{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 335 sorted by section_id", "rows": [["20:20:1.0.2.9.51.0.155.1", 20, "Employees' Benefits", "II", "C", "335", "PART 335\u2014SICKNESS BENEFITS", "", "", "", "\u00a7 335.1 General.", "SSA", "", "", "", "(a)  Statutory basis.  The Railroad Unemployment Insurance Act provides for the payment of sickness benefits to a qualified railroad employee for days of sickness within a period of continuing sickness. To establish basic eligibility for sickness benefits, a qualified employee must have at least four consecutive days of sickness with respect to each period of continuing sickness. The terms \u201cday of sickness\u201d and \u201cperiod of continuing sickness\u201d as used in this part, are defined in sections 1(k) and 2(a) of the Act, respectively, and paragraphs (b) and (c) of this section. As evidence of days of sickness based upon illness or injury or upon pregnancy, miscarriage or childbirth, section 1(k) requires an employee to file a statement of sickness. Other information that is required to identify an employee's days of sickness is obtained by means of an application for sickness benefits at the beginning of each period of continuing sickness and by means of a claim for sickness benefits which is filed for each registration period within a period of continuing sickness. The term \u201cregistration period\u201d, generally refers to a period of 14 consecutive days and is defined in paragraph (d) of this section.\n\n(b)  Day of sickness.  The term \u201cday of sickness\u201d means, in general, any calendar day, including days that would normally be rest days, on which an employee is not able to work because of any physical or mental illness or injury. With respect to a female employee, a \u201cday of sickness\u201d also includes any calendar day on which she is not able to work, or working would be injurious to her health, because of pregnancy, miscarriage or childbirth.\n\n(c)  Period of continuing sickness.  (1) The term \u201cperiod of continuing sickness\u201d refers to a period of time when an employee is not able to work on account of illness, injury, sickness or disease, including inability caused by pregnancy, miscarriage or childbirth. An employee has a period of continuing sickness under either of these circumstances:\n\n(i) He or she has any number of \u201cconsecutive\u201d days of sickness based on one or more infirmities; or\n\n(ii) He or she has any number of \u201csuccessive\u201d days of sickness based on a single infirmity and there is no interruption of more than 90 \u201cconsecutive\u201d days which are not days of sickness.\n\n(2) Days of sickness are \u201cconsecutive\u201d when they occur one after another continuously and without interruption by any day that is not a day of sickness. Days of sickness are \u201csuccessive\u201d when one or more days of sickness follow any day of sickness with an interval of one or more days that are not days of sickness.\n\n(3) A period of continuing sickness with respect to any employee begins with the first day of a number of consecutive days of sickness or with the first day of a number of successive days of sickness attributable to a single cause with no interval of more than 90 days that are not days of sickness. In the example given in paragraph (c)(2) of this section, October 1 begins a period of continuing sickness. The days October 16, 17, 18, 21, and 22 are in the period of continuing sickness beginning October 1, and benefits are payable for them, provided that the employee's inability to work on those five days is due to one or more of the same infirmities that caused the employee to be unable to work on the days from October 1 through October 11. Otherwise, October 16 begins another period of continuing sickness.\n\n(4) A period of continuing sickness ends when either of these circumstances occurs:\n\n(i) 91 consecutive days have elapsed none of which is a day of sickness resulting from the infirmity that was the basis for the preceding days of sickness; or\n\n(ii) One or more days that are not days of sickness have elapsed and a statement of sickness is filed with respect to a day of sickness based on an infirmity other than any infirmity causing inability on the preceding days of sickness. The end of a benefit year, generally the 12-month period beginning July 1 of any year and ending June 30 of the next year (see 45 U.S.C. 351(m)), does not end a period of continuing sickness. In the example in paragraph (c)(2) of this section, if the inability to work on October 16 was not due to an infirmity or infirmities that caused the inability to work on October 11, then a period of continuing sickness ends on October 11. A new application and statement of sickness would be required in order for the employee to be paid sickness benefits for days beginning October 16. See \u00a7 335.2 of this part.\n\n(5) A period of continuing sickness can be interrupted, provided that:\n\n(i) The interruption is for not more than 90 consecutive days; and\n\n(ii) The days of sickness after the interruption are due to one or more of the same causes as the days of sickness before the interruption. A period of continuing sickness can be interrupted any number of times so long as each interruption is not more than 90 days and the days of sickness are all due to the same cause. If a period of continuing sickness is caused by more than one infirmity, any one of the infirmities can be considered as the single continuing cause that will permit the interruption of the period of continuing sickness for not more than 90 days without ending it.\n\n(d)  Registration period.  The term \u201cregistration period\u201d means, with respect to any employee, the period which begins with the first day with respect to which a statement of sickness for a period of continuing sickness is filed in his or her behalf in accordance with this part, or the first such day after the end of a registration period which will have begun with a day with respect to which a statement of sickness for a period of continuing sickness was filed in his or her behalf, and ends with whichever is the earlier of:\n\n(1) The thirteenth day thereafter; or\n\n(2) The day immediately preceding the day with respect to which a statement of sickness for a new period of continuing sickness is filed in his or her behalf. However, each of the successive 14-day periods in an extended sickness benefit period shall constitute a registration period.\n\n(e)  Liability for infirmity.  When sickness benefits are paid to an employee on the basis of an infirmity for which he or she recovers a personal injury settlement or judgment, the Board shall receive reimbursement for the sickness benefits in accordance with part 341 of this chapter."], ["20:20:1.0.2.9.51.0.155.2", 20, "Employees' Benefits", "II", "C", "335", "PART 335\u2014SICKNESS BENEFITS", "", "", "", "\u00a7 335.2 Manner of claiming sickness benefits.", "SSA", "", "", "", "(a)  Forms required for claiming benefits.  To claim sickness benefits for a period of inability to work due to an illness or injury, or in the case of a female employee, pregnancy, miscarriage, or childbirth, an employee must file the following forms:\n\n(1) An application for sickness benefits at the beginning of each period of continuing sickness;\n\n(2) A statement of sickness to accompany the employee's application;\n\n(3) A claim for sickness benefits for each 14-day registration period during the employee's period of continuing sickness; and\n\n(4) A supplemental doctor's statement, if the adjudicating office requests additional proof of the employee's inability to work.\n\n(b)  Mailing or delivering the forms.  The forms required by paragraph (a) of this section may be mailed or delivered to any Board office. If the Board is satisfied that the employee is too sick or injured to execute the required forms, the Board may accept forms executed by someone in the employee's behalf. Instructions for completing and filing the forms are printed on the forms themselves."], ["20:20:1.0.2.9.51.0.155.3", 20, "Employees' Benefits", "II", "C", "335", "PART 335\u2014SICKNESS BENEFITS", "", "", "", "\u00a7 335.3 Execution of statement of sickness and supplemental doctor's statement.", "SSA", "", "", "[54 FR 43057, Oct. 20, 1989, as amended at 60 FR 40073, Aug. 7, 1995; 62 FR 44408, Aug. 21, 1997; 65 FR 66499, Nov. 6, 2000]", "(a)  Who may execute.  A statement of sickness and any required supplemental doctor's statement shall be executed by any of the following individuals:\n\n(1) A licensed medical doctor;\n\n(2) A licensed dentist if the infirmity relates to the teeth or gums;\n\n(3) A licensed podiatrist or chiropodist if the infirmity relates to the feet or toes;\n\n(4) A licensed chiropractor;\n\n(5) A clinical psychologist;\n\n(6) A certified nurse mid-wife;\n\n(7) The superintendent or other supervisory official of a hospital, clinic, or group health association, or similar organization, in which all examinations and treatment are conducted under the supervision of licensed medical doctors or under the supervision of licensed chiropractors, and in which medical records are maintained for each patient;\n\n(8) A physician assistant-certified (PAC);\n\n(9) An accredited Christian Science Practitioner;\n\n(10) A substance-abuse professional as defined in 49 CFR part 40.3, if the infirmity involves alcohol or controlled substances-related disorders; or\n\n(11) A nurse practitioner.\n\n(b)  Use of Board form or other form.  The statement of sickness and supplemental doctor's statement referred to in paragraph (a) of this section shall be completed on the forms prescribed by the Board, except that other standardized medical forms may be substituted if they provide the same information as that called for by the Board's forms."], ["20:20:1.0.2.9.51.0.155.4", 20, "Employees' Benefits", "II", "C", "335", "PART 335\u2014SICKNESS BENEFITS", "", "", "", "\u00a7 335.4 Filing statement of sickness and claim for sickness benefits.", "SSA", "", "", "[54 FR 43057, Oct. 20, 1989, as amended at 57 FR 807, Jan. 9, 1992; 60 FR 40073, Aug. 7, 1995]", "(a)  General requirement.  Except as provided in paragraph (e) of this section, statements of sickness and claims for sickness benefits must be filed within the time limits specified by this section. Failure to comply with the time restrictions on filing claims will result in a denial of benefits for days for which timely statements and claims are not filed, as such days would not be considered days of sickness.\n\n(b)  Statement of sickness.  An employee shall file a statement of sickness within ten calendar days of the first day that he or she wishes to claim as a day of sickness. For example, if an employee wishes to claim sickness benefits for days starting November 1, the statement of sickness should reach the Board no later than November 10. If the statement of sickness is received November 11, the employee cannot be paid sickness benefits for November 1. Such day would not be considered as a \u201cday of sickness\u201d, unless the form may be considered as timely filed under paragraph (d)(3), (4) or (5) of this section.\n\n(c)  Claim for sickness benefits.  An employee shall file a claim for sickness benefits within 30 days after the ending date shown on the claim form, or within 30 days after the date on which the Board mails the claim form to the employee, whichever date is later. Failure to comply with this provision shall bar the payment of sickness benefits with respect to any day included within the calendar period covered by the claim form.\n\n(d)  When form considered timely filed.  The Board will consider a statement of sickness or a claim for sickness benefits as timely filed if:\n\n(1) The statement or form was received in a Board office within the prescribed time; or\n\n(2) The statement or form was mailed to a Board office in accordance with instructions printed on the form and was received at such office; or\n\n(3) The employee made a reasonable effort to file the statement of sickness or claim form within the prescribed time but was prevented from doing so by circumstances beyond his or her control, and such statement or claim was received at a Board office within a reasonable time following the removal of the circumstances that prevented the employee from filing the form. The phrase \u201ccircumstances beyond his or her control\u201d shall not include an employee's forgetfulness or lack of knowledge of the sickness benefit program or the time limit for filing for sickness benefits or any other lack of diligence by the employee. For the purposes of this provision, if a statement of sickness is not received within the prescribed time but is received within 30 days of the first day that an employee intends to claim as a day of sickness, the Board will consider that the employee made a reasonable effort to file the statement within the prescribed time, unless it is clear on the basis of affirmative evidence that the delay was not the result of circumstances beyond the employee's control; or\n\n(4) The employee mistakenly registered for unemployment benefits when he or she should have applied for sickness benefits for the day or days claimed and the appropriate statement of sickness was then received at an office of the Board within a reasonable time after unemployment benefits were denied; or\n\n(5) Notwithstanding the foregoing, any claim that is not filed within two years of the day or days claimed shall not be considered as timely filed, and such day or days shall not be considered as days of sickness.\n\n(e)  Days for which no statement of sickness deemed filed.  A statement of sickness shall not be deemed to be filed with respect to any day in a benefit year in which the employee is not a qualified employee as defined in section 3 of the Railroad Unemployment Insurance Act or has exhausted his or her rights to sickness benefits under the Act. See part 336 of this chapter."], ["20:20:1.0.2.9.51.0.155.5", 20, "Employees' Benefits", "II", "C", "335", "PART 335\u2014SICKNESS BENEFITS", "", "", "", "\u00a7 335.5 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 Railroad Unemployment Insurance Act. Such form or forms shall be filed within the time prescribed in \u00a7 335.4 of this part. Under these circumstances, the word \u201cemployee\u201d as used in \u00a7 335.4(b) of this part and as used in \u00a7 335.4(d)(3) of this part shall include the individual or individuals by or in behalf of whom the form is filed. The order of distribution for benefits due but unpaid as of the date of an employee's death is the same as the order of distribution for annuities unpaid at death under the Railroad Retirement Act and may be found at \u00a7 234.31 of this title."], ["20:20:1.0.2.9.51.0.155.6", 20, "Employees' Benefits", "II", "C", "335", "PART 335\u2014SICKNESS BENEFITS", "", "", "", "\u00a7 335.6 Payment of sickness benefits.", "SSA", "", "", "[65 FR 19649, Apr. 12, 2000]", "(a)  General rule.  Except as provided in this section, benefits are payable to any qualified employee for each day of sickness after the fourth consecutive day of sickness in a period of continuing sickness, as defined in \u00a7 335.1(c), but excluding four days of sickness in any registration period in such period of continuing sickness.\n\n(b)  Waiting period.  Benefits are payable to any qualified employee for each day of sickness in excess of seven during his or her first registration period in a period of continuing sickness if such period of continuing sickness is his or her initial period of continuing sickness beginning in the benefit year. For this purpose, the first registration period in a period of continuing sickness is the registration period that first begins with four consecutive days of sickness and includes more than four days of sickness. For the purpose of computing benefits under this section, a period of continuing sickness ends on the last day of a benefit year in which the employee exhausts rights to sickness benefits as provided for under part 336 of this chapter.\n\n(c)  Computation of compensable days \u2014(1)  Example 1.  An employee has an initial period of continuing sickness from June 14 through July 25, and all days in that period are days of sickness. The employee's first registration period covers June 14 to June 27, and his or her subsequent registration period covers June 28 to July 11, and July 12 to July 25. In the one-week waiting period the employee is paid benefits for days of sickness in excess of seven. In each of the two ensuing registration periods the employee is paid benefits for days of sickness in excess of four.\n\n(2)  Example 2.  Same facts as in Example 1, but the employee later has a new period of continuing sickness based upon a different illness or impairment beginning September 17. The employee's first registration period in his or her new period of continuing sickness covers September 17 to September 30. The employee is paid benefits for days of sickness in excess of seven in that 14-day period because that period is his or her first registration period in a new period of continuing sickness 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 the benefit year.\n\n(3)  Example 3.  Same facts as in examples 1 and 2, but the employee then has a new period of continuing sickness beginning January 1 in the same benefit year. January 1 to January 14 is the employee's first registration period in that period of continuing sickness. The employee is paid benefits for days of sickness in excess of four in that registration period because earlier in the benefit year he or she had a registration period, September 17 to September 30, in which he or she satisfied the initial seven-day waiting period.\n\n(d)  Amount payable.  The gross amount of sickness benefits for any registration period in a period of continuing sickness shall be computed by multiplying the number of compensable days of sickness in such registration period by the employee's daily benefit rate, as computed under part 330 of this chapter."], ["21:21:5.0.1.1.15.1.1.1", 21, "Food and Drugs", "I", "D", "335", "PART 335\u2014ANTIDIARRHEAL DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE", "A", "Subpart A\u2014General Provisions", "", "\u00a7 335.1 Scope.", "FDA", "", "", "", "(a) An over-the-counter antidiarrheal drug product in a form suitable for oral administration is generally recognized as safe and effective and is not misbranded if it meets each condition in this part and each general condition established in \u00a7 330.1 of this chapter.\n\n(b) References in this part to regulatory sections of the Code of Federal Regulations are to chapter I of title 21 unless otherwise noted."], ["21:21:5.0.1.1.15.1.1.2", 21, "Food and Drugs", "I", "D", "335", "PART 335\u2014ANTIDIARRHEAL DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE", "A", "Subpart A\u2014General Provisions", "", "\u00a7 335.3 Definitions.", "FDA", "", "", "[68 FR 18881, Apr. 17, 2003, as amended at 69 FR 26302, May 12, 2004]", "As used in this part:\n\n(a)  Antidiarrheal.  A drug that can be shown by objective measurement to treat or control (stop) the symptoms of diarrhea.\n\n(b)  Diarrhea.  A condition characterized by increased frequency of loose, watery stools (three or more daily) during a limited period (24 to 48 hours), usually with no identifiable cause.\n\n(c)  Travelers' diarrhea.  A subset of diarrhea occurring in travelers that is most commonly caused by an infectious agent."], ["21:21:5.0.1.1.15.2.1.1", 21, "Food and Drugs", "I", "D", "335", "PART 335\u2014ANTIDIARRHEAL DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE", "B", "Subpart B\u2014Active Ingredients", "", "\u00a7 335.10 Antidiarrheal active ingredients.", "FDA", "", "", "", "The active ingredient of the product consists of any one of the following when used within the dosage limits established for each ingredient in \u00a7 335.50(d):\n\n(a) Bismuth subsalicylate.\n\n(b) Kaolin."], ["21:21:5.0.1.1.15.3.1.1", 21, "Food and Drugs", "I", "D", "335", "PART 335\u2014ANTIDIARRHEAL DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE", "C", "Subpart C\u2014Labeling", "", "\u00a7 335.50 Labeling of antidiarrheal drug products.", "FDA", "", "", "[68 FR 18881, Apr. 17, 2003, as amended at 69 FR 26302, May 12, 2004]", "(a)  Statement of identity.  The labeling of the product contains the established name of the drug, if any, and identifies the product either as an \u201cantidiarrheal\u201d or \u201cfor diarrhea.\u201d\n\n(b)  Indications.  The labeling of the product states, under the heading \u201cUse,\u201d one or more of the phrases listed in this paragraph (b), as appropriate. Other truthful and nonmisleading statements, describing only the indications for use that have been established and listed in this paragraph (b) may also be used, as provided in \u00a7 330.1(c)(2) of this chapter, subject to the provisions of section 502 of the Federal Food, Drug, and Cosmetic Act (the act) relating to misbranding and the prohibition in section 301(d) of the act against the introduction or delivery for introduction into interstate commerce of unapproved new drugs in violation of section 505(a) of the act.\n\n(1)  For products containing bismuth subsalicylate identified in \u00a7 335.10(a).  The labeling states [select one of the following: \u201ccontrols\u201d or \u201crelieves\u201d] [select one or both of the following: \u201cdiarrhea\u201d or \u201ctravelers' diarrhea\u201d]. If both \u201cdiarrhea\u201d and \u201ctravelers' diarrhea\u201d are selected, each shall be preceded by a bullet in accordance with \u00a7 201.66(b)(4) and (d)(4) of this chapter and the heading \u201cUses\u201d shall be used.\n\n(2)  For products containing kaolin identified in \u00a7 335.10(b).  The labeling states \u201chelps firm stool within 24 to 48 hours\u201d.\n\n(3)  Additional indications \u2014(i) When any additional indications are used, the heading \u201cUses\u201d shall be used and each listed use shall be preceded by a bullet in accord with \u00a7 201.66(b)(4) of this chapter.\n\n(ii) In addition to the indication in paragraph (b)(1) of this section, one or both of the following may be used for products containing bismuth subsalicylate in \u00a7 335.10(a): \u201c[bullet] reduces number of bowel movements\u201d \u201c[bullet] helps firm stool\u201d.\n\n(c)  Warnings.  The labeling of the product contains the following warnings under the heading \u201cWarnings\u201d:\n\n(1)  For products containing any ingredient identified in \u00a7 335.10.  (i) \u201cDo not use if you have [bullet] bloody or black stool\u201d.\n\n(ii) \u201cAsk a doctor before use if you have [bullet] fever [bullet] mucus in the stool\u201d.\n\n(2)  For products containing bismuth subsalicylate identified in \u00a7 335.10(a).  (i) The following shall appear in accordance with \u00a7 201.66(c)(5)(ii) of this chapter.\n\n(A) The Reye's syndrome warning in \u00a7 201.314(h) of this chapter.\n\n(B) \u201cAllergy alert: Contains salicylate. Do not take if you are [bullet] allergic to salicylates (including aspirin), [bullet] taking other salicylate products\u201d.\n\n(ii) \u201cDo not use if you have [bullet] an ulcer [bullet] a bleeding problem\u201d.\n\n(iii) \u201cAsk a doctor or pharmacist before use if you are taking any drug for [bullet] anticoagulation (thinning the blood) [bullet] diabetes [bullet] gout [bullet] arthritis\u201d.\n\n(iv) \u201cWhen using this product a temporary, but harmless, darkening of the stool and/or tongue may occur\u201d.\n\n(v) \u201cStop use and ask a doctor if [bullet] symptoms get worse [bullet] ringing in the ears or loss of hearing occurs [bullet] diarrhea lasts more than 2 days\u201d.\n\n(3)  For products containing kaolin identified in \u00a7 335.10(b).  (i) \u201cAsk a doctor or pharmacist before use if you are taking any other drugs. Try to use at least 3 hours before or after taking any other drugs.\u201d\n\n(ii) \u201cStop use and ask a doctor if [bullet] symptoms get worse [bullet] diarrhea lasts more than 2 days\u201d.\n\n(d)  Directions.  The labeling of the product contains the following information under the heading \u201cDirections\u201d:\n\n(1)  For products containing any ingredient identified in \u00a7 335.10.  The labeling states \u201c[bullet] drink plenty of clear fluids to help prevent dehydration caused by diarrhea\u201d.\n\n(2)  For products containing bismuth subsalicylate identified in \u00a7 335.10(a).  The labeling states \u201c[bullet] adults and children 12 years and over:\u201d 525 milligrams \u201cevery \n 1/2  to 1 hour, or\u201d 1,050 milligrams \u201cevery hour as needed [bullet] do not exceed\u201d 4,200 milligrams \u201cin 24 hours [bullet] use until diarrhea stops but not more than 2 days [bullet] children under 12 years: ask a doctor\u201d.\n\n(3)  For products containing kaolin identified in \u00a7 335.10(b).  The labeling states \u201c[bullet] adults and children 12 years and over:\u201d 26.2 grams \u201cafter each loose stool [bullet] continue to take every 6 hours until stool is firm but not more than 2 days [bullet] do not exceed\u201d [262 grams] \u201cin 24 hours [bullet] children under 12 years of age: ask a doctor\u201d.\n\n(e)  Products that meet the criteria established in \u00a7 201.66(d)(10) of this chapter.  The information described in \u00a7 201.66(c) of this chapter shall be printed in accordance with the following specifications.\n\n(1) The labeling shall meet the requirements of \u00a7 201.66(c) of this chapter except that the information in \u00a7 201.66(c)(3) of this chapter may be omitted, and the information in \u00a7 201.66(c)(5) and (c)(6) of this chapter may be presented as follows:\n\n(i) The words \u201cContains salicylate.\u201d may be omitted from the warning in \u00a7 335.50(c)(2)(i)(B).\n\n(ii) The subheading \u201cWhen using this product\u201d in \u00a7 335.50(c)(2)(iv) may be omitted.\n\n(iii) The words \u201ccontinue to\u201d may be omitted from the directions in \u00a7 335.50(d)(3).\n\n(2) The labeling shall be printed in accordance with the requirements of \u00a7 201.66(d) of this chapter except that any requirements related to \u00a7 201.66(c)(3) of this chapter and the bullet in the warning in \u00a7 335.50(c)(1)(i) may be omitted."], ["33:33:3.0.1.1.29.0.1.1", 33, "Navigation and Navigable Waters", "II", "", "335", "PART 335\u2014OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. OR OCEAN WATERS", "", "", "", "\u00a7 335.1 Purpose.", "USACE", "", "", "", "This regulation prescribes the practices and procedures to be followed by the Corps of Engineers to ensure compliance with the specific statutes governing Army Civil Works operations and maintenance projects involving the discharge of dredged or fill material into waters of the U.S. or the transportation of dredged material for the purpose of disposal into ocean waters. These practices and procedures should be employed throughout the decision/management process concerning methodologies and alternatives to be used to ensure prudent operation and maintenance activities."], ["33:33:3.0.1.1.29.0.1.2", 33, "Navigation and Navigable Waters", "II", "", "335", "PART 335\u2014OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. OR OCEAN WATERS", "", "", "", "\u00a7 335.2 Authority.", "USACE", "", "", "", "Under authority delegated from the Secretary of the Army and in accordance with section 404 of the Clean Water Act of 1977 (CWA) and section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, hereinafter referred to as the Ocean Dumping Act (ODA), the Corps of Engineers regulates the discharge of dredged or fill material into waters of the United States and the transportation of dredged material for the purpose of disposal into ocean waters. Section 404 of the CWA requires public notice with opportunity for public hearing for discharges of dredged or fill material into waters of the U.S. and that discharge sites can be specified through the application of guidelines developed by the Administrator of the Environmental Protection Agency (EPA) in conjunction with the Secretary of the Army. Section 103 of the ODA requires public notice with opportunity for public hearing for the transportation for disposal of dredged material for disposal in ocean waters. Ocean disposal of dredged material must be evaluated using the criteria developed by the Administrator of EPA in consultation with the Secretary of the Army. Section 103(e) of the ODA provides that the Secretary of the Army may, in lieu of permit procedures, issue regulations for Federal projects involving the transportation of dredged material for ocean disposal which require the application of the same criteria, procedures, and requirements which apply to the issuance of permits. Similarly, the Corps does not issue itself a CWA permit to authorize Corps discharges of dredged material or fill material into U.S. waters, but does apply the 404(b)(1) guidelines and other substantive requirements of the CWA and other environmental laws."], ["33:33:3.0.1.1.29.0.1.3", 33, "Navigation and Navigable Waters", "II", "", "335", "PART 335\u2014OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. OR OCEAN WATERS", "", "", "", "\u00a7 335.3 Applicability.", "USACE", "", "", "", "This regulation (33 CFR parts 335 through 338) is applicable to the Corps of Engineers when undertaking operation and maintenance activities at Army Civil Works projects."], ["33:33:3.0.1.1.29.0.1.4", 33, "Navigation and Navigable Waters", "II", "", "335", "PART 335\u2014OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. OR OCEAN WATERS", "", "", "", "\u00a7 335.4 Policy.", "USACE", "", "", "", "The Corps of Engineers undertakes operations and maintenance activities where appropriate and environmentally acceptable. All practicable and reasonable alternatives are fully considered on an equal basis. This includes the discharge of dredged or fill material into waters of the U.S. or ocean waters in the least costly manner, at the least costly and most practicable location, and consistent with engineering and environmental requirements."], ["33:33:3.0.1.1.29.0.1.5", 33, "Navigation and Navigable Waters", "II", "", "335", "PART 335\u2014OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. OR OCEAN WATERS", "", "", "", "\u00a7 335.5 Applicable laws.", "USACE", "", "", "", "(a) The Clean Water Act (33 U.S.C. 1251  et seq. ) (also known as the Federal Water Pollution Control Act Amendments of 1972, 1977, and 1987).\n\n(b) The Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401  et seq. ) (commonly referred to as the Ocean Dumping Act (ODA))."], ["33:33:3.0.1.1.29.0.1.6", 33, "Navigation and Navigable Waters", "II", "", "335", "PART 335\u2014OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. OR OCEAN WATERS", "", "", "", "\u00a7 335.6 Related laws and Executive Orders.", "USACE", "", "", "", "(a) The National Historic Preservation Act of 1966 (16 U.S.C. 470a  et seq. ), as amended.\n\n(b) The Reservoir Salvage Act of 1960 (16 U.S.C. 469), as amended.\n\n(c) The Endangered Species Act (16 U.S.C. 1531  et seq. ), as amended.\n\n(d) The Estuary Protection Act (16 U.S.C. 1221).\n\n(e) The Fish and Wildlife Coordination Act (16 U.S.C. 661  et seq. ), as amended.\n\n(f) The National Environmental Policy Act (42 U.S.C. 4341  et seq. ), as amended.\n\n(g) The Wild and Scenic Rivers Act (16 U.S.C. 1271  et seq. ) as amended.\n\n(h) Section 307(c) of the Coastal Zone Management Act of 1976 (16 U.S.C. 1456 (c)), as amended.\n\n(i) The Water Resources Development Act of 1976 (Pub. L. 94-587).\n\n(j) Executive Order 11593,  Protection and Enhancement of the Cultural Environment,  May 13, 1971, (36 FR 8921, May 15, 1971).\n\n(k) Executive Order 11988,  Floodplain Management,  May 24, 1977, (42 FR 26951, May 25, 1977).\n\n(l) Executive Order 11990,  Protection of Wetlands,  May 24, 1977, (42 FR 26961, May 25, 1977).\n\n(m) Executive Order 12372,  Intergovernmental Review of Federal Programs,  July 14, 1982, (47 FR 3959, July 16, 1982).\n\n(n) Executive Order 12114,  Environmental Effects Abroad of Major Federal Actions,  January 4, 1979."], ["33:33:3.0.1.1.29.0.1.7", 33, "Navigation and Navigable Waters", "II", "", "335", "PART 335\u2014OPERATION AND MAINTENANCE OF ARMY CORPS OF ENGINEERS CIVIL WORKS PROJECTS INVOLVING THE DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. OR OCEAN WATERS", "", "", "", "\u00a7 335.7 Definitions.", "USACE", "", "", "", "The definitions of 33 CFR parts 323, 324, 327, and 329 are hereby incorporated. The following terms are defined or interpreted from parts 320 through 330 for purposes of 33 CFR parts 335 through 338.\n\nBeach nourishment  means the discharge of dredged or fill material for the purpose of replenishing an eroded beach or placing sediments in the littoral transport process.\n\nEmergency  means a situation which would result in an unacceptable hazard to life or navigation, a significant loss of property, or an immediate and unforeseen significant economic hardship if corrective action is not taken within a time period less than the normal time needed under standard procedures.\n\nFederal standard  means the dredged material disposal alternative or alternatives identified by the Corps which represent the least costly alternatives consistent with sound engineering practices and meeting the environmental standards established by the 404(b)(1) evaluation process or ocean dumping criteria.\n\nNavigable waters of the U.S.  means those waters of the U.S. that are subject to the ebb and flow of the tide shoreward to the mean high water mark, and/or are presently used, have been used in the past, or may be susceptible to use with or without reasonable improvement to transport interstate or foreign commerce. A more complete definition is provided in 33 CFR part 329. For the purpose of this regulation, the term also includes the confines of Federal navigation approach channels extending into ocean waters beyond the territorial sea which are used for interstate or foreign commerce.\n\nPracticable  means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.\n\nStatement of Findings (SOF)  means a comprehensive summary compliance document signed by the district engineer after completion of appropriate environmental documentation and public involvement.\n\nTerritorial sea  means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, extending seaward a distance of three miles as described in the convention on the territorial sea and contiguous zone, 15 U.S.T. 1606."], ["9:9:2.0.2.1.29.1.7.1", 9, "Animals and Animal Products", "III", "A", "335", "PART 335\u2014RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE FEDERAL MEAT INSPECTION ACT", "A", "Subpart A\u2014Criminal Violations", "", "\u00a7 335.40 Opportunity for presentation of views before report of criminal violations.", "FSIS", "", "", "[52 FR 13828, Apr. 27, 1987]", "(a) Except as provided in paragraphs (a)(1) through (5) of this section, before any violation of the Federal Meat Inspection Act is reported to the Department of Justice by the Secretary for criminal prosecution the Secretary must give reasonable notice to the suspected violator that the Secretary intends to report the violation for prosecution and give the suspected violator an opportunity to present the violator's views to the Secretary with respect to such proceeding.\n\n(1) Notice and opportunity need not be provided if the Secretary has any reason to believe that providing such notice and opportunity could result in the alteration or destruction of evidence, or where disclosure could result in injury to persons or property.\n\n(2) Notice and opportunity need not be provided if the Secretary has any reason to believe that providing such notice and opportunity could result in flight of a suspected violator to avoid prosecution.\n\n(3) Notice and opportunity need not be provided if the Secretary has any reason to believe that providing such notice and opportunity could result in compromising special investigative techniques, such as undercover or other covert operations.\n\n(4) Notice and opportunity need not be provided when the impending criminal referral involves suspicion of bribery and related offenses, or clandestine slaughtering and/or processing operations.\n\n(5) Notice and opportunity need not be provided when the impending referral is part of an investigation involving non-Act violations, and the Act and non-Act violations are jointly referred for prosecution.\n\n(b) A notice of opportunity to present views will be sent by registered or certified mail, summarize the violations that constitute the basis of the contemplated prosecution, and describe the procedures for presentation of views. Any information given by a respondent, orally or in writing, shall become part of the Department's official record concerning the matter. The Department is under no obligation to disclose evidence to the suspected violator."]], "truncated": false, "filtered_table_rows_count": 18, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "335"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=335", "results": [{"value": 33, "label": 33, "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&title_number=33", "selected": false}, {"value": 20, "label": 20, "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&title_number=20", "selected": false}, {"value": 21, "label": 21, "count": 4, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&title_number=21", "selected": false}, {"value": 9, "label": 9, "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&title_number=9", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=335", "results": [{"value": "USACE", "label": "USACE", "count": 7, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&agency=USACE", "selected": false}, {"value": "SSA", "label": "SSA", "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&agency=SSA", "selected": false}, {"value": "FDA", "label": "FDA", "count": 4, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&agency=FDA", "selected": false}, {"value": "FSIS", "label": "FSIS", "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&agency=FSIS", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=335", "results": [{"value": "335", "label": "335", "count": 18, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=335&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 4284.367516986094, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}