{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 325 sorted by section_id", "rows": [["14:14:4.0.1.2.56.0.24.1", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.1 Purpose.", "FAA", "", "", "[Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "The purpose of this part is to establish procedures to be followed in designating eligible places and in determining essential air transportation levels for eligible places, and in the appeals and periodic reviews of these determinations, under 49 U.S.C. 41732."], ["14:14:4.0.1.2.56.0.24.10", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.12 Service of documents.", "FAA", "", "", "[Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "Any person, except one filing individually as a consumer, who files a document under this part, including responses to the questionnaire, shall serve that document upon those listed in \u00a7 325.4(a) of this part and upon the following:\n\n(a) The governor of the State in which the eligible place is located;\n\n(b) Each air carrier providing scheduled service to the affected eligible place;\n\n(c) In the case of a responsive document, the one who filed the document to which it responds; and\n\n(d) The U.S. Postal Service, Assistant General Counsel, Transportation Division, Law Department, Washington, D.C. 20260."], ["14:14:4.0.1.2.56.0.24.11", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.13 Environmental evaluations and energy information not required.", "FAA", "", "", "", "Notwithstanding any provision of part 312 or part 313 of this chapter, a person filing a petition or appeal under this part is not required to file an environmental evaluation or energy information with the application."], ["14:14:4.0.1.2.56.0.24.12", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.14 Conformity with subpart A of part 302.", "FAA", "", "", "", "Except where they are inconsistent, the provisions of subpart A of part 302 of this chapter shall apply to proceedings under this part."], ["14:14:4.0.1.2.56.0.24.2", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.2 Applicability.", "FAA", "", "", "[Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "This part applies to essential air service determinations for communities designated as eligible under 49 U.S.C. 41731 and to eligible place designations and essential air service determinations for communities that qualify under 49 U.S.C. 41732 and 41733. It applies to the gathering of data by the Department, and to the participation of State, local, and other officials and other interested persons in the designation and determination processes.\n\nNote to \u00a7 325.2: Criteria for designating eligible points under section 419(b) are contained in part 270 of this chapter. Guidelines for deciding essential air service levels are contained in part 398 of this chapter."], ["14:14:4.0.1.2.56.0.24.3", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.3 Definitions.", "FAA", "", "", "[Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "As used in this part,  eligible place  means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417."], ["14:14:4.0.1.2.56.0.24.4", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.4 State and local participation.", "FAA", "", "", "[Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "(a) DOT, on a periodic basis, will send a questionnaire to each eligible place that is served by not more than one certificated air carrier, or is designated as an eligible place under 49 U.S.C. 41731, or for which DOT is reviewing its essential air service needs. The questionnaire will be addressed to:\n\n(1) The chief executive of the principal city, or other unit of local government at the affected place, that is named or has been previously named in a qualifying section 41102 certificate. For places in Alaska or Hawaii that are named DOT as eligible place without having been listed on a section 41102 certificate, the principal city is the most populous municipality at the place;\n\n(2) The individual or entity with direct supervision over and responsibility for the airport at the eligible place; and\n\n(3) The State agency with jurisdiction over air transportation in the State containing the eligible place. If there is no such State agency, the questionnaire will be sent to the governor of that State.\n\n(b) Within 60 days after receipt of the questionnaire, five copies of the response shall be filed in the Docket Operations Office, unless the Department specifies another date. If no response is received within the period, essential air service for that eligible place may temporarily be set at the minimum level prescribed in 49 U.S.C. 41737.\n\n(c) Any other interested person may, during the 60-day response period, submit information relevant to the essential air service level of that eligible place by filing in the Docket Operations Office, five copies of a document titled with the name of the place involved.\n\n(d) As necessary, the DOT may request additional information to supplement the questionnaire."], ["14:14:4.0.1.2.56.0.24.5", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.5 Determinations and designations.", "FAA", "", "", "[Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "DOT will issue a determination of the essential level of air service for a place within 6 months after each of the following events:\n\n(a) A notice is received that service to an eligible place will be reduced to only one carrier that holds a section 41102 certificate;\n\n(b) A place is designated as an eligible place under 49 U.S.C. 41731 and either paragraph (c) or (d) of this section or \u00a7 325.7(e); or\n\n(c) A review was conducted of essential air service of that place under \u00a7 325.6."], ["14:14:4.0.1.2.56.0.24.6", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.6 Periodic reviews.", "FAA", "", "", "[Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "(a) The Department will start a periodic review of essential air service within 1 year of the date of the previous determination of essential air service for eligible places receiving subsidized service, within 2 years of the date of the previous determination for eligible places in Alaska, and within 3 years of the date of the previous determination for eligible places without subsidized air service.\n\n(b) The review shall be conducted in accordance with the procedures in \u00a7\u00a7 325.4, 325.5 and 325.7.\n\n(c) The Department may review the designation under 49 U.S.C. 41733 to determine whether the community designated as an eligible place continues to meet the criteria in part 270 of this chapter."], ["14:14:4.0.1.2.56.0.24.7", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7\u00a7 325.7-325.9 [Reserved]", "FAA", "", "", "", ""], ["14:14:4.0.1.2.56.0.24.8", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.10 Modification of the designated level of essential air service.", "FAA", "", "", "[Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]", "(a) Any person may file with DOT a petition titled \u201cPetition for Modification of Essential Air Service Level,\u201d asking to modify the essential air service level at a place.\n\n(b) The petition shall identify the place affected, and specifically state the reasons why the petitioner believes the designated essential level is inadequate. It should contain any facts and arguments that support its requests, and describe the level of essential air service that should be substituted.\n\n(c) Any person may, within 30 days after the filing of a petition for modification, file an answer to that petition titled \u201cAnswer to Petition for Modification.\u201d\n\n(d) After review, the Department may seek more information and the procedures of \u00a7\u00a7 325.5 and 325.7 will be followed."], ["14:14:4.0.1.2.56.0.24.9", 14, "Aeronautics and Space", "II", "B", "325", "PART 325\u2014ESSENTIAL AIR SERVICE PROCEDURES", "", "", "", "\u00a7 325.11 Form of documents.", "FAA", "", "", "", "All documents filed under this part shall be filed in the Documentary Services Division, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, D.C. 20590, and on their front page state:\n\n(a) The title of the document;\n\n(b) The name of the affected community;\n\n(c) The name, address, and telephone number of a person who can be contacted for further information concerning the subject of the document; and\n\n(d) In the case of a responsive document, the docket number of the document to which it responds."], ["15:15:2.1.1.1.7.0.1.1", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.1 Scope.", "ITA", "", "", "", "This part contains regulations for issuing export trade certificates of review under title III of the Export Trading Company Act, Pub. L. 97-290. A holder of a certificate of review and the members named in the certificate will have specific protections from private treble damage actions and government criminal and civil suits under U.S. Federal and State antitrust laws for the export conduct specified in the certificate and carried out during its effective period in compliance with its terms and conditions."], ["15:15:2.1.1.1.7.0.1.10", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.10 Modifying or revoking a certificate.", "ITA", "", "", "", "(a)  Action subject to modification or revocation.  The Secretary shall revoke a certificate, in whole or in part, or modify it, as the Secretary or the Attorney General considers necessary, if:\n\n(1) The export conduct of a person or entity protected by the certificate no longer complies with the requirements set forth in \u00a7 325.4(b);\n\n(2) A person or entity protected by the certificate fails to comply with a request for information under paragraph (b) of this section; or\n\n(3) The certificate holder fails to file a complete annual report.\n\n(b)  Request for information.  If the Secretary or the Attorney General has reason to believe that the export trade, export trade activities, or methods of operation of a person or entity protected by a certificate no longer comply with the requirements set forth in \u00a7 325.4(b), the Secretary shall request any information that he or the Attorney General considers to be necessary to resolve the matter.\n\n(c)  Proceedings for the revocation or modification of a certificate \u2014(1)  Notification letter.  If, after reviewing the relevant information in their possession, it appears to the Secretary or the Attorney General that a certificate should be revoked or modified for any of the reasons set forth in paragraph (a) above, the Secretary shall so notify the certificate holder in writing. The notification shall be sent by registered or certified mail to the address specified in the certificate. The notification shall include a detailed statement of the facts, conduct, or circumstances which may warrant the revocation or modification of the certificate.\n\n(2)  Answer.  The certificate holder shall respond to the notification letter within thirty days after receiving it, unless the Secretary, in his discretion, grants a thirty day extension for good cause shown. The certificate holder shall respond specifically to the statement included with the notification letter and state in detail why the facts, conduct or circumstances described in the notification letter are not true, or if they are true, why they do not warrant the revoking or modifying of the certificate. If the certificate holder does not respond within the specified period, it will be considered an admission of the statements contained in the notification letter.\n\n(3)  Resolution of factual disputes.  Where material facts are in dispute, the Secretary and the Attorney General shall, upon request, meet informally with the certificate holder. The Secretary or the Attorney General may require the certificate holder to provide any documents or information that are necessary to support its contentions. After reviewing the statements of the certificate holder and the documents or information that the certificate holder has submitted, and upon considering other relevant documents or information in his possession, the Secretary shall make proposed findings of the factual matters in dispute. The Attorney General is not bound by the proposed findings.\n\n(4)  Final determination.  The Secretary and the Attorney General shall review the notification letter and the certificate holder's answer to it, the proposed factual findings made under paragraph (c)(3) of this section, and any other relevant documents or information in their possession. If, after review, the Secretary or the Attorney General determines that the export conduct of a person or entity protected by the certificate no longer complies with the standards set forth in \u00a7 325.4(b), the Secretary shall revoke or modify the certificate as appropriate. If the Secretary or the Attorney General determines that the certificate holder has failed to comply with the request for information under paragraph (b) of this section, or has failed to file a complete annual report, and that the failure to comply or file should result in revocation of modification, the Secretary shall revoke or modify the certificate as appropriate. The determination will be final and will be issued to the certificate holder in writing. The notice to the certificate holder shall include a statement of the circumstances underlying and the reasons in support of the determination. If the Secretary determines to revoke or modify the certificate, the decision shall specify the effective date of the revocation or modification; this date must be at least thirty days but not more than ninety days after the Secretary notifies the certificate holder of his determination. The Secretary shall publish notice in the  Federal Register  of a revocation or modification or a decision not to revoke or modify.\n\n(d)  Investigative information.  In proceedings under this section, the Attorney General shall make available to the Secretary any information that has been obtained in response to Civil Investigative Demands issued under section 304(b)(3) of the Act. Unless prohibited by law, the Attorney General and the Secretary shall also make available to each other any other information which each is relying upon under these proceedings."], ["15:15:2.1.1.1.7.0.1.11", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.11 Judicial review.", "ITA", "", "", "", "(a)  Review of certain determinations.  (1) Any person aggrieved by a final determination of the Secretary under \u00a7 325.5, \u00a7 325.7, \u00a7 325.9, or \u00a7 325.10 of these regulations may, within thirty days of the determination, bring an action in an appropriate district court of the United States to set aside the determination on the ground that it is erroneous. If a certificate is denied, the applicant may bring suit within thirty days after the notice of denial is published in the  Federal Register,  or, if the applicant seeks reconsideration, within thirty days after the Secretary publishes in the  Federal Register  notice of his determination after reconsideration.\n\n(b) For purposes of judicial review, determinations of the Secretary are final when notice is published in the  Federal Register.\n\n(c)  Record for judicial review.  For purposes of judicial review, the record shall include all information presented to or obtained by the Secretary which had a bearing on the determination, the determination itself, the supporting statement setting forth the reasons for the determination, and the Attorney General's response to the Secretary indicating concurrence or nonconcurrence.\n\n(d)  Limitation of judicial review.  Except as provided in paragraph (a) of this section, no agency action taken under the Act shall be subject to judicial review."], ["15:15:2.1.1.1.7.0.1.12", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.12 Returning the applicant's documents.", "ITA", "", "", "", "(a) Upon the denial or withdrawal of an application for a certificate in its entirety, the applicant may request the return of all copies of the documents submitted by the applicant in connection with the application to the Department of Commerce or the Department of Justice. The applicant shall submit this request in writing to both the Secretary and the Attorney General.\n\n(b) The Secretary and the Attorney General shall return the documents to the applicant within thirty days after they receive the applicant's request."], ["15:15:2.1.1.1.7.0.1.13", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.13 Nonadmissibility in evidence.", "ITA", "", "", "", "If the Secretary denies, in whole or in part, an application for a certificate or for an amendment to a certificate, or revokes or amends a certificate, neither the negative determination nor the statement of reasons therefor shall be admissible in evidence in any administrative or judicial proceeding in support of any claim under the antitrust laws."], ["15:15:2.1.1.1.7.0.1.14", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.14 Submitting reports.", "ITA", "", "", "", "(a) Not later than each anniversary of a certificate's effective date, the Secretary shall notify the certificate holder of the information to be included in the annual report. This report shall contain any changes relevant to the matters specified in the certificate, an update of the information contained in the application brought current to the anniversary date, and any other information the Secretary considers appropriate, after consultation with the Attorney General.\n\n(b) Not later than forty-five days after each anniversary of a certificate's effective date, a certificate holder shall submit its annual report to the Secretary. The Secretary shall deliver a copy of the annual report to the Attorney General.\n\n(c) Failure to submit a complete annual report may be the basis for modification or revocation of a certificate."], ["15:15:2.1.1.1.7.0.1.15", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.15 Relinquishing a certificate.", "ITA", "", "", "", "A certificate holder may relinquish a certificate at any time through written notice to the Secretary. The certificate will cease to be effective on the day the Secretary receives the notice."], ["15:15:2.1.1.1.7.0.1.16", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.16 Protecting confidentiality of information.", "ITA", "", "", "", "(a) Any information that is submitted by any person under the Act is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552).\n\n(b)(1) Except as authorized under paragraph (b)(3) of this section, no officer or employee of the United States shall disclose commercial or financial information submitted under this Act if the information is privileged or confidential, and if disclosing the information would cause harm to the person who submitted it.\n\n(2) A person submitting information shall designate the documents or information which it considers privileged or confidential and the disclosure of which would cause harm to the person submitting it. The Secretary shall endeavor to notify these persons of any requests or demands before disclosing any of this information.\n\n(3) An officer or employee of the United States may disclose information covered under paragraph (b)(1) of this section only under the following circumstances\u2014\n\n(i) Upon a request made by either House of Congress or a Committee of the Congress,\n\n(ii) In a judicial or administrative proceeding subject to issuance of an appropriate protective order,\n\n(iii) With the written consent of the person who submitted the information,\n\n(iv) When the Secretary considers disclosure of the information to be necessary for determining whether or not to issue, amend, or revoke a certificate, if\u2014\n\n(A) The Secretary determines that a non-confidential summary of the information is inadequate; and\n\n(B) The person who submitted the information is informed of the intent to disclose the information, and has an opportunity to advise the Secretary of the potential harm which disclosure may cause,\n\n(v) In accordance with any requirement imposed by a statute of the United States.\n\n(c) In any judicial or administrative proceeding in which disclosure is sought from the Secretary or the Attorney General of any confidential or privileged documents or information submitted under this Act, the Secretary or Attorney General shall attempt to notify the party who submitted the information of the request or demand for disclosure. In appropriate circumstances the Secretary or Attorney General may seek or support an appropriate protective order on behalf of the party who submitted the documents or information."], ["15:15:2.1.1.1.7.0.1.17", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.17 Waiver.", "ITA", "", "", "", "The Secretary may waive any of the provisions of this part in writing for good cause shown, if the Attorney General concurs and if permitted by law."], ["15:15:2.1.1.1.7.0.1.2", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.2 Definitions.", "ITA", "", "", "", "As used in this part:\n\n(a)  Act  means title III of Pub. L. 97-290, Export Trade Certificates of Review.\n\n(b)  Antitrust laws  means the antitrust laws, as the term is defined in the first section of the Clayton Act (15 U.S.C. 12), section 5 of the Federal Trade Commission Act (15 U.S.C. 45) (to the extent that section 5 prohibits unfair methods of competition), and any State antitrust or unfair competition law.\n\n(c)  Applicant  means the person or persons who submit an application for a certificate.\n\n(d)  Application  means an application for a certificate to be issued under the Act.\n\n(e)  Attorney General  means the Attorney General of the United States or his designee.\n\n(f)  Certificate  means a certificate of review issued pursuant to the Act.\n\n(g)  Control  means either (1) holding 50 percent or more of the outstanding voting securities of an issuer; or (2) having the contractual power presently to designate a majority of the directors of a corporation, or in the case of an unincorporated entity, a majority of the individuals who exercise similar functions.\n\n(h)  Controlling entity  means an entity which directly or indirectly controls a member or applicant, and is not controlled by any other entity.\n\n(i)  Export conduct  means specified export trade activities and methods of operation carried out in specified export trade and export markets.\n\n(j)  Export trade  means trade or commerce in goods, wares, merchandise, or services that are exported, or are in the course of being exported, from the United States or any territory of the United States to any foreign nation.\n\n(k)  Export trade activities  means activities or agreements in the course of export trade.\n\n(l)  Member  means an entity (U.S. or foreign) or a person which is seeking protection under the certificate with the applicant. A member may be a partner in a partnership or a joint venture; a shareholder of a corporation; or a participant in an association, cooperative, or other form of profit or nonprofit organization or relationship, by contract or other arrangement.\n\n(m)  Method of operation  means any method by which an applicant or member conducts or proposes to conduct export trade.\n\n(n)  Person  means an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether it is organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between or among such persons.\n\n(o)  Secretary  means the Secretary of Commerce or his designee.\n\n(p)  Services  means intangible economic output, including, but not limited to\u2014\n\n(1) business, repair, and amusement services,\n\n(2) management, legal, engineering, architectural, and other professional services, and\n\n(3) financial, insurance, transportation, informational and any other data-based services, and communication services.\n\n(q)  United States  means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands."], ["15:15:2.1.1.1.7.0.1.3", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.3 Applying for a certificate of review.", "ITA", "", "", "", "(a)  Place of filing.  The applicant shall submit an original and two copies of a completed application form (ITA 4093-P, OMB control number 0625-0125) by personal delivery during normal business hours or by first class mail to the Office of Export Trading Company Affairs, Room 5618, International Trade Administration, Department of Commerce, Washington, DC 20230. Although not required, the applicant should consider using registered mail or some other delivery method that provides evidence of receipt.\n\n(b)  Contents of application.  Any person may submit an application for certification. The application shall contain, where applicable, the information listed below. Some information, in particular the identification of goods or services that the applicant exports or proposes to export, is requested in a certain form (Standard Industrial Classification [SIC] numbers) if reasonably available. Where information does not exist in this form, the applicant may satisfy the request for information by providing it in some other convenient form. If the applicant is unable to provide any of the information requested or if the applicant believes that any of the information requested would be both burdensome to obtain and unnecessary for a determination on the application, the applicant should state that the information is not being provided or is being provided in lesser detail, and explain why.\n\n(1) Name and principal address of the applicant and of its controlling entity, if any. Include the name, title, address, telephone number, and relationship to the applicant of each individual to whom the Secretary should address correspondence.\n\n(2) The name and principal address of each member, and of each member's controlling entity, if any.\n\n(3) A copy of any legal instrument under which the applicant is organized or will operate. Include copies, as applicable, of its corporate charter, bylaws, partnership, joint venture, membership or other agreements or contracts under which the applicant is organized.\n\n(4) A copy of the applicant's most recent annual report, if any, and that of its controlling entity, if any. To the extent the information is not included in the annual report, or other documents submitted in connection with the application, a description of the applicant's domestic (including import) and export operations, including the nature of its business, the types of products or services in which it deals, and the places where it does business. This description may be supplemented by a chart or table.\n\n(5) A copy of each member's most recent annual report, if any, and that of its controlling entity, if any. To the extent the information is not included in the annual report, or other documents submitted in connection with the application, a description of each member's domestic (including import) and export operations, including the nature of its business, the types of products or services in which it deals, and the places where it does business. This description may be supplemented by a chart or table.\n\n(6) The names, titles, and responsibilities of the applicant's directors, officers, partners and managing officials, and their business affiliations with other members or other businesses that produce or sell any of the types of goods or services described in paragraph (b)(7) of this section.\n\n(7)(i) A description of the goods or services which the applicant exports or proposes to export under the certificate of review. This description should reflect the industry's customary definitions of the products and services.\n\n(ii) If it is reasonably available, an identification of the goods or services according to the Standard Industrial Classification (SIC) number. Goods should normally be identified according to the 7-digit level. Services should normally be identified at the most detailed SIC level available.\n\n(iii) The foreign geographic areas to which the applicant and each member export or intend to export their goods and services.\n\n(8) For each class of the goods, wares, merchandise or services described in paragraph (b)(7) of this section:\n\n(i) The principal geographic area or areas in the United States in which the applicant and each member sell their goods and services.\n\n(ii) For their previous two fiscal years, the dollar value of the applicant's and each member's (A) total domestic sales, if any; and (B) total export sales, if any. Include the value of the sales of any controlling entities and all entities under their control.\n\n(9) For each class of the goods, wares, merchandise or services described in paragraph (b)(7) of this section, the best information or estimate accessible to the applicant of the total value of sales in the United States by all companies for the last two years. Identify the source of the information or the basis of the estimate.\n\n(10) A description of the specific export conduct which the applicant seeks to have certified. Only the specific export conduct described in the application will be eligible for certification. For each item, the applicant should state the antitrust concern, if any, raised by that export conduct. (Examples of export conduct which applicants may seek to have certified include the manner in which goods and services will be obtained or provided; the manner in which prices or quantities will be set; exclusive agreements with U.S. suppliers or export intermediaries; territorial, quantity, or price agreements with U.S. suppliers or export intermediaries; and restrictions on membership or membership withdrawal. These examples are given only to illustrate the type of export conduct which might be of concern. The specific activities which the applicant may wish to have certified will depend on its particular circumstances or business plans.).\n\n(11) If the export trade, export trade activities, or methods of operation for which certification is sought will involve any agreement or any exchange of information among suppliers of the same or similar products or services with respect to domestic prices, production, sales, or other competitively sensitive business information, specify the nature of the agreement or exchange of information. Such information exchanges are not necessarily impermissible and may be eligible for certification. Whether or not certification is sought for such exchanges, this information is necessary to evaluate whether the conduct for which certification is sought meets the standards of the Act.\n\n(12) A statement of whether the applicant intends or reasonably expects that any exported goods or services covered by the proposed certificate will re-enter the United States, either in their original or modified form. If so, identify the goods or services and the manner in which they may re-enter the U.S.\n\n(13) The names and addresses of the suppliers of the goods and services to be exported (and the goods and services to be supplied by each) unless the goods and services to be exported are to be supplied by the applicant and/or its members.\n\n(14) A proposed non-confidential summary of the export conduct for which certification is sought. This summary may be used as the basis for publication in the  Federal Register.\n\n(15) Any other information that the applicant believes will be necessary or helpful to a determination of whether to issue a certificate under the standards of the Act.\n\n(16) (Optional) A draft proposed certificate.\n\n(c) The applicant must sign the application and certify that (1) each member has authorized the applicant to submit the application, and (2) to the best of its belief the information in the application is true, correct, and fully responsive.\n\n(d)  Conformity with regulations.  No application shall be deemed submitted unless it complies with these regulations. Applicants are encouraged to seek guidance and assistance from the Department of Commerce in preparing and documenting their applications.\n\n(e)  Review and acceptance.  The Secretary will stamp the application on the day that it is received in the Office of Export Trading Company Affairs. From that date, the Secretary will have five working days to decide whether the application is complete and can be deemed submitted under the Act. On the date on which the application is deemed submitted, the Secretary will stamp it with that date and notify the applicant that the application has been accepted for review. If the application is not accepted for review, the Secretary shall advise the applicant that it may file the application again after correcting the deficiencies that the Secretary has specified. If the Secretary does not take action on the application within the five-day period, the application shall be deemed submitted as of the sixth day.\n\n(f)  Withdrawal of application.  The applicant may withdraw an application by written request at any time before the Secretary has determined whether to issue a certificate. An applicant who withdraws an application may submit a new application at any time.\n\n(g)  Supplemental information.  After an application has been deemed submitted, if the Secretary or the Attorney General finds that additional information is necessary to make a determination on the application, the Secretary will ask the applicant in writing to supply the supplemental information. The running of the time period for a determination on the application will be suspended from the date on which the request is sent until the supplemental information is received and is considered complete. The Secretary shall promptly decide whether the supplemental information is complete, and shall notify the applicant of his decision. If the information is being sought by the Attorney General, the supplemental information may be deemed complete only if the Attorney General concurs. If the applicant does not agree to provide the additional information, or supplies information which the Secretary or the Attorney General considers incomplete, the Secretary and the Attorney General will decide whether the information in their possession is sufficient to make a determination on the application. If either the Secretary or the Attorney General considers the information in their possession insufficient, the Secretary may make an additional request or shall deny the application. If they consider the information in their possession sufficient to make a determination on the application, the Secretary shall notify the applicant that the time period for a determination has resumed running."], ["15:15:2.1.1.1.7.0.1.4", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.4 Calculating time periods.", "ITA", "", "", "", "(a) When these regulations require action to be taken within a fixed time period, and the last day of the time period falls on a non-working day, the time period shall be extended to the next working day.\n\n(b) The day after an application is deemed submitted shall be deemed the first of the days within which the Secretary must make a determination on the application."], ["15:15:2.1.1.1.7.0.1.5", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.5 Issuing the certificate.", "ITA", "", "", "", "(a)  Time period.  The Secretary shall determine whether to issue a certificate within ninety days after the application is deemed submitted (excluding any suspension pursuant to \u00a7 325.3(f) of the time period for making a determination). If the Secretary or the Attorney General considers it necessary, and the applicant agrees, the Secretary may take up to an additional thirty days to determine whether to issue a certificate.\n\n(b)  Determination.  The Secretary shall issue a certificate to the applicant if he determines, and the Attorney General concurs, that the proposed export trade, export trade activities and methods of operation will\u2014\n\n(1) Result in neither a substantial lessening of competition or restraint of trade within the United States nor a substantial restraint of the export trade of any competitor of the applicant;\n\n(2) Not unreasonably enhance, stabilize, or depress prices within the United States of the class of the goods, wares, merchandise or services exported by the applicant;\n\n(3) Not constitute unfair methods of competition against competitors who are engaged in the export of goods, wares, merchandise or services of the class exported by the applicant; and\n\n(4) Not include any act that may reasonably be expected to result in the sale for consumption or resale within the United States of the goods, wares, merchandise, or services exported by the applicant.\n\n(c)  Concurrence of the Attorney General.  (1) Not later than seven days after an application is deemed submitted, the Secretary shall deliver to the Attorney General a copy of the application, any information submitted in connection with the application, and any other relevant information in his possession. The Secretary and the Attorney General shall make available to each other copies of other relevant information that was obtained in connection with the application, unless otherwise prohibited by law.\n\n(2) Not later than thirty days before the day a determination on the application is due, the Secretary shall deliver a proposed certificate to the Attorney General for discussion and comment. If the Attorney General does not agree that the proposed certificate may be issued, he shall, not later than ten days before the day a determination on the application is due, so advise the Secretary and state the reasons for the disagreement. The Secretary with the concurrence of the Attorney General, may modify or revise the proposed certificate to resolve the objections and problems raised by the Attorney General, or deny the application.\n\n(3) If the Attorney General receives the proposed certification by the date specified in the preceding paragraph and does not respond within the time period specified in that paragraph, he shall be deemed to concur in the proposed certificate.\n\n(d)  Content of certificate.  The certificate shall specify the export conduct and all persons or entities which are protected from liability under the antitrust laws. The Secretary may certify the proposed export conduct contained in the application, in whole or in part, with such changes, modifications, terms, or conditions as are appropriate. If the Secretary intends to issue a certificate different from a draft certificate submitted by the applicant, the Secretary shall first consult with the applicant.\n\n(e)  Certificate obtained by fraud.  A certificate shall be void  ab initio  with respect to any export conduct for which a certificate was obtained by fraud.\n\n(f)  Minimum thirty-day period.  The Secretary may not issue a certificate until thirty days after the summary of the application is published in the  Federal Register."], ["15:15:2.1.1.1.7.0.1.6", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.6 Publishing notices in the Federal Register.", "ITA", "", "", "", "(a) Within ten days after an application is deemed submitted, the Secretary shall deliver to the  Federal Register  a notice summarizing the application. The notice shall identify the applicant and each member and shall include a summary of the export conduct for which certification is sought. If the Secretary does not intend to publish the summary proposed by the applicant, he shall notify the applicant. Within twenty days after the date the notice is published in the  Federal Register,  interested parties may submit written comments to the Secretary on the application. The Secretary shall provide a copy of such comments to the Attorney General.\n\n(b) If a certificate is issued, the Secretary shall publish a summary of the certification in the  Federal Register.  If an application is denied, the Secretary shall publish a notice of denial. Certificates will be available for inspection and copying in the International Trade Administration Freedom of Information Records Inspection Facility.\n\n(c) If the Secretary initiates proceedings to revoke or modify a certificate, he shall publish a notice of his final determination in the  Federal Register.\n\n(d) If the applicant requests reconsideration of a determination to deny an application, in whole or in part, the Secretary shall publish notice of his final determination in the  Federal Register."], ["15:15:2.1.1.1.7.0.1.7", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.7 Amending the certificate.", "ITA", "", "", "", "An application for an amendment to a certificate shall be treated in the same manner as an original application. The application for an amendment shall set forth the proposed amendment(s) and the reasons for them. It shall contain any information specified in \u00a7 325.3(b) that is relevant to the determination on the application for an amendment. The effective date of an amendment will be the date on which the application for the amendment was deemed submitted."], ["15:15:2.1.1.1.7.0.1.8", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.8 Expediting the certification process.", "ITA", "", "", "", "(a)  Request for expedited action.  (1) An applicant may be granted expedited action on its application in the discretion of the Secretary and the Attorney General. The Secretary and the Attorney General will consider such requests in light of an applicant's showing that it has a special need for a prompt decision. A request for expedited action should include an explanation of why expedited action is needed, including a statement of all relevant facts and circumstances, such as bidding deadlines or other circumstances beyond the control of the applicant, that require the applicant to act in less than ninety days and that have a significant impact on the applicant's export trade.\n\n(2) The Secretary shall advise the applicant within ten days after the application is deemed submitted whether it will receive expedited action. The Secretary may grant the request in whole or in part and process the remainder of the application through the normal procedures. Expedited action may be granted only if the Attorney General concurs.\n\n(b)  Time period.  The Secretary shall determine whether to issue a certificate to the applicant within forty-five days after the Secretary granted the request for expedited action, or within a longer period if agreed to by the applicant (excluding any suspension pursuant to \u00a7 325.3(f) of the time period for making a determination). The Secretary may not issue a certificate until thirty days after the summary of the application is published in the  Federal Register.\n\n(c)  Concurrence of the Attorney General.  (1) Not later than ten working days before the date on which a determination on the application is due, the Secretary shall deliver a proposed certificate to the Attorney General for discussion and comment. If the Attorney General does not agree that the proposed certificate may be issued, he shall, not later than five working days before the date on which a determination on the application is due, so advise the Secretary and state the reasons for the disagreement. The Secretary, with the concurrence of the Attorney General, may revise the proposed certificate to resolve the objections and problems raised by the Attorney General, or deny the application.\n\n(2) If the Attorney General receives the proposed certificate by the date specified in the preceding paragraph and does not respond within the time period specified in that paragraph, he shall be deemed to concur in the proposed certificate."], ["15:15:2.1.1.1.7.0.1.9", 15, "Commerce and Foreign Trade", "III", "A", "325", "PART 325\u2014EXPORT TRADE CERTIFICATES OF REVIEW", "", "", "", "\u00a7 325.9 Reconsidering an application that has been denied.", "ITA", "", "", "", "(a) If the Secretary determines to deny an application in whole or in part, he shall notify the applicant in writing of his decision and the reasons for his determination.\n\n(b) Within thirty days after receiving a notice of denial, the applicant may request the Secretary to reconsider his determination.\n\n(1) The request for reconsideration shall include a written statement setting forth the reasons why the applicant believes the decision should be reconsidered, and any additional information that the applicant considers relevant.\n\n(2) Upon the request of the applicant, the Secretary and the Attorney General will meet informally with the applicant and/or his representative to discuss the applicant's reasons why the determination on the application should be changed.\n\n(c) The Secretary shall consult with the Attorney General with regard to reconsidering an application. The Secretary may modify his original determination only if the Attorney General concurs.\n\n(d) The Secretary shall notify the applicant in writing of his final determination after reconsideration and of his reasons for the determination within thirty days after the request for reconsideration has been received."], ["20:20:1.0.2.9.47.0.155.1", 20, "Employees' Benefits", "II", "C", "325", "PART 325\u2014REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS", "", "", "", "\u00a7 325.1 General.", "SSA", "", "", "[54 FR 24551, June 8, 1989, as amended at 65 FR 19647, Apr. 12, 2000]", "(a)  Day of unemployment.  A \u201cday of unemployment\u201d is a calendar day on which an employee, although ready and willing to work, is unemployed, and on which no remuneration is payable and for which the employee has registered, as required by this part. The amount of compensable days of unemployment shall be computed in accordance with this section.\n\n(b)  Registration period.  Except for registration periods in extended unemployment benefit periods, a \u201cregistration period\u201d means a period of 14 consecutive days beginning with the first day for which an employee registers following:\n\n(1) His or her last day of work, or\n\n(2) The last day of the employee's last preceding registration period, and with respect to which the employee properly files a claim for benefits on such form and in such manner as the Board prescribes.\n\n(c)  General waiting period.  Benefits are payable to any qualified employee for each day of unemployment in excess of seven during his or her first registration period in a period of continuing unemployment if such period of continuing unemployment is his or her initial period of continuing unemployment beginning in the benefit year, and then for each day of unemployment in excess of four during any subsequent registration period within the same period of continuing unemployment. A strike waiting period, described in paragraph (d) of this section, will satisfy a general waiting period with respect to a benefit year.\n\n(d)  Strike waiting period.  If a qualified employee has a period of continuing unemployment that includes days of unemployment due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he or she was last employed, no benefits are payable for his or her first 14 days of unemployment due to such stoppage of work. For subsequent days of unemployment due to the same stoppage of work, benefits are payable for days of unemployment in excess of four in each subsequent registration period within the period of continuing unemployment. If such period of continuing unemployment ends because the employee has exhausted his or her benefits as provided for under part 336 of this chapter, but the stoppage of work continues, benefits are payable for days of unemployment in excess of seven in the employee's first registration period in a new period of continuing unemployment based upon the same stoppage of work and for days of unemployment in excess of four in subsequent registration periods in the same period of continuing unemployment.\n\n(e)  Period of continuing unemployment.  A \u201cperiod of continuing unemployment\u201d means a single registration period that includes more than four days of unemployment or a series of consecutive periods each of which includes more than four days of unemployment, or a series of successive registration periods, each of which includes more than four days of unemployment, if each succeeding registration period begins within 15 days after the last day of the immediately preceding registration period. An employee's period of continuing unemployment ends on the last day of a benefit year in which he or she exhausts rights to unemployment benefits as provided for in part 336 of this chapter.\n\n(f)  Computation of compensable days \u2014(1)  Example 1.  An employee has an initial period of continuing unemployment from June 14 through July 25 and is unemployed on all days in that period. The employee's first registration period covers June 14 to June 27, and his subsequent registration periods cover June 28 to July 11 and July 12 to July 25. Under paragraph (c) of this section, a one-week waiting period applies to his first registration period and the employee is therefore paid benefits for days of unemployment in excess of seven in that period. The employee is then paid benefits for days of unemployment in excess of four in each of the two ensuing registration periods. [Note: if this employee's period of continuing unemployment had been the result of a strike in the establishment, premises, or enterprise at which the employee was last employed, then under paragraph (d) of this section, no benefits would be payable for the period June 14 to June 27, and benefits would then be payable for days of unemployment in excess of four in each of the ensuing registration periods.]\n\n(2)  Example 2.  Same facts as in example 1, but the employee is unemployed again beginning August 18. Since August 18 is more than 15 days after July 25, the end of his last registration period, the employee begins a new period of continuing unemployment. The employee's first registration period in the new period of continuing unemployment covers August 18 to August 31. The employee is paid benefits for days of unemployment in excess of seven in that registration period because that period is the employee's first registration period in a new period of continuing unemployment commencing in the benefit year beginning July 1, and he or she did not previously have a waiting period in any registration period earlier in that benefit year. The employee's next registration period covers September 1 to September 14, and the employee returned to work on September 12. In that registration period, the employee has 11 days of unemployment and is therefore paid benefits for days of unemployment in excess of four.\n\n(3)  Example 3.  Same facts as in examples 1 and 2, but the employee then has a new period of continuing unemployment beginning November 1 in the same benefit year. November 1 to November 14 is the employee's first registration period in that period of continuing unemployment. The employee is paid benefits for days of unemployment in excess of four in that registration period and for days of unemployment in excess of four in any subsequent registration period in the same benefit year because earlier in the benefit year the employee had a registration period, August 18 to August 31, in which he or she satisfied the waiting period.\n\n(g)  Remuneration exceeds base year compensation.  (1) No benefits are payable to any otherwise eligible employee for any day of unemployment in a registration period where the total amount of remuneration, as defined in part 322 of this chapter, payable to the employee during a registration period exceeds the amount of the base year monthly compensation base. For this purpose an employee is considered to have received the amount he would have earned except for the fact that he declined suitable work available to him or her during the registration period.\n\n(2) Days of unemployment which are not compensable by virtue of paragraph (g)(1) of this section shall nevertheless be counted as days of unemployment for purposes of determining whether the general waiting period, as described in paragraph (c) of this section, has been satisfied, and for purposes of determining a period of continuing unemployment.\n\n(h)  Pay for time lost.  An employee may claim unemployment benefits in accordance with this part even though he or she is also pursuing a claim for pay for time lost or other remuneration. If such pay is awarded to the employee with respect to any day for which the Board has paid him or her unemployment benefits, the Board will recover the amount of unemployment benefits that was paid for any day or days for which he or she was awarded pay for time lost. See part 322 of this chapter. It is the employee's responsibility to tell the Board that he or she has filed or intends to file a claim for time lost."], ["20:20:1.0.2.9.47.0.155.2", 20, "Employees' Benefits", "II", "C", "325", "PART 325\u2014REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS", "", "", "", "\u00a7 325.2 Procedure for registering for unemployment benefits.", "SSA", "", "", "", "(a)  Registering as unemployed.  To claim unemployment benefits for any day, an employee must register as unemployed by doing the following:\n\n(1) Apply for unemployment benefits and employment service in accordance with \u00a7 325.3;\n\n(2) File a claim in accordance with \u00a7 325.4; and\n\n(3) Provide any other information that the Board needs to properly adjudicate his or her right to unemployment benefits.\n\n(b)  No benefits payable without registration.  No unemployment benefits shall be paid to any otherwise qualified employee with respect to any day claimed as a day of unemployment, and no waiting period credit shall be allowed, until such time as the employee has complied with the requirements of paragraph (a) of this section.\n\n(c)  When a registration period may begin.  When registering for unemployment benefits, an employee may claim benefits for any calendar day on which he or she is unemployed and believes himself or herself to be eligible for benefits. A registration period may begin as early as the first calendar day on which an employee is unemployed following his or her last day of work even though such first calendar day would have been a rest day if the employee had not become unemployed. However, a registration period may not begin with any calendar day with respect to which an employee has received or will receive remuneration."], ["20:20:1.0.2.9.47.0.155.3", 20, "Employees' Benefits", "II", "C", "325", "PART 325\u2014REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS", "", "", "", "\u00a7 325.3 Application for unemployment benefits and employment service.", "SSA", "", "", "", "(a)  Requirement.  An unemployed employee who wishes to claim unemployment benefits shall apply for such benefits by completing the form prescribed by the Board for that purpose. Such form shall also constitute an application for employment service. An application will be required at the beginning of each period of unemployment in a benefit year unless:\n\n(1) The employee filed an application for an initial period of unemployment in a benefit year and has a subsequent period of unemployment within the same benefit year; or\n\n(2) The employee had filed an application for benefits for a period of unemployment that began in the preceding benefit year and the period of unemployment continued into the next ensuing benefit year.\n\nIn either of these circumstances, the initial application will be treated as an application for days in the subsequent period of unemployment or as an application for days in the next ensuing benefit year, as the case may be.\n\n(b)  Purpose of application.  An application for unemployment benefits and employment service is a document that serves three purposes. First, it identifies an employee who has become unemployed and wishes to begin receiving unemployment benefits. Second, it assists the Board in determining whether the applicant is a qualified employee and if so, whether any of the information reported on the application affects his or her eligibility for payment of benefits. Third, it assists the Board in placing the employee in any suitable employment that may be available.\n\n(c)  Time for filing application.  An employee may deliver or mail his or her application to any Board office, but such application must be received at a Board office within 30 calendar days of the first day that the employee intends to claim as a day of unemployment. For example, if an employee becomes unemployed on October 31 and intends to claim unemployment benefits for days starting November 1, the application must reach a Board office no later than November 30. If the application is received December 1, the employee may not be paid unemployment benefits for November 1 as such day would not be considered as a \u201cday of unemployment\u201d. If an employee returns to work and then becomes unemployed again within the same benefit year, he or she is not required to file a new application for benefits and employment service but need only contact the nearest Board office to obtain a claim form and file such form as described in \u00a7 325.4.\n\n(d)  Extension of time for filing.  Notwithstanding paragraph (c) of this section, the Board will consider an application for unemployment benefits as timely filed if:\n\n(1) The employee can show that he or she made a reasonable effort to file the form on time but was prevented from doing so by circumstances beyond his or her control; provided, however, that lack of diligence, forgetfulness or lack of knowledge of the time limit for applying shall not be considered to be a circumstance beyond the employee's control; and\n\n(2) The employee files an application within one year of the day or days that he or she claims as a day or days of unemployment."], ["20:20:1.0.2.9.47.0.155.4", 20, "Employees' Benefits", "II", "C", "325", "PART 325\u2014REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS", "", "", "", "\u00a7 325.4 Claim for unemployment benefits.", "SSA", "", "", "[54 FR 24551, June 8, 1989, as amended at 58 FR 45841, Aug. 31, 1993]", "(a)  Requirement.  After an unemployed employee has applied for unemployment benefits in accordance with \u00a7 325.3, he or she shall claim a day as a day of unemployment by registering with respect to such day. Registration shall be made on the claim form provided by the Board to the employee.\n\n(b)  Claim.  A claim for unemployment benefits shall cover a period of 14 consecutive calendar days. Each such 14-day period shall be a registration period. An employee shall provide the information called for by the claim form and shall file his or her claim in accordance with paragraph (c) of this section.\n\n(c)  Time for filing.  A claim for unemployment benefits shall be filed at any Board office no later than 15 calendar days after the last day of the claim period, as defined in paragraph (b) of this section, or 15 calendar days after the date on which the claim form was mailed to the employee, whichever is later. In determining whether the time for filing the claim may be extended, the standards set forth in \u00a7 325.3(d) shall be applied. None of the days included in a claim that is not timely filed shall be considered a day of unemployment.\n\n(d)  Claim for new period of unemployment.  An employee who has complied with the application requirement under \u00a7 325.3 with respect to a period of unemployment in a benefit year, and who again becomes unemployed in the same benefit year, need not file a new application but may initiate a claim for benefits for days in such subsequent period by calling or visiting the nearest district office of the Board to request a claim form. Such request shall be made no later than 30 calendar days after the first day for which the employee wishes to claim benefits. Upon receipt of a request under this paragraph, the district office shall provide the employee with a claim form which shall show the beginning and ending dates of the registration period covered by the claim form, with the first day shown on the claim form being no earlier than the 30th day before the date on which the employee requested the claim form, unless the delay may be excused by applying the standards set forth in \u00a7 325.3(d).\n\n(e)  Delayed claims.  If an employee makes an initial application and claim for benefits in accordance with this part but does not continue to file ongoing claims because he or she receives an initial determination denying his or her application or claim for benefits and if, upon review, the denial is reversed by an appeals referee or other authorized reviewing official, the employee shall have 30 days from the date of the notice of the reversal in which to file a claim or claims for benefits for the days that he or she would have claimed as days of unemployment but for the initial determination denying benefits. The appeals referee or other reviewing official, as appropriate, shall notify the employee of the 30-day time limit imposed by this paragraph. An employee whose claim for benefits has been denied may continue to claim any additional day or days for which he or she believes that he or she is eligible for benefits.\n\n(f)  Claim required for waiting period.  The requirement to file a claim for unemployment benefits includes a requirement to file a claim for the non-compensable waiting period described in \u00a7 325.1(d), except that the Director of Unemployment and Sickness Insurance may waive such requirement in connection with unemployment resulting from a work stoppage or other labor dispute.\n\n(g)  Withdrawal of claim.  An employee may withdraw his or her claim for unemployment benefits by submitting a written statement to that effect and by repaying any benefits paid on the claim, unless the employee's claim was intentionally false or fraudulent."], ["20:20:1.0.2.9.47.0.155.5", 20, "Employees' Benefits", "II", "C", "325", "PART 325\u2014REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS", "", "", "", "\u00a7 325.5 Death of employee.", "SSA", "", "", "", "If an employee dies before filing one or more of the required forms, the form or forms may be filed by or in behalf of the person or persons to whom benefits would be payable pursuant to section 2(g) of the Act. Such form or forms shall be filed within the time prescribed in \u00a7 325.3. Under these circumstances, the word \u201cemployee\u201d, as used in this part, shall include the individual or individuals by or in behalf of whom the form is filed."], ["20:20:1.0.2.9.47.0.155.6", 20, "Employees' Benefits", "II", "C", "325", "PART 325\u2014REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS", "", "", "", "\u00a7 325.6 Verification procedures.", "SSA", "", "", "", "The Board's procedures for adjudicating and processing applications and claims for unemployment benefits filed pursuant to this part will include both pre-payment and post-payment procedures for verifying the validity of such applications and claims. Such procedures shall be designed with a view to obtaining substantial evidence as to the days of unemployment of the employees who register in accordance with this part. The verification procedures shall include, but are not limited to:\n\n(a) Pre-payment contacts with railroad employers, utilizing data processing techniques to the extent feasible so as not to delay unduly the payment of valid claims; and\n\n(b) Computer matching programs with state agencies or other entities that may have relevant data concerning non-railroad employment and benefit payments under state unemployment compensation laws."], ["33:33:3.0.1.1.19.0.1.1", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.1 Applications for permits.", "USACE", "", "", "[51 FR 41236, Nov. 13, 1986, as amended at 73 FR 19670, Apr. 10, 2008; 90 FR 29472, July 3, 2025]", "(a)  General.  The processing procedures of this part apply to any Department of the Army (DA) permit. Special procedures and additional information are contained in 33 CFR parts 320 through 324, 327 and part 330. This part is arranged in the basic timing sequence used by the Corps of Engineers in processing applications for DA permits.\n\n(b)  Pre-application consultation for major applications.  The district staff element having responsibility for administering, processing, and enforcing federal laws and regulations relating to the Corps of Engineers regulatory program shall be available to advise potential applicants of studies or other information foreseeably required for later federal action. The district engineer will establish local procedures and policies including appropriate publicity programs which will allow potential applicants to contact the district engineer or the regulatory staff element to request pre-application consultation. Upon receipt of such request, the district engineer will assure the conduct of an orderly process which may involve other staff elements and affected agencies (Federal, state, or local) and the public. This early process should be brief but thorough so that the potential applicant may begin to assess the viability of some of the more obvious potential alternatives in the application. The district engineer will endeavor, at this stage, to provide the potential applicant with all helpful information necessary in pursuing the application, including factors which the Corps must consider in its permit decision making process. Whenever the district engineer becomes aware of planning for work which may require a DA permit and which may involve the preparation of an environmental document, they shall contact the principals involved to advise them of the requirement for the permit(s) and the attendant public interest review including the development of an environmental document. Whenever a potential applicant indicates the intent to submit an application for work which may require the preparation of an environmental document, a single point of contact shall be designated within the district's regulatory staff to effectively coordinate the regulatory process, including the National Environmental Policy Act (NEPA) procedures and all attendant reviews, meetings, hearings, and other actions, including the scoping process if appropriate, leading to a decision by the district engineer. Effort devoted to this process should be commensurate with the likelihood of a permit application actually being submitted to the Corps. The regulatory staff coordinator shall maintain an open relationship with each potential applicant or their consultants so as to assure that the potential applicant is fully aware of the substance (both quantitative and qualitative) of the data required by the district engineer for use in preparing an environmental assessment (EA) or an environmental impact statement (EIS) in accordance with 33 CFR part 333.\n\n(c)  Application form.  Applicants for all individual DA permits must use the standard application form (ENG Form 4345, OMB Approval No. OMB 49-R0420). Local variations of the application form for purposes of facilitating coordination with federal, state and local agencies may be used. The appropriate form may be obtained from the district office having jurisdiction over the waters in which the activity is proposed to be located. Certain activities have been authorized by general permits and do not require submission of an application form but may require a separate notification.\n\n(d)  Content of application.  (1) The application must include a complete description of the proposed activity including necessary drawings, sketches, or plans sufficient for public notice (detailed engineering plans and specifications are not required); the location, purpose and need for the proposed activity; scheduling of the activity; the names and addresses of adjoining property owners; the location and dimensions of adjacent structures; and a list of authorizations required by other federal, interstate, state, or local agencies for the work, including all approvals received or denials already made. See \u00a7 325.3 for information required to be in public notices. District and division engineers are not authorized to develop additional information forms but may request specific information on a case-by-case basis. (See \u00a7 325.1(e)).\n\n(2) All activities which the applicant plans to undertake which are reasonably related to the same project and for which a DA permit would be required should be included in the same permit application. District engineers should reject, as incomplete, any permit application which fails to comply with this requirement. For example, a permit application for a marina will include dredging required for access as well as any fill associated with construction of the marina.\n\n(3) If the activity would involve dredging in navigable waters of the United States, the application must include a description of the type, composition and quantity of the material to be dredged, the method of dredging, and the site and plans for disposal of the dredged material.\n\n(4) If the activity would include the discharge of dredged or fill material into the waters of the United States or the transportation of dredged material for the purpose of disposing of it in ocean waters the application must include the source of the material; the purpose of the discharge, a description of the type, composition and quantity of the material; the method of transportation and disposal of the material; and the location of the disposal site. Certification under section 401 of the Clean Water Act is required for such discharges into waters of the United States.\n\n(5) If the activity would include the construction of a filled area or pile or float-supported platform the project description must include the use of, and specific structures to be erected on, the fill or platform.\n\n(6) If the activity would involve the construction of an impoundment structure, the applicant may be required to demonstrate that the structure complies with established state dam safety criteria or that the structure has been designed by qualified persons and, in appropriate cases, independently reviewed (and modified as the review would indicate) by similarly qualified persons. No specific design criteria are to be prescribed nor is an independent detailed engineering review to be made by the district engineer.\n\n(7) For activities involving discharges of dredged or fill material into waters of the United States, the application must include a statement describing how impacts to waters of the United States are to be avoided and minimized. The application must also include either a statement describing how impacts to waters of the United States are to be compensated for or a statement explaining why compensatory mitigation should not be required for the proposed impacts. (See \u00a7 332.4(b)(1) of this chapter.)\n\n(8)  Signature on application.  The application must be signed by the person who desires to undertake the proposed activity ( i.e. , the applicant) or by a duly authorized agent. When the applicant is represented by an agent, that information will be included in the space provided on the application or by a separate written statement. The signature of the applicant or the agent will be an affirmation that the applicant possesses or will possess the requisite property interest to undertake the activity proposed in the application, except where the lands are under the control of the Corps of Engineers, in which cases the district engineer will coordinate the transfer of the real estate and the permit action. An application may include the activity of more than one owner provided the character of the activity of each owner is similar and in the same general area and each owner submits a statement designating the same agent.\n\n(9) If the activity would involve the construction or placement of an artificial reef, as defined in 33 CFR 322.2(g), in the navigable waters of the United States or in the waters overlying the outer continental shelf, the application must include provisions for siting, constructing, monitoring, and managing the artificial reef.\n\n(10)  Complete application.  An application will be determined to be complete when sufficient information is received to issue a public notice (See 33 CFR 325.1(d) and 325.3(a).) The issuance of a public notice will not be delayed to obtain information necessary to evaluate an application.\n\n(e)  Additional information.  In addition to the information indicated in paragraph (d) of this section, the applicant will be required to furnish only such additional information as the district engineer deems essential to make a public interest determination including, where applicable, a determination of compliance with the section 404(b)(1) guidelines or ocean dumping criteria. Such additional information may include environmental data and information on alternate methods and sites as may be necessary for the preparation of the required environmental documentation.\n\n(f)  Fees.  Fees are required for permits under section 404 of the Clean Water Act, section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended, and sections 9 and 10 of the Rivers and Harbors Act of 1899. A fee of $100.00 will be charged when the planned or ultimate purpose of the project is commercial or industrial in nature and is in support of operations that charge for the production, distribution or sale of goods or services. A $10.00 fee will be charged for permit applications when the proposed work is non-commercial in nature and would provide personal benefits that have no connection with a commercial enterprise. The final decision as to the basis for a fee (commercial vs. non-commercial) shall be solely the responsibility of the district engineer. No fee will be charged if the applicant withdraws the application at any time prior to issuance of the permit or if the permit is denied. Collection of the fee will be deferred until the proposed activity has been determined to be not contrary to the public interest. Multiple fees are not to be charged if more than one law is applicable. Any modification significant enough to require publication of a public notice will also require a fee. No fee will be assessed when a permit is transferred from one property owner to another. No fees will be charged for time extensions, general permits or letters of permission. Agencies or instrumentalities of federal, state or local governments will not be required to pay any fee in connection with permits."], ["33:33:3.0.1.1.19.0.1.10", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.10 Publicity.", "USACE", "", "", "", "The district engineer will establish and maintain a program to assure that potential applicants for permits are informed of the requirements of this regulation and of the steps required to obtain permits for activities in waters of the United States or ocean waters. Whenever the district engineer becomes aware of plans being developed by either private or public entities which might require permits for implementation, he should advise the potential applicant in writing of the statutory requirements and the provisions of this regulation. Whenever the district engineer is aware of changes in Corps of Engineers regulatory jurisdiction, he will issue appropriate public notices."], ["33:33:3.0.1.1.19.0.1.2", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.2 Processing of applications.", "USACE", "", "", "[51 FR 41236, Nov. 13, 1986, as amended at 62 FR 26230, May 13, 1997; 90 FR 31593, July 15, 2025]", "(a)  Standard procedures.  (1) When an application for a permit is received the district engineer shall immediately assign it a number for identification, acknowledge receipt thereof, and advise the applicant of the number assigned to it. He shall review the application for completeness, and if the application is incomplete, request from the applicant within 15 days of receipt of the application any additional information necessary for further processing.\n\n(2) Within 15 days of receipt of an application the district engineer will either determine that the application is complete (see 33 CFR 325.1(d)(9) and issue a public notice as described in \u00a7 325.3 of this part, unless specifically exempted by other provisions of this regulation or that it is incomplete and notify the applicant of the information necessary for a complete application. The district engineer will issue a supplemental, revised, or corrected public notice if in his view there is a change in the application data that would affect the public's review of the proposal.\n\n(3) The district engineer will consider all comments received in response to the public notice in his subsequent actions on the permit application. Receipt of the comments will be acknowledged, if appropriate, and they will be made a part of the administrative record of the application. Comments received as form letters or petitions may be acknowledged as a group to the person or organization responsible for the form letter or petition. If comments relate to matters within the special expertise of another federal agency, the district engineer may seek the advice of that agency. If the district engineer determines, based on comments received, that he must have the views of the applicant on a particular issue to make a public interest determination, the applicant will be given the opportunity to furnish his views on such issue to the district engineer (see \u00a7 325.2(d)(5)). At the earliest practicable time other substantive comments will be furnished to the applicant for his information and any views he may wish to offer. A summary of the comments, the actual letters or portions thereof, or representative comment letters may be furnished to the applicant. The applicant may voluntarily elect to contact objectors in an attempt to resolve objections but will not be required to do so. District engineers will ensure that all parties are informed that the Corps alone is responsible for reaching a decision on the merits of any application. The district engineer may also offer Corps regulatory staff to be present at meetings between applicants and objectors, where appropriate, to provide information on the process, to mediate differences, or to gather information to aid in the decision process. The district engineer should not delay processing of the application unless the applicant requests a reasonable delay, normally not to exceed 30 days, to provide additional information or comments.\n\n(4) The district engineer will follow 33 CFR part 333 for environmental procedures and documentation required by the National Environmental Policy Act of 1969, as amended. A decision on a permit application will require either an environmental assessment or an environmental impact statement unless it is included within a categorical exclusion.\n\n(5) The district engineer will also evaluate the application to determine the need for a public hearing pursuant to 33 CFR part 327.\n\n(6) After all above actions have been completed, the district engineer will determine in accordance with the record and applicable regulations whether or not the permit should be issued. He shall prepare a statement of findings (SOF) or, where an EIS has been prepared, a record of decision (ROD), on all permit decisions. The SOF or ROD shall include the district engineer's views on the probable effect of the proposed work on the public interest including conformity with the guidelines published for the discharge of dredged or fill material into waters of the United States (40 CFR part 230) or with the criteria for dumping of dredged material in ocean waters (40 CFR parts 220 to 229), if applicable, and the conclusions of the district engineer. The SOF or ROD shall be dated, signed, and included in the record prior to final action on the application. Where the district engineer has delegated authority to sign permits for and in his behalf, he may similarly delegate the signing of the SOF or ROD. If a district engineer makes a decision on a permit application which is contrary to state or local decisions (33 CFR 320.4(j) (2) & (4)), the district engineer will include in the decision document the significant national issues and explain how they are overriding in importance. If a permit is warranted, the district engineer will determine the special conditions, if any, and duration which should be incorporated into the permit. In accordance with the authorities specified in \u00a7 325.8 of this part, the district engineer will take final action or forward the application with all pertinent comments, records, and studies, including the final EIS or environmental assessment, through channels to the official authorized to make the final decision. The report forwarding the application for decision will be in a format prescribed by the Chief of Engineers. District and division engineers will notify the applicant and interested federal and state agencies that the application has been forwarded to higher headquarters. The district or division engineer may, at his option, disclose his recommendation to the news media and other interested parties, with the caution that it is only a recommendation and not a final decision. Such disclosure is encouraged in permit cases which have become controversial and have been the subject of stories in the media or have generated strong public interest. In those cases where the application is forwarded for decision in the format prescribed by the Chief of Engineers, the report will serve as the SOF or ROD. District engineers will generally combine the SOF, environmental assessment, and findings of no significant impact (FONSI), 404(b)(1) guideline analysis, and/or the criteria for dumping of dredged material in ocean waters into a single document.\n\n(7) If the final decision is to deny the permit, the applicant will be advised in writing of the reason(s) for denial. If the final decision is to issue the permit and a standard individual permit form will be used, the issuing official will forward the permit to the applicant for signature accepting the conditions of the permit. The permit is not valid until signed by the issuing official. Letters of permission require only the signature of the issuing official. Final action on the permit application is the signature on the letter notifying the applicant of the denial of the permit or signature of the issuing official on the authorizing document.\n\n(8) The district engineer will publish monthly a list of permits issued or denied during the previous month. The list will identify each action by public notice number, name of applicant, and brief description of activity involved. It will also note that relevant environmental documents and the SOF's or ROD's are available upon written request and, where applicable, upon the payment of administrative fees. This list will be distributed to all persons who may have an interest in any of the public notices listed.\n\n(9) Copies of permits will be furnished to other agencies in appropriate cases as follows:\n\n(i) If the activity involves the construction of artificial islands, installations or other devices on the outer continental shelf, to the Director, Defense Mapping Agency, Hydrographic Center, Washington, DC 20390 Attention, Code NS12, and to the National Ocean Service, Office of Coast Survey, N/CS261, 1315 East West Highway, Silver Spring, Maryland 20910-3282.\n\n(ii) If the activity involves the construction of structures to enhance fish propagation (e.g., fishing reefs) along the coasts of the United States, to the Defense Mapping Agency, Hydrographic Center and National Ocean Service as in paragraph (a)(9)(i) of this section and to the Director, Office of Marine Recreational Fisheries, National Marine Fisheries Service, Washington, DC 20235.\n\n(iii) If the activity involves the erection of an aerial transmission line, submerged cable, or submerged pipeline across a navigable water of the United States, to the National Ocean Service, Office of Coast Survey, N/CS261, 1315 East West Highway, Silver Spring, Maryland 20910-3282.\n\n(iv) If the activity is listed in paragraphs (a)(9) (i), (ii), or (iii) of this section, or involves the transportation of dredged material for the purpose of dumping it in ocean waters, to the appropriate District Commander, U.S. Coast Guard.\n\n(b)  Procedures for particular types of permit situations \u2014(1)  Section 401 Water Quality Certification.  If the district engineer determines that water quality certification for the proposed activity is necessary under the provisions of section 401 of the Clean Water Act, he shall so notify the applicant and obtain from him or the certifying agency a copy of such certification.\n\n(i) The public notice for such activity, which will contain a statement on certification requirements (see \u00a7 325.3(a)(8)), will serve as the notification to the Administrator of the Environmental Protection Agency (EPA) pursuant to section 401(a)(2) of the Clean Water Act. If EPA determines that the proposed discharge may affect the quality of the waters of any state other than the state in which the discharge will originate, it will so notify such other state, the district engineer, and the applicant. If such notice or a request for supplemental information is not received within 30 days of issuance of the public notice, the district engineer will assume EPA has made a negative determination with respect to section 401(a)(2). If EPA determines another state's waters may be affected, such state has 60 days from receipt of EPA's notice to determine if the proposed discharge will affect the quality of its waters so as to violate any water quality requirement in such state, to notify EPA and the district engineer in writing of its objection to permit issuance, and to request a public hearing. If such occurs, the district engineer will hold a public hearing in the objecting state. Except as stated below, the hearing will be conducted in accordance with 33 CFR part 327. The issues to be considered at the public hearing will be limited to water quality impacts. EPA will submit its evaluation and recommendations at the hearing with respect to the state's objection to permit issuance. Based upon the recommendations of the objecting state, EPA, and any additional evidence presented at the hearing, the district engineer will condition the permit, if issued, in such a manner as may be necessary to insure compliance with applicable water quality requirements. If the imposition of conditions cannot, in the district engineer's opinion, insure such compliance, he will deny the permit.\n\n(ii) No permit will be granted until required certification has been obtained or has been waived. A waiver may be explicit, or will be deemed to occur if the certifying agency fails or refuses to act on a request for certification within sixty days after receipt of such a request unless the district engineer determines a shorter or longer period is reasonable for the state to act. In determining whether or not a waiver period has commenced or waiver has occurred, the district engineer will verify that the certifying agency has received a valid request for certification. If, however, special circumstances identified by the district engineer require that action on an application be taken within a more limited period of time, the district engineer shall determine a reasonable lesser period of time, advise the certifying agency of the need for action by a particular date, and that, if certification is not received by that date, it will be considered that the requirement for certification has been waived. Similarly, if it appears that circumstances may reasonably require a period of time longer than sixty days, the district engineer, based on information provided by the certifying agency, will determine a longer reasonable period of time, not to exceed one year, at which time a waiver will be deemed to occur.\n\n(2)  Coastal Zone Management consistency.  If the proposed activity is to be undertaken in a state operating under a coastal zone management program approved by the Secretary of Commerce pursuant to the Coastal Zone Management (CZM) Act (see 33 CFR 320.3(b)), the district engineer shall proceed as follows:\n\n(i) If the applicant is a federal agency, and the application involves a federal activity in or affecting the coastal zone, the district engineer shall forward a copy of the public notice to the agency of the state responsible for reviewing the consistency of federal activities. The federal agency applicant shall be responsible for complying with the CZM Act's directive for ensuring that federal agency activities are undertaken in a manner which is consistent, to the maximum extent practicable, with approved CZM Programs. (See 15 CFR part 930.) If the state coastal zone agency objects to the proposed federal activity on the basis of its inconsistency with the state's approved CZM Program, the district engineer shall not make a final decision on the application until the disagreeing parties have had an opportunity to utilize the procedures specified by the CZM Act for resolving such disagreements.\n\n(ii) If the applicant is not a federal agency and the application involves an activity affecting the coastal zone, the district engineer shall obtain from the applicant a certification that his proposed activity complies with and will be conducted in a manner that is consistent with the approved state CZM Program. Upon receipt of the certification, the district engineer will forward a copy of the public notice (which will include the applicant's certification statement) to the state coastal zone agency and request its concurrence or objection. If the state agency objects to the certification or issues a decision indicating that the proposed activity requires further review, the district engineer shall not issue the permit until the state concurs with the certification statement or the Secretary of Commerce determines that the proposed activity is consistent with the purposes of the CZM Act or is necessary in the interest of national security. If the state agency fails to concur or object to a certification statement within six months of the state agency's receipt of the certification statement, state agency concurrence with the certification statement shall be conclusively presumed. District engineers will seek agreements with state CZM agencies that the agency's failure to provide comments during the public notice comment period will be considered as a concurrence with the certification or waiver of the right to concur or non-concur.\n\n(iii) If the applicant is requesting a permit for work on Indian reservation lands which are in the coastal zone, the district engineer shall treat the application in the same manner as prescribed for a Federal applicant in paragraph (b)(2)(i) of this section. However, if the applicant is requesting a permit on non-trust Indian lands, and the state CZM agency has decided to assert jurisdiction over such lands, the district engineer shall treat the application in the same manner as prescribed for a non-Federal applicant in paragraph (b)(2)(ii) of this section.\n\n(3)  Historic properties.  If the proposed activity would involve any property listed or eligible for listing in the National Register of Historic Places, the district engineer will proceed in accordance with Corps National Historic Preservation Act implementing regulations.\n\n(4)  Activities associated with Federal projects.  If the proposed activity would consist of the dredging of an access channel and/or berthing facility associated with an authorized federal navigation project, the activity will be included in the planning and coordination of the construction or maintenance of the federal project to the maximum extent feasible. Separate notice, hearing, and environmental documentation will not be required for activities so included and coordinated, and the public notice issued by the district engineer for these federal and associated non-federal activities will be the notice of intent to issue permits for those included non-federal dredging activities. The decision whether to issue or deny such a permit will be consistent with the decision on the federal project unless special considerations applicable to the proposed activity are identified. (See \u00a7 322.5(c).)\n\n(5)  Endangered Species.  Applications will be reviewed for the potential impact on threatened or endangered species pursuant to section 7 of the Endangered Species Act as amended. The district engineer will include a statement in the public notice of his current knowledge of endangered species based on his initial review of the application (see 33 CFR 325.2(a)(2)). If the district engineer determines that the proposed activity would not affect listed species or their critical habitat, he will include a statement to this effect in the public notice. If he finds the proposed activity may affect an endangered or threatened species or their critical habitat, he will initiate formal consultation procedures with the U.S. Fish and Wildlife Service or National Marine Fisheries Service. Public notices forwarded to the U.S. Fish and Wildlife Service or National Marine Fisheries Service will serve as the request for information on whether any listed or proposed to be listed endangered or threatened species may be present in the area which would be affected by the proposed activity, pursuant to section 7(c) of the Act. References, definitions, and consultation procedures are found in 50 CFR part 402.\n\n(c) [Reserved]\n\n(d)  Timing of processing of applications.  The district engineer will be guided by the following time limits for the indicated steps in the evaluation process:\n\n(1) The public notice will be issued within 15 days of receipt of all information required to be submitted by the applicant in accordance with paragraph 325.1.(d) of this part.\n\n(2) The comment period on the public notice should be for a reasonable period of time within which interested parties may express their views concerning the permit. The comment period should not be more than 30 days nor less than 15 days from the date of the notice. Before designating comment periods less than 30 days, the district engineer will consider: (i) Whether the proposal is routine or noncontroversial,\n\n(ii) Mail time and need for comments from remote areas,\n\n(iii) Comments from similar proposals, and\n\n(iv) The need for a site visit. After considering the length of the original comment period, paragraphs (a)(2) (i) through (iv) of this section, and other pertinent factors, the district engineer may extend the comment period up to an additional 30 days if warranted.\n\n(3) District engineers will decide on all applications not later than 60 days after receipt of a complete application, unless (i) precluded as a matter of law or procedures required by law (see below),\n\n(ii) The case must be referred to higher authority (see \u00a7 325.8 of this part),\n\n(iii) The comment period is extended,\n\n(iv) A timely submittal of information or comments is not received from the applicant,\n\n(v) The processing is suspended at the request of the applicant, or\n\n(vi) Information needed by the district engineer for a decision on the application cannot reasonably be obtained within the 60-day period. Once the cause for preventing the decision from being made within the normal 60-day period has been satisfied or eliminated, the 60-day clock will start running again from where it was suspended. For example, if the comment period is extended by 30 days, the district engineer will, absent other restraints, decide on the application within 90 days of receipt of a complete application. Certain laws (e.g., the Clean Water Act, the CZM Act, the National Environmental Policy Act, the National Historic Preservation Act, the Preservation of Historical and Archeological Data Act, the Endangered Species Act, the Wild and Scenic Rivers Act, and the Marine Protection, Research and Sanctuaries Act) require procedures such as state or other federal agency certifications, public hearings, environmental impact statements, consultation, special studies, and testing which may prevent district engineers from being able to decide certain applications within 60 days.\n\n(4) Once the district engineer has sufficient information to make his public interest determination, he should decide the permit application even though other agencies which may have regulatory jurisdiction have not yet granted their authorizations, except where such authorizations are, by federal law, a prerequisite to making a decision on the DA permit application. Permits granted prior to other (non-prerequisite) authorizations by other agencies should, where appropriate, be conditioned in such manner as to give those other authorities an opportunity to undertake their review without the applicant biasing such review by making substantial resource commitments on the basis of the DA permit. In unusual cases the district engineer may decide that due to the nature or scope of a specific proposal, it would be prudent to defer taking final action until another agency has acted on its authorization. In such cases, he may advise the other agency of his position on the DA permit while deferring his final decision.\n\n(5) The applicant will be given a reasonable time, not to exceed 30 days, to respond to requests of the district engineer. The district engineer may make such requests by certified letter and clearly inform the applicant that if he does not respond with the requested information or a justification why additional time is necessary, then his application will be considered withdrawn or a final decision will be made, whichever is appropriate. If additional time is requested, the district engineer will either grant the time, make a final decision, or consider the application as withdrawn.\n\n(6) The time requirements in these regulations are in terms of calendar days rather than in terms of working days.\n\n(e)  Alternative procedures.  Division and district engineers are authorized to use alternative procedures as follows:\n\n(1)  Letters of permission.  Letters of permission are a type of permit issued through an abbreviated processing procedure which includes coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and a public interest evaluation, but without the publishing of an individual public notice. The letter of permission will not be used to authorize the transportation of dredged material for the purpose of dumping it in ocean waters. Letters of permission may be used:\n\n(i) In those cases subject to section 10 of the Rivers and Harbors Act of 1899 when, in the opinion of the district engineer, the proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and should encounter no appreciable opposition.\n\n(ii) In those cases subject to section 404 of the Clean Water Act after:\n\n(A) The district engineer, through consultation with Federal and state fish and wildlife agencies, the Regional Administrator, Environmental Protection Agency, the state water quality certifying agency, and, if appropriate, the state Coastal Zone Management Agency, develops a list of categories of activities proposed for authorization under LOP procedures;\n\n(B) The district engineer issues a public notice advertising the proposed list and the LOP procedures, requesting comments and offering an opportunity for public hearing; and\n\n(C) A 401 certification has been issued or waived and, if appropriate, CZM consistency concurrence obtained or presumed either on a generic or individual basis.\n\n(2)  Regional permits.  Regional permits are a type of general permit as defined in 33 CFR 322.2(f) and 33 CFR 323.2(n). They may be issued by a division or district engineer after compliance with the other procedures of this regulation. After a regional permit has been issued, individual activities falling within those categories that are authorized by such regional permits do not have to be further authorized by the procedures of this regulation. The issuing authority will determine and add appropriate conditions to protect the public interest. When the issuing authority determines on a case-by-case basis that the concerns for the aquatic environment so indicate, he may exercise discretionary authority to override the regional permit and require an individual application and review. A regional permit may be revoked by the issuing authority if it is determined that it is contrary to the public interest provided the procedures of \u00a7 325.7 of this part are followed. Following revocation, applications for future activities in areas covered by the regional permit shall be processed as applications for individual permits. No regional permit shall be issued for a period of more than five years.\n\n(3)  Joint procedures.  Division and district engineers are authorized and encouraged to develop joint procedures with states and other Federal agencies with ongoing permit programs for activities also regulated by the Department of the Army. Such procedures may be substituted for the procedures in paragraphs (a)(1) through (a)(5) of this section provided that the substantive requirements of those sections are maintained. Division and district engineers are also encouraged to develop management techniques such as joint agency review meetings to expedite the decision-making process. However, in doing so, the applicant's rights to a full public interest review and independent decision by the district or division engineer must be strictly observed.\n\n(4)  Emergency procedures.  Division engineers are authorized to approve special processing procedures in emergency situations. An \u201cemergency\u201d is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. In emergency situations, the district engineer will explain the circumstances and recommend special procedures to the division engineer who will instruct the district engineer as to further processing of the application. Even in an emergency situation, reasonable efforts will be made to receive comments from interested Federal, state, and local agencies and the affected public. Also, notice of any special procedures authorized and their rationale is to be appropriately published as soon as practicable."], ["33:33:3.0.1.1.19.0.1.3", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.3 Public notice.", "USACE", "", "", "[51 FR 41236, Nov. 13, 1986, as amended at 90 FR 29472, July 3, 2025]", "(a)  General.  The public notice is the primary method of advising all interested parties of the proposed activity for which a permit is sought and of soliciting comments and information necessary to evaluate the probable impact on the public interest. The notice must, therefore, include sufficient information to give a clear understanding of the nature and magnitude of the activity to generate meaningful comment. The notice should include the following items of information:\n\n(1) Applicable statutory authority or authorities;\n\n(2) The name and address of the applicant;\n\n(3) The name or title, address and telephone number of the Corps employee from whom additional information concerning the application may be obtained;\n\n(4) The location of the proposed activity;\n\n(5) A brief description of the proposed activity, its purpose and intended use, so as to provide sufficient information concerning the nature of the activity to generate meaningful comments, including a description of the type of structures, if any, to be erected on fills or pile or float-supported platforms, and a description of the type, composition, and quantity of materials to be discharged or disposed of in the ocean;\n\n(6) A plan and elevation drawing showing the general and specific site location and character of all proposed activities, including the size relationship of the proposed structures to the size of the impacted waterway and depth of water in the area;\n\n(7) If the proposed activity would occur in the territorial seas or ocean waters, a description of the activity's relationship to the baseline from which the territorial sea is measured;\n\n(8) A list of other government authorizations obtained or requested by the applicant, including required certifications relative to water quality, coastal zone management, or marine sanctuaries;\n\n(9) If appropriate, a statement that the activity is included within a categorical exclusion for purposes of NEPA;\n\n(10) A statement of the district engineer's current knowledge on historic properties;\n\n(11) A statement of the district engineer's current knowledge on endangered species (see \u00a7 325.2(b)(5));\n\n(12) A statement(s) on evaluation factors (see \u00a7 325.3(c));\n\n(13) Any other available information which may assist interested parties in evaluating the likely impact of the proposed activity, if any, on factors affecting the public interest;\n\n(14) The comment period based on \u00a7 325.2(d)(2);\n\n(15) A statement that any person may request, in writing, within the comment period specified in the notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing;\n\n(16) For non-federal applications in states with an approved CZM Plan, a statement on compliance with the approved Plan; and\n\n(17) In addition, for section 103 (ocean dumping) activities:\n\n(i) The specific location of the proposed disposal site and its physical boundaries;\n\n(ii) A statement as to whether the proposed disposal site has been designated for use by the Administrator, EPA, pursuant to section 102(c) of the Act;\n\n(iii) If the proposed disposal site has not been designated by the Administrator, EPA, a description of the characteristics of the proposed disposal site and an explanation as to why no previously designated disposal site is feasible;\n\n(iv) A brief description of known dredged material discharges at the proposed disposal site;\n\n(v) Existence and documented effects of other authorized disposals that have been made in the disposal area (e.g., heavy metal background reading and organic carbon content);\n\n(vi) An estimate of the length of time during which disposal would continue at the proposed site; and\n\n(vii) Information on the characteristics and composition of the dredged material.\n\n(b)  Public notice for general permits.  District engineers will publish a public notice for all proposed regional general permits and for significant modifications to, or reissuance of, existing regional permits within their area of jurisdiction. Public notices for statewide regional permits may be issued jointly by the affected Corps districts. The notice will include all applicable information necessary to provide a clear understanding of the proposal. In addition, the notice will state the availability of information at the district office which reveals the Corps' provisional determination that the proposed activities comply with the requirements for issuance of general permits. District engineers will publish a public notice for nationwide permits in accordance with 33 CFR 330.4.\n\n(c)  Evaluation factors.  A paragraph describing the various evaluation factors on which decisions are based shall be included in every public notice.\n\n(1) Except as provided in paragraph (c)(3) of this section, the following will be included:\n\n\u201cThe decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.\u201d\n\n\u201cThe decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.\u201d\n\n(2) If the activity would involve the discharge of dredged or fill material into the waters of the United States or the transportation of dredged material for the purpose of disposing of it in ocean waters, the public notice shall also indicate that the evaluation of the impact of the activity on the public interest will include application of the guidelines promulgated by the Administrator, EPA, (40 CFR part 230) or of the criteria established under authority of section 102(a) of the Marine Protection, Research and Sanctuaries Act of 1972, as amended (40 CFR parts 220 to 229), as appropriate. (See 33 CFR parts 323 and 324).\n\n(3) In cases involving construction of artificial islands, installations and other devices on outer continental shelf lands which are under mineral lease from the Department of the Interior, the notice will contain the following statement: \u201cThe decision as to whether a permit will be issued will be based on an evaluation of the impact of the proposed work on navigation and national security.\u201d\n\n(d)  Distribution of public notices.  (1) Public notices will be distributed for posting in post offices or other appropriate public places in the vicinity of the site of the proposed work and will be sent to the applicant, to appropriate city and county officials, to adjoining property owners, to appropriate state agencies, to appropriate Indian Tribes or tribal representatives, to concerned Federal agencies, to local, regional and national shipping and other concerned business and conservation organizations, to appropriate River Basin Commissions, to appropriate state and areawide clearing houses as prescribed by OMB Circular A-95, to local news media and to any other interested party. Copies of public notices will be sent to all parties who have specifically requested copies of public notices, to the U.S. Senators and Representatives for the area where the work is to be performed, the field representative of the Secretary of the Interior, the Regional Director of the Fish and Wildlife Service, the Regional Director of the National Park Service, the Regional Administrator of the Environmental Protection Agency (EPA), the Regional Director of the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration (NOAA), the head of the state agency responsible for fish and wildlife resources, the State Historic Preservation Officer, and the District Commander, U.S. Coast Guard.\n\n(2) In addition to the general distribution of public notices cited above, notices will be sent to other addressees in appropriate cases as follows:\n\n(i) If the activity would involve structures or dredging along the shores of the seas or Great Lakes, to the Coastal Engineering Research Center, Washington, DC 20016.\n\n(ii) If the activity would involve construction of fixed structures or artificial islands on the outer continental shelf or in the territorial seas, to the Assistant Secretary of Defense (Manpower, Installations, and Logistics (ASD(MI&L)), Washington, DC 20310; the Director, Defense Mapping Agency (Hydrographic Center) Washington, DC 20390, Attention, Code NS12; and the National Ocean Service, Office of Coast Survey, N/CS261, 1315 East West Highway, Silver Spring, Maryland 20910-3282, and to affected military installations and activities.\n\n(iii) If the activity involves the construction of structures to enhance fish propagation (e.g., fishing reefs) along the coasts of the United States, to the Director, Office of Marine Recreational Fisheries, National Marine Fisheries Service, Washington, DC 20235.\n\n(iv) If the activity involves the construction of structures which may affect aircraft operations or for purposes associated with seaplane operations, to the Regional Director of the Federal Aviation Administration.\n\n(v) If the activity would be in connection with a foreign-trade zone, to the Executive Secretary, Foreign-Trade Zones Board, Department of Commerce, Washington, DC 20230 and to the appropriate District Director of Customs as Resident Representative, Foreign-Trade Zones Board.\n\n(3) It is presumed that all interested parties and agencies will wish to respond to public notices; therefore, a lack of response will be interpreted as meaning that there is no objection to the proposed project. A copy of the public notice with the list of the addresses to whom the notice was sent will be included in the record. If a question develops with respect to an activity for which another agency has responsibility and that other agency has not responded to the public notice, the district engineer may request its comments. Whenever a response to a public notice has been received from a member of Congress, either in behalf of a constituent or himself, the district engineer will inform the member of Congress of the final decision.\n\n(4) District engineers will update public notice mailing lists at least once every two years."], ["33:33:3.0.1.1.19.0.1.4", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.4 Conditioning of permits.", "USACE", "", "", "", "(a) District engineers will add special conditions to Department of the Army permits when such conditions are necessary to satisfy legal requirements or to otherwise satisfy the public interest requirement. Permit conditions will be directly related to the impacts of the proposal, appropriate to the scope and degree of those impacts, and reasonably enforceable.\n\n(1) Legal requirements which may be satisfied by means of Corps permit conditions include compliance with the 404(b)(1) guidelines, the EPA ocean dumping criteria, the Endangered Species Act, and requirements imposed by conditions on state section 401 water quality certifications.\n\n(2) Where appropriate, the district engineer may take into account the existence of controls imposed under other federal, state, or local programs which would achieve the objective of the desired condition, or the existence of an enforceable agreement between the applicant and another party concerned with the resource in question, in determining whether a proposal complies with the 404(b)(1) guidelines, ocean dumping criteria, and other applicable statutes, and is not contrary to the public interest. In such cases, the Department of the Army permit will be conditioned to state that material changes in, or a failure to implement and enforce such program or agreement, will be grounds for modifying, suspending, or revoking the permit.\n\n(3) Such conditions may be accomplished on-site, or may be accomplished off-site for mitigation of significant losses which are specifically identifiable, reasonably likely to occur, and of importance to the human or aquatic environment.\n\n(b) District engineers are authorized to add special conditions, exclusive of paragraph (a) of this section, at the applicant's request or to clarify the permit application.\n\n(c) If the district engineer determines that special conditions are necessary to insure the proposal will not be contrary to the public interest, but those conditions would not be reasonably implementable or enforceable, he will deny the permit.\n\n(d)  Bonds.  If the district engineer has reason to consider that the permittee might be prevented from completing work which is necessary to protect the public interest, he may require the permittee to post a bond of sufficient amount to indemnify the government against any loss as a result of corrective action it might take."], ["33:33:3.0.1.1.19.0.1.5", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.5 Forms of permits.", "USACE", "", "", "", "(a)  General discussion.  (1) DA permits under this regulation will be in the form of individual permits or general permits. The basic format shall be ENG Form 1721, DA Permit (Appendix A).\n\n(2) The general conditions included in ENG Form 1721 are normally applicable to all permits; however, some conditions may not apply to certain permits and may be deleted by the issuing officer. Special conditions applicable to the specific activity will be included in the permit as necessary to protect the public interest in accordance with \u00a7 325.4 of this part.\n\n(b)  Individual permits \u2014(1)  Standard permits.  A standard permit is one which has been processed through the public interest review procedures, including public notice and receipt of comments, described throughout this part. The standard individual permit shall be issued using ENG Form 1721.\n\n(2)  Letters of permission.  A letter of permission will be issued where procedures of \u00a7 325.2(e)(1) have been followed. It will be in letter form and will identify the permittee, the authorized work and location of the work, the statutory authority, any limitations on the work, a construction time limit and a requirement for a report of completed work. A copy of the relevant general conditions from ENG Form 1721 will be attached and will be incorporated by reference into the letter of permission.\n\n(c)  General permits \u2014(1)  Regional permits.  Regional permits are a type of general permit. They may be issued by a division or district engineer after compliance with the other procedures of this regulation. If the public interest so requires, the issuing authority may condition the regional permit to require a case-by-case reporting and acknowledgment system. However, no separate applications or other authorization documents will be required.\n\n(2)  Nationwide permits.  Nationwide permits are a type of general permit and represent DA authorizations that have been issued by the regulation (33 CFR part 330) for certain specified activities nationwide. If certain conditions are met, the specified activities can take place without the need for an individual or regional permit.\n\n(3)  Programmatic permits.  Programmatic permits are a type of general permit founded on an existing state, local or other Federal agency program and designed to avoid duplication with that program.\n\n(d)  Section 9 permits.  Permits for structures in interstate navigable waters of the United States under section 9 of the Rivers and Harbors Act of 1899 will be drafted at DA level."], ["33:33:3.0.1.1.19.0.1.6", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.6 Duration of permits.", "USACE", "", "", "", "(a)  General.  DA permits may authorize both the work and the resulting use. Permits continue in effect until they automatically expire or are modified, suspended, or revoked.\n\n(b)  Structures.  Permits for the existence of a structure or other activity of a permanent nature are usually for an indefinite duration with no expiration date cited. However, where a temporary structure is authorized, or where restoration of a waterway is contemplated, the permit will be of limited duration with a definite expiration date.\n\n(c)  Works.  Permits for construction work, discharge of dredged or fill material, or other activity and any construction period for a structure with a permit of indefinite duration under paragraph (b) of this section will specify time limits for completing the work or activity. The permit may also specify a date by which the work must be started, normally within one year from the date of issuance. The date will be established by the issuing official and will provide reasonable times based on the scope and nature of the work involved. Permits issued for the transport of dredged material for the purpose of disposing of it in ocean waters will specify a completion date for the disposal not to exceed three years from the date of permit issuance.\n\n(d)  Extensions of time.  An authorization or construction period will automatically expire if the permittee fails to request and receive an extension of time. Extensions of time may be granted by the district engineer. The permittee must request the extension and explain the basis of the request, which will be granted unless the district engineer determines that an extension would be contrary to the public interest. Requests for extensions will be processed in accordance with the regular procedures of \u00a7 325.2 of this part, including issuance of a public notice, except that such processing is not required where the district engineer determines that there have been no significant changes in the attendant circumstances since the authorization was issued.\n\n(e)  Maintenance dredging.  If the authorized work includes periodic maintenance dredging, an expiration date for the authorization of that maintenance dredging will be included in the permit. The expiration date, which in no event is to exceed ten years from the date of issuance of the permit, will be established by the issuing official after evaluation of the proposed method of dredging and disposal of the dredged material in accordance with the requirements of 33 CFR parts 320 to 325. In such cases, the district engineer shall require notification of the maintenance dredging prior to actual performance to insure continued compliance with the requirements of this regulation and 33 CFR parts 320 to 324. If the permittee desires to continue maintenance dredging beyond the expiration date, he must request a new permit. The permittee should be advised to apply for the new permit six months prior to the time he wishes to do the maintenance work."], ["33:33:3.0.1.1.19.0.1.7", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.7 Modification, suspension, or revocation of permits.", "USACE", "", "", "", "(a)  General.  The district engineer may reevaluate the circumstances and conditions of any permit, including regional permits, either on his own motion, at the request of the permittee, or a third party, or as the result of periodic progress inspections, and initiate action to modify, suspend, or revoke a permit as may be made necessary by considerations of the public interest. In the case of regional permits, this reevaluation may cover individual activities, categories of activities, or geographic areas. Among the factors to be considered are the extent of the permittee's compliance with the terms and conditions of the permit; whether or not circumstances relating to the authorized activity have changed since the permit was issued or extended, and the continuing adequacy of or need for the permit conditions; any significant objections to the authorized activity which were not earlier considered; revisions to applicable statutory and/or regulatory authorities; and the extent to which modification, suspension, or other action would adversely affect plans, investments and actions the permittee has reasonably made or taken in reliance on the permit. Significant increases in scope of a permitted activity will be processed as new applications for permits in accordance with \u00a7 325.2 of this part, and not as modifications under this section.\n\n(b)  Modification.  Upon request by the permittee or, as a result of reevaluation of the circumstances and conditions of a permit, the district engineer may determine that the public interest requires a modification of the terms or conditions of the permit. In such cases, the district engineer will hold informal consultations with the permittee to ascertain whether the terms and conditions can be modified by mutual agreement. If a mutual agreement is reached on modification of the terms and conditions of the permit, the district engineer will give the permittee written notice of the modification, which will then become effective on such date as the district engineer may establish. In the event a mutual agreement cannot be reached by the district engineer and the permittee, the district engineer will proceed in accordance with paragraph (c) of this section if immediate suspension is warranted. In cases where immediate suspension is not warranted but the district engineer determines that the permit should be modified, he will notify the permittee of the proposed modification and reasons therefor, and that he may request a meeting with the district engineer and/or a public hearing. The modification will become effective on the date set by the district engineer which shall be at least ten days after receipt of the notice by the permittee unless a hearing or meeting is requested within that period. If the permittee fails or refuses to comply with the modification, the district engineer will proceed in accordance with 33 CFR part 326. The district engineer shall consult with resource agencies before modifying any permit terms or conditions, that would result in greater impacts, for a project about which that agency expressed a significant interest in the term, condition, or feature being modified prior to permit issuance.\n\n(c)  Suspension.  The district engineer may suspend a permit after preparing a written determination and finding that immediate suspension would be in the public interest. The district engineer will notify the permittee in writing by the most expeditious means available that the permit has been suspended with the reasons therefor, and order the permittee to stop those activities previously authorized by the suspended permit. The permittee will also be advised that following this suspension a decision will be made to either reinstate, modify, or revoke the permit, and that he may within 10 days of receipt of notice of the suspension, request a meeting with the district engineer and/or a public hearing to present information in this matter. If a hearing is requested, the procedures prescribed in 33 CFR part 327 will be followed. After the completion of the meeting or hearing (or within a reasonable period of time after issuance of the notice to the permittee that the permit has been suspended if no hearing or meeting is requested), the district engineer will take action to reinstate, modify, or revoke the permit.\n\n(d)  Revocation.  Following completion of the suspension procedures in paragraph (c) of this section, if revocation of the permit is found to be in the public interest, the authority who made the decision on the original permit may revoke it. The permittee will be advised in writing of the final decision.\n\n(e)  Regional permits.  The issuing official may, by following the procedures of this section, revoke regional permits for individual activities, categories of activities, or geographic areas. Where groups of permittees are involved, such as for categories of activities or geographic areas, the informal discussions provided in paragraph (b) of this section may be waived and any written notification may be made through the general public notice procedures of this regulation. If a regional permit is revoked, any permittee may then apply for an individual permit which shall be processed in accordance with these regulations."], ["33:33:3.0.1.1.19.0.1.8", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.8 Authority to issue or deny permits.", "USACE", "", "", "", "(a)  General.  Except as otherwise provided in this regulation, the Secretary of the Army, subject to such conditions as he or his authorized representative may from time to time impose, has authorized the Chief of Engineers and his authorized representatives to issue or deny permits for dams or dikes in intrastate waters of the United States pursuant to section 9 of the Rivers and Harbors Act of 1899; for construction or other work in or affecting navigable waters of the United States pursuant to section 10 of the Rivers and Harbors Act of 1899; for the discharge of dredged or fill material into waters of the United States pursuant to section 404 of the Clean Water Act; or for the transportation of dredged material for the purpose of disposing of it into ocean waters pursuant to section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended. The authority to issue or deny permits in interstate navigable waters of the United States pursuant to section 9 of the Rivers and Harbors Act of March 3, 1899 has not been delegated to the Chief of Engineers or his authorized representatives.\n\n(b)  District engineer's authority.  District engineers are authorized to issue or deny permits in accordance with these regulations pursuant to sections 9 and 10 of the Rivers and Harbors Act of 1899; section 404 of the Clean Water Act; and section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended, in all cases not required to be referred to higher authority (see below). It is essential to the legality of a permit that it contain the name of the district engineer as the issuing officer. However, the permit need not be signed by the district engineer in person but may be signed for and in behalf of him by whomever he designates. In cases where permits are denied for reasons other than navigation or failure to obtain required local, state, or other federal approvals or certifications, the Statement of Findings must conclusively justify a denial decision. District engineers are authorized to deny permits without issuing a public notice or taking other procedural steps where required local, state, or other federal permits for the proposed activity have been denied or where he determines that the activity will clearly interfere with navigation except in all cases required to be referred to higher authority (see below). District engineers are also authorized to add, modify, or delete special conditions in permits in accordance with \u00a7 325.4 of this part, except for those conditions which may have been imposed by higher authority, and to modify, suspend and revoke permits according to the procedures of \u00a7 325.7 of this part. District engineers will refer the following applications to the division engineer for resolution:\n\n(1) When a referral is required by a written agreement between the head of a Federal agency and the Secretary of the Army;\n\n(2) When the recommended decision is contrary to the written position of the Governor of the state in which the work would be performed;\n\n(3) When there is substantial doubt as to authority, law, regulations, or policies applicable to the proposed activity;\n\n(4) When higher authority requests the application be forwarded for decision; or\n\n(5) When the district engineer is precluded by law or procedures required by law from taking final action on the application (e.g. section 9 of the Rivers and Harbors Act of 1899, or territorial sea baseline changes).\n\n(c)  Division engineer's authority.  Division engineers will review and evaluate all permit applications referred by district engineers. Division engineers may authorize the issuance or denial of permits pursuant to section 10 of the Rivers and Harbors Act of 1899; section 404 of the Clean Water Act; and section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended; and the inclusion of conditions in accordance with \u00a7 325.4 of this part in all cases not required to be referred to the Chief of Engineers. Division engineers will refer the following applications to the Chief of Engineers for resolution:\n\n(1) When a referral is required by a written agreement between the head of a Federal agency and the Secretary of the Army;\n\n(2) When there is substantial doubt as to authority, law, regulations, or policies applicable to the proposed activity;\n\n(3) When higher authority requests the application be forwarded for decision; or\n\n(4) When the division engineer is precluded by law or procedures required by law from taking final action on the application."], ["33:33:3.0.1.1.19.0.1.9", 33, "Navigation and Navigable Waters", "II", "", "325", "PART 325\u2014PROCESSING OF DEPARTMENT OF THE ARMY PERMITS", "", "", "", "\u00a7 325.9 Authority to determine jurisdiction.", "USACE", "", "", "", "District engineers are authorized to determine the area defined by the terms \u201cnavigable waters of the United States\u201d and \u201cwaters of the United States\u201d except:\n\n(a) When a determination of navigability is made pursuant to 33 CFR 329.14 (division engineers have this authority); or\n\n(b) When EPA makes a section 404 jurisdiction determination under its authority."], ["49:49:5.1.1.1.3.1.1.1", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 325.1 Scope of the rules in this part.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 78 FR 58477, Sept. 24, 2013]", "(a) The rules in this part prescribe procedures for inspection, surveillance, and measurement of motor vehicles and motor vehicle equipment operated by motor carriers to determine whether those vehicles and that equipment conform to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202.\n\n(b) Except as provided in paragraph (c) of this section, the rules in this part apply to motor carriers engaged in interstate commerce. The rules apply at any time or under any condition of highway grade, load, acceleration or deceleration.\n\n(c) The rules in this part do not apply to\u2014\n\n(1) A motor vehicle that has a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds (4,536 kg.) or less;\n\n(2) A combination of motor vehicles that has a Gross Combination Weight Rating (GCWR) of 10,000 pounds (4,536 kg.) or less;\n\n(3) The sound generated by a warning device, such as a horn or siren, installed in a motor vehicle, unless such device is intentionally sounded in order to preclude an otherwise valid noise emission measurement;\n\n(4) An emergency motor vehicle, such as a fire engine, an ambulance, a police van, or a rescue van, when it is responding to an emergency call;\n\n(5) A snow plow in operation; or\n\n(6) The sound generated by auxiliary equipment which is normally operated only when the motor vehicle on which it is installed is stopped or is operating at a speed of 5 miles per hour (8 kph) or less, unless such device is intentionally operated at speeds greater than 5 mph (8 kph) in order to preclude an otherwise valid noise measurement. Examples of that type of auxiliary equipment include, but are not limited to, cranes, asphalt spreaders, ditch diggers, liquid or slurry pumps, auxiliary air compressors, welders, and trash compactors."], ["49:49:5.1.1.1.3.1.1.2", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 325.3 [Reserved]", "FHWA", "", "", "", ""], ["49:49:5.1.1.1.3.1.1.3", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 325.5 Definitions.", "FHWA", "", "", "", "(a)  Statutory definitions.  All terms defined in the Noise Control Act of 1972 (Pub. L. 92-574, 86 Stat. 1234) are used as they are defined in that Act.\n\n(b)  Definitions in standards.  All terms defined in \u00a7 202.10 of the Interstate Motor Carrier Noise Emission Standards, 40 CFR 202.10, are used as they are defined in that section.\n\n(c)  Additional definitions.  (1)  Hard test site  means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than \n 1/2  the distance between the microphone target point and the microphone location point.\n\n(2)  Soft test site  means any test site having the ground surface covered with grass, other ground cover, or similar absorptive material for \n 1/2  or more of the distance between the microphone target point and the microphone location point.\n\n(3)  Ground cover  means any of various low, dense-growing plants, such as ivy, myrtle, low weeds, or brush.\n\n(4)  Traffic railing  means any longitudinal highway traffic barrier system installed along the side or median of a highway. For the purpose of this part, a traffic railing must have at least 35 percent of its vertical height, from the ground surface to the top of the railing, open to free space in order to qualify as an acceptable object within a noise measurement test site. Further, for the purposes of this part, posts or other discrete supports shall be ignored when ascertaining open free space.\n\n(5)  Relatively flat  when used to describe a noise measurement site means a site which does not contain significant concave curvatures or slope reversals that may result in the focusing of sound waves toward the microphone location point."], ["49:49:5.1.1.1.3.1.1.4", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 325.7 Allowable noise levels.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989]", "Motor vehicle noise emissions, when measured according to the rules of this part, shall not exceed the values specified in Table 1.\n\nTable 1\u2014Maximum Permissible Sound Level Readings (Decibel (A)) \n 1 2\n\n1  The speeds shown refer to measurements taken at sites having speed limits as indicated. These speed limits do not necessarily have to be posted.\n\n2  This table is based on motor carrier noise emission requirements specified in 40 CFR 202.20 and 40 CFR 202.21."], ["49:49:5.1.1.1.3.1.1.5", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 325.9 Measurement tolerances.", "FHWA", "", "", "", "(a) Measurement tolerances will be allowed to take into account the effects of the following factors:\n\n(1) The consensus standard practice of reporting filed sound level measurements to the nearest whole decibel.\n\n(2) Variations resulting from commercial instrument tolerances.\n\n(3) Variations resulting from the topography of the noise measurement site.\n\n(4) Variations resulting from atmospheric conditions such as wind, ambient temperature, and atmospheric pressure.\n\n(5) Variations resulting from reflected sound from small objects allowed within the test site.\n\n(6) The interpretation of the effects of the above cited factors by enforcement personnel.\n\n(b) Measurement tolerances shall not exceed 2 decibels for a given measurement."], ["49:49:5.1.1.1.3.2.1.1", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "B", "Subpart B\u2014Administrative Provisions", "", "\u00a7 325.11 Issuance, amendment, and revocation of the rules in this part.", "FHWA", "", "", "", "The procedures specified in part 389 of this chapter for the issuance, amendment, or revocation of the Federal Motor Carrier Safety Regulations apply to rulemaking proceedings for the issuance, amendment, or revocation of the rules in this part."], ["49:49:5.1.1.1.3.2.1.2", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "B", "Subpart B\u2014Administrative Provisions", "", "\u00a7 325.13 Inspection and examination of motor vehicles.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10226, Mar. 10, 1976; 54 FR 50385, Dec. 6, 1989; 60 FR 38743, July 28, 1995; 66 FR 49869, Oct. 1, 2001; 78 FR 58477, Sept. 24, 2013; 88 FR 80179, Nov. 17, 2023]", "(a)  Authority.  Any special agent of the Federal Motor Carrier Safety Administration (designated in appendix B to part 390 of this chapter) is authorized to inspect, examine, and test a motor vehicle operated by a motor carrier in accordance with the procedures specified in this part for the purpose of ascertaining whether the motor vehicle and equipment installed on the motor vehicle conforms to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202.\n\n(b) A motor carrier, its officers, drivers, agents, and employees must, at any time, submit a motor vehicle used in its operations for inspection, examination, and testing for the purpose of ascertaining whether the motor vehicle and equipment installed on it conforms to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202.\n\n(c)  Prescribed inspection report.  Form MCS-141, Noise Level Compliance Check shall be used to record findings from motor vehicles selected for noise emission inspection by authorized employees.\n\n(d)  Motor carrier's disposition of form MCS-141.  (1) The driver of any motor vehicle receiving a Form MCS-141 shall deliver such MCS-141 to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility of the motor carrier, if such arrival occurs within twenty-four (24) hours. If the driver does not arrive at a terminal or facility of the motor carrier operating the vehicle within twenty-four (24) hours he/she shall immediately mail the Form MCS-141 to the motor carrier. For operating convenience, motor carriers may designate any shop, terminal, facility, or person to which it may instruct its drivers to deliver or forward Form MCS-141. It shall be the sole responsibility of the motor carrier that Form MCS-141 is returned to the Federal Motor Carrier Safety Administration, in accordance with the terms prescribed thereon and in paragraphs (d) (2) and (3) of this section. A driver, if himself/herself a motor carrier, shall return Form MCS-141 to the Federal Motor Carrier Safety Administration, in accordance with the terms prescribed thereon and in paragraphs (d) (2) and (3) of this section.\n\n(2) Motor carriers shall carefully examine Forms MCS-141. Appropriate corrective action shall be taken on vehicles found to be not in compliance with the requirements of this part.\n\n(3) Motor carriers must complete the \u201cMotor Carrier Certification of Action Taken\u201d on Form MCS-141 in accordance with the terms prescribed thereon. Motor carriers must return Forms MCS-141 to the Division Office at the address indicated on Form MCS-141 within fifteen (15) days following the date of the vehicle inspection."], ["49:49:5.1.1.1.3.3.1.1", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "C", "Subpart C\u2014Instrumentation", "", "\u00a7 325.21 Scope of the rules in this subpart.", "FHWA", "", "", "", "The rules in this subpart specify criteria for sound level measurement systems which are used to make the sound level measurements specified in subpart D and subpart E of this part."], ["49:49:5.1.1.1.3.3.1.2", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "C", "Subpart C\u2014Instrumentation", "", "\u00a7 325.23 Type of measurement systems which may be used.", "FHWA", "", "", "", "The sound level measurement system must meet or exceed the requirements of American National Standard Specification for Sound Level Meters (ANSI S1.4-1971), approved April 27, 1971, issued by the American National Standards Institute, \n 1 \n   throughout the applicable frequency range for either:\n\n1  Copies of the specification may be secured from the American National Standards Institute, 1430 Broadway, New York, New York, 10018.\n\n(a) A Type 1 sound level meter;\n\n(b) A Type 2 sound level meter; or\n\n(c) A Type S sound level meter which has\u2014\n\n(1) A weighing frequency response;\n\n(2) Fast dynamic characteristics of its indicating instrument; and\n\n(3) A relative response level tolerance consistent with those of either a Type 1 or Type 2 sound level meter, as specified in section 3.2 of ANSI S1.4-1971."], ["49:49:5.1.1.1.3.3.1.3", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "C", "Subpart C\u2014Instrumentation", "", "\u00a7 325.25 Calibration of measurement systems.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976]", "(a)(1) The sound level measurement system must be calibrated and appropriately adjusted at one or more frequencies in the range from 250 to 1,000 Hz at the beginning of each series of measurements and at intervals of 5-15 minutes thereafter, until it has been determined that the sound level measurement system has not significantly drifted from its calibrated level. Once this fact has been established, calibrations may be made at intervals once every hour. A significant drift shall be considered to have occurred if a 0.3 dB or more excursion is noted from the system's predetermined reference calibration level. In the case of systems using displays with whole decibel increments, the operator may visually judge when the 0.3 dB drift has been met or exceeded.\n\n(2) The sound level measurement system must be checked periodically by its manufacturer, a representative of its manufacturer, or a person of equivalent special competence to verify that its accuracy meets the manufacturer's design criteria.\n\n(b) An acoustical calibrator of the microphone coupler type designed for the sound level measurement system in use shall be used to calibrate the sound level measurement system in accordance with paragraph (a) of this section. The calibration must meet or exceed the accuracy requirements specified in section 5.4.1 of the American National Standard Institute Standard  Methods for Measurements of Sound Pressure Levels  (ANSI S1.13-1971) for field method measurements."], ["49:49:5.1.1.1.3.3.1.4", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "C", "Subpart C\u2014Instrumentation", "", "\u00a7 325.27 Use of a windscreen.", "FHWA", "", "", "", "A properly installed windscreen, of the type recommended by the manufacturer of the Sound Level Measurement System, shall be used during the time that noise emission measurements are being taken."], ["49:49:5.1.1.1.3.4.1.1", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "D", "Subpart D\u2014Measurement of Noise Emissions; Highway Operations", "", "\u00a7 325.31 Scope of the rules in this subpart.", "FHWA", "", "", "", "The rules in this subpart specify conditions and procedures for measurement of the sound level generated by a motor vehicle engaged in a highway operation for the purpose of ascertaining whether the motor vehicle conforms to the Standards for Highway Operations set forth in 40 CFR 202.20."], ["49:49:5.1.1.1.3.4.1.2", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "D", "Subpart D\u2014Measurement of Noise Emissions; Highway Operations", "", "\u00a7 325.33 Site characteristics; highway operations.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989]", "(a) Measurement shall be made at a test site which is adjacent to, and includes a portion of, a traveled lane of a public highway. A microphone target point shall be established on the centerline of the traveled lane of the highway, and a microphone location point shall be established on the ground surface not less than 31 feet (9.5 m) or more than 83 feet (25.3 m) from the microphone target point and on a line that is perpendicular to the centerline of the traveled lane of the highway and that passes through the microphone target point. In the case of a standard test site, the microphone location point is 50 feet (15.2 m) from the microphone target point. Within the test site is a triangular measurement area. A plan view diagram of a standard test site, having an open site within a 50-foot (15.2 m) radius of both the microphone target point and the microphone location point, is shown in Figure 1. Measurements may be made at a test site having smaller or greater dimensions in accordance with the rules in subpart F of this part.\n\n(b) The test site must be an open site, essentially free of large sound-reflecting objects. However, the following objects may be within the test site, including the triangular measurement area:\n\n(1) Small cylindrical objects such as fire hydrants or telephone or utility poles.\n\n(2) Rural mailboxes.\n\n(3) Traffic railings of any type of construction except solid concrete barriers (see \u00a7 325.5(c)(4)).\n\n(4) One or more curbs having a vertical height of 1 foot (.3 m) or less.\n\n(c) The following objects may be within the test site if they are outside of the triangular measurement area of the site:\n\n(1) Any vertical surface (such as billboard), regardless of size, having a lower edge more than 15 feet (4.6 m) higher than the surface of the traveled lane of the highway.\n\n(2) Any uniformly smooth sloping surface slanting away from the highway (such as a rise in grade alongside the highway) with a slope that is less than 45 degrees above the horizontal.\n\n(3) Any surface slanting away from the highway that is 45 degrees or more and not more than 90 degrees above the horizontal, if all points on the surface are more than 15 feet (4.6 m) above the surface of the traveled lane of the highway.\n\n(d) The surface of the ground within the measurement area must be relatively flat (see \u00a7 325.5(c)(5)). The site shall be a \u201csoft\u201d test site. However, if the site is determined to be \u201chard,\u201d the correction factor specified in \u00a7 325.75(a) of this part shall be applied to the measurement.\n\n(e) The traveled lane of the highway within the test site must be dry, paved with relatively smooth concrete or asphalt, and substantially free of\u2014\n\n(1) Holes or other defects which would cause a motor vehicle to emit irregular tire, body, or chassis impact noise; and\n\n(2) Loose material, such as gravel or sand.\n\n(f) The traveled lane of the highway on which the microphone target point is situated must not pass through a tunnel or underpass located within 200 feet (61 m) of that point."], ["49:49:5.1.1.1.3.4.1.3", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "D", "Subpart D\u2014Measurement of Noise Emissions; Highway Operations", "", "\u00a7 325.35 Ambient conditions; highway operations.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976; 41 FR 28267, July 9, 1976]", "(a)(1)  Sound.  The ambient A-weighted sound level at the microphone location point shall be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to the rules of \u00a7 325.23.\n\n(2) The measured ambient level must be 10 dB(A) or more below that level specified in \u00a7 325.7, Table 1, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of testing.\n\n(b)  Wind.  The wind velocity at the test shall be measured at the beginning of each series of noise measurements and at intervals of 5-15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at intervals of once every hour. Noise measurements may only be made if the measured wind velocity is 12 mph (19.3 kph) or less. Gust wind measurements of up to 20 mph (33.2 kph) are allowed.\n\n(c)  Precipitation.  Measurements are prohibited under any condition of precipitation, however, measurements may be made with snow on the ground. The ground surface within the measurement area must be free of standing water."], ["49:49:5.1.1.1.3.4.1.4", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "D", "Subpart D\u2014Measurement of Noise Emissions; Highway Operations", "", "\u00a7 325.37 Location and operation of sound level measurement system; highway operations.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976]", "(a) The microphone of a sound level measurement system that conforms to the rules in \u00a7 325.23 of this part shall be located at a height of not less than 2 feet (.6 m) nor more than 6 feet (1.8 M) above the plane of the roadway surface and not less than 3\n 1/2  feet (1.1 m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2 m).\n\n(b)(1) When the sound level measurement system is hand-held or is otherwise monitored by a person located near its microphone, the holder must orient himself/herself relative to the highway in a manner consistent with the recommendation of the manufacturer of the sound level measurement system.\n\n(2) In no case shall the holder or observer be closer than 2 feet (.6 m) from the system's microphone, nor shall he/she locate himself/herself between the microphone and the vehicle being measured.\n\n(c) The microphone of the sound level measurement system shall be oriented toward the traveled lane of the highway at the microphone target point at an angle that is consistent with the recommendation of the system's manufacturer. If the manufacturer of the system does not recommend an angle of orientation for its microphone, the microphone shall be oriented toward the highway at an angle of not less than 70 degrees and not more than perpendicular to the horizontal plane of the traveled lane of the highway at the microphone target point.\n\n(d) The sound level measurement system shall be set to the A-weighting network and \u201cfast\u201d meter response mode."], ["49:49:5.1.1.1.3.4.1.5", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "D", "Subpart D\u2014Measurement of Noise Emissions; Highway Operations", "", "\u00a7 325.39 Measurement procedure; highway operations.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976]", "(a) In accordance with the rules in this subpart, a measurement shall be made of the sound level generated by a motor vehicle operating through the measurement area on the traveled lane of the highway within the test site, regardless of the highway grade, load, acceleration or deceleration.\n\n(b) The sound level generated by the motor vehicle is the highest reading observed on the sound level measurement system as the vehicle passes through the measurement area, corrected, when appropriate, in accordance with the rules in subpart F of this part. (Table 1 in \u00a7 325.7 lists the range of maximum permissible sound level readings for various test conditions.) The sound level of the vehicle being measured must be observed to rise at least 6 dB(A) before the maximum sound level occurs and to fall at least 6 dB(A) after the maximum sound level occurs in order to be considered a valid sound level reading."], ["49:49:5.1.1.1.3.5.1.1", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "E", "Subpart E\u2014Measurement of Noise Emissions; Stationary Test", "", "\u00a7 325.51 Scope of the rules in this subpart.", "FHWA", "", "", "", "(a) The rules in this subpart specify conditions and procedures for measuring the sound level generated by a vehicle when the vehicle's engine is rapidly accelerated from idle to governed speed at wide open throttle with the vehicle stationary, its transmission in neutral, and its clutch engaged, for the purpose of ascertaining whether the motor vehicle conforms to the Standard for Operation Under Stationary Test, 40 CFR 202.21.\n\n(b) The rules in this subpart apply only to a motor vehicle that is equipped with an engine speed governor.\n\n(c) Tests conducted in accordance with the rules of this subpart may be made on either side of the vehicle."], ["49:49:5.1.1.1.3.5.1.2", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "E", "Subpart E\u2014Measurement of Noise Emissions; Stationary Test", "", "\u00a7 325.53 Site characteristics; stationary test.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976; 54 FR 50385, Dec. 6, 1989]", "(a)(1) The motor vehicle to be tested shall be parked on the test site. A microphone target point shall be established on the ground surface of the site on the centerline of the lane in which the motor vehicle is parked at a point that is within 3 feet (.9 m) of the longitudinal position of the vehicle's exhaust system outlet(s). A microphone location point shall be established on the ground surface not less than 31 feet (9.5 m) and not more than 83 feet (25.3 m) from the microphone target point. Within the test site is a triangular measurement area. A plan view diagram of a standard test site, having an open site within a 50-foot (15.2 m) radius of both the microphone target point and the microphone location point, is shown in Figure 2.\n\n(2) Measurements may be made at a test site having smaller or greater dimensions in accordance with the rules in subpart F of this part.\n\n(b) The test site must be an open site, essentially free of large sound-reflecting objects. However, the following objects may be within the test site, including the triangular measurement area:\n\n(1) Small cylindrical objects such as fire hydrants or telephone or utility poles.\n\n(2) Rural mailboxes.\n\n(3) Traffic railings of any type of construction except solid concrete barriers (see \u00a7 325.5(c)(4)).\n\n(4) One or more curbs having a height of 1 foot (.3 m) or less.\n\n(c) The following objects may be within the test site if they are outside of the triangular measurement area of the site:\n\n(1) Any vertical surface, regardless of size (such as a billboard), having a lower edge more than 15 feet (4.6 m) above the ground.\n\n(2) Any uniformly smooth surface slanting away from the vehicle with a slope that is less than 45 degrees above the horizontal.\n\n(3) Any surface slanting away from the vehicle that is 45 degrees or more and not more than 90 degrees above the horizontal, if all points on the surface are more than 15 feet (4.6 m) above the surface of the ground in the test site.\n\n(d) The surface of the ground within the measurement area must be relatively flat. (See \u00a7 325.5(c)(5)). The site shall be a \u201chard\u201d site. However, if the site is determined to be \u201csoft,\u201d the correction factor specified in \u00a7 325.75(b) of this part shall be applied to the measurement."], ["49:49:5.1.1.1.3.5.1.3", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "E", "Subpart E\u2014Measurement of Noise Emissions; Stationary Test", "", "\u00a7 325.55 Ambient conditions; stationary test.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 28267, July 9, 1976]", "(a)(1)  Sound.  The ambient A-weighted sound level at the microphone location point shall be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to the rules of \u00a7 325.23.\n\n(2) The measured ambient level must be 10 dB(A) or more below that level specified in \u00a7 325.7, Table 1, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of testing.\n\n(b)  Wind.  The wind velocity at the test site shall be measured at the beginning of each series of noise measurements and at intervals of 5-15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at intervals of once every hour. Noise measurements may only be made if the measured wind velocity is 12 mph (19.3 kph) or less. Gust wind measurements of up to 20 mph (33.2 kph) are allowed.\n\n(c)  Precipitation.  Measurements are prohibited under any conditions of precipitation, however, measurements may be made with snow on the ground. The ground within the measurement area must be free of standing water."], ["49:49:5.1.1.1.3.5.1.4", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "E", "Subpart E\u2014Measurement of Noise Emissions; Stationary Test", "", "\u00a7 325.57 Location and operation of sound level measurement systems; stationary test.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976]", "(a) The microphone of a sound level measurement system that conforms to the rules in \u00a7 325.23 shall be located at a height of not less than 2 feet (.6 m) nor more than 6 feet (1.8 m) above the plane of the roadway surface and not less than 3\n 1/2  feet (1.1 m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2 m).\n\n(b) When the sound level measurement system is hand-held or otherwise monitored by a person located near its microphone, the holder must orient himself/herself relative to the highway in a manner consistent with the recommendation of the manufacturer of the sound level measurement system. In no case shall the holder or observer be closer than 2 feet (.6 m) from the system's microphone, nor shall he/she locate himself/herself between the microphone and the vehicle being measured.\n\n(c) The microphone of the sound level measurement system shall be oriented toward the vehicle at an angle that is consistent with the recommendation of the system's manufacturer. If the manufacturer of the system does not recommend an angle of orientation for its microphone, the microphone shall be oriented at an angle of not less than 70 degrees and not more than perpendicular to the horizontal plane of the test site at the microphone target point.\n\n(d) The sound level measurement system shall be set to the A-weighting network and \u201cfast\u201d meter response mode."], ["49:49:5.1.1.1.3.5.1.5", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "E", "Subpart E\u2014Measurement of Noise Emissions; Stationary Test", "", "\u00a7 325.59 Measurement procedure; stationary test.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10226, Mar. 10, 1976]", "In accordance with the rules in this subpart, a measurement shall be made of the sound level generated by a stationary motor vehicle as follows:\n\n(a) Park the motor vehicle on the test site as specified in \u00a7 325.53 of this subpart. If the motor vehicle is a combination (articulated) vehicle, park the combination so that the longitudinal centerlines of the towing vehicle and the towed vehicle or vehicles are in substantial alinement.\n\n(b) Turn off all auxiliary equipment which is installed on the motor vehicle and which is designed to operate under normal conditions only when the vehicle is operating at a speed of 5 mph (8 kph) or less. Examples of such equipment include cranes, asphalt spreaders, liquid or slurry pumps, auxiliary air compressors, welders, and trash compactors.\n\n(c) If the motor vehicle's engine radiator fan drive is equipped with a clutch or similar device that automatically either reduces the rotational speed of the fan or completely disengages the fan from its power source in response to reduced engine cooling loads, park the vehicle before testing with its engine running at high idle or any other speed the operator may choose, for sufficient time but not more than 10 minutes, to permit the engine radiator fan to automatically disengage when the vehicle's noise emissions are measured under stationary test.\n\n(d) With the motor vehicle's transmission in neutral and its clutch engaged, rapidly accelerate the vehicle's engine from idle to its maximum governed speed with wide open throttle. Return the engine's speed to idle.\n\n(e) Observe the maximum reading on the sound level measurement system during the time the procedures specified in paragraph (d) of this section are followed. Record that reading, if the reading has not been influenced by extraneous noise sources such as motor vehicles operating on adjacent roadways.\n\n(f) Repeat the procedures specified in paragraphs (d) and (e) of this section until the first two maximum sound level readings that are within 2 dB(A) of each other are recorded. Numerically average those two maximum sound level readings. When appropriate, correct the average figure in accordance with the rules in subpart F of this part.\n\n(g) The average figure, corrected as appropriate, contained in accordance with paragraph (f) of this section, is the sound level generated by the motor vehicle for the purpose of determining whether it conforms to the Standard for Operation Under Stationary Test, 40 CFR 202.21. (Table 1 in \u00a7 325.7 lists the range of maximum permissible sound level readings for various test conditions.)"], ["49:49:5.1.1.1.3.6.1.1", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "F", "Subpart F\u2014Correction Factors", "", "\u00a7 325.71 Scope of the rules in this subpart.", "FHWA", "", "", "", "(a) The rules in this subpart specify correction factors which are added to, or subtracted from, the reading of the sound level generated by a motor vehicle, as displayed on a sound level measurement system, during the measurement of the motor vehicle's sound level emissions at a test site which is not a standard site.\n\n(b) The purpose of adding or subtracting a correction factor is to equate the sound level reading actually generated by the motor vehicle to the sound level reading it would have generated if the measurement had been made at a standard test site."], ["49:49:5.1.1.1.3.6.1.2", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "F", "Subpart F\u2014Correction Factors", "", "\u00a7 325.73 Microphone distance correction factors.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989]", "1  Table 1, in \u00a7 325.7 is a tabulation of the maximum allowable sound level readings taking into account both the distance correction factors contained in \u00a7 325.73 and the ground surface correction factors contained in \u00a7 325.75.\n\nIf the distance between the microphone location point and the microphone target point is other than 50 feet (15.2 m), the maximum observed sound level reading generated by the motor vehicle in accordance with \u00a7 325.39 of this part or the numerical average of the recorded maximum observed sound level readings generated by the motor vehicle in accordance with \u00a7 325.59 of this part shall be corrected as specified in the following table:\n\nTable 2\u2014Distance Correction Factors"], ["49:49:5.1.1.1.3.6.1.3", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "F", "Subpart F\u2014Correction Factors", "", "\u00a7 325.75 Ground surface correction factors.", "FHWA", "", "", "", "1  Table 1, in \u00a7 325.7 is a tabulation of the maximum allowable sound level readings taking into account both the distance correction factors contained in \u00a7 325.73 and the ground surface correction factors contained in \u00a7 325.75.\n\n(a)  Highway operations.  When measurements are made in accordance with the rules in subpart D of this part upon a test site which is \u201chard,\u201d a correction factor of 2 dB(A) shall be subtracted from the maximum observed sound level reading generated by the motor vehicle to determine whether the motor vehicle conforms to the Standards for Highway Operations, 40 CFR 202.20.\n\n(b)  Stationary test.  When measurements are made in accordance with the rules in subpart E of this part upon a test site which is \u201csoft,\u201d a correction factor of 2 dB(A) shall be added to the numerical average of the recorded maximum observed sound level readings generated by the motor vehicle to determine whether the motor vehicle conforms to the Standard for Operation Under Stationary Test, 40 CFR 202.21."], ["49:49:5.1.1.1.3.6.1.4", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "F", "Subpart F\u2014Correction Factors", "", "\u00a7 325.77 Computation of open site requirements\u2014nonstandard sites.", "FHWA", "", "", "", "(a) If the distance between the microphone location point and the microphone target point is other than 50 feet (15.2 m), the test site must be an open site within a radius from both points which is equal to the distance between the microphone location point and the microphone target point.\n\n(b) Plan view diagrams of nonstandard test sites are shown in Figures 3 and 4. Figure 3 illustrates a test site which is larger than a standard test site and is based upon a 60-foot (18.3 m) distance between the microphone location point and the microphone target point. (See \u00a7 325.79(b)(1) for an example of the application of the correction factor to a sound level reading obtained at such a site.) Figure 4 illustrates a test site which is smaller than a standard test site and is based upon a 35-foot (10.7 m) distance between the microphone location point and the microphone target point. (See \u00a7 325.79(b)(2) for an example of the application of the correction factor to a sound level reading obtained at such a site.)"], ["49:49:5.1.1.1.3.6.1.5", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "F", "Subpart F\u2014Correction Factors", "", "\u00a7 325.79 Application of correction factors.", "FHWA", "", "", "", "(a) If two correction factors apply to a measurement they are applied cumulatively.\n\n(b) The following examples illustrate the application of correction factors to sound level measurement readings:\n\n(1)  Example 1\u2014Highway operations.  Assume that a motor vehicle generates a maximum observed sound level reading of 86 dB(A) during a measurement in accordance with the rules in subpart D of this part. Assume also that the distance between the microphone location point and the microphone target point is 60 feet (18.3 m) and that the measurement area of the test site is acoustically \u201chard.\u201d The corrected sound level generated by the motor vehicle would be 85 dB(A), calculated as follows:\n\n86 dB(A) Uncorrected reading\n \n  + 1 dB(A) Distance correction factor\n \n \u22122 dB(A) Ground surface correction factor\n \n __________\n \n  85 dB(A) Corrected reading\n\n86 dB(A) Uncorrected reading\n\n+ 1 dB(A) Distance correction factor\n\n\u22122 dB(A) Ground surface correction factor\n\n__________\n\n85 dB(A) Corrected reading\n\n(2)  Example 2\u2014Stationary test.  Assume that a motor vehicle generates maximum sound level readings which average 88 dB(A) during a measurement in accordance with the rules in subpart E of this part. Assume also that the distance between the microphone location point and the microphone target point is 35 feet (10.7 m), and that the measurement area of the test site is acoustically \u201csoft.\u201d The corrected sound level generated by the motor vehicle would be 87 dB(A), calculated as follows:\n\n88 dB(A) Uncorrected average of readings\n \n \u22123 dB(A) Distance correction factor\n \n  + 2 dB(A) Ground surface correction factor\n \n __________\n \n  87 dB(A) Corrected reading\n\n88 dB(A) Uncorrected average of readings\n\n\u22123 dB(A) Distance correction factor\n\n+ 2 dB(A) Ground surface correction factor\n\n__________\n\n87 dB(A) Corrected reading"], ["49:49:5.1.1.1.3.7.1.1", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "G", "Subpart G\u2014Exhaust Systems and Tires", "", "\u00a7 325.91 Exhaust systems.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 75 FR 57193, Sept. 20, 2010]", "A motor vehicle does not conform to the visual exhaust system inspection requirements, 40 CFR 202.22, of the Interstate Motor Carrier Noise Emission Standards, if inspection of the exhaust system of the motor vehicle discloses that the system\u2014\n\n(a) Has a defect which adversely affects sound reduction, such as exhaust gas leaks or alteration or deterioration of muffler elements, (small traces of soot on flexible exhaust pipe sections shall not constitute a violation of this subpart);\n\n(b) Is not equipped with either a muffler or other noise dissipative device; or\n\n(c) Is equipped with a cut-out, by-pass, or similar device, unless such device is designed as an exhaust gas driven cargo unloading system."], ["49:49:5.1.1.1.3.7.1.2", 49, "Transportation", "III", "A", "325", "PART 325\u2014COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS", "G", "Subpart G\u2014Exhaust Systems and Tires", "", "\u00a7 325.93 Tires.", "FHWA", "", "", "[40 FR 42437, Sept. 12, 1975, as amended at 60 FR 38743, July 28, 1995; 66 FR 49869, Oct. 1, 2001]", "(a) Except as provided in paragraph (b) of this section, a motor vehicle does not conform to the visual tire inspection requirements, 40 CFR 202.23, of the Interstate Motor Carrier Noise Emissions Standards, if inspection of any tire on which the vehicle is operating discloses that the tire has a tread pattern composed primarily of cavities in the tread (excluding sipes and local chunking) which are not vented by grooves to the tire shoulder or circumferentially to each other around the tire.\n\n(b) Paragraph (a) of this section does not apply to a motor vehicle operated on a tire having a tread pattern of the type specified in that paragraph, if the motor carrier who operates the motor vehicle demonstrates to the satisfaction of the Administrator or his/her designee that either\u2014\n\n(1) The tire did not have that type of tread pattern when it was originally manufactured or newly remanufactured; or\n\n(2) The motor vehicle generates a maximum sound level reading of 90 dB(A) or less when measured at a standard test site for highway operations at a distance of 15.3 meters (50 feet) and under the following conditions:\n\n(i) The measurement must be made at a time and place and under conditions specified by the Administrator or his/her designee.\n\n(ii) The motor vehicle must be operated on the same tires that were installed on it when the inspection specified in paragraph (a) of this section occurred.\n\n(iii) The motor vehicle must be operated on a highway having a posted speed limit of more than 56.3 kph (35 mph).\n\n(iv) The sound level measurement must be made while the motor vehicle is operating at the posted speed limit."], ["9:9:2.0.2.1.24.0.7.1", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.1 Transactions in commerce prohibited without official inspection legend or certificate when required; exceptions; and vehicle sanitation requirements.", "FSIS", "", "", "[35 FR 15605, Oct. 3, 1970, as amended at 41 FR 23700, June 11, 1976; 47 FR 17274, Apr. 22, 1982; 56 FR 65180, Dec. 16, 1991; 90 FR 27226, June 26, 2025]", "(a) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any product which is capable of use as human food unless the product and its container, if any, bear the official inspection legend as required under parts 316 and 317 of this subchapter or such product is exempted from the requirement of inspection under part 303 of this subchapter.\n\n(b)(1) No carrier shall transport or receive for transportation in commerce (including transportation in the course of importation) and no person shall offer for transportation any carcass, part thereof, meat or meat food product until a certificate, if required for such transportation by this part, is made and furnished to the carrier in one of the forms prescribed in this part.\n\n(2) Product imported into the United States may be transported and offerred or received for transportation if such product is conveyed in railroad cars, trucks or other means of conveyance, prior to inspection, to an authorized place of inspection, as provided in \u00a7 327.6 of this part.\n\n(c) No person, engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, meat or meat food products capable of use as human food, or importing such articles, shall transport, offer for transportation, or receive for transportation in commerce or in any State designated under section 301(c) of the Act, any such meat or meat food product which is capable of use as human food and is not wrapped, packaged, or otherwise enclosed to prevent adulteration by airborne contaminants, unless the railroad car, truck, or other means of conveyance in which the product is contained or transported is completely enclosed with tight fitting doors or other covers for all openings. In all cases, the means of conveyance shall be reasonably free of foreign matter (such as dust, dirt, rust, or other articles or residues), and free of chemical residues, so that product placed therein will not become adulterated. Any cleaning compound, lye, soda solution, or other chemical used in cleaning the means of conveyance must be thoroughly removed from the means of conveyance prior to its use. Such means of conveyance onto which product is loaded, being loaded, or intended to be loaded, shall be subject to inspection by an inspector at any official establishment. The decision whether or not to inspect a means of conveyance in a specific case, and the type and extent of such inspection shall be at the Program's discretion and shall be adequate to determine if product in such conveyance is, or when moved could become, adulterated. Circumstances of transport that can be reasonably anticipated shall be considered in making said determination. These include, but are not limited to, weather conditions, duration and distance of trip, nature of product covering, and effect of restowage at stops en route. Any means of conveyance found upon such inspection to be in such condition that product placed therein could become adulterated shall not be used until such condition which could cause adulteration is corrected. Product placed in any means of conveyance that is found by the inspector to be in such condition that the product may have become adulterated shall be removed from the means of conveyance and handled in accordance with \u00a7 318.2(d) of this subchapter."], ["9:9:2.0.2.1.24.0.7.10", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.10 Handling of products which may have become adulterated or misbranded; authorization and other requirements.", "FSIS", "", "", "[35 FR 15605, Oct. 3, 1970, as amended at 47 FR 17274, Apr. 22, 1982]", "(a) When it is claimed that any inspected and passed product, marked with an inspection legend, has become adulterated or misbranded after it has been transported from an official establishment, such product may be transported in commerce to an official establishment after oral permission is obtained from the area supervisor of the area in which that offical establishment is located. The transportation of the product may be to the official establishment from which it had been transported or to another official establishment designated by the person desiring to handle the product. The transportation shall be authorized only for the purpose of officially determining if the product has become adulterated or misbranded and making the appropriate disposition. The area supervisor shall make a record of the authorization and such other information which will effectively identify the shipment and shall provide a copy of the record to the inspector at the establishment receiving the product. The shipper shall be furnished a copy of the authorization record upon request.\n\n(b) Upon the arrival of the shipment at the official establishment, a careful inspection shall be made of the product by a Program inspector, and if it is found that the article is not adulterated, the same may be received into the establishment; but if the article is found to be adulterated, it shall at once be stamped \u201cU.S. inspected and condemned\u201d and disposed of in accordance with part 314 of this subchapter, and if it is found to be misbranded, it shall be handled in accordance with \u00a7 318.2(d) of this subchapter:  Provided,  That when a product is found to be affected with one of the correctable conditions specified in \u00a7 318.2(d) of this subchapter, in respect to which rehandling is permitted, it may be transported from the official establishment to another official establishment for such rehandling as is necessary to assure that the product is not adulterated or misbranded when finally released. The transportation of such a product from an official establishment shall be done in a manner prescribed in each specific case by the Administrator."], ["9:9:2.0.2.1.24.0.7.11", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.11 Inedible articles: denaturing and other means of identification; exceptions.", "FSIS", "", "", "[47 FR 17274, Apr. 22, 1982, as amended at 49 FR 47478, Dec. 5, 1984; 90 FR 27226, June 26, 2025]", "(a) Except as provided in \u00a7 325.8 and \u00a7 325.10, no carcass, part of a carcass, rendered grease, tallow, or other fat derived from the carcasses of livestock, or other meat food product, that has not been inspected and passed at an official establishment under the provisions of this subchapter and is not exempted from such inspection, and no carcass, part of a carcass, fat or other meat food product that is adulterated or misbranded, shall be offered for transportation in commerce by any person unless it is handled in accordance with paragraph (b), (c), (d), or (e) of this section or is denatured or otherwise identified as prescribed in \u00a7 325.13, \u00a7 314.1, \u00a7 314.3, \u00a7 314.9, \u00a7 314.10, or \u00a7 314.11 of this subchapter.\n\n(b) Inedible rendered animal fats from official or other establishments in the United States having the physical characteristics of a meat food product fit for human food may be transported in commerce without denaturing, if the following conditions are met:\n\n(1) Such inedible rendered fat shall not be bought, sold, transported, or offered for sale or offered for transportation in commerce, or imported, except by rendering companies, dealers, brokers, or others who obtain a numbered permit for such activities from the Regional Director.\n\n(2) Such inedible rendered animal fat may be so distributed only if consigned to a domestic manufacturer of technical articles other than for human food or to an export terminal for exportation or storage for exportation as an inedible article, and provided, in the case of such fat consigned to a domestic manufacturer, the product is for use solely by the consignee for manufacturing purposes of nonhuman food articles and may not be further sold or shipped without first receiving approval of the Regional Director:  And provided further,  That such fat intended for export and stored at a terminal point prior to export will be subject to review by Program employees to assure that it is exported as inedible.\n\n(3) When transported in commerce, or imported, such inedible rendered fat shall be marked conspicuously with the words \u201ctechnical animal fat not intended for human food\u201d on the ends of the shipping containers, in letters not less than 2 inches high; in the case of shipping containers such as drums, tierces, barrels, and half barrels, and not less than 4 inches high in the case of tank cars and trucks. All shipping containers shall have both ends painted with a durable paint, if necessary, to provide a contrasting background for the required marking.\n\n(4) Such inedible rendered fat shall be transported only in sealed shipping containers bearing unofficial seals applied by the shipper, which shall include the identification number assigned by said Director for the permit holder. The number shall appear on the bill of lading or other transportation documents for the shipment. The consignees in the United States must retain the seals in their records as prescribed in part 320 of this subchapter.\n\n(5) Any diversion or effort to divert inedible rendered fat contrary to the provisions of this paragraph (b) or other violation of the provisions of this section may result in the revocation of the permit for shipment of technical animal fat at the discretion of the Administrator.\n\n(c) Inedible rendered animal fat derived from condemned or other inedible materials at official or other establishments in the United States may be transported in commerce if mixed with low grade offal or other materials which render the fat readily distinguishable from an article of human food, and if the outside container bears the word \u201cinedible.\u201d\n\n(d)(1) Except as provided in paragraphs (d)(2), (3), and (4) of this section, or in \u00a7\u00a7 314.10 and 314.11 of this subchapter, no animal food prepared, in whole or in part, from materials derived from the carcasses of livestock in an official establishment or elsewhere, shall be bought, sold, transported, offered for sale or transportation, or received for transportation, in commerce, or imported, unless:\n\n(i) It is properly identified as animal food;\n\n(ii) It is not represented as being a human food; and\n\n(iii) It has been denatured as prescribed in \u00a7 325.13(a)(2) so as to be readily distinguishable from an article of human food.\n\n(2) Notwithstanding the provisions of paragraph (d)(1) of this section, an animal food that consists of less than 5 percent of parts or products of the carcasses of livestock and that is not represented by labeling or appearance or otherwise as being a human food or as a product of the meat food industry need not be denatured in accordance with \u00a7 325.13(a)(2).\n\n(3) Notwithstanding the provisions of paragraph (d)(1) of this section, animal food packed in hermetically sealed, retort processed, conventional retail-size containers, and retail-size packages of semi-moist animal food need not be denatured in accordance with \u00a7 325.13(a)(2) if the name of the article clearly conveys the article's intended use for animal food and appeared on the label in a conspicuous manner.\n\n(i) Except as provided in paragraph (ii) of paragraph (d)(3), the name of the article must be stated on the label as \u201cAnimal Food,\u201d \u201cPet Food,\u201d or \u201c(name of species) Food\u201d (e.g., \u201cDog Food\u201d or \u201cCat Food\u201d). To be considered conspicuous, the name of the article, wherever it appears on the label, must be in letters at least twice as high, wide, and thick as the letters indicating the presence in the article of any ingredients derived from the carcasses of livestock.\n\n(ii) Notwithstanding the provisons of paragraph (i) of this paragraph (d)(3), the article's name may be stated on the label to show that it is or contains livestock-source material and that the article is for animals; e.g., \u201cHorsemeat for Pets\u201d or \u201cBeef Stew for Dogs\u201d:  Provided,  That the entire name of the article is stated, wherever it appears on the label, as an individual, contiguous unit, whether stated on a single line or more than one line, and the letters denoting the article's intended use for animal food are at least as high, wide, and thick as the letters indicating the presence of material derived from any livestock carcass. However, when the label bears on its principal display panel a vignette which pictures, in clearly recognizable form and size, one or more animals of the species for which the article's name indicates the article is intended, the letters used to state the article's intended use shall be at least one-half as high, wide, and thick as the letters used in the article's name or other letters indicating the presence of material derived from any livestock carcass, but shall not be less than \n 1/8  inches high. The letters used to state the article's intended use may be separated from the article's name by the vignette.\n\n(iii) Letters used to denote the intended use of the article must contrast as markedly with their background as the letters indicating the presence in the article of livestock carcass-source material contrast with their background.\n\n(4) The requirements of this part do not apply to livestock or poultry feeds manufactured from processed livestock byproducts (such as meat meal tankage, meat and bone meal, blood meal, and feed grade animal fat), or to processed dry animal food.\n\n(e) Except for inedible rendered animal fats and lungs or lung lobes, inedible products (including condemned products only if condemned for causes specified in \u00a7 314.11 of this subchapter) which were prepared at any official establishment, or at any State inspected establishment in any State not designated under section 301(c) of the Act, and which have the physical characteristics of a product fit for human food, may be transported from an official establishment or in commerce, without denaturing as required by this subchapter, if the following conditions are met:\n\n(1) The shipper must have obtained a numbered permit for such activity from the appropriate Regional Director, as identified in \u00a7 301.2 of this subchapter. Such permit may be obtained upon written application to the appropriate Regional Director and his determination that the proposed transportation would be authorized under this paragraph (e). The application shall state the name and address of the applicant, a description of the type of his business operations, and the purpose of making such application.\n\n(2) Such inedible products may be transported under this paragraph (e) only if consigned to a manufacturer in the United States of articles other than for human food and if the product is for use solely by the consignee for manufacturing articles not for human food. Such products may not be transported in commerce to any consignee other than the one to which they were originally shipped unless prior notice of the diversion is given to the appropriate Regional Director and a record identifying the new consignee is maintained by the shipper as required by \u00a7 320.1 of this subchapter.\n\n(3) When transported from an official establishment or in commerce under this paragraph (e), the outside container of such inedible products shall be marked conspicuously with the words \u201cInedible\u2014Not Intended for Human Food\u201d in letters not less than 2 inches high, in the case of containers, such as cartons, drums, tierces, barrels, and half barrels, and not less than 4 inches high in the case of tank cars and trucks used to transport such products not in other containers.\n\n(4) Such inedible products shall be transported from an official establishment or in commerce under this paragraph (e) only in railroad cars, trucks, or containers which bear unofficial seals applied by the shipper, which shall include the identification number assigned to the permit holder and an individual seal serial number assigned by the shipper; and the product so transported shall be accompanied by an invoice or bill of lading specifying the permit holder's identification number. The consignee in the United States must retain a record of the identification and serial numbers shown on the seals in his records as prescribed in part 320 of this subchapter.\n\n(5) Any diversion, or effort to divert, undenatured, inedible product contrary to the provisions of this paragraph (e) or other violation of the provisions of this section may result in the revocation of the permit for shipment of inedible products under this paragraph (e), at the discretion of the Administrator."], ["9:9:2.0.2.1.24.0.7.12", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.12 [Reserved]", "FSIS", "", "", "", ""], ["9:9:2.0.2.1.24.0.7.13", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.13 Denaturing procedures.", "FSIS", "", "", "[35 FR 15605, Oct. 3, 1970, as amended at 41 FR 22930, June 8, 1976; 44 FR 67626, Nov. 27, 1979]", "(a) Carcasses, parts thereof, meat and meat food products (other than rendered animal fats) that have been treated in accordance with the provisions of this paragraph shall be considered denatured for the purposes of the regulations in this part, except as otherwise provided in part 314 of this subchapter for articles condemned at official establishments.\n\n(1) The following agents are prescribed for denaturing carcasses, parts thereof, meat or meat food products which are affected with any condition that would result in their condemnation and disposal under part 314 of this subchapter if they were at an official establishment: Crude carbolic acid; cresylic disinfectant; a formula consisting of 1 part FD&C green No. 3 coloring, 40 parts water, 40 parts liquid detergent, and 40 parts oil of citronella, or other proprietary substance approved by the Administrator in specific cases. \n 3\n\n3  Information as to approval of any proprietary denaturing substance may be obtained from the Technical Services, Meat and Poultry Inspection, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.\n\n(2) Except as provided in paragraphs (a)(3), (4), and (5) of this section, the following agents are prescribed for denaturing other carcasses, parts thereof, meat and meat food products, for which denaturing is required by this part: FD&C green No. 3 coloring; FD&C blue No. 1 coloring; FD&C blue No. 2 coloring; finely powdered charcoal; or other proprietary substance approved by the Administrator in specific cases. \n 3\n\n(3) Tripe may be denatured by dipping it in a 6 percent solution of tannic acid for 1 minute followed by immersion in a water bath, then immersing it for 1 minute in a solution of 0.022 percent FD&C yellow No. 5 coloring;\n\n(4) Meat may be denatured by dipping it in a solution of 0.0625 percent tannic acid, followed by immersion in a water bath, then dipping it in a solution of 0.0625 percent ferric acid; and\n\n(5) When meat, meat byproducts, or meat food products are in ground form, 4 percent by weight of coarsely ground hard bone, which shall be in pieces no smaller than the opening size specified for No. 5 mesh in the standards issued by the U.S. Bureau of Standards or 6 percent by weight of coarsely ground hard bone, which shall be in pieces no smaller than the opening size specified for No. 8 mesh in said Standards, uniformly incorporated with the product may be used in lieu of the agents prescribed in paragraph (a)(2) of this section.\n\n(6) Before the denaturing agents are applied to articles in pieces more than 4 inches in diameter, the pieces shall be freely slashed or sectioned. (If the articles are in pieces not more than 4 inches in diameter, slashing or sectioning will not be necessary.) The application of any of the denaturing agents listed in paragraph (a)(1) or (2) of this section to the outer surface of molds or blocks of boneless meat, meat byproducts, or meat food products shall not be adequate. The denaturing agent must be mixed intimately with all of the material to be denatured, and must be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. A sufficient amount of the appropriate agent shall be used to give the material a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.\n\n(7) Carcasses (other than viscera), parts thereof, cuts of meat, and unground pieces of meat darkened by charcoal or other black dyes shall be deemed to be denatured pursuant to this section only if they contain at least that degree of darkness depicted by diagram 1 of the Meat Denaturing Guide (MP Form 91). \n 1\n\n1  Copies of MP Form 91 may be obtained, without charge, by writing to the Administrative Operations Branch, Food Safety and Inspection Service, U.S. Department of Agriculture, 123 East Grant Street, Minneapolis, Minnesota 55403. Diagrams 2 and 3 of the Meat Denaturing Guide are for comparison purposes only. The Meat Denaturing Guide has been approved for incorporation by reference by the Director, Office of the Federal Register, and is on file at the Federal Register library.\n\n(b) Inedible rendered animal fats shall be denatured by thoroughly mixing therein denaturing oil, No. 2 fuel oil, brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary, finely powdered charcoal, or any proprietary denaturing agent approved for the purpose by the Administrator in specific cases. The charcoal shall be used in no less quantity than 100 parts per million and shall be of such character that it will remain suspended indefinitely in the liquid fat. Sufficient of the chosen identifying agents shall be used to give the rendered fat so distinctive a color, odor, or taste that it cannot be confused with an article of human food."], ["9:9:2.0.2.1.24.0.7.14", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.14 Certificates, retention by carrier.", "FSIS", "", "", "", "All original certificates delivered to a carrier in accordance with this part shall be filed separate and apart from all its other papers and records or identified in such a manner as to be readily checked by Department employees. Every certificate required to be maintained under this part shall be retained for a period of 2 years after December 31 of the year in which the transaction has occurred."], ["9:9:2.0.2.1.24.0.7.15", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.15 Evidence of proper certification required on waybills; transfer bills, etc., for shipment by connecting carrier; forms of statement.", "FSIS", "", "", "[47 FR 17276, Apr. 22, 1982]", "(a) All waybills, transfer bills, running slips, conductor's cards, or other papers accompanying a shipment, in the course of importation or otherwise in commerce, of any product shall have embodied therein, stamped thereon, or attached thereto a signed statement which shall be evidence to connecting carriers that the proper shipper's certificate, as required by \u00a7 325.5, \u00a7 325.6, or \u00a7 325.7, is on file with the initial carrier. No connecting carrier shall receive for transportation or transport in the course of importation or otherwise in commerce any product unless the waybill, transfer bill, running slip, conductor's card, or other papers accompanying the same includes the signed statement in the following form:\n\n(Name of transportation company)\n \n U.S. inspected and passed, as evidenced by shipper's certificate on file with initial carrier.\n \n (signed)\n \n Agent\n\n(Name of transportation company)\n\nU.S. inspected and passed, as evidenced by shipper's certificate on file with initial carrier.\n\nAgent\n\n(b) Signatures of agents to statements required under this section shall be written in full."], ["9:9:2.0.2.1.24.0.7.16", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.16 Official seals; forms, use, and breaking.", "FSIS", "", "", "", "(a) The official seals required by this part shall be those prescribed in \u00a7 312.5(a) of this subchapter.\n\n(b) Except as provided in \u00a7 325.18(b), official seal affixed under this part shall be affixed or broken only by Program employees, and no person other than a Program employee shall affix, detach, break, change, or tamper with any such seal in any way whatever. Commission of any such acts contrary to this regulation is a criminal offense."], ["9:9:2.0.2.1.24.0.7.17", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.17 Loading or unloading products in sealed railroad cars, trucks, etc., en route prohibited; exception.", "FSIS", "", "", "", "Unloading any product from an officially sealed railroad car, truck, or other means of conveyance containing any unmarked product or loading any product or any other commodity in the means of conveyance while en route from one official establishment to another official establishment is not permitted, except that product transported under \u00a7 325.5 from one official establishment to another for further processing may be unloaded and stored in transit at any approved warehouse which is operated under the identification service provided under the regulations in part 350 of subchapter B of this chapter and which has railroad facilities or a receiving dock for unloading the product directly into such warehouse:  Provided,  That the product is stored in rooms which are of such size and type as will not result in adulteration or misbranding of the product:  And provided further,  That the product is transported to and from such warehouse, and under official seal as provided in \u00a7 325.5 and stored in such rooms at such warehouse."], ["9:9:2.0.2.1.24.0.7.18", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.18 Diverting of shipments, breaking of seals, and reloading by carrier in emergency; reporting to Regional Director.", "FSIS", "", "", "[35 FR 15605, Oct. 3, 1970, as amended at 42 FR 39087, Aug. 2, 1977]", "(a) Shipments of inspected and passed product that bear the inspection legend may be diverted from the original destination without a reinspection of the articles, provided the waybills, transfer bills, running slips, conductor's card, or other papers accompanying the shipments are marked, stamped, or have attached thereto signed statements in accordance with \u00a7 325.15.\n\n(b) In case of wreck or similar extraordinary emergency, the Department seals on a railroad car or other means of conveyance containing any inspected and passed product may be broken by the carrier, and if necessary, the articles may be reloaded into another means of conveyance, or the shipment may be diverted from the original destination, without another shipper's certificate; but in all such cases the carrier shall immediately report the facts by telephone or telegraph to the Regional Director in the area in which the emergency occurs. Such report shall include the following information:\n\n(1) Nature of the emergency.\n\n(2) Place where seals were broken.\n\n(3) Original points of shipment and destination.\n\n(4) Number and initial of the original car or truck.\n\n(5) Number and initials of the car or truck into which the articles are reloaded.\n\n(6) New destination of the shipment.\n\n(7) Kind and amount of articles."], ["9:9:2.0.2.1.24.0.7.19", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.19 Provisions inapplicable to specimens for laboratory examination, etc., or to naturally inedible articles.", "FSIS", "", "", "", "The provisions of this part do not apply:\n\n(a) To specimens of product sent to or by the Department of Agriculture or divisions thereof in Washington, DC, or elsewhere, for laboratory examination, exhibition purposes, or other official use;\n\n(b) To material released for educational, research and other nonfood purposes, as prescribed in \u00a7 314.9 of this subchapter;\n\n(c) To glands and organs for use in preparing pharmaceutical, organotherapeutic, or technical products and not used for human food, as described in \u00a7 318.1(g) of this subchapter;\n\n(d) To material or specimens of product for laboratory examination, research, or other nonhuman food purposes, when authorized by the Administrator, and under conditions prescribed by him in specific cases; and\n\n(e) To articles that are naturally inedible by humans, such as hoofs, horns, and hides in their natural state."], ["9:9:2.0.2.1.24.0.7.2", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.2 Parcel post and ferries deemed carriers.", "FSIS", "", "", "", "(a) For the purposes of this subchapter, the United States parcel post shall be deemed a carrier, and the provisions of this subchapter relating to transportation by carrier shall apply, so far as they may be applicable, to transportation by parcel post.\n\n(b) For the purposes of this subchapter, the operator of every ferry shall be deemed a carrier, and the provisions of this subchapter relating to transportation by carrier shall apply to transportation by ferry of any products loaded on a truck or other vehicle, or otherwise moved by such ferry."], ["9:9:2.0.2.1.24.0.7.20", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.20 Transportation and other transactions concerning dead, dying, disabled, or diseased livestock, and parts of carcasses of livestock that died otherwise than by slaughter.", "FSIS", "", "", "[35 FR 15605, Oct. 3, 1970, as amended at 42 FR 42309, Aug. 23, 1977]", "No person engaged in the business of buying, selling, or transporting in commerce, or importing any dead, dying, disabled or diseased animals or parts of the carcasses of any animals that died otherwise than by slaughter shall:\n\n(a) Buy, sell, transport, or offer for sale or transportation, in commerce, or import any dead livestock if its hide or skin has been removed;\n\n(b) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any dead, dying, disabled, or diseased livestock, or parts of the carcasses of any livestock that died otherwise than by slaughter, unless such livestock and parts are consigned and delivered, without avoidable delay, to establishments of animal food manufacturers, renderers, or collection stations that are registered as required by part 320 of this subchapter, or to official establishments that operate under Federal inspection, or to establishments that operate under a State or Territorial inspection system approved by the Secretary as one that imposes requirements at least equal to the Federal requirements for purposes of paragraph 301(c) of the Act; \n 4\n\n4  A list of such registrants, States, and amendments thereof, will be published in the  Federal Register,  and information concerning the registration status of particular animal food manufacturers, renderers, or collection stations, or the status of particular States or Territories may also be obtained from the Director, Administrative Management Staff, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.\n\n(c) Buy in commerce or import any dead, dying, disabled, or diseased livestock or parts of the carcasses of any livestock that died otherwise than by slaughter, unless he is an animal food manufacturer or renderer and is registered as required by part 320 of this subchapter, or is the operator of an establishment inspected as required by paragraph (b) of this section and such livestock or parts of carcasses are to be delivered to establishments eligible to receive them under paragraph (b) of this section;\n\n(d) Unload en route to any establishment eligible to receive them under paragraph (b) of this section, any dead, dying, disabled, or diseased livestock or parts of the carcasses of any livestock that died otherwise than by slaughter, which are transported in commerce or imported by any such person:  Provided,  That any such dead, dying, disabled, or diseased livestock, or parts of carcasses may be unloaded from a means of conveyance en route where necessary in case of a wreck or otherwise extraordinary emergency, and may be reloaded into another means of conveyance; but in all such cases, the carrier shall immediately report the facts by telegraph or telephone to the Compliance Staff, Meat and Poultry Inspection Field Operations, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.\n\n(e) Load into any means of conveyance containing any dead, dying, disabled, or diseased livestock, or parts of the carcasses of any livestock that died otherwise than by slaughter, while in the course of importation or other transportation in commerce any livestock or parts of carcasses not within the foregoing description or any other products or other commodities."], ["9:9:2.0.2.1.24.0.7.21", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.21 Means of conveyance in which dead, dying, disabled, or diseased livestock and parts of carcasses thereof shall be transported.", "FSIS", "", "", "", "All vehicles and other means of conveyance used by persons subject to \u00a7 325.20 for transporting in commerce or importing, any dead, dying, disabled, and diseased livestock or parts of carcasses of livestock that died otherwise than by slaughter shall be leak-proof and so constructed and equipped as to permit thorough cleaning and sanitizing. The means of conveyance so used in conveying such livestock, or parts thereof, shall be cleaned and disinfected prior to use in the transportation of any product intended for use as human food. The cleaning procedure shall include the complete removal from the means of conveyance of any fluid, parts, or product of such dead, dying, disabled, or diseased livestock and the thorough application of a disinfectant to the interior surfaces of the cargo space. Substances permitted for such use are:\n\n(a) \u201cLiquified phenol\u201d (U.S.P. strength 87 percent phenol) in the proportion of at least 6 fluid ounces to 1 gallon of water.\n\n(b) \u201cCresylic disinfectant\u201d in the proportion of not less than 4 fluid ounces to 1 gallon of water; and such other disinfectants as are approved by the Administrator in specific cases. The use of \u201ccresylic disinfectant\u201d is permitted subject to the conditions prescribed in \u00a7 71.10(b) of this title."], ["9:9:2.0.2.1.24.0.7.3", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.3 Product transported within the United States as part of export movement.", "FSIS", "", "", "", "When any shipment of any product is offered to any carrier for transportation within the United States as a part of an export movement, the same certificate shall be required as if the shipment were destined to a point within the United States."], ["9:9:2.0.2.1.24.0.7.4", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.4 [Reserved]", "FSIS", "", "", "", ""], ["9:9:2.0.2.1.24.0.7.5", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.5 Unmarked inspected product transported under official seal between official establishments for further processing; certificate.", "FSIS", "", "", "", "(a) Any product which has been inspected and passed may be transported from one official establishment to another for further processing without each article being marked with the official inspection legend, if it is so transported in a railroad car, motortruck, or other means of conveyance which is sealed by a Program employee with an official seal of the Department prescribed in \u00a7 312.5(a) of this subchapter. Unless 25 percent or more of the contents of each car or other means of conveyance consists of product not marked with the inspection legend, transportation will not be permitted under this paragraph.\n\n(b) When articles are offered for transportation under paragraph (a) of this section, the initial carrier shall require, and the shipper shall make in duplicate and deliver to the carrier, one copy of a certificate in the following form: \n 1\n\n1  For convenience in filing, it is requested that these certificates be made on paper 5\n 1/2  \u00d7 8 inches in size.\n\nDate ________________________, 19____\n \n Name of carrier \n \n Establishment number of consignor \n \n Point of shipment \n \n Establishment number of consignee \n \n Destination \n \n Car number and initials \n \n License number of other means of conveyance \n \n I hereby certify that the following described product has been U.S. inspected and passed by the U.S. Department of Agriculture; and that it is not marked \u201cU.S. inspected and passed,\u201d but has been placed in the means of conveyance specified above under the supervision of an employee of the Meat and Poultry Inspection Programs of said Department, and the means of conveyance has been sealed by him with official U.S. Government seals Nos. ____ and ____. \n \n Kind of product    Amount and weight\n \n \n \n \n \n \n \n (Signature of shipper) \n \n (Address of shipper)\n\nI hereby certify that the following described product has been U.S. inspected and passed by the U.S. Department of Agriculture; and that it is not marked \u201cU.S. inspected and passed,\u201d but has been placed in the means of conveyance specified above under the supervision of an employee of the Meat and Poultry Inspection Programs of said Department, and the means of conveyance has been sealed by him with official U.S. Government seals Nos. ____ and ____.\n\nWhen paunches are offered for transportation under this paragraph, the initial carrier shall require, and the shipper shall make in duplicate and deliver to the carrier, one copy of a certificate in duplicate in the form set out in \u00a7 325.5(b), appropriately modified. Certificates in this form or copies thereof need not be forwarded to any official or office of the Department, but the original of the certificate shall be retained by the carrier and a copy shall be retained by the shipper in accordance with part 320 of this subchapter. If the shipper is also the carrier, he shall nevertheless execute and retain the certificate in accordance with part 320 of this subchapter.\n\n(c) The signature of the shipper or his agent shall be written in full. This certificate may be stamped upon or incorporated in any form ordinarily used in the transportation of product. Certificates in this form or copies thereof need not be forwarded to any official or office of the Department. The original of the certificate required by this section shall be retained by the carrier and a copy shall be retained by the shipper in accordance with part 320 of this subchapter. If the shipper is also the carrier, he shall nevertheless execute and retain the certificate in accordance with part 320 of this subchapter."], ["9:9:2.0.2.1.24.0.7.6", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.6 Shipment of paunches between official establishments under official seal; certificate.", "FSIS", "", "", "", "Cattle and sheep paunches which have been made clean and from which the mucous membrane has not been removed may be transported from one official establishment to another official establishment for further processing, only under an official seal of the Department as prescribed in \u00a7 312.5(a) of this subchapter."], ["9:9:2.0.2.1.24.0.7.7", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.7 Shipment of products requiring special supervision between official establishments under official seal; certificate.", "FSIS", "", "", "[35 FR 15605, Oct. 3, 1970, as amended at 39 FR 20187, June 7, 1974; 83 FR 25307, May 31, 2018]", "(a) Products passed for cooking, and beef that is to be refrigerated to destroy cysticerci, may be shipped loose from one official establishment to any other official establishment, for further handling in accordance with part 318 of this subchapter, in railroad cars, trucks, or other means of conveyance sealed with the official seal of the Department as prescribed in \u00a7 325.16:  Provided,  That in the case of railroad cars, the receiving establishment has railroad facilities for unloading the products directly into the establishment.\n\n(b) When such restricted product is shipped from one official establishment to another official establishment in the same railroad car or other means of conveyance with other product, such restricted product shall be packed in individual closed containers as hereinafter provided. Containers shall be sealed by firmly applying a pressure sensitive tape around each container in two directions and stamping the intersection of the tape with the marking device described in \u00a7 312.2(a) of this subchapter for use on burlap, muslin, etc. (2\n 1/2 -inch rubber brand). Such tape must possess the adhesive property to actually remove a portion of the container surface when the tape is removed. Alternatively, an inelastic, nonmetallic strap which will retain a legible imprint of the marking device (2\n 1/2 -inch rubber brand) may be used. The imprint of the marking device shall be placed partially on the strap and partially on the container. Such restricted product shall be marked \u201cU.S. passed for cooking\u201d or \u201cpork product ____ \u00b0F. ____days refrigeration\u201d or \u201cbeef passed for refrigeration,\u201d as the case may be. In addition, a \u201cU.S. retained\u201d tag shall be securely affixed to each container of product passed for cooking and of beef passed for refrigeration. The means of conveyance shall not be sealed unless at least 25 percent of the other product in the vehicle is unmarked. For each consignment there shall be promptly issued and forwarded by the inspector to the inspector in charge at destination, a report on the form entitled \u201cNotice of Unmarked Meats Shipped in Sealed Cars,\u201d appropriately modified to show the character of the containers, and that the contents are restricted. A duplicate copy shall be retained in the program files.\n\n(c) When products are offered for transportation under this section, the initial carrier shall require and the shipper shall make in duplicate and deliver to the carrier one copy of a certificate in the form set out in \u00a7 325.5(b). Certificates in this form or copies thereof need not be forwarded to any official or office of the Department, but the original of the certificate shall be retained by the carrier and a copy shall be retained by the shipper in accordance with part 320 of this subchapter. If the shipper is also the carrier, he shall nevertheless execute and retain the certificate in accordance with part 320 of this subchapter."], ["9:9:2.0.2.1.24.0.7.8", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.8 Transportation and other transactions concerning certain undenatured lungs or lung lobes from official establishments or in commerce; provisions and restrictions.", "FSIS", "", "", "[43 FR 43445, Sept. 26, 1978]", "(a) Lungs or lung lobes, other than those condemned under \u00a7 310.16(b) of this subchapter, that are prepared at any official establishment, may be sold, transported, offered for sale or transportation, or received for transportation from the establishment, in commerce or otherwise, without denaturing as prescribed in \u00a7 314.1 or \u00a7 314.3 of this subchapter:  Provided:\n\n(1) The lungs or lung lobes are sold, transported, or offered for sale or transportation to, or received for transportation by: An animal food manufacturer for use in manufacturing animal food; a zoo, mink farm, or other establishment for use as animal food without further processing; a warehouse in the United States for storage and subsequent movement to such a manufacturer or establishment in the United States, or from one warehouse to another for the account of and subsequent movement to such a manufacturer or establishment, or for export, for nonhuman food purposes.\n\n(2) The boxes or other containers used for shipping the undenatured lungs or lung lobes are closed with nylon filament tape, metallic on nonmetallic straps, round wire, or other similar materials that securely effect closure of such containers, and the containers are permanently identified in at least 2-inch (5 cm) high lettering with the statement \u201c(Species) Lungs\u2014Not Intended for Human Food.\u201d In lieu of securely closing the immediate container with any of the above materials, a 1-inch (2.5 cm) wide bright orange band, imprinted around the length and width of the container may be used.\n\n(3) The name and place of business of the packer or distributor shall be shown on the immediate container of the product. In addition, the country of origin shall be shown on the immediate container of imported lungs or lung lobes.\n\n(b) Lungs or lung lobes, other than those condemned under a State law or regulation at least equal to \u00a7 310.16(b) of this subchapter, that are prepared at any State inspected establishment may be sold, transported, offered for sale, or transportation or received for transportation from that establishment, in commerce, without denaturing as prescribed under section 201 of the Act, provided the State law or regulations permit such disposition and provided there is compliance with the provisions of paragraph (a) of this section.\n\n(c) Foreign establishments shall be eligible to export lungs or lung lobes, other than those condemned for reasons set forth in \u00a7 310.16(b) of this subchapter, to the United States from such foreign country under this section, only if such establishments are certified and approved for export of products to the United States under part 327 of this subchapter, and such product complies with the applicable regulations for preventing the introduction into the United States of diseases (9 CFR 94), in addition to the requirements of paragraph (a) of this section.\n\n(d) All such lungs or lung lobes, if intended for animal food, are subject to the Federal Food, Drug, and Cosmetic Act."], ["9:9:2.0.2.1.24.0.7.9", 9, "Animals and Animal Products", "III", "A", "325", "PART 325\u2014TRANSPORTATION", "", "", "", "\u00a7 325.9 [Reserved]", "FSIS", "", "", "", ""]], "truncated": false, "filtered_table_rows_count": 94, "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, 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