{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 323 sorted by section_id", "rows": [["14:14:4.0.1.2.55.0.24.1", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.1 Applicability.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, May 1, 1996]", "This part applies to certificated air carriers who terminate or suspend service to a point, or in a market, and to all air carriers who terminate, suspend, or reduce service below the level of essential air service under 49 U.S.C. 41731-41742."], ["14:14:4.0.1.2.55.0.24.10", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.10 Time for filing objections.", "FAA", "", "", "", "(a) Objections shall be filed not later than:\n\n(1) 12 days from the date of filing of a 30-day notice;\n\n(2) 15 days from the date of filing of a 60-day notice; or\n\n(3) 20 days from the date of filing of a 90-day notice.\n\n(b) The Department may accept late-filed objections, upon motion, for good cause shown.\n\n(c) Whenever a notice has been filed earlier than required under \u00a7 323.5, the Department may extend the time for filing an objection to that notice."], ["14:14:4.0.1.2.55.0.24.11", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.11 Answers to objections.", "FAA", "", "", "", "(a) Any person may file an answer to an objection filed under this part.\n\n(b) An answer must be filed not later than 7 business days after the filing of the objection to which it responds. Late-filed answers may be allowed, and extensions of filing time granted, by the Department for the same reasons as for objections.\n\n(c) An answer may contain the same type of facts and discussion permitted for objections under this part, and must contain:\n\n(1) Proof of service on the objector, on all persons on whom the objection was required to be served, and on any other person designated by the Department. The proof of service shall include the names and addresses of all persons served.\n\n(2) Identification of the answering party, including address and telephone number."], ["14:14:4.0.1.2.55.0.24.12", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.12 General requirements for objections and answers.", "FAA", "", "", "", "(a) Each objection and answer filed under this part shall, unless otherwise specified, conform to the procedural rules of general applicability in subpart A of part 302 of this chapter.\n\n(b) Each objection shall be titled \u201cObjection to Termination, Suspension, or Reduction of Air Service,\u201d and shall identify the notice to which it responds. Each answer shall be titled \u201cAnswer to Objection to Termination, Suspension, or Reduction of Air Service,\u201d and shall identify the objection to which it responds."], ["14:14:4.0.1.2.55.0.24.13", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.13 DOT actions.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19166, May 1, 1996]", "(a) If an objection has been filed under this part, DOT will dispose of the objection by order.\n\n(b) If no objection has been filed within the time allowed by \u00a7 323.10(a), DOT may:\n\n(1) By order prohibit a termination, suspension, or reduction that reasonably appears to deprive any eligible place of essential air transportation;\n\n(2) Issue a notice or a final order that it will take no action on a notice filed under \u00a7 323.3; or\n\n(3) Take no action."], ["14:14:4.0.1.2.55.0.24.14", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.14 Temporary suspension authority for involuntary interruption of service.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19166, May 1, 1996]", "(a) Any air carrier may temporarily suspend service without filing a notice under \u00a7 323.3 for any interruption of service that the carrier cannot reasonably be expected to foresee or control, such as rules, standards, or other action, or inaction, of the Administrator of the Federal Aviation Administration or of a foreign government, emergency measures, strikes, weather conditions, construction work on airports, or disasters. However, the provisions of this paragraph shall apply to interruptions due to airport inadequacies only if the carrier is unable to serve the place through any airport convenient to the place with the type of equipment last regularly used to serve the place.\n\n(b) In the case of an interruption of service caused by a strike, the carrier shall give immediate notice of the interruption to DOT. Suspension authority under this section due to a strike shall expire 90 days after employees return to work.\n\n(c) If service to a place is interrupted for more than 3 consecutive days for reasons beyond the carrier's control other than a strike, the holder shall give notice to DOT within 3 days following the date of first interruption, setting forth the date of first interruption and a full statement of the reasons for the interruption.\n\n(d) The notice required by paragraph (b) or (c) of this section shall be marked for the attention of the Director, Office of Aviation Analysis."], ["14:14:4.0.1.2.55.0.24.15", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.15 Report to be filed after strikes.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19166, May 1, 1996]", "(a) Within 15 days following resumption of service after a strike, an air carrier shall file a report with DOT containing a list of all flights that were canceled, the date they were canceled, and the date service was resumed.\n\n(b) The report shall be marked for the attention of the Director, Office of Aviation Analysis."], ["14:14:4.0.1.2.55.0.24.16", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.16 Listings in schedule publications.", "FAA", "", "", "", "Each air carrier filing a notice under \u00a7 323.3 (a)(2), (a)(4), (a)(5), or (c) shall continue to list the affected flights in all generally-distributed schedule publications in which the flight was listed before the notice. The listings shall continue until DOT permits the flights to be discontinued. The listings may include a notice stating that the flights are \u201cto be discontinued as of (date) subject to government approval.\u201d"], ["14:14:4.0.1.2.55.0.24.17", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.17 Delays in discontinuing service.", "FAA", "", "", "", "If transportation that is the subject of a notice under this part is not discontinued within 90 days of the intended date stated in the notice, a new notice must be filed before the service may be discontinued. However, if DOT requires the carrier to provide service beyond the stated date, the carrier need not file a new notice if it discontinues the service within 90 days after DOT permits it to do so."], ["14:14:4.0.1.2.55.0.24.18", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.18 Carriers' obligations when terminating, suspending, or reducing air service.", "FAA", "", "", "", "Any air carrier that terminates, suspends, or reduces air service, whether or not subject to the notice requirements of this part, shall make reasonable efforts to contact all passengers holding reservations on the affected flights to inform them of the flights' cancellation."], ["14:14:4.0.1.2.55.0.24.19", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.19 Withdrawal notice by exemption carriers in certain limited-entry markets.", "FAA", "", "", "[Doc. No. 43403, 51 FR 43188, Dec. 1, 1986]", "As a condition on the exemption, an air carrier operating under exemption authority in an international market which is the subject of a carrier selection proceeding shall file a notice with the Department at least ninety days before it terminates service in that market. Once such a notice has been filed, the carrier may not terminate service in that market during the notice period unless the air carrier chosen in the selection proceeding enters the market and the Department grants the operating carrier permission to do so. The Department may allow earlier termination for good cause when in the public interest."], ["14:14:4.0.1.2.55.0.24.2", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.2 Definitions.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, May 1, 1996; Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "As used in this part:\n\nCertificated carrier  means a direct air carrier holding authority to provide air transportation granted by the Department in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102 (Transportation) or an all-cargo air transportation certificate to perform all-cargo air transportation under 49 U.S.C. 41103.\n\nEligible place  means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417.\n\nEssential air service  is that air transportation which the Department has found to be essential under Subchapter II of Chapter 417 of 49 U.S.C. Subtitle VII.\n\nFAA-designated hub  means any airport serving a small, medium, or large air traffic hub listed in the Department of Transportation publication,  Airport Activity Statistics of Certificated Route Carriers.\n\nUnited States  includes the several States, the District of Columbia, and the several territories and possessions of the United States.  State  includes any of the individual entities comprising the United States."], ["14:14:4.0.1.2.55.0.24.3", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.3 Who shall file notices.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19166, May 1, 1996; Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "(a)  Terminations, suspensions, or reductions by certificated carriers.  The notice described in \u00a7 323.4(a) shall be filed by any certificated carrier that intends to:\n\n(1) Terminate or suspend all passenger air transportation that it is providing to any eligible place in the United States when that termination or suspension will leave no certificated carriers serving that place. Service shall be considered to be terminated or suspended whenever it is operated less than 5 days per week, with three or more intermediate stops, or in one direction only between the two places;\n\n(2) Reduce passenger air transportation so that any eligible place receives less than the level of essential air service determined by DOT;\n\n(3) Terminate or suspend all passenger air transportation that it is providing to any eligible place in the United States for which DOT has not issued an essential air service determination under either \u00a7 325.5 or \u00a7 325.7 of this chapter, when that termination or suspension will leave only one certificated carrier serving that place. Service shall be considered to be terminated or suspended whenever it is operated less than 5 days per week, with three or more intermediate stops, or in one direction only between the two places;\n\n(4) Reduce passenger air transportation to any eligible place in Alaska for which DOT has not determined the level of essential air service so that the service between that place and every other place served by a certificated carrier is either:\n\n(i) Less than two round trip flights per week, or\n\n(ii) Less than the average weekly number of round trip flights actually provided during calendar year 1976, or\n\n(iii) Less than the number of flights specified under an agreement between DOT and the State of Alaska; or\n\n(5) Terminate, suspend, or reduce passenger air transportation at an eligible place for which DOT has issued, or is required to issue, an essential air service determination under section 41731 or section 41733 of 49 U.S.C. Subtitle VII so that the total available seats of all the carriers linking that place to FAA-designated hubs will be reduced by 33 percent or more during a 90-day period. Service to a hub shall be considered to be terminated or suspended whenever it is operated less than 5 days per week, with three or more intermediate stops, or in one direction only between two places.\n\n(b) [Reserved]\n\n(c)  Uncertificated carriers.  The notice described in \u00a7 323.4(a) shall be filed by any uncertificated carrier that intends to terminate, suspend, or reduce:\n\n(1) Air transportation so that any eligible place receives less than the level of essential air service determined by the DOT;\n\n(2) Passenger air transportation to any eligible place for which DOT has not determined the level of essential air service, other than a place in Alaska, so that there is no FAA-designated hub from which the place receives at least two round trip flights per day, 5 days per week; or\n\n(3) Passenger air transportation to any eligible place in Alaska, for which DOT has not determined the level of essential air service, so that the service between that place and every other place served by a certificated carrier is either:\n\n(i) Less than two round trip flights per week, or\n\n(ii) Less than the average number of weekly round trip flights actually provided during calendar year 1976, or\n\n(iii) Less than the number of flights specified under an agreement between DOT and the State of Alaska.\n\n(d) For the purpose of this section, in ascertaining the level of air transportation being provided to a place or between two places, air transportation that has been the subject of a notice filed under this section shall be considered not in operation for the duration of the notice period.\n\n(e) If a certificated carrier was, before October 24, 1978, granted authority to suspend air transportation, and that authority ends on a stated date, the carrier shall comply with the requirements of this part before continuing the suspension beyond that date.\n\n(f) If a certificated carrier was, before October 24, 1978, granted authority to terminate or suspend air transportation, but has not suspended service, the carrier shall comply with the requirements of this part before terminating or suspending service."], ["14:14:4.0.1.2.55.0.24.4", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.4 Contents of notices.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19166, May 1, 1996]", "(a) The notice required under \u00a7 323.3 (a) and (c) shall contain:\n\n(1) Identification of the carrier, including address and telephone number.\n\n(2) Statement whether the carrier is a certificated carrier or an uncertificated carrier.\n\n(3) Names of all other air carriers serving the point at the time of filing.\n\n(4) Description of the service to be terminated, suspended, or reduced, including:\n\n(i) Arrival and departure times at the affected points of the flights to be discontinued,\n\n(ii) Aircraft type used,\n\n(iii) Routes of the flights to be discontinued, and a statement of which routes, if any, will be left without nonstop or single-plane service from a certificated carrier by the intended change, and\n\n(iv) Date of intended termination, suspension, or reduction of service.\n\n(5) A statement whether DOT has determined the level of essential air service for the point, and\n\n(i) If such a determination has been made, a statement whether the intended termination, suspension, or reduction will reduce air transportation to the place below the essential level; or\n\n(ii) If such a determination has not been made, and the place is an eligible place, a statement whether the intended termination, suspension, or reduction reasonably appears to deprive the place of essential air service, and an explanation.\n\n(6) If the place is an eligible place, the calendar date when objections are due under \u00a7 323.10.\n\n(7) Proof of service upon all persons specified in \u00a7 323.7(a). The proof of service shall include the names of all carriers served and the names and addresses of all other persons served.\n\n(b) [Reserved]\n\n(c) DOT may require any carrier filing notice to supply additional information."], ["14:14:4.0.1.2.55.0.24.5", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.5 Time for filing notices.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19166, May 1, 1996]", "(a) Except as specified by paragraph (b) of this section, a notice required by \u00a7 323.3 shall be filed at least:\n\n(1) 90 days before the intended termination, suspension, or reduction, if it is filed by a certificated carrier or by an uncertificated carrier receiving compensation under 49 U.S.C. 41731-41742 for service to the place;\n\n(2) 30 days before the intended termination, suspension, or reduction, if it is filed by an uncertificated carrier not receiving compensation under section 419 of the Act for service to the place.\n\n(b) The notice required by \u00a7 323.3(a)(3) shall be filed at least 30 days, and the notice required by \u00a7 323.3(a)(1) shall be filed at least 60 days, before the intended termination or suspension."], ["14:14:4.0.1.2.55.0.24.6", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.6 General requirements for notices.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19166, May 1, 1996]", "(a) Each notice filed under this part shall, unless otherwise specified, conform to the procedural rules of general applicability in subpart A of part 302 of this chapter.\n\n(b) Each notice filed under this part shall be titled to indicate the place(s) involved, and to indicate whether it is a 30-, 60-, or 90-day notice and whether it involves a termination, a suspension, or a reduction of air transportation."], ["14:14:4.0.1.2.55.0.24.7", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.7 Service of notices.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19166, May 1, 1996]", "(a) A copy of each notice required by \u00a7 323.3 shall be served upon:\n\n(1) The chief executive of the principal city or other unit of local government at the affected place. The principal city is the one named, or previously named, in the section 41102 certificate by virtue of which the place qualifies as an eligible place. For places in Alaska or Hawaii that are designated as eligible places without having been listed on a section 41102 certificate, the principal city is the most populous municipality at the place.\n\n(2) [Reserved]\n\n(3) The State agency with jurisdiction over transportation by air in the State containing any community required to be served under paragraph (a)(1) of this section. If there is no such State agency, the notice shall be sent to the governor of that State.\n\n(4) The manager of, or other individual with direct supervision over and responsibility for, the airport at any community required to be served under paragraph (a)(1) of this section.\n\n(5) The Postmaster General (marked for the attention of the Assistant General Counsel, Transportation), if the carrier filing the notice is authorized to transport United States mail to or from any community required to be served under paragraph (a)(1) of this section.\n\n(6) Each air carrier providing scheduled service to a non-hub or FAA-designated small hub that is directly affected by the notice.\n\n(7) The DOT Regional Office for the region in which the affected point is located.\n\n(8) Any other person designated by DOT.\n\n(b) [Reserved]\n\n(c) Local communities, State agencies, and airport managers shall be served personally or by registered or certificated mail. All other persons may be served by ordinary mail."], ["14:14:4.0.1.2.55.0.24.8", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.8 Exemptions.", "FAA", "", "", "[Doc. No. OST-96-1269, 61 FR 19166, May 1, 1996]", "Carriers are exempted from paragraphs (a)(1), (a)(3), and (a)(5) of \u00a7 323.3 to the extent that those provisions require them to file a notice when terminating or suspending the domestic leg of an international flight (fill-up service)."], ["14:14:4.0.1.2.55.0.24.9", 14, "Aeronautics and Space", "II", "B", "323", "PART 323\u2014TERMINATIONS, SUSPENSIONS, AND REDUCTIONS OF SERVICE", "", "", "", "\u00a7 323.9 Objections to notices.", "FAA", "", "", "[Doc. No. 82, 50 FR 2430, Jan. 16, 1985, as amended by Doc. No. OST-96-1269, 61 FR 19165, 19166, May 1, 1996]", "(a) Any person may file an objection requesting DOT to prohibit any termination, suspension, or reduction of air transportation to an eligible place that is the subject of a notice filed under this part.\n\n(b) Objections shall contain:\n\n(1) Identification of the objector, including address and telephone number.\n\n(2) A statement of DOT action requested.\n\n(3) The schedules, routes, carriers, and aircraft types for all air transportation to the affected place other than that proposed to be terminated, suspended, or reduced.\n\n(4) A suggested reasonable level of essential air service to the affected place.\n\n(5) [Reserved]\n\n(6) A justification of the suggested level of essential air service.\n\n(7) Proof of service on the carrier filing the notice objected to, on all airport managers and State and local governments on whom the notice was filed, and any other person designated by DOT. The proof of service shall include the names of all carriers served and the names and addresses of all other persons served.\n\n(c) Objectors are strongly urged to include in their objections facts to support the suggested level of essential air service (e.g., traffic and enplanement data, other market studies, facts descriptive of the place's isolation or dependence on air transportation)."], ["20:20:1.0.2.9.46.0.155.1", 20, "Employees' Benefits", "II", "C", "323", "PART 323\u2014NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE", "", "", "", "\u00a7 323.1 Introduction.", "SSA", "", "", "", "(a) This part defines the phrase  nongovernmental plan for unemployment or sickness insurance  and sets forth the procedure by which an employer may obtain a determination by the Railroad Retirement Board as to whether a particular plan that such employer maintains for its employees qualifies as a nongovernmental plan. In general, any payment by an employer to an employee for services rendered as an employee will be considered to be  remuneration  within the meaning of section 1(j) of the Railroad Unemployment Insurance Act and part 322 of this chapter. This includes employer payments that relate to an employee's loss of earnings during a period of time when the employee is unemployed or sick, including sickness resulting from injury. The exception is when an employer pays an employee a benefit pursuant to the provisions of a nongovernmental plan for unemployment or sickness insurance established by an employer for the benefit of its employees. Benefit payments under such plans are not remuneration and do not affect an employee's eligibility for unemployment or sickness benefits under the Railroad Unemployment Insurance Act.\n\n(b) This part does not have any general applicability to private insurance contracts under which an insurance company, pursuant to a policy of insurance maintained by or for an employee, pays medical or hospital expenses or other cash benefits to or in behalf of an employee. Nor does this part apply to any private plan for relief of unemployment established by a party other than an employer such as, for example, a plan established by a labor union under which it undertakes to pay benefits to striking members of the union out of a strike insurance fund. Insurance policy benefits and strike unemployment benefits, although paid under plans that are nongovernmental in nature, are not considered remuneration for services under the general definition of  remuneration.  See part 322 of this chapter."], ["20:20:1.0.2.9.46.0.155.2", 20, "Employees' Benefits", "II", "C", "323", "PART 323\u2014NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE", "", "", "", "\u00a7 323.2 Definition of nongovernmental plan for unemployment or sickness insurance.", "SSA", "", "", "", "A nongovernmental plan for unemployment or sickness insurance is a benefit plan, program or policy that is in the nature of insurance and is designed and established by an employer for the purpose of supplementing the benefits that an employee of such employer may receive under the Railroad Unemployment Insurance Act during a period of unemployment or sickness. A nongovernmental plan may be established by labor-management agreement or by unilateral employer action. Payments under such plans are referred to as supplemental unemployment benefits (SUB pay) or supplemental sickness benefits, rather than as wages, salary or pay for time lost, because their inherent nature is to supplement benefit payments under the Railroad Unemployment Insurance Act rather than to replace or duplicate such payments."], ["20:20:1.0.2.9.46.0.155.3", 20, "Employees' Benefits", "II", "C", "323", "PART 323\u2014NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE", "", "", "", "\u00a7 323.3 Standards for Board approval of a nongovernmental plan.", "SSA", "", "", "", "An unemployment or sickness benefit plan qualifies as a nongovernmental plan if it conforms to the following standards:\n\n(a) The plan is in writing and has been published or otherwise communicated to covered employees prior to the inception of the plan;\n\n(b) Benefits under the plan are payable only to employees who are involuntarily laid off or separated from the service of the employer or who are absent from work on account of illness or injury;\n\n(c) Payment of benefits under the plan is conditioned upon a covered employee's meeting the eligibility conditions governing payment of benefits under the Railroad Unemployment Insurance Act. However, a plan will not be disqualified merely because it:\n\n(1) Provides benefits during any waiting period required under the Railroad Unemployment Insurance Act, or\n\n(2) Provides benefits after an employee has exhausted rights to benefits under the Railroad Unemployment Insurance Act, or\n\n(3) Provides benefits during a period when the employee is not a \u201cqualified employee\u201d, within the meaning of part 302 of this chapter;\n\n(d) Payment of benefits under the plan is coordinated with benefit payments to which the employee may be entitled under the Railroad Unemployment Insurance Act. In general, plan benefit payments will be considered coordinated with Railroad Unemployment Insurance Act benefit payments when computation of the plan benefits takes Railroad Unemployment Insurance Act benefit entitlement into consideration in such a way as to make it clear that the plan is supplementing Railroad Unemployment Insurance Act benefit payments for days of unemployment or days of sickness. For example, a plan that provides for payment of a specified daily benefit amount is considered coordinated with Railroad Unemployment Insurance Act benefit payments if the plan provides that the daily benefit amount otherwise payable to the employee is reduced by the amount of benefits that the employee received or could receive under the Railroad Unemployment Insurance Act for the same day if the employee had met all the eligibility criteria for such benefit. Similarly, there is acceptable coordination if the plan simply provides for payment of an amount as an \u201cadd-on\u201d benefit to the amount of Railroad Unemployment Insurance Act benefits paid or payable. On the other hand, a plan that allows payment so as to compensate an employee for railroad or non-railroad earnings that are lower in amount than what the employee would get under the plan if he or she were not employed is not considered coordinated with benefit payments under the Railroad Unemployment Insurance Act because an employer payment made under such circumstances supplements earnings rather than benefit payments under the Railroad Unemployment Insurance Act. No Railroad Unemployment Insurance Act benefits are payable to an employee who is earning remuneration from railroad or non-railroad employment. Employer payments that make up for low earnings are pay for time lost and therefore are  compensation  and  remuneration ;\n\n(e) The plan confers upon covered employees an enforceable right to the benefits under the plan. The plan may not commit to management discretion any decision as to whether such employee will actually be paid the benefits to which he is entitled under the plan or the amount to be paid;\n\n(f) The plan may not provide benefits to a covered employee in an amount that, when added to his or her Railroad Unemployment Insurance Act benefits, is greater than the wages of salary that would have been paid if the employee were employed; and\n\n(g) The plan incorporates the features set forth in \u00a7 323.4 of this part and has been approved by the Board's Director of Unemployment and Sickness Insurance as a nongovernmental plan for unemployment or sickness insurance."], ["20:20:1.0.2.9.46.0.155.4", 20, "Employees' Benefits", "II", "C", "323", "PART 323\u2014NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE", "", "", "", "\u00a7 323.4 Guidelines for content of a nongovernmental plan.", "SSA", "", "", "", "At a minimum, a nongovernmental plan for unemployment or sickness insurance should contain the following features:\n\n(a) The title of the plan (e.g., Supplemental Unemployment Benefit Plan or Supplemental Sickness Benefit Plan);\n\n(b) A statement of purpose, such as the following:\n\nThere is hereby established a nongovernmental plan for (unemployment insurance) (sickness insurance) [specify which one] within the meaning of section 1(j) of the Railroad Unemployment Insurance Act. The purpose of this plan is to supplement the benefits that an eligible employee may receive under that Act and not to replace or duplicate such benefits. Payments under this plan are designed as one of the benefits of employment with [name of employer] and are not intended as pay for time lost or any other form of remuneration for services rendered as an employee;\n\nThere is hereby established a nongovernmental plan for (unemployment insurance) (sickness insurance) [specify which one] within the meaning of section 1(j) of the Railroad Unemployment Insurance Act. The purpose of this plan is to supplement the benefits that an eligible employee may receive under that Act and not to replace or duplicate such benefits. Payments under this plan are designed as one of the benefits of employment with [name of employer] and are not intended as pay for time lost or any other form of remuneration for services rendered as an employee;\n\n(c) A statement as to which class or craft of employees, or other specified group of employees, is covered by the plan;\n\n(d) The criteria governing a particular covered employee's eligibility for supplemental benefits under the plan;\n\n(e) The dollar amount of supplemental benefits payable on a periodic basis to an eligible employee, the duration of supplemental benefits, how such benefits will be computed, and the conditions under which an employee will be disqualified or benefit payments reduced or terminated; and\n\n(f) The identity of the plan administrator and the procedure by which a covered employee may claim supplemental benefits under the plan, including forms to be filed (if any), how to file, the time limit for filing, and how an employee may appeal from a denial of supplemental benefits."], ["20:20:1.0.2.9.46.0.155.5", 20, "Employees' Benefits", "II", "C", "323", "PART 323\u2014NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE", "", "", "", "\u00a7 323.5 Submitting proposed plan for Board approval.", "SSA", "", "", "", "An employer shall submit each proposed plan, or a proposed revision to an existing plan, to the Director of Unemployment and Sickness Insurance, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611. The Director shall determine whether the plan or revision conforms to this part. Approval shall be effective as of the effective date of the plan. If not approved, the Director will advise the employer in which particular respects the proposed plan or revision does not conform to this part."], ["20:20:1.0.2.9.46.0.155.6", 20, "Employees' Benefits", "II", "C", "323", "PART 323\u2014NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE", "", "", "", "\u00a7 323.6 Treatment of benefit payments under a nongovernmental plan for purposes of contributions.", "SSA", "", "", "", "Benefit payments under nongovernmental plans approved by the Board under this part are not  compensation  as defined in section 1(i) of the Railroad Unemployment Insurance Act, and therefore they are not subject to contribution under part 345 of this chapter."], ["20:20:1.0.2.9.46.0.155.7", 20, "Employees' Benefits", "II", "C", "323", "PART 323\u2014NONGOVERNMENTAL PLANS FOR UNEMPLOYMENT OR SICKNESS INSURANCE", "", "", "", "\u00a7 323.7 Effective date.", "SSA", "", "", "", "(a) This part shall not apply to a plan approved by the Director of Unemployment and Sickness Insurance prior to the effective date of this part. However, it shall apply to any proposed revision to such plan.\n\n(b) Any plan in effect on the effective date of this part that has not been approved by the Director of Unemployment and Sickness Insurance shall be considered a proposed plan for purposes of \u00a7 323.5."], ["33:33:3.0.1.1.17.0.1.1", 33, "Navigation and Navigable Waters", "II", "", "323", "PART 323\u2014PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES", "", "", "", "\u00a7 323.1 General.", "USACE", "", "", "", "This regulation prescribes, in addition to the general policies of 33 CFR part 320 and procedures of 33 CFR part 325, those special policies, practices, and procedures to be followed by the Corps of Engineers in connection with the review of applications for DA permits to authorize the discharge of dredged or fill material into waters of the United States pursuant to section 404 of the Clean Water Act (CWA) (33 U.S.C. 1344) (hereinafter referred to as section 404). (See 33 CFR 320.2(g).) Certain discharges of dredged or fill material into waters of the United States are also regulated under other authorities of the Department of the Army. These include dams and dikes in navigable waters of the United States pursuant to section 9 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401; see 33 CFR part 321) and certain structures or work in or affecting navigable waters of the United States pursuant to section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403; see 33 CFR part 322). A DA permit will also be required under these additional authorities if they are applicable to activities involving discharges of dredged or fill material into waters of the United States. Applicants for DA permits under this part should refer to the other cited authorities and implementing regulations for these additional permit requirements to determine whether they also are applicable to their proposed activities."], ["33:33:3.0.1.1.17.0.1.2", 33, "Navigation and Navigable Waters", "II", "", "323", "PART 323\u2014PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES", "", "", "", "\u00a7 323.2 Definitions.", "USACE", "", "", "[51 FR 41232, Nov. 13, 1986, as amended at 58 FR 45035, Aug. 25, 1993; 58 FR 48424, Sept. 15, 1993; 63 FR 25123, May 10, 1999; 66 FR 4574, Jan. 17, 2001; 66 FR 10367, Feb. 15, 2001; 67 FR 31142, May 9, 2002; 73 FR 79645, Dec. 30, 2008]", "For the purpose of this part, the following terms are defined:\n\n(a) The term  waters of the United States  and all other terms relating to the geographic scope of jurisdiction are defined at 33 CFR part 328.\n\n(b) The term  lake  means a standing body of open water that occurs in a natural depression fed by one or more streams from which a stream may flow, that occurs due to the widening or natural blockage or cutoff of a river or stream, or that occurs in an isolated natural depression that is not a part of a surface river or stream. The term also includes a standing body of open water created by artificially blocking or restricting the flow of a river, stream, or tidal area. As used in this regulation, the term does not include artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water for such purposes as stock watering, irrigation, settling basins, cooling, or rice growing.\n\n(c) The term  dredged material  means material that is excavated or dredged from waters of the United States.\n\n(d)(1) Except as provided below in paragraph (d)(2), the term  discharge of dredged material  means any addition of dredged material into, including redeposit of dredged material other than incidential fallback within, the waters of the United States. The term includes, but is not limited to, the following:\n\n(i) The addition of dredged material to a specified discharge site located in waters of the United States;\n\n(ii) The runoff or overflow from a contained land or water disposal area; and\n\n(iii) Any addition, including redeposit other than incidential fallback, of dredged material, including excavated material, into waters of the United States which is incidental to any activity, including mechanized landclearing, ditching, channelization, or other excavation.\n\n(2) The term  discharge of dredged material  does not include the following:\n\n(i) Discharges of pollutants into waters of the United States resulting from the onshore subsequent processing of dredged material that is extracted for any commercial use (other than fill). These discharges are subject to section 402 of the Clean Water Act even though the extraction and deposit of such material may require a permit from the Corps or applicable State section 404 program.\n\n(ii) Activities that involve only the cutting or removing of vegetation above the ground (e.g., mowing, rotary cutting, and chainsawing) where the activity neither substantially disturbs the root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material.\n\n(iii) Incidental fallback.\n\n(3) Section 404 authorization is not required for the following:\n\n(i) Any incidental addition, including redeposit, of dredged material associated with any activity that does not have or would not have the effect of destroying or degrading an area of waters of the United States as defined in paragraphs (d)(4) and (d)(5) of this section; however, this exception does not apply to any person preparing to undertake mechanized landclearing, ditching, channelization and other excavation activity in a water of the United States, which would result in a redeposit of dredged material, unless the person demonstrates to the satisfaction of the Corps, or EPA as appropriate, prior to commencing the activity involving the discharge, that the activity would not have the effect of destroying or degrading any area of waters of the United States, as defined in paragraphs (d)(4) and (d)(5) of this section. The person proposing to undertake mechanized landclearing, ditching, channelization or other excavation activity bears the burden of demonstrating that such activity would not destroy or degrade any area of waters of the United States.\n\n(ii) Incidental movement of dredged material occurring during normal dredging operations, defined as dredging for navigation in  navigable waters of the United States,  as that term is defined in part 329 of this chapter, with proper authorization from the Congress and/or the Corps pursuant to part 322 of this Chapter; however, this exception is not applicable to dredging activities in wetlands, as that term is defined at section 328.3 of this Chapter.\n\n(iii) Certain discharges, such as those associated with normal farming, silviculture, and ranching activities, are not prohibited by or otherwise subject to regulation under section 404. See 33 CFR 323.4 for discharges that do not required permits.\n\n(4) For purposes of this section, an activity associated with a discharge of dredged material destroys an area of waters of the United States if it alters the area in such a way that it would no longer be a water of the United States.\n\nUnauthorized discharges into waters of the United States do not eliminate Clean Water Act jurisdiction, even where such unauthorized discharges have the effect of destroying waters of the United States.\n\n(5) For purposes of this section, an activity associated with a discharge of dredged material degrades an area of waters of the United States if it has more than a  de minimis  ( i.e. , inconsequential) effect on the area by causing an identifiable individual or cumulative adverse effect on any aquatic function.\n\n(e)(1) Except as specified in paragraph (e)(3) of this section, the term fill material means material placed in waters of the United States where the material has the effect of:\n\n(i) Replacing any portion of a water of the United States with dry land; or\n\n(ii) Changing the bottom elevation of any portion of a water of the United States.\n\n(2) Examples of such fill material include, but are not limited to: rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States.\n\n(3) The term fill material does not include trash or garbage.\n\n(f) The term  discharge of fill material  means the addition of fill material into waters of the United States. The term generally includes, without limitation, the following activities: Placement of fill that is necessary for the construction of any structure or infrastructure in a water of the United States; the building of any structure, infrastructure, or impoundment requiring rock, sand, dirt, or other material for its construction; site-development fills for recreational, industrial, commercial, residential, or other uses; causeways or road fills; dams and dikes; artificial islands; property protection and/or reclamation devices such as riprap, groins, seawalls, breakwaters, and revetments; beach nourishment; levees; fill for structures such as sewage treatment facilities, intake and outfall pipes associated with power plants and subaqueous utility lines; placement of fill material for construction or maintenance of any liner, berm, or other infrastructure associated with solid waste landfills; placement of overburden, slurry, or tailings or similar mining-related materials; and artificial reefs. The term does not include plowing, cultivating, seeding and harvesting for the production of food, fiber, and forest products (See \u00a7 323.4 for the definition of these terms). See \u00a7 323.3(c) concerning the regulation of the placement of pilings in waters of the United States.\n\n(g) The term  individual permit  means a Department of the Army authorization that is issued following a case-by-case evaluation of a specific project involving the proposed discharge(s) in accordance with the procedures of this part and 33 CFR part 325 and a determination that the proposed discharge is in the public interest pursuant to 33 CFR part 320.\n\n(h) The term  general permit  means a Department of the Army authorization that is issued on a nationwide or regional basis for a category or categories of activities when:\n\n(1) Those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts; or\n\n(2) The general permit would result in avoiding unnecessary duplication of regulatory control exercised by another Federal, State, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal. (See 33 CFR 325.2(e) and 33 CFR part 330.)"], ["33:33:3.0.1.1.17.0.1.3", 33, "Navigation and Navigable Waters", "II", "", "323", "PART 323\u2014PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES", "", "", "", "\u00a7 323.3 Discharges requiring permits.", "USACE", "", "", "[51 FR 41232, Nov. 13, 1986, as amended at 58 FR 45036, Aug. 25, 1993]", "(a)  General.  Except as provided in \u00a7 323.4 of this part, DA permits will be required for the discharge of dredged or fill material into waters of the United States. Certain discharges specified in 33 CFR part 330 are permitted by that regulation (\u201cnationwide permits\u201d). Other discharges may be authorized by district or division engineers on a regional basis (\u201cregional permits\u201d). If a discharge of dredged or fill material is not exempted by \u00a7 323.4 of this part or permitted by 33 CFR part 330, an individual or regional section 404 permit will be required for the discharge of dredged or fill material into waters of the United States.\n\n(b)  Activities of Federal agencies.  Discharges of dredged or fill material into waters of the United States done by or on behalf of any Federal agency, other than the Corps of Engineers (see 33 CFR 209.145), are subject to the authorization procedures of these regulations. Agreement for construction or engineering services performed for other agencies by the Corps of Engineers does not constitute authorization under the regulations. Division and district engineers will therefore advise Federal agencies and instrumentalities accordingly and cooperate to the fullest extent in expediting the processing of their applications.\n\n(c)  Pilings.  (1) Placement of pilings in waters of the United States constitutes a discharge of fill material and requires a section 404 permit when such placement has or would have the effect of a discharge of fill material. Examples of such activities that have the effect of a discharge of fill material include, but are not limited to, the following: Projects where the pilings are so closely spaced that sedimentation rates would be increased; projects in which the pilings themselves effectively would replace the bottom of a waterbody; projects involving the placement of pilings that would reduce the reach or impair the flow or circulation of waters of the United States; and projects involving the placement of pilings which would result in the adverse alteration or elimination of aquatic functions.\n\n(2) Placement of pilings in waters of the United States that does not have or would not have the effect of a discharge of fill material shall not require a section 404 permit. Placement of pilings for linear projects, such as bridges, elevated walkways, and powerline structures, generally does not have the effect of a discharge of fill material. Furthermore, placement of pilings in waters of the United States for piers, wharves, and an individual house on stilts generally does not have the effect of a discharge of fill material. All pilings, however, placed in the  navigable waters of the United States,  as that term is defined in part 329 of this chapter, require authorization under section 10 of the Rivers and Harbors Act of 1899 (see part 322 of this chapter)."], ["33:33:3.0.1.1.17.0.1.4", 33, "Navigation and Navigable Waters", "II", "", "323", "PART 323\u2014PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES", "", "", "", "\u00a7 323.4 Discharges not requiring permits.", "USACE", "", "", "", "(a)  General.  Except as specified in paragraphs (b) and (c) of this section, any discharge of dredged or fill material that may result from any of the following activities is not prohibited by or otherwise subject to regulation under section 404:\n\n(1)(i) Normal farming, silviculture and ranching activities such as plowing, seeding, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices, as defined in paragraph (a)(1)(iii) of this section.\n\n(ii) To fall under this exemption, the activities specified in paragraph (a)(1)(i) of this section must be part of an established ( i.e. , on-going) farming, silviculture, or ranching operation and must be in accordance with definitions in \u00a7 323.4(a)(1)(iii). Activities on areas lying fallow as part of a conventional rotational cycle are part of an established operation. Activities which bring an area into farming, silviculture, or ranching use are not part of an established operation. An operation ceases to be established when the area on which it was conducted has been converted to another use or has lain idle so long that modifications to the hydrological regime are necessary to resume operations. If an activity takes place outside the waters of the United States, or if it does not involve a discharge, it does not need a section 404 permit, whether or not it is part of an established farming, silviculture, or ranching operation.\n\n(iii)(A)  Cultivating  means physical methods of soil treatment employed within established farming, ranching and silviculture lands on farm, ranch, or forest crops to aid and improve their growth, quality or yield.\n\n(B)  Harvesting  means physical measures employed directly upon farm, forest, or ranch crops within established agricultural and silvicultural lands to bring about their removal from farm, forest, or ranch land, but does not include the construction of farm, forest, or ranch roads.\n\n(C)( 1 )  Minor drainage  means:\n\n( i ) The discharge of dredged or fill material incidental to connecting upland drainage facilities to waters of the United States, adequate to effect the removal of excess soil moisture from upland croplands. (Construction and maintenance of upland (dryland) facilities, such as ditching and tiling, incidental to the planting, cultivating, protecting, or harvesting of crops, involve no discharge of dredged or fill material into waters of the United States, and as such never require a section 404 permit.);\n\n( ii ) The discharge of dredged or fill material for the purpose of installing ditching or other such water control facilities incidental to planting, cultivating, protecting, or harvesting of rice, cranberries or other wetland crop species, where these activities and the discharge occur in waters of the United States which are in established use for such agricultural and silvicultural wetland crop production;\n\n( iii ) The discharge of dredged or fill material for the purpose of manipulating the water levels of, or regulating the flow or distribution of water within, existing impoundments which have been constructed in accordance with applicable requirements of CWA, and which are in established use for the production of rice, cranberries, or other wetland crop species. (The provisions of paragraphs (a)(1)(iii)(C)( 1 ) ( ii ) and ( iii ) of this section apply to areas that are in established use exclusively for wetland crop production as well as areas in established use for conventional wetland/non-wetland crop rotation (e.g., the rotations of rice and soybeans) where such rotation results in the cyclical or intermittent temporary dewatering of such areas.)\n\n( iv ) The discharges of dredged or fill material incidental to the emergency removal of sandbars, gravel bars, or other similar blockages which are formed during flood flows or other events, where such blockages close or constrict previously existing drainageways and, if not promptly removed, would result in damage to or loss of existing crops or would impair or prevent the plowing, seeding, harvesting or cultivating of crops on land in established use for crop production. Such removal does not include enlarging or extending the dimensions of, or changing the bottom elevations of, the affected drainageway as it existed prior to the formation of the blockage. Removal must be accomplished within one year of discovery of such blockages in order to be eligible for exemption.\n\n( 2 ) Minor drainage in waters of the U.S. is limited to drainage within areas that are part of an established farming or silviculture operation. It does not include drainage associated with the immediate or gradual conversion of a wetland to a non-wetland (e.g., wetland species to upland species not typically adapted to life in saturated soil conditions), or conversion from one wetland use to another (for example, silviculture to farming). In addition, minor drainage does not include the construction of any canal, ditch, dike or other waterway or structure which drains or otherwise significantly modifies a stream, lake, swamp, bog or any other wetland or aquatic area constituting waters of the United States. Any discharge of dredged or fill material into the waters of the United States incidental to the construction of any such structure or waterway requires a permit.\n\n(D)  Plowing  means all forms of primary tillage, including moldboard, chisel, or wide-blade plowing, discing, harrowing and similar physical means utilized on farm, forest or ranch land for the breaking up, cutting, turning over, or stirring of soil to prepare it for the planting of crops. The term does not include the redistribution of soil, rock, sand, or other surficial materials in a manner which changes any area of the waters of the United States to dry land. For example, the redistribution of surface materials by blading, grading, or other means to fill in wetland areas is not plowing. Rock crushing activities which result in the loss of natural drainage characteristics, the reduction of water storage and recharge capabilities, or the overburden of natural water filtration capacities do not constitute plowing. Plowing as described above will never involve a discharge of dredged or fill material.\n\n(E)  Seeding  means the sowing of seed and placement of seedlings to produce farm, ranch, or forest crops and includes the placement of soil beds for seeds or seedlings on established farm and forest lands.\n\n(2) Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance does not include any modification that changes the character, scope, or size of the original fill design. Emergency reconstruction must occur within a reasonable period of time after damage occurs in order to qualify for this exemption.\n\n(3) Construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance (but not construction) of drainage ditches. Discharges associated with siphons, pumps, headgates, wingwalls, weirs, diversion structures, and such other facilities as are appurtenant and functionally related to irrigation ditches are included in this exemption.\n\n(4) Construction of temporary sedimentation basins on a construction site which does not include placement of fill material into waters of the U.S. The term \u201cconstruction site\u201d refers to any site involving the erection of buildings, roads, and other discrete structures and the installation of support facilities necessary for construction and utilization of such structures. The term also includes any other land areas which involve land-disturbing excavation activities, including quarrying or other mining activities, where an increase in the runoff of sediment is controlled through the use of temporary sedimentation basins.\n\n(5) Any activity with respect to which a State has an approved program under section 208(b)(4) of the CWA which meets the requirements of sections 208(b)(4) (B) and (C).\n\n(6) Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained in accordance with best management practices (BMPs) to assure that flow and circulation patterns and chemical and biological characteristics of waters of the United States are not impaired, that the reach of the waters of the United States is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized. These BMPs which must be applied to satisfy this provision shall include those detailed BMPs described in the State's approved program description pursuant to the requirements of 40 CFR 233.22(i), and shall also include the following baseline provisions:\n\n(i) Permanent roads (for farming or forestry activities), temporary access roads (for mining, forestry, or farm purposes) and skid trails (for logging) in waters of the U.S. shall be held to the minimum feasible number, width, and total length consistent with the purpose of specific farming, silvicultural or mining operations, and local topographic and climatic conditions;\n\n(ii) All roads, temporary or permanent, shall be located sufficiently far from streams or other water bodies (except for portions of such roads which must cross water bodies) to minimize discharges of dredged or fill material into waters of the U.S.;\n\n(iii) The road fill shall be bridged, culverted, or otherwise designed to prevent the restriction of expected flood flows;\n\n(iv) The fill shall be properly stabilized and maintained during and following construction to prevent erosion;\n\n(v) Discharges of dredged or fill material into waters of the United States to construct a road fill shall be made in a manner that minimizes the encroachment of trucks, tractors, bulldozers, or other heavy equipment within waters of the United States (including adjacent wetlands) that lie outside the lateral boundaries of the fill itself;\n\n(vi) In designing, constructing, and maintaining roads, vegetative disturbance in the waters of the U.S. shall be kept to a minimum;\n\n(vii) The design, construction and maintenance of the road crossing shall not disrupt the migration or other movement of those species of aquatic life inhabiting the water body;\n\n(viii) Borrow material shall be taken from upland sources whenever feasible;\n\n(ix) The discharge shall not take, or jeopardize the continued existence of, a threatened or endangered species as defined under the Endangered Species Act, or adversely modify or destroy the critical habitat of such species;\n\n(x) Discharges into breeding and nesting areas for migratory waterfowl, spawning areas, and wetlands shall be avoided if practical alternatives exist;\n\n(xi) The discharge shall not be located in the proximity of a public water supply intake;\n\n(xii) The discharge shall not occur in areas of concentrated shellfish production;\n\n(xiii) The discharge shall not occur in a component of the National Wild and Scenic River System;\n\n(xiv) The discharge of material shall consist of suitable material free from toxic pollutants in toxic amounts; and\n\n(xv) All temporary fills shall be removed in their entirety and the area restored to its original elevation.\n\n(b) If any discharge of dredged or fill material resulting from the activities listed in paragraphs (a) (1) through (6) of this section contains any toxic pollutant listed under section 307 of the CWA such discharge shall be subject to any applicable toxic effluent standard or prohibition, and shall require a section 404 permit.\n\n(c) Any discharge of dredged or fill material into waters of the United States incidental to any of the activities identified in paragraphs (a) (1) through (6) of this section must have a permit if it is part of an activity whose purpose is to convert an area of the waters of the United States into a use to which it was not previously subject, where the flow or circulation of waters of the United States may be impaired or the reach of such waters reduced. Where the proposed discharge will result in significant discernible alterations to flow or circulation, the presumption is that flow or circulation may be impaired by such alteration. For example, a permit will be required for the conversion of a cypress swamp to some other use or the conversion of a wetland from silvicultural to agricultural use when there is a discharge of dredged or fill material into waters of the United States in conjunction with construction of dikes, drainage ditches or other works or structures used to effect such conversion. A conversion of a section 404 wetland to a non-wetland is a change in use of an area of waters of the United States. A discharge which elevates the bottom of waters of the United States without converting it to dry land does not thereby reduce the reach of, but may alter the flow or circulation of, waters of the United States.\n\n(d) Federal projects which qualify under the criteria contained in section 404(r) of the CWA are exempt from section 404 permit requirements, but may be subject to other State or Federal requirements."], ["33:33:3.0.1.1.17.0.1.5", 33, "Navigation and Navigable Waters", "II", "", "323", "PART 323\u2014PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES", "", "", "", "\u00a7 323.5 Program transfer to States.", "USACE", "", "", "", "Section 404(h) of the CWA allows the Administrator of the Environmental Protection Agency (EPA) to transfer administration of the section 404 permit program for discharges into certain waters of the United States to qualified States. (The program cannot be transferred for those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to the high tide line, including wetlands adjacent thereto). See 40 CFR parts 233 and 124 for procedural regulations for transferring section 404 programs to States. Once a State's 404 program is approved and in effect, the Corps of Engineers will suspend processing of section 404 applications in the applicable waters and will transfer pending applications to the State agency responsible for administering the program. District engineers will assist EPA and the States in any way practicable to effect transfer and will develop appropriate procedures to ensure orderly and expeditious transfer."], ["33:33:3.0.1.1.17.0.1.6", 33, "Navigation and Navigable Waters", "II", "", "323", "PART 323\u2014PERMITS FOR DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES", "", "", "", "\u00a7 323.6 Special policies and procedures.", "USACE", "", "", "", "(a) The Secretary of the Army has delegated to the Chief of Engineers the authority to issue or deny section 404 permits. The district engineer will review applications for permits for the discharge of dredged or fill material into waters of the United States in accordance with guidelines promulgated by the Administrator, EPA, under authority of section 404(b)(1) of the CWA. (see 40 CFR part 230.) Subject to consideration of any economic impact on navigation and anchorage pursuant to section 404(b)(2), a permit will be denied if the discharge that would be authorized by such a permit would not comply with the 404(b)(1) guidelines. If the district engineer determines that the proposed discharge would comply with the 404(b)(1) guidelines, he will grant the permit unless issuance would be contrary to the public interest.\n\n(b) The Corps will not issue a permit where the regional administrator of EPA has notified the district engineer and applicant in writing pursuant to 40 CFR 231.3(a)(1) that he intends to issue a public notice of a proposed determination to prohibit or withdraw the specification, or to deny, restrict or withdraw the use for specification, of any defined area as a disposal site in accordance with section 404(c) of the Clean Water Act. However the Corps will continue to complete the administrative processing of the application while the section 404(c) procedures are underway including completion of final coordination with EPA under 33 CFR part 325."], ["44:44:1.0.1.6.73.0.10.1", 44, "Emergency Management and Assistance", "I", "F", "323", "PART 323\u2014GUIDANCE ON PRIORITY USE OF RESOURCES IN IMMEDIATE POST ATTACK PERIOD (DMO-4)", "", "", "", "\u00a7 323.1 Purpose.", "FEMA", "", "", "", "This part:\n\n(a) States the policy of the Federal Government on use of resources in the period immediately following a nuclear attack on the United States;\n\n(b) Provides general guidance for Federal, State, and local government officials on activities to be accorded priority in the use of postattack resources; and\n\n(c) Lists those items essential to national survival in the immediate postattack period."], ["44:44:1.0.1.6.73.0.10.2", 44, "Emergency Management and Assistance", "I", "F", "323", "PART 323\u2014GUIDANCE ON PRIORITY USE OF RESOURCES IN IMMEDIATE POST ATTACK PERIOD (DMO-4)", "", "", "", "\u00a7 323.2 General policy.", "FEMA", "", "", "", "(a) In an immediate postattack period all decisions regarding the use of resources will be directed to the objective of national survival and recovery. In order to achieve this objective, postattack resources will be assigned to activities concerned with the maintenance and saving of lives, immediate military defense and retaliatory operations, economic activities essential to continued survival and recovery.\n\n(b) This guidance is designed to achieve a degree of national equity in the use of resources and to assign and conserve resources effectively in the immediate postattack period. Until more specific instructions are available, these are the general guidelines within which managerial judgment and common sense must be used to achieve national objectives under widely differing emergency conditions."], ["44:44:1.0.1.6.73.0.10.3", 44, "Emergency Management and Assistance", "I", "F", "323", "PART 323\u2014GUIDANCE ON PRIORITY USE OF RESOURCES IN IMMEDIATE POST ATTACK PERIOD (DMO-4)", "", "", "", "\u00a7 323.3 Responsibilities.", "FEMA", "", "", "", "(a) As stated in The National Plan for Emergency Preparedness, the direction of resources mobilization is a Federal responsibility. However, in the period immediately following an attack, certain geographical areas may be temporarily isolated, and State and local governments will assume responsibility for the use of resources remaining in such areas until effective Federal authority can be restored. State and local governments will not assume responsibility for resources under the jurisdiction of a Federal agency where the Federal agency is able to function.\n\n(b) As soon as possible after an attack and until specific national direction and guidance on the use of resources is provided, Federal, State, and local officials will determine what resources are available, to what needs they can be applied, how they are to be used, and the extent to which resources are deficient or in excess of survival needs. They will base determinations as to the relative urgency for use of resources primarily upon the importance of specific needs of defense, survival, and recovery."], ["44:44:1.0.1.6.73.0.10.4", 44, "Emergency Management and Assistance", "I", "F", "323", "PART 323\u2014GUIDANCE ON PRIORITY USE OF RESOURCES IN IMMEDIATE POST ATTACK PERIOD (DMO-4)", "", "", "", "\u00a7 323.4 Priority activities in immediate postattack period.", "FEMA", "", "", "", "The following activities are to be accorded priority over all other claims for resources. There is no significance in the order of the listing\u2014all are important. The order in which and the extent to which they are supported locally may vary with local conditions and circumstances. If local conditions necessitate the establishment of an order of priority among these activities, that order shall be based on determinations of relative urgency among the activities listed, the availability of resources for achieving the actions required, and the feasibility and timeliness of the activities in making the most rapid and effective contribution to national survival.\n\n(a) The immediate defense and retaliatory combat operations of the Armed Forces of the United States and its Allies: This includes support of military personnel and the production and distribution of military and atomic weapons, materials and equipment required to carry out these immediate defense and retaliatory combat operations.\n\n(b) Maintenance or reestablishment of Government authority and control to restore and preserve order and to assure direction of emergency operations essential for the safety and protection of the people. This includes:\n\n(1) Police protection and movement direction;\n\n(2) Fire defense, rescue and debris clearance;\n\n(3) Warnings;\n\n(4) Emergency information and instructions;\n\n(5) Radiological detection, monitoring and decontamination.\n\n(c) Production and distribution of survival items and provision of services essential to continued survival and rapid recovery. (For list of survival items, see appendix 1 to this part.) These include:\n\n(1) Expedient shelter;\n\n(2) Food, including necessary processing and storage;\n\n(3) Feeding, clothing, lodging, and other welfare services;\n\n(4) Emergency housing and community services;\n\n(5) Emergency health services, including medical care, public health and sanitation;\n\n(6) Water, fuel, and power supply;\n\n(7) Emergency repair and restoration of damaged vital facilities.\n\n(d) Essential communications and transportation services needed to carry out the above activities.\n\n(e) Provision of supplies, equipment, and repair parts to produce and distribute goods needed for the above activities."], ["44:44:1.0.1.6.73.0.10.5", 44, "Emergency Management and Assistance", "I", "F", "323", "PART 323\u2014GUIDANCE ON PRIORITY USE OF RESOURCES IN IMMEDIATE POST ATTACK PERIOD (DMO-4)", "", "", "", "\u00a7 323.5 Assignment of resources.", "FEMA", "", "", "", "Resources required for essential uses, including manpower, will be assigned to meet the emergency requirements of the priority activities indicated above. The principal objectives are to use available resources to serve essential needs promptly and effectively, and to:\n\n(a) Protect and to prevent waste or dissipation of resources prior to their assignment to priority activities;\n\n(b) Support production of essential goods. Other production will be permitted to continue only from inventories on hand and when there is no emergency requirement for the resources vital to this production.\n\n(c) Support construction for emergency repair and restoration, construction of facilities needed for survival, or the conversion of facilities to survival use, where this can be accomplished quickly. Other construction already under way should be stopped, and no new construction started unless it can be used immediately for essential purposes upon completion."]], "truncated": false, "filtered_table_rows_count": 37, "expanded_columns": [], "expandable_columns": [], "columns": ["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"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select 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 from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "323"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=323", "results": [{"value": 14, "label": 14, "count": 19, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&title_number=14", "selected": false}, {"value": 20, "label": 20, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&title_number=20", "selected": false}, {"value": 33, "label": 33, "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&title_number=33", "selected": false}, {"value": 44, "label": 44, "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&title_number=44", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=323", "results": [{"value": "FAA", "label": "FAA", "count": 19, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&agency=FAA", "selected": false}, {"value": "SSA", "label": "SSA", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&agency=SSA", "selected": false}, {"value": "USACE", "label": "USACE", "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&agency=USACE", "selected": false}, {"value": "FEMA", "label": "FEMA", "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&agency=FEMA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=323", "results": [{"value": "323", "label": "323", "count": 37, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&_facet=part_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=323&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 2231.2722909264266, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}