Introduction | § 90.1 General. | FWS | Any person having an interest in a crop and who is suffering damage due to depredations by migratory waterfowl may file a complaint and apply for surplus grain for use in feeding programs to augment the natural source of food available to migratory waterfowl to aid in the prevention of crop damage by such birds, as provided for in these regulations. |
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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);