{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 381 sorted by section_id", "rows": [["14:14:4.0.1.4.64.0.24.1", 14, "Aeronautics and Space", "II", "D", "381", "PART 381\u2014SPECIAL EVENT TOURS", "", "", "", "\u00a7 381.1 Purpose.", "FAA", "", "", "", "The purpose of this part is ensure that air travelers who have purchased tours to special events will receive the promised admission to the event. This part expands the \u201cSuper Bowl rule\u201d to other events."], ["14:14:4.0.1.4.64.0.24.2", 14, "Aeronautics and Space", "II", "D", "381", "PART 381\u2014SPECIAL EVENT TOURS", "", "", "", "\u00a7 381.3 Applicability.", "FAA", "", "", "", "This part applies to Special Event Tours that are in interstate air transportation, or in foreign air transportation originating at a point in the United States. This part applies to U.S. and foreign operators of Special Event Tours, whether they be air carriers or ticket agents. This part applies to scheduled, charter, and other air transportation."], ["14:14:4.0.1.4.64.0.24.3", 14, "Aeronautics and Space", "II", "D", "381", "PART 381\u2014SPECIAL EVENT TOURS", "", "", "", "\u00a7 381.5 Definition.", "FAA", "", "", "", "Special Event Tour  means a tour that is organized for the purpose of attending a sporting, social, religious, educational, cultural, political or other event of a special nature and limited duration, which exists for reasons apart from the tour itself, and which is represented by the operator of the tour as including admission to that event. Examples of such events include, but are not limited to, college and professional sporting events, the Olympics, concerts, the Passion Play in Oberammergau, etc."], ["14:14:4.0.1.4.64.0.24.4", 14, "Aeronautics and Space", "II", "D", "381", "PART 381\u2014SPECIAL EVENT TOURS", "", "", "", "\u00a7 381.7 Advertising.", "FAA", "", "", "", "No operator of a Special Event Tour or agent of such an operator shall conduct, or cause or allow to be conducted, any advertising, solicitation or other promotion for a Special Event Tour unless:\n\n(a) The operator is in physical possession of enough tickets for admission to the event to provide such tickets for a substantial number of seats on the tour; or\n\n(b) The operator has entered into a written contract with an organization that is the distributor of such tickets or an organization that receives such tickets directly from the distributor (e.g., a bowl committee; football conference, league or team; concert promoter or arena; etc.), the terms of which provide for that organization to furnish the operator enough admission tickets to provide such tickets for a substantial number of seats on the tour; or\n\n(c) The operator has entered into a written contract with another person or organization that has a written contract or series of written contracts with the distributor of such tickets or with an organization that receives such tickets directly from the distributor, the terms of which provide for that organization (the organization with which the operator has contracted) to furnish the operator enough admission tickets to provide such tickets for a substantial number of seats on the tour."], ["14:14:4.0.1.4.64.0.24.5", 14, "Aeronautics and Space", "II", "D", "381", "PART 381\u2014SPECIAL EVENT TOURS", "", "", "", "\u00a7 381.9 Sales.", "FAA", "", "", "", "(a) Except as provided in paragraph (b) of this section:\n\n(1) No operator of a Special Event Tour shall accept money for a seat on a Special Event Tour, or authorize an agent to accept such money, unless the operator has physical possession of, or written contracts (in the manner described in \u00a7 381.7) for, a ticket for admission to the event for that individual. To the extent that the operator receives an unsolicited booking for which the operator does not have physical possession of or written contracts for a ticket for admission to the event, any payment accompanying that booking must be returned within 3 business days.\n\n(2) Upon acceptance of the money for a sale, the operator must reserve one event ticket for that individual. An operator may not sell more seats on the tour than it has event tickets in hand or under contract. (An operator need not continue to reserve an event ticket for an individual who withdraws from the tour by providing notice to the operator or by being notified by the operator that the individual's participation has been canceled due to failure to remit a required installment payment.)\n\n(b) An operator of a Special Event Tour may accept a booking and payment from an individual for whom the operator does not have an event ticket in hand or under contract if that individual agrees in writing that he or she understands that no event ticket has been reserved for him or her. This agreement shall specify whether the person has agreed to participate in the tour without an event ticket and/or the operator has agreed to attempt to acquire an event ticket for this person. If the two parties agree that the operator will attempt to acquire an event ticket, the agreement shall specify any penalties that will apply if the individual later cancels because an event ticket did not become available. If the operator notifies this person that an event ticket has become available, that person shall enjoy all the other protections of this part from that time."], ["14:14:4.0.1.4.64.0.24.6", 14, "Aeronautics and Space", "II", "D", "381", "PART 381\u2014SPECIAL EVENT TOURS", "", "", "", "\u00a7 381.11 Refunds.", "FAA", "", "", "", "If promised admission to the primary event for which a Special Event Tour was organized is not furnished by the tour operator, at the tour price agreed to before departure (including any increases that the participant has accepted pursuant to \u00a7 381.13(a)), the operator must provide each tour participant affected in this way a refund of the total tour price. This refund is to be provided within 14 calendar days after the scheduled return date of the tour."], ["14:14:4.0.1.4.64.0.24.7", 14, "Aeronautics and Space", "II", "D", "381", "PART 381\u2014SPECIAL EVENT TOURS", "", "", "", "\u00a7 381.13 Price increases.", "FAA", "", "", "", "(a) Should the tour operator increase a participant's tour price by more than 10 percent (aggregate of all increases to that participant), that participant shall have the option of canceling his or her participation in the tour and receiving a full refund within 14 days after the cancellation.\n\n(b) The tour operator shall not increase the tour price to any participant less than ten days before departure."], ["34:34:2.1.1.1.17.1.137.1", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "A", "Subpart A\u2014General", "", "\u00a7 381.1 What is the Protection and Advocacy of Individual Rights program?", "ED", "", "", "", "This program is designed to support a system in each State to protect the legal and human rights of eligible individuals with disabilities."], ["34:34:2.1.1.1.17.1.137.2", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "A", "Subpart A\u2014General", "", "\u00a7 381.2 Who is eligible for an award?", "ED", "", "", "", "(a)(1) A protection and advocacy system that is established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act), 42 U.S.C. 15041  et seq.,  and that meets the requirements of \u00a7 381.10 is eligible to apply for a grant award under this part.\n\n(2)(i) For any fiscal year in which the appropriation to carry out the activities of this part equals or exceeds $10,500,000, the eligible system serving the American Indian Consortium is eligible to apply for a grant award under this part.\n\n(ii) For purposes of this part, an eligible system is defined at \u00a7 381.5(c).\n\n(iii) For purposes of this part, the American Indian Consortium means a consortium established as described in section 102 of the DD Act (42 U.S.C. 15002).\n\n(b) In any fiscal year in which the amount appropriated to carry out this part is less than $5,500,000, a protection and advocacy system from any State or from Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, may apply for a grant under the Protection and Advocacy of Individual Rights (PAIR) program to plan for, develop outreach strategies for, and carry out a protection and advocacy program authorized under this part.\n\n(c) In any fiscal year in which the amount appropriated to carry out this part is equal to or greater than $5,500,000, an eligible system from any State and from any of the jurisdictions named in paragraph (b) of this section may apply to receive the amount allotted pursuant to section 509(c)-(e) of the Act."], ["34:34:2.1.1.1.17.1.137.3", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "A", "Subpart A\u2014General", "", "\u00a7 381.3 What activities may the Secretary fund?", "ED", "", "", "", "(a) Funds made available under this part must be used for the following activities:\n\n(1) Establishing a system to protect, and advocate for, the rights of individuals with disabilities.\n\n(2) Pursuing legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of eligible individuals with disabilities within the State or the American Indian Consortium.\n\n(3) Providing information on and making referrals to programs and services addressing the needs of individuals with disabilities in the State or American Indian Consortium, including individuals with disabilities who are exiting from school programs.\n\n(4) Coordinating the protection and advocacy program provided through an eligible system with the advocacy programs under\u2014\n\n(i) Section 112 of the Act (the Client Assistance Program (CAP));\n\n(ii) The Older Americans Act of 1965 (the State long-term care ombudsman program) (42 U.S.C. 3001  et seq. );\n\n(iii) Part C of the DD Act; and\n\n(iv) The Protection and Advocacy for Individuals with Mental Illness Act of 2000 (PAIMI) (42 U.S.C. 10801-10807).\n\n(5) Developing a statement of objectives and priorities on an annual basis and a plan for achieving these objectives and priorities.\n\n(6) Providing to the public, including individuals with disabilities and, as appropriate, their representatives, an opportunity to comment on the objectives and priorities described in \u00a7 381.10(a)(6).\n\n(7) Establishing a grievance procedure for clients or prospective clients of the eligible system to ensure that individuals with disabilities are afforded equal access to the services of the eligible system.\n\n(b) Funds made available under this part also may be used to carry out any other activities consistent with the purpose of this part and the activities listed in paragraph (a) of this section."], ["34:34:2.1.1.1.17.1.137.4", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "A", "Subpart A\u2014General", "", "\u00a7 381.4 What regulations apply?", "ED", "", "", "", "The following regulations apply to the PAIR program:\n\n(a) The Education Department General Administrative Regulations (EDGAR) as follows:\n\n(1) 34 CFR part 75 (Direct Grant Programs) for purposes of an award made under  \u00a7  \u00a7 381.20 or 381.22(a)(1).\n\n(2) 34 CFR part 76 (State-Administered Programs), if the appropriation for the PAIR program is equal to or greater than $5,500,000 and the eligible system is a State or local government agency, except for\u2014\n\n(i) Section 76.103;\n\n(ii) Sections 76.125 through 76.137;\n\n(iii) Sections 76.300 through 76.401;\n\n(iv) Section 76.704;\n\n(v) Section 76.734; and\n\n(vi) Section 76.740.\n\n(3) 34 CFR part 77 (Definitions that Apply to Department Regulations).\n\n(4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).\n\n(5) 34 CFR part 81 (General Education Provisions Act\u2014Enforcement).\n\n(6) 34 CFR part 82 (New Restrictions on Lobbying).\n\n(b) 2 CFR part 180 (OMB Guidelines to Agencies on Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485.\n\n(c) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474.\n\n(d) The regulations in this part 381."], ["34:34:2.1.1.1.17.1.137.5", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "A", "Subpart A\u2014General", "", "\u00a7 381.5 What definitions apply?", "ED", "", "", "", "(a) Definitions in EDGAR at 34 CFR part 77.\n\n(b) Definitions in 2 CFR part 200 subpart A.\n\n(c)  Other definitions.  The following definitions also apply to this part:\n\nAct  means the Rehabilitation Act of 1973, as amended.\n\nAdvocacy  means pleading an individual's cause or speaking or writing in support of an individual. Advocacy may be formal, as in the case of a lawyer representing an individual in a court of law or in formal administrative proceedings before government agencies (whether tribal, State, local, or Federal). Advocacy also may be informal, as in the case of a lawyer or non-lawyer representing an individual in negotiations, mediation, or informal administrative proceedings before government agencies (whether tribal, State, local, or Federal), or as in the case of a lawyer or non-lawyer representing an individual's cause before private entities or organizations, or government agencies (whether tribal, State, local, or Federal). Advocacy may be on behalf of\u2014\n\n(i) A single individual, in which case it is individual advocacy;\n\n(ii) More than one individual or a group or class of individuals, in which case it is systems (or systemic) advocacy; or\n\n(iii) Oneself, in which case it is self advocacy.\n\nEligible individual with a disability  means an individual who\u2014\n\n(i) Needs protection and advocacy services that are beyond the scope of services authorized to be provided by the CAP under section 112 of the Act; and\n\n(ii) Is ineligible for\u2014\n\n(A) Protection and advocacy programs under part C of the DD Act; and\n\n(B) Protection and advocacy programs under the PAIMI.\n\nEligible system  means a protection and advocacy system that is established under part C of the DD Act and that meets the requirements of \u00a7 381.10.\n\nMediation  means the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to settle differences or disputes between persons or parties. The third party who acts as a mediator, intermediary, or conciliator must not be any entity or individual who is connected in any way with the eligible system or the agency, entity, or individual with whom the individual with a disability has a dispute. Mediation may involve the use of professional mediators or any other independent third party mutually agreed to by the parties to the dispute.\n\nState  means, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, except for purposes of sections 509(c)(3)(B) and (c)(4) of the Act, in which case State does not mean or include Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands."], ["34:34:2.1.1.1.17.2.137.1", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "B", "Subpart B\u2014How Does One Apply for an Award?", "", "\u00a7 381.10 What are the application requirements?", "ED", "", "", "", "(a) Regardless of the amount of funds appropriated for the PAIR program in a fiscal year, an eligible system shall submit to the Secretary an application for assistance under this part at the time and in the form and manner determined by the Secretary that contains all information that the Secretary determines necessary, including assurances that the eligible system will\u2014\n\n(1) Have in effect a system to protect, and advocate for, the rights of eligible individuals with disabilities;\n\n(2) Have the same general authorities, including the authority to access records and program income, as in part C of title I of the DD Act;\n\n(3) Have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of eligible individuals with disabilities within the State and the American Indian Consortium;\n\n(4) Provide information on and make referrals to programs and services addressing the needs of individuals with disabilities in the State and the American Indian Consortium, including individuals with disabilities who are exiting from school programs;\n\n(5) Develop a statement of objectives and priorities on an annual basis and a plan for achieving these objectives and priorities;\n\n(6) Provide to the public, including individuals with disabilities and, as appropriate, their representatives, an opportunity to comment on the objectives and priorities established by, and activities of, the eligible system including\u2014\n\n(i) The objectives and priorities for the activities of the eligible system for each year and the rationale for the establishment of those objectives and priorities; and\n\n(ii) The coordination of the PAIR program provided through eligible systems with the advocacy programs under\u2014\n\n(A) Section 112 of the Act (CAP);\n\n(B) The Older Americans Act of 1965 (the State long-term care ombudsman program);\n\n(C) Part C of the DD Act; and\n\n(D) The PAIMI;\n\n(7) Establish a grievance procedure for clients or prospective clients of the eligible system to ensure that individuals with disabilities are afforded equal access to the services of the eligible system;\n\n(8) Use funds made available under this part to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Federal funds are provided; and\n\n(9) Implement procedures designed to ensure that, to the maximum extent possible, mediation (and other alternative dispute resolution) procedures, which include good faith negotiation, are used before resorting to formal administrative or legal remedies.\n\n(b) To receive direct payment of funds under this part, an eligible system must provide to the Secretary, as part of its application for assistance, an assurance that direct payment is not prohibited by or inconsistent with tribal or State law, regulation, or policy."], ["34:34:2.1.1.1.17.3.137.1", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "C", "Subpart C\u2014How Does the Secretary Make an Award?", "", "\u00a7 381.20 How does the Secretary evaluate an application?", "ED", "", "", "", "In any fiscal year in which the amount appropriated for the PAIR program is less than $5,500,000, the Secretary evaluates applications under the procedures in 34 CFR part 75."], ["34:34:2.1.1.1.17.3.137.2", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "C", "Subpart C\u2014How Does the Secretary Make an Award?", "", "\u00a7 381.22 How does the Secretary allocate funds under this program?", "ED", "", "", "", "(a) In any fiscal year in which the amount appropriated for this program is equal to or greater than $5,500,000\u2014\n\n(1) The Secretary sets aside not less than 1.8 percent but not more than 2.2 percent of the amount appropriated to provide a grant, contract, or cooperative agreement for training and technical assistance to eligible systems carrying out activities under this part.\n\n(2) After the reservation required by paragraph (a)(1) of this section, the Secretary makes allotments from the remainder of the amount appropriated in accordance with section 509(c)(2)-(d) of the Act.\n\n(b) Notwithstanding any other provision of law, in any fiscal year in which the amount appropriated for this program is equal to or greater than $5,500,000, the Secretary pays directly to an eligible system that submits an application that meets the requirements of \u00a7 381.10 the amount of the allotment to the State pursuant to section 509 of the Act, unless the State provides otherwise.\n\n(c) For any fiscal year in which the amount appropriated to carry out this program equals or exceeds $10,500,000, the Secretary shall reserve a portion, and use the portion to make a grant for the eligible system serving the American Indian Consortium. The Secretary shall make the grant in an amount of not less than $50,000 for the fiscal year.\n\n(d) Reallotment:\n\n(1) For any fiscal year in which the amount appropriated to carry out this program equals or exceeds $5,500,000 and if the Secretary determines that any amount of an allotment to an eligible system within a State will not be expended by such system in carrying out the provisions of this part, the Secretary shall make such amount available to one or more of the eligible systems that the Secretary determines will be able to use additional amounts during such year for carrying out this part.\n\n(2) Any reallotment amount made available to an eligible system for any fiscal year shall, for the purposes of this section, be regarded as an increase in the eligible system's allotment under this part for that fiscal year."], ["34:34:2.1.1.1.17.4.137.1", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "D", "Subpart D\u2014What Conditions Must Be Met After an Award?", "", "\u00a7 381.30 How are services to be administered?", "ED", "", "", "", "(a) Each eligible system shall carry out the protection and advocacy program authorized under this part.\n\n(b) An eligible system may not award a grant or make a subaward to another entity to carry out, in whole or in part, the protection and advocacy program authorized under this part.\n\n(c) An eligible system may contract with another agency, entity, or individual to carry out the PAIR program in whole or in part, but only if the agency, entity, or individual with whom the eligible system has contracted\u2014\n\n(1) Does not provide services under the Act or does not provide treatment, services, or habilitation to persons with disabilities; and\n\n(2) Is independent of, and not connected financially or through a board of directors to, an entity or individual that provides services under the Act or that provides treatment, services, or habilitation to persons with disabilities.\n\n(d) For purposes of paragraph (c) of this section, \u201cservices under the Act\u201d and \u201ctreatment, services, or habilitation\u201d does not include client assistance services under CAP, protection and advocacy services authorized under the protection and advocacy programs under part C of the DD Act and the PAIMI, or any other protection and advocacy services."], ["34:34:2.1.1.1.17.4.137.2", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "D", "Subpart D\u2014What Conditions Must Be Met After an Award?", "", "\u00a7 381.31 What are the requirements pertaining to the protection, use, and release of personal information?", "ED", "", "", "", "(a) All personal information about individuals served by any eligible system under this part, including lists of names, addresses, photographs, and records of evaluation, must be held confidential.\n\n(b) The eligible system's use of information and records concerning individuals must be limited only to purposes directly connected with the protection and advocacy program, including program evaluation activities. Except as provided in paragraph (c) of this section, an eligible system may not disclose personal information about an individual, directly or indirectly, other than in the administration of the protection and advocacy program, unless the consent of the individual to whom the information applies, or his or her guardian, parent, or other authorized representative or advocate (including the individual's advocate from the eligible system), has been obtained in writing. An eligible system may not produce any report, evaluation, or study that reveals any personally identifying information without the written consent of the individual or his or her representative.\n\n(c) Except as limited in paragraph (d) of this section, the Secretary or other Federal or State officials responsible for enforcing legal requirements must be given complete access to all\u2014\n\n(1) Records of the eligible system receiving funds under this program; and\n\n(2) All individual case records of clients served under this part without the consent of the client.\n\n(d)(1) The privilege of a person or eligible system not to produce documents or provide information pursuant to paragraph (c) of this section is governed by the principles of common law as interpreted by the courts of the United States, except that, for purposes of any periodic audit, report, or evaluation of the performance of the eligible system established or assisted under this part, the Secretary does not require the eligible system to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under the PAIR program.\n\n(2) However, notwithstanding paragraph (d)(1) of this section, if an audit, monitoring review, State plan assurance review, evaluation, or other investigation has already produced independent and reliable evidence that there is probable cause to believe that the eligible system has violated its legislative mandate or misused Federal funds, the eligible system shall disclose, if the Secretary so requests, the identity of, or any other personally identifiable information ( i.e.,  name, address, telephone number, social security number, or other official code or number by which an individual may be readily identified) related to, any individual requesting assistance under the PAIR program, in accordance with the principles of common law as interpreted by the courts of the United States."], ["34:34:2.1.1.1.17.4.137.3", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "D", "Subpart D\u2014What Conditions Must Be Met After an Award?", "", "\u00a7 381.32 What are the reporting requirements under this part?", "ED", "", "", "", "Each eligible system shall provide to the Secretary, no later than 90 days after the end of each fiscal year, an annual report that includes information on the following:\n\n(a) The types of services and activities undertaken by the eligible system and how these services and activities addressed the objectives and priorities developed pursuant to \u00a7 381.10(a)(6).\n\n(b) The total number of individuals, by race, color, national origin, gender, age, and disabling condition, who requested services from the eligible system and the total number of individuals, by race, color, national origin, gender, age, and disabling condition, who were served by the eligible system.\n\n(c) The types of disabilities represented by individuals served by the eligible system.\n\n(d) The types of issues being addressed on behalf of individuals served by the eligible system.\n\n(e) Any other information that the Secretary may require."], ["34:34:2.1.1.1.17.4.137.4", 34, "Education", "III", "", "381", "PART 381\u2014PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS", "D", "Subpart D\u2014What Conditions Must Be Met After an Award?", "", "\u00a7 381.33 What are the requirements related to the use of funds provided under this part?", "ED", "", "", "", "(a) Funds made available under this part must be used to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Federal funds are provided under this part.\n\n(b) In any State in which an eligible system is located within a State agency, that State or State agency may not use more than five percent of any allotment for the costs of administration of the eligible system supported under this part. For purposes of this paragraph, \u201ccosts of administration\u201d include, but are not limited to, administrative salaries (including salaries for clerical and support staff), supplies, depreciation, the cost of operating and maintaining facilities, equipment, and grounds ( e.g.,  rental of office space or equipment, telephone, postage, maintenance agreements), and other similar types of costs that may be incurred by the State or State agency to administer the eligible system.\n\n(c) Funds paid to an eligible system within a State for a fiscal year, including reallotment funds, to carry out this program that are not expended or obligated prior to the end of that fiscal year remain available to the eligible system within a State for obligation during the succeeding fiscal year in accordance with sections 19 and 509(g) of the Act.\n\n(d) For determining when an eligible system makes an obligation for various kinds of property or services, 34 CFR 75.707 and 76.707, as appropriate, apply to this program. If the appropriation for the PAIR program is less than $5,500,000, \u00a7 75.707 applies. If the appropriation for the PAIR program is equal to or greater than $5,500,000, \u00a7 76.707 applies. An eligible system is considered a State for purposes of \u00a7 76.707.\n\n(e) Program income:\n\n(1) Consistent with 2 CFR 200.80 and for purposes of this part,  program income  means gross income earned by the designated agency that is directly generated by an activity supported under this part.\n\n(2)(i) The designated agency must use program income to supplement Federal funds that support program activities that are subject to this part. See, for example 2 CFR 200.307(e)(2).\n\n(ii) Notwithstanding 2 CFR 200.305(a) and consistent with 2 CFR 200.305(b)(5), and to the extent that program income funds are available, all designated agencies, regardless of whether they are a State agency, must disburse those funds (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional funds from the Department.\n\n(3) Any program income received during a fiscal year that is not obligated or expended prior to the beginning of the succeeding fiscal year in which the program income was received, remain available for obligation and expenditure by the grantee during that succeeding fiscal year."], ["46:46:8.0.1.11.37.0.12.1", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.1 Purpose.", "FMC", "", "", "", "The purpose of this part 381 is to prescribe regulations to be followed by all departments and agencies having responsibility under the Cargo Preference Act of 1954, section 901(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1241(b)), in the administration of their programs with respect to that Act, and to provide a uniform system for the collection of data on the administration of such programs for use in preparing the annual reports to Congress required by that Act."], ["46:46:8.0.1.11.37.0.12.2", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.2 Definitions.", "FMC", "", "", "[G.O. 103, 36 FR 6894, Apr. 10, 1971, as amended by Amdt. 1, 36 FR 10739, June 2, 1971; 36 FR 19367, Oct. 5, 1971; 42 FR 57126; Nov. 1, 1977]", "(a)  Cargo Preference Act of 1954  means section 901(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1241(b)).\n\n(b)  Cargoes subject to the Cargo Preference Act of 1954,  include equipment, material or commodities:\n\n(1) Procured, contracted for or otherwise obtained within or outside the United States for the account of the United States;\n\n(2) Furnished within or outside the United States to or for the account of any foreign nation without provision for reimbursement;\n\n(3) Furnished within or outside the United States for the account of any foreign nation in connection with which the United States advances funds or credits or guarantees the convertability of foreign currencies.\n\n(4) Procured, contracted for, or otherwise obtained within or outside of the United States with advance of funds, loans or guaranties made by or on behalf of the United States.\n\n(c)  Department or agency having responsibility under the Cargo Preference Act of 1954  means any department or agency of the Federal Government, administering a program that involves the transportation on ocean vessels of cargoes subject to the Cargo Preference Act of 1954. At present, these agencies include:\n\n(1) Department of State.\n\n(2) Department of Agriculture.\n\n(3) Department of Defense.\n\n(4) Post Office Department.\n\n(5) General Services Administration.\n\n(6) Export-Import Bank of the United States.\n\n(7) National Aeronautics and Space Administration.\n\n(8) Inter-American Development Bank.\n\n(9) U.S. Information Agency.\n\n(10) Department of Interior.\n\n(11) Department of Commerce.\n\n(12) Department of Treasury.\n\n(13) Department of Health, Education, and Welfare.\n\n(14) Department of Housing and Urban Development.\n\n(15) Department of Transportation.\n\n(16) Atomic Energy Commission.\n\n(17) Tennessee Valley Authority.\n\n(18) Veterans Administration.\n\n(19) Smithsonian Institution.\n\n(20) Library of Congress.\n\n(d)  Liner parcel  means any cargo, dry or liquid, normally carried under berth terms by common carriers in ocean trades."], ["46:46:8.0.1.11.37.0.12.3", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.3 Reporting information and procedure.", "FMC", "", "", "[G.O. 103, 36 FR 6894, Apr. 10, 1971, as amended at 57 FR 13047, Apr. 15, 1992]", "(a)  Reports of cargo preference shipments.  Each department or agency subject to the Cargo Preference Act of 1954, except the Department of Defense for which separate regulations will be issued, shall furnish to the Office of National Cargo and Compliance, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590, within 20 working days of the date of loading for shipments originating in the United States or within 30 working days for shipments originating outside the United States, the following information concerning each shipment of preference cargo:\n\n(1) Identification of the sponsoring U.S. Government agency or department;\n\n(2) Name of vessel;\n\n(3) Vessel flag of registry;\n\n(4) Date of loading;\n\n(5) Port of loading;\n\n(6) Port of final discharge;\n\n(7) Commodity description;\n\n(8) Gross weight in pounds;\n\n(9) Total ocean freight revenue in U.S. dollars.\n\n(b)  Format of reports.  The information listed in paragraph (a) of this section shall be furnished to the Maritime Administration in a format prepared by the reporting department or agency and approved by the Maritime Administrator, Department of Transportation as suitable for the purpose of carrying out his responsibility under section 901(b)(2) of the Merchant Marine Act, 1936, as amended, pursuant to the authority delegated to him thereunder by the Secretary of Transportation under section 3 of Department Organization Order 10-8, 36 FR 1223. Where obtainable, a properly notated and legible copy of the ocean bill of lading in English will suffice. Reporting formats shall be submitted for approval by April 30, 1971.\n\n(c)  Shipments made subject to the Act.  In those instances where a shipment has been made that was not known to be subject to the Cargo Preference Act of 1954 when it was made, but subsequent events cause it to be subject to that Act, the agency taking the action that caused the shipment to be subject to the Act shall furnish to the Office of National Cargo and Compliance the information listed in paragraph (a) of this section in the approved reporting form."], ["46:46:8.0.1.11.37.0.12.4", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.4 Fair and reasonable participation.", "FMC", "", "", "[G.O. 103, Amdt. 1, 36 FR 10739, June 2, 1971]", "In order to insure a fair and reasonable participation by U.S.-flag commercial vessels in liner parcel cargoes subject to the Cargo Preference Act of 1954, as required by that Act, the head of each department or agency having responsibility under that Act shall prescribe regulations or formal staff instructions providing for the cargo mix of liner parcel cargoes transported on ocean vessels to be divided between privately owned U.S.-flag vessels and foreign-flag vessels in such a manner as to yield to the U.S.-flag vessels freight revenue per long ton at least equal to the freight revenue per long ton afforded the foreign-flag vessels participating in the same grant, loan, or purchase transaction. A copy of the regulations or staff instructions prescribed by each department or agency shall be furnished to the Secretary, Maritime Administration, no later than June 30, 1971, for approval."], ["46:46:8.0.1.11.37.0.12.5", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.5 Fix American-flag tonnage first.", "FMC", "", "", "[G.O. 103, Amdt. 2, 36 FR 19254, Oct. 1, 1971, as amended at 57 FR 13047, Apr. 15, 1992]", "Each department or agency having responsibility under the Cargo Preference Act of 1954 shall cause each full shipload of cargo subject to said act to be fixed on U.S.-flag vessels prior to any fixture on foreign-flag vessels for at least that portion of all preference cargoes required by that Act and the Food Security Act of 1985 to be shipped on U.S.-flag vessels, computed by purchase authorization or other quantitative unit satisfactory to the agency involved and the Maritime Administration, except where such department or agency determines, with the concurrence of the Maritime Administration, that (a) U.S.-flag vessels are not available at fair and reasonable rates for U.S.-flag commercial vessels, or (b) that there is a substantially valid reason for fixing foreign-flag vessels first."], ["46:46:8.0.1.11.37.0.12.6", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.6 Informal grievance procedure.", "FMC", "", "", "[G.O. 103, Amdt. 3, 37 FR 3641, Feb. 18, 1972, as amended at 57 FR 13047, Apr. 15, 1992]", "(a) Whenever any person has a question, problem, complaint, grievance, or controversy pertaining to the terms and conditions of any tenders, charter party terms, or other matter involving the administration of the Cargo Preference Act of 1954, such person may request the Maritime Administration to afford him an opportunity to discuss the matter informally with representatives of the Maritime Administration and, if other U.S. Government agencies or foreign missions, embassies, or agencies acting on behalf of a foreign government are involved with them or persons authorized to speak for them.\n\n(b) In such cases, a request may be made by telephone or letter to the Chief, Office of Market Development, Maritime Administration, Washington, DC 20590, (202) 366-4610. When such a request has been received, the Maritime Administrator, Department of Transportation or his designated representative will promptly consider the matter on its merits and provide assistance if possible. If the matter cannot be resolved satisfactorily by the Maritime Administration, the Maritime Administrator, Department of Transportation or his designated representative will then arrange for a meeting at a time and place satisfactory to all interested parties so that the matter may be freely discussed and resolved.\n\n(c) At such meetings, the Maritime Administrator, Department of Transportation or his designated representative may request any U.S. Government agency, foreign mission, embassy, or agency acting on behalf of a foreign government, or others having an interest in the matter to attend such a conference, or to send representatives authorized to speak for them. All such meetings and conferences will be conducted in an informal manner."], ["46:46:8.0.1.11.37.0.12.7", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.7 Federal Grant, Guaranty, Loan and Advance of Funds Agreements.", "FMC", "", "", "[42 FR 57126, Nov. 1, 1977]", "In order to insure a fair and reasonable participation by privately owned United States-flag commercial vessels in transporting cargoes which are subject to the Cargo Preference Act of 1954 and which are generated by U.S. Government Grant, Guaranty, Loan and/or Advance of Funds Programs, the head of each affected department or agency shall require appropriate clauses to be inserted in those Grant, Guaranty, Loan and/or Advance of Funds Agreements and all third party contracts executed between the borrower/grantee and other parties, where the possibility exists for ocean transportation of items procurred, contracted for or otherwise obtained by or on behalf of the grantee, borrower, or any of their contractors or subcontractors. The clauses required by this part shall provide that at least 50 percent of the freight revenue and tonnage of cargo generated by the U.S. Government Grant, Guaranty, Loan or Advance of Funds be transported on privately owned United States-flag commercial vessels. These clauses shall also require that all parties provide to the Maritime Administration the necessary shipment information as set forth in \u00a7 381.3. A copy of the appropriate clauses required by this part shall be submitted by each affected agency or department to the Secretary, Maritime Administration, for approval no later than 30 days after the effective date of this part. The following are suggested acceptable clauses with respect to the use of United States-flag vessels to be incorporated in the Grant, Guaranty, Loan and/or Advance of Funds Agreements as well as contracts and subcontracts resulting therefrom:\n\n(a)  Agreement Clauses.  \u201cUse of United States-flag vessels:\n\n\u201c(1) Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag commercial vessels, if available.\n\n\u201c(2) Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, \u2018on-board\u2019 commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a)(1) of this section shall be furnished to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.\u201d\n\n(b)  Contractor and Subcontractor Clauses.  \u201cUse of United States-flag vessels: The contractor agrees\u2014\n\n\u201c(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.\n\n\u201c(2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, \u2018on-board\u2019 commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.\n\n\u201c(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.\u201d"], ["46:46:8.0.1.11.37.0.12.8", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.8 Subsidized vessel participation.", "FMC", "", "", "[53 FR 24272, June 28, 1988]", "(a) For the purpose of approving subsidized U.S.-flag liner and bulk vessels competing for the carriage of dry bulk preference cargoes, each department or agency having responsibility under the Cargo Preference Act of 1954 (46 U.S.C. 1214(b)), shall evaluate bids received from the operators of such vessels in the manner described in this section.\n\n(b) When a subsidized vessel operator is the apparent low U.S.-flag responsive bidder for a dry bulk preference cargo, the responsible department or agency shall evaluate the subsidized operator's bid by:\n\n(1) Requesting from MARAD an amount for the operating-differential subsidy (ODS) likely to be paid for the carriage of such cargo expressed as a cost per ton for performing the voyage by the apparent low responsive subsidized bidders;\n\n(2) Deriving \u201caugmented bids\u201d for the subsidized operators by adding the ODS amount to each subsidized operator's bid;\n\n(3) Comparing the augmented bids of the subsidized operators and the bids of unsubsidized operators to determine the apparent low responsive bidder;\n\n(4) Requesting from MARAD a fair and reasonable guideline rate for the apparent low responsive bidder which shall be based on MARAD's calculation of anticipated costs (less ODS in the case of a subsidized vessel) for the voyage plus a reasonable amount for profit for the voyage; and\n\n(5) Determining whether the subsidized operator's unaugmented bid or the unsubsidized operator's bid, whichever was determined to be the lowest responsive bid pursuant to paragraph (b)(3) of this section, is at or below the fair and reasonable guideline rate.\n\n(c) If the amount of dry bulk cargo to be shipped is changed at any time prior to award, the department or agency shall request that MARAD provide new ODS amounts applicable to the carriage. The department or agency shall redetermine the augmented bids before determining the lowest responsive bid and requesting from MARAD a revised fair and reasonable guideline rate in accordance with the provisions of paragraph (b) of this section.\n\n(d) Whenever a bid is submitted for a U.S.-flag vessel for the transportation of dry bulk preference cargo, the responsible department or agency shall only approve bids that apply to an individual vessel, and may not accept combined bids submitted for more than one vessel. If two or more vessels are offered, separate bids shall be submitted for each vessel. A bidder may submit a conditional lower bid for each vessel to be effective only if more than one vessel is contracted to carry the cargo.\n\n(e) The requirements of this section shall apply only to those departments or agencies that directly pay or finance all or part of U.S.-flag ocean freight transportation costs for the carriage of dry bulk preference cargoes, in accordance with this part.\n\n(f) The requirements of this section shall not apply to foreign aid consisting of direct cash transfer payments under specific agreements between departments or agencies and the recipient country with respect to the utilization of U.S.-flag vessels for transportation of commodities purchased with such funds."], ["46:46:8.0.1.11.37.0.12.9", 46, "Shipping", "II", "J", "381", "PART 381\u2014CARGO PREFERENCE\u2014U.S.-FLAG VESSELS", "", "", "", "\u00a7 381.9 Available U.S.-flag service.", "FMC", "", "", "[61 FR 24897, May 17, 1996]", "For purposes of shipping bulk agricultural commodities under programs administered by sponsoring Federal agencies from U.S. Great Lakes ports during the 1996-2000 Great Lakes shipping seasons, if direct all-U.S.-flag service, at fair and reasonable rates, is not available at U.S. Great Lakes ports, a joint service involving a foreign-flag vessel(s) carrying cargo no farther than a Canadian port(s) or other point(s) on the Gulf of St. Lawrence, with transshipment via a U.S.-flag privately-owned commercial vessel to the ultimate foreign destination, will be deemed to comply with the requirement of \u201cavailable\u201d commercial U.S.-flag service under the Cargo Preference Act of 1954. Shipper agencies considering bids resulting in the lowest landed cost of transportation based on U.S.-flag rates and service shall include within the comparison of U.S.-flag rates and service, for shipments originating in U.S. Great Lakes ports, through rates (if offered) to a Canadian port or other point on the Gulf of St. Lawrence and a U.S.-flag leg for the remainder of the voyage. The \u201cfair and reasonable\u201d rate for this mixed service will be determined by considering the U.S.-flag component under the existing regulations at 46 CFR part 382 or 383, as appropriate, and incorporating the cost for the foreign-flag component into the U.S.-flag \u201cfair and reasonable\u201d rate in the same way as the cost of foreign-flag vessels used to lighten U.S.-flag vessels in the recipient country's territorial waters. Alternatively, the supplier of the commodity may offer the Cargo FOB Canadian transshipment point, and MARAD will determine fair and reasonable rates accordingly."], ["49:49:5.1.1.2.23.1.11.1", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "A", "Subpart A\u2014General", "", "\u00a7 381.100 What is the purpose of this part?", "FHWA", "", "", "", "This part prescribes the rules and procedures for requesting waivers and applying for exemptions from those provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) which were issued on the authority of 49 U.S.C. 31136 or chapter 313, and the initiation and administration of pilot programs."], ["49:49:5.1.1.2.23.1.11.2", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "A", "Subpart A\u2014General", "", "\u00a7 381.105 Who is required to comply with the rules in this part?", "FHWA", "", "", "", "(a) You must comply with the rules in this part if you are going to request a waiver or apply for an exemption.\n\n(b) You should follow the instructions in subpart D of this part if you would like to recommend the agency initiate a pilot program."], ["49:49:5.1.1.2.23.1.11.3", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "A", "Subpart A\u2014General", "", "\u00a7 381.110 What definitions are applicable to this part?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 80 FR 59072, Oct. 1, 2015; 86 FR 35639, July 7, 2021]", "Commercial motor vehicle  means any motor vehicle that meets the definition of \u201ccommercial motor vehicle\u201d found at 49 CFR 382.107 concerning controlled substances and alcohol use and testing, 49 CFR 383.5 concerning commercial driver's license standards, or 49 CFR 390.5 concerning parts 390 through 399 of the FMCSRs.\n\nFederal Motor Carrier Safety Administrator (the Administrator)  means the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.\n\nFMCSRs  means Federal Motor Carrier Safety Regulations (49 CFR parts 380, 382, 383, and 384; 49 CFR 390.19 and 390.21; and 49 CFR parts 391 through 393, 395, 396, and 399).\n\nYou  means an individual or motor carrier or other entity that is, or will be, responsible for the operation of a CMV(s). The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.  You  also includes any interested party who would like to suggest or recommend that the FMCSA initiate a pilot program."], ["49:49:5.1.1.2.23.2.11.1", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "B", "Subpart B\u2014Procedures for Requesting Waivers", "", "\u00a7 381.200 What is a waiver?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 86 FR 35639, July 7, 2021; 86 FR 57069, Oct. 14, 2021]", "(a) A waiver is temporary regulatory relief from one or more FMCSR given to a person subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations.\n\n(b) A waiver provides the person with relief from the regulations for up to three months.\n\n(c) A waiver is intended for nonemergency and unique events, and is subject to conditions imposed by the Administrator.\n\n(d) Waivers may only be granted from one or more of the requirements contained in the following parts and sections of the FMCSRs:\n\n(1) Part 380\u2014Special Training Requirements;\n\n(2) Part 382\u2014Controlled Substances and Alcohol Use and Testing;\n\n(3) Part 383\u2014Commercial Driver's License Standards; Requirements and Penalties;\n\n(4) Part 384\u2014State Compliance with Commercial Driver's License Program;\n\n(5) \u00a7 390.19 Motor Carrier Identification Report;\n\n(6) \u00a7 390.21 Marking of commercial motor vehicles;\n\n(7) Part 391\u2014Qualifications of Drivers;\n\n(8) Part 392\u2014Driving of Commercial Motor Vehicles;\n\n(9) Part 393\u2014Parts and Accessories Necessary for Safe Operation;\n\n(10) Part 395\u2014Hours of Service of Drivers;\n\n(11) Part 396\u2014Inspection, Repair, and Maintenance (except \u00a7 396.25); and\n\n(12) Part 399\u2014Step, Handhold and Deck Requirements."], ["49:49:5.1.1.2.23.2.11.2", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "B", "Subpart B\u2014Procedures for Requesting Waivers", "", "\u00a7 381.205 How do I determine when I may request a waiver?", "FHWA", "", "", "", "(a) You may request a waiver if one or more FMCSR would prevent you from using or operating CMVs, or make it unreasonably difficult to do so, during a unique, non-emergency event that will take no more than three months to complete.\n\n(b) Before you decide to request a waiver, you should carefully review the regulation to determine whether there are any practical alternatives already available that would allow your use or operation of CMVs during the event. You should also determine whether you need a waiver from all of the requirements in one or more parts of the regulations, or whether a more limited waiver of certain sections within one or more of the parts of the regulations would provide an acceptable level of regulatory relief. For example, if you need relief from one of the recordkeeping requirements concerning driver qualifications, you should not request relief from all of the requirements of part 391."], ["49:49:5.1.1.2.23.2.11.3", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "B", "Subpart B\u2014Procedures for Requesting Waivers", "", "\u00a7 381.210 How do I request a waiver?", "FHWA", "", "", "[72 FR 67608, Dec. 8, 1998, as amended at 72 FR 55699, Oct. 1, 2007; 89 FR 90619, Nov. 18, 2024]", "(a) You must send a written request (for example, a typed or handwritten (printed) letter), which includes all of the information required by this section, to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.\n\n(b) You must identify the person who would be covered by the waiver. The application for a waiver must include:\n\n(1) Your name, job title, mailing address, and daytime telephone number;\n\n(2) The name of the individual, motor carrier, or other entity that would be responsible for the use or operation of CMVs during the unique, non-emergency event;\n\n(3) Principal place of business for the motor carrier or other entity (street address, city, State, and zip code); and\n\n(4) The USDOT identification number for the motor carrier, if applicable.\n\n(c) You must provide a written statement that:\n\n(1) Describes the unique, non-emergency event for which the waiver would be used, including the time period during which the waiver is needed;\n\n(2) Identifies the regulation that you believe needs to be waived;\n\n(3) Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the waiver; and\n\n(4) Explains how you would ensure that you could likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver."], ["49:49:5.1.1.2.23.2.11.4", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "B", "Subpart B\u2014Procedures for Requesting Waivers", "", "\u00a7 381.215 What will the FMCSA do after the agency receives my request for a waiver?", "FHWA", "", "", "", "(a) The Federal Motor Carrier Safety Administration will review your request and make a recommendation to the Administrator. The final decision whether to grant or deny the application for a waiver will be made by the Administrator.\n\n(b) After a decision is signed by the Administrator, you will be sent a copy of the document, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver."], ["49:49:5.1.1.2.23.2.11.5", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "B", "Subpart B\u2014Procedures for Requesting Waivers", "", "\u00a7 381.220 How long will it take the agency to respond to my request for a waiver?", "FHWA", "", "", "", "You should receive a response from the agency within 60 calendar days from the date the Administrator receives your request. However, depending on the complexity of the issues discussed in your application, and the availability of staff to review the material, a final decision may take up to 120 days."], ["49:49:5.1.1.2.23.2.11.6", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "B", "Subpart B\u2014Procedures for Requesting Waivers", "", "\u00a7 381.225 Who should I contact if I have questions about the information I am required to submit to FMCSA or about the status of my request for a waiver?", "FHWA", "", "", "[88 FR 80180, Nov. 17, 2023]", "You should contact the Federal Motor Carrier Safety Administration, Office of Carrier, Driver & Vehicle Safety (MC-PS), 1200 New Jersey Ave. SE, Washington, DC 20590-0001."], ["49:49:5.1.1.2.23.3.11.1", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.300 What is an exemption?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 81 FR 47720, July 22, 2016; 86 FR 35639, July 7, 2021]", "(a) An exemption is temporary regulatory relief from one or more FMCSR given to a person or class of persons subject to the regulations, or who intend to engage in an activity that would make them subject to the regulations.\n\n(b) An exemption provides the person or class of persons with relief from the regulations for up to 5 years, and may be renewed, upon request, for subsequent 5-year periods.\n\n(c) Exemptions may only be granted from one or more of the requirements contained in the following parts and sections of the FMCSRs:\n\n(1) Part 380\u2014Special Training Requirements;\n\n(2) Part 382\u2014Controlled Substances and Alcohol Use and Testing;\n\n(3) Part 383\u2014Commercial Driver's License Standards; Requirements and Penalties;\n\n(4) Part 384\u2014State Compliance with Commercial Driver's License Program;\n\n(5) Part 391\u2014Qualifications of Drivers;\n\n(6) Part 392\u2014Driving of Commercial Motor Vehicles;\n\n(7) Part 393\u2014Parts and Accessories Necessary for Safe Operation;\n\n(8) Part 395\u2014Hours of Service of Drivers;\n\n(9) Part 396\u2014Inspection, Repair, and Maintenance (except for \u00a7 396.25); and\n\n(10) Part 399\u2014Step, Handhold and Deck Requirements."], ["49:49:5.1.1.2.23.3.11.2", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.305 How do I determine when I may apply for an exemption?", "FHWA", "", "", "", "(a) You may apply for an exemption if one or more FMCSR prevents you from implementing more efficient or effective operations that would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption.\n\n(b) Before you decide to apply for an exemption you should carefully review the regulation to determine whether there are any practical alternatives already available that would allow you to conduct your motor carrier operations. You should also determine whether you need an exemption from all of the requirements in one or more parts of the regulations, or whether a more limited exemption from certain sections within one or more parts of the regulations would provide an acceptable level of regulatory relief. For example, if you need regulatory relief from one of the recordkeeping requirements concerning driver qualifications, you should not request regulatory relief from all of the requirements of part 391."], ["49:49:5.1.1.2.23.3.11.3", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.310 How do I apply for an exemption?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007; 69 FR 29404, May 21, 2004, 78 FR 58479, Sept. 24, 2013; 89 FR 90619, Nov. 18, 2024]", "(a) You must send a written request (for example, a typed or handwritten (printed) letter), which includes all of the information required by this section, to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.\n\n(b) You must identify the person or class of persons who would be covered by the exemption. The application for an exemption must include:\n\n(1) Your name, job title, mailing address, and daytime telephone number;\n\n(2) The name of the individual or motor carrier that would be responsible for the use or operation of CMVs;\n\n(3) Principal place of business for the motor carrier (street address, city, State, and zip code); and\n\n(4) The USDOT identification number for the motor carrier.\n\n(c) You must provide a written statement that:\n\n(1) Describes the reason the exemption is needed, including the time period during which it is needed;\n\n(2) Identifies the regulation from which you would like to be exempted;\n\n(3) Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the exemption;\n\n(4) Assesses the safety impacts the exemption may have;\n\n(5) Explains how you would ensure that you could likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved absent such exemption; and\n\n(6) Describes the impacts (e.g., inability to test innovative safety management control systems, etc.) you could experience if the exemption is not granted by the FMCSA.\n\n(d) Your application must include a copy of all research reports, technical papers, and other publications and documents you reference."], ["49:49:5.1.1.2.23.3.11.4", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.315 What will FMCSA do after the agency receives my application for an exemption?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007; 88 FR 80180, Nov. 17, 2023]", "(a) The Federal Motor Carrier Safety Administration will review your application and prepare, for the Administrator's signature, a  Federal Register  notice requesting public comment on your application for an exemption. The notice will give the public an opportunity to review your request and your safety assessment or analysis (required by \u00a7 381.310) and any other relevant information known to the agency.\n\n(b) After a review of the comments received in response to the  Federal Register  notice described in paragraph (a) of this section, the Federal Motor Carrier Safety Administration will make a recommendation(s) to the Administrator either to grant or to deny the exemption. Notice of the Administrator's decision will be published in the  Federal Register .\n\n(c)(1) If the exemption is granted, the notice will identify the provisions of the FMCSRs from which you will be exempt, the effective period, and all terms and conditions of the exemption.\n\n(2) If the exemption is denied, the notice will explain the reason for the denial.\n\n(d) A copy of your application for an exemption and all comments received in response to the  Federal Register  notice will be included in a public docket and be available for review by interested parties.\n\n(1) Interested parties may view the information contained in the docket by visiting Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001. All information in the exemption docket will be available for examination at this address from 10 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays.\n\n(2) Internet users can access all information received by Dockets Operations, U.S. Department of Transportation by using the Federal Docket Management System using the uniform resources locator (URL):  https://www.regulations.gov.  It is available 24 hours each day, 365 days each year. Please follow the instructions online for more information and help."], ["49:49:5.1.1.2.23.3.11.5", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.317 May I resubmit my application for exemption if it is denied?", "FHWA", "", "", "[81 FR 47720, July 22, 2016]", "If the Administrator denies your application for exemption and you can reasonably address the reasons for denial, you may resubmit your application following the procedures in \u00a7 381.310."], ["49:49:5.1.1.2.23.3.11.6", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.320 How long will it take the agency to respond to my application for an exemption?", "FHWA", "", "", "", "The agency will attempt to issue a final decision within 180 days of the date it receives your application. However, if you leave out important details or other information necessary for the FMCSA to prepare a meaningful request for public comments, the agency will attempt to issue a final decision within 180 days of the date it receives the additional information."], ["49:49:5.1.1.2.23.3.11.7", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.325 Who should I contact if I have questions about the information I am required to submit to the FMCSA or about the status of my application for an exemption?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007]", "You should contact the Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001."], ["49:49:5.1.1.2.23.3.11.8", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "C", "Subpart C\u2014Procedures for Applying for Exemptions", "", "\u00a7 381.330 What am I required to do if the FMCSA grants my application for an exemption?", "FHWA", "", "", "", "(a) You must comply with all the terms and conditions of the exemption.\n\n(b) The FMCSA will immediately revoke your exemption if:\n\n(1) You fail to comply with the terms and conditions of the exemption;\n\n(2) The exemption has resulted in a lower level of safety than was maintained before the exemption was granted; or\n\n(3) Continuation of the exemption is determined by the FMCSA to be inconsistent with the goals and objectives of the FMCSRs."], ["49:49:5.1.1.2.23.4.11.1", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "D", "Subpart D\u2014Initiation of Pilot Programs", "", "\u00a7 381.400 What is a pilot program?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 86 FR 35639, July 7, 2021]", "(a) A pilot program is a study in which temporary regulatory relief from one or more FMCSR is given to a person or class of persons subject to the regulations, or a person or class of persons who intend to engage in an activity that would be subject to the regulations.\n\n(b) During a pilot program, the participants would be given an exemption from one or more sections or parts of the regulations for a period of up to three years.\n\n(c) A pilot program is intended for use in collecting specific data for evaluating alternatives to the regulations or innovative approaches to safety while ensuring that the safety performance goals of the regulations are satisfied.\n\n(d) The number of participants in the pilot program must be large enough to ensure statistically valid findings.\n\n(e) Pilot programs must include an oversight plan to ensure that participants comply with the terms and conditions of participation, and procedures to protect the health and safety of study participants and the general public.\n\n(f) Exemptions for pilot programs may be granted only from one or more of the requirements contained in the following parts and sections of the FMCSRs:\n\n(1) Part 380\u2014Special Training Requirements;\n\n(2) Part 382\u2014Controlled Substances and Alcohol Use and Testing;\n\n(3) Part 383\u2014Commercial Driver's License Standards; Requirements and Penalties;\n\n(4) Part 384\u2014State Compliance with Commercial Driver's License Program;\n\n(5) Part 391\u2014Qualifications of Drivers;\n\n(6) Part 392\u2014Driving of Commercial Motor Vehicles;\n\n(7) Part 393\u2014Parts and Accessories Necessary for Safe Operation;\n\n(8) Part 395\u2014Hours of Service of Drivers;\n\n(9) Part 396\u2014Inspection, Repair, and Maintenance (except for \u00a7 396.25); and\n\n(10) Part 399\u2014Step, Handhold and Deck Requirements."], ["49:49:5.1.1.2.23.4.11.2", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "D", "Subpart D\u2014Initiation of Pilot Programs", "", "\u00a7 381.405 Who determines whether a pilot program should be initiated?", "FHWA", "", "", "", "(a) Generally, pilot programs are initiated by the FMCSA when the agency determines that there may be an effective alternative to one or more of the requirements in the FMCSRs, but does not have sufficient research data to support the development of a notice of proposed rulemaking to change the regulation.\n\n(b) You may request the FMCSA to initiate a pilot program. However, the decision of whether to propose a pilot program will be made at the discretion of the FMCSA. The FMCSA is not required to publish a notice in the  Federal Register  requesting public comment on your ideas or suggestions for pilot programs."], ["49:49:5.1.1.2.23.4.11.3", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "D", "Subpart D\u2014Initiation of Pilot Programs", "", "\u00a7 381.410 What may I do if I have an idea or suggestion for a pilot program?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007; 78 FR 58479, Sept. 24, 2013]", "(a) You may send a written statement (for example, a typed or handwritten (printed) letter) to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.\n\n(b) You should identify the persons or class of persons who would be covered by the pilot program exemptions. Your letter should include:\n\n(1) Your name, job title, mailing address, and daytime telephone number;\n\n(2) The name of the individuals or motor carrier that would be responsible for the use or operation of CMVs covered by the pilot program, if there are motor carriers that have expressed an interest in participating in the program;\n\n(3) Principal place of business for the motor carrier (street address, city, State, and zip code); and\n\n(4) The USDOT identification number for the motor carrier.\n\n(c) You should provide a written statement that:\n\n(1) Presents your estimate of the potential benefits to the motor carrier industry, the FMCSA, and the general public if the pilot program is conducted, and describes how you developed your estimate;\n\n(2) Estimates of the amount of time that would be needed to conduct the pilot program (e.g., the time needed to complete the collection and analysis of data);\n\n(3) Identifies the regulation from which the participants would need to be exempted;\n\n(4) Recommends a reasonable number of participants necessary to yield statistically valid findings;\n\n(5) Provides ideas or suggestions for a monitoring plan to ensure that participants comply with the terms and conditions of participation;\n\n(6) Provides ideas or suggestions for a plan to protect the health and safety of study participants and the general public.\n\n(7) Assesses the safety impacts the pilot program exemption may have; and\n\n(8) Provides recommendations on how the safety measures in the pilot project would be designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.\n\n(d) Your recommendation should include a copy of all research reports, technical papers, publications and other documents you reference."], ["49:49:5.1.1.2.23.4.11.4", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "D", "Subpart D\u2014Initiation of Pilot Programs", "", "\u00a7 381.415 Who should I contact if I have questions about the information to be included in my suggestion?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007]", "You should contact the Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001."], ["49:49:5.1.1.2.23.4.11.5", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "D", "Subpart D\u2014Initiation of Pilot Programs", "", "\u00a7 381.420 What will the FMCSA do after the agency receives my suggestion for a pilot program?", "FHWA", "", "", "", "(a) The Federal Motor Carrier Safety Administration will review your suggestion for a pilot program and make a recommendation to the Administrator. The final decision whether to propose the development of a pilot program based upon your recommendation will be made by the Administrator.\n\n(b) You will be sent a copy of the Administrator's decision. If the pilot program is approved, the agency will follow the administrative procedures contained in subpart E of this part."], ["49:49:5.1.1.2.23.5.11.1", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "E", "Subpart E\u2014Administrative Procedures for Pilot Programs", "", "\u00a7 381.500 What are the general requirements the agency must satisfy in conducting a pilot program?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 78 FR 60231, Oct. 1, 2013]", "(a) The FMCSA may conduct pilot programs to evaluate alternatives to regulations, or innovative approaches, concerning motor carrier, CMV, and driver safety.\n\n(b) Pilot programs may include exemptions from the regulations listed in \u00a7 381.400(f) of this part.\n\n(c) Pilot programs must, at a minimum, include all of the program elements listed in \u00a7 381.505.\n\n(d) The FMCSA will publish a detailed description of each pilot program, including the exemptions to be considered, and provide notice and an opportunity for public comment before the effective date of the pilot program."], ["49:49:5.1.1.2.23.5.11.2", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "E", "Subpart E\u2014Administrative Procedures for Pilot Programs", "", "\u00a7 381.505 What are the minimum elements required for a pilot program?", "FHWA", "", "", "[63 FR 67608, Dec. 8, 1998, as amended at 89 FR 90619, Nov. 18, 2024]", "(a)  Safety measures.  Before granting exemptions for a pilot program, the FMCSA will ensure that the safety measures in a pilot program are designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would otherwise be achieved through compliance with the regulations prescribed.\n\n(b)  Pilot program plan.  Before initiating a pilot program, the FMCSA will ensure that there is a pilot program plan which includes the following elements:\n\n(1) A scheduled duration of three years or less;\n\n(2) A specific data collection and safety analysis plan that identifies a method of comparing the safety performance for motor carriers, CMVs, and drivers operating under the terms and conditions of the pilot program, with the safety performance of motor carriers, CMVs, and drivers that comply with the regulation;\n\n(3) A reasonable number of participants necessary to yield statistically valid findings;\n\n(4) A monitoring plan to ensure that participants comply with the terms and conditions of participation in the pilot program;\n\n(5) Adequate safeguards to protect the health and safety of study participants and the general public; and\n\n(6) A plan to inform the States and the public about the pilot program and to identify approved participants to enforcement personnel and the general public."], ["49:49:5.1.1.2.23.5.11.3", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "E", "Subpart E\u2014Administrative Procedures for Pilot Programs", "", "\u00a7 381.510 May the FMCSA end a pilot program before its scheduled completion date?", "FHWA", "", "", "", "The FMCSA will immediately terminate a pilot program if there is reason to believe the program is not achieving a level of safety that is at least equivalent to the level of safety that would be achieved by complying with the regulations."], ["49:49:5.1.1.2.23.5.11.4", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "E", "Subpart E\u2014Administrative Procedures for Pilot Programs", "", "\u00a7 381.515 May the FMCSA remove approved participants from a pilot program?", "FHWA", "", "", "", "The Administrator will immediately revoke participation in a pilot program of a motor carrier, CMV, or driver for failure to comply with the terms and conditions of the pilot program, or if continued participation is inconsistent with the goals and objectives of the safety regulations."], ["49:49:5.1.1.2.23.5.11.5", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "E", "Subpart E\u2014Administrative Procedures for Pilot Programs", "", "\u00a7 381.520 What will the FMCSA do with the results from a pilot program?", "FHWA", "", "", "", "At the conclusion of each pilot program, the FMCSA will report to Congress the findings and conclusions of the program and any recommendations it considers appropriate, including suggested amendments to laws and regulations that would enhance motor carrier, CMV, and driver safety and improve compliance with the FMCSRs."], ["49:49:5.1.1.2.23.6.11.1", 49, "Transportation", "III", "B", "381", "PART 381\u2014WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS", "F", "Subpart F\u2014Preemption of State Rules", "", "\u00a7 381.600 Do waivers, exemptions, and pilot programs preempt State laws and regulations?", "FHWA", "", "", "", "Yes. During the time period that a waiver, exemption, or pilot program authorized by this part is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with the waiver, exemption, or pilot program with respect to a person operating under the waiver or exemption or participating in the pilot program."], ["9:9:2.0.2.1.35.1.40.1", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "A", "Subpart A\u2014Definitions", "", "\u00a7 381.1 Definitions.", "FSIS", "", "", "[37 FR 9706; May 16, 1972, as amended at 39 FR 4568, Feb. 5, 1974; 40 FR 42338, Sept. 12, 1975; 48 FR 6091, Feb. 10, 1983; 49 FR 2236, Jan. 19, 1984; 49 FR 3643, Jan. 30, 1984; 49 FR 47478, Dec. 5, 1984; 51 FR 37709, Oct. 24, 1986; 64 FR 745, Jan. 6, 1999; 64 FR 56416, Oct. 20, 1999; 66 FR 1770, Jan. 9, 2001; 66 FR 22905, May 7, 2001; 67 FR 13258, Mar. 22, 2002; 69 FR 255, Jan. 5, 2004; 79 FR 56233, Sept. 19, 2014]", "(a) For the purposes of the regulations in this part, unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa.\n\n(b) For the purposes of such regulations, unless otherwise required by the context, the following terms shall be construed, respectively, to mean:\n\nAcceptable.  \u201cAcceptable\u201d means suitable for the purpose intended and acceptable to the Administrator.\n\nAct.  \u201cAct\u201d means the Poultry Products Inspection Act (71 Stat. 441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451  et seq. ).\n\nAdulterated.  \u201cAdulterated\u201d applies to any poultry product under one or more of the following circumstances:\n\n(i) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health;\n\n(ii)( a ) If it bears or contains (by reason of administration of any substance to the live poultry or otherwise) any added poisonous or added deleterious substance (other than one which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive) which may, in the judgment of the Administrator, make such article unfit for human food;\n\n( b ) If it is, in whole or part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act;\n\n( c ) If it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;\n\n( d ) If it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act:\n\nProvided,  That an article which is not otherwise deemed adulterated under paragraphs (b)(4)(ii) ( b ), ( c ), or ( d ) of this section shall nevertheless be deemed adulterated if use of the pesticide chemical, food additive, or color additive in or on such article is prohibited by the regulations in this part in official establishments;\n\n(iii) If it consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;\n\n(iv) If it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;\n\n(v) If it is, in whole or in part, the product of any poultry which has died otherwise than by slaughter;\n\n(vi) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;\n\n(vii) If it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act; or\n\n(viii) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or if any substance has been substituted, wholly or in part therefor; or if damage or inferiority has been concealed in any manner; or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.\n\nAnimal food.  Any article intended for use as food for dogs, cats, or other animals, derived wholly, or in part, from carcasses or parts or products of the carcass of poultry, except that the term animal food as used herein does not include (i) processed dry animal food or (ii) livestock or poultry feeds manufactured from processed poultry byproducts (such as poultry byproduct meal, hydrolyzed poultry feathers, and hydrolyzed poultry byproducts aggregate).\n\nAnimal food manufacturer.  \u201cAnimal Food Manufacturer\u201d means any person engaged in the business of manufacturing or processing animal food.\n\nApplicant.  \u201cApplicant\u201d means any person who requests inspection service, exemption, or other authorization under the regulations.\n\nBiological residue.  \u201cBiological Residue\u201d means any substance, including metabolites, remaining in poultry at the time of slaughter or in any of its tissues after slaughter, as the result of treatment or exposure of the live poultry to a pesticide, organic compound, metallic or other inorganic compound, hormone, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other agent that leaves a residue.\n\nCapable of use as human food.  The term \u201ccapable of use as human food\u201d applies to any carcass, or part or product of a carcass of any poultry, unless it is denatured or otherwise identified as required by the regulations, or it is naturally inedible by humans.\n\nCarcass.  This term means all parts, including viscera, of any slaughtered poultry.\n\nCommerce.  \u201cCommerce\u201d means commerce between any State, any territory, or the District of Columbia, and any place outside thereof; or within any territory not organized with a legislative body, or the District of Columbia.\n\nConsumer package.  \u201cConsumer package\u201d means any container in which a poultry product is enclosed for the purpose of display and sale to household consumers.\n\nContainer.  The term \u201ccontainer\u201d includes any box, can, tin, cloth, plastic, or any other receptacle, wrapper, or cover.\n\nEdible.  This term means that an article is intended for use as human food.\n\nEgg Products Inspection Act.  \u201cEgg Products Inspection Act\u201d means the Act so entitled, approved December 29, 1970 (84 Stat. 1620, 21 U.S.C. 1031  et seq. ).\n\nFederal Food, Drug, and Cosmetic Act.  \u201cFederal Food, Drug, and Cosmetic Act\u201d means the Act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto (21 U.S.C. 301  et seq. ).\n\nFederal Meat Inspection Act.  \u201cFederal Meat Inspection Act\u201d means the Act so entitled, approved March 4, 1907, 34 Stat. 1260, as amended by the Wholesome Meat Act, 81 Stat. 584 (21 U.S.C. 601  et seq. ).\n\nFree from protruding pinfeathers.  \u201cFree from protruding pinfeathers\u201d means that the carcass is free from protruding pinfeathers which are visible to an inspector during an examination of the carcass at normal operating speeds. However, a carcass may be considered as being free from protruding pinfeathers if it has a generally clean appearance (especially on the breast), and if not more than an occasional protruding pinfeather is in evidence during a more careful examination of the carcass.\n\nGiblets.  \u201cGiblets\u201d means the liver from which the bile sac has been removed, the heart from which the pericardial sac has been removed, and the gizzard from which the lining and contents have been removed:  Provided,  That each such organ has been properly trimmed and washed.\n\nImmediate container.  \u201cImmediate container\u201d includes any consumer package; or any other container in which poultry products, not consumer packaged, are packed.\n\nInedible.  This term means any carcass or any part of a carcass that is either naturally inedible by humans or is rendered unfit for human food by reason of adulteration or denaturing.\n\nInspected for wholesomeness.  This term means that the poultry product so identified has been inspected and was found at the time of such inspection to be not adulterated.\n\nInspection.  \u201cInspection\u201d means any inspection required by the regulations to determine whether any poultry or poultry products comply with the requirements of the Act and the regulations.\n\nLabel.  This term applies to any display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article.\n\nLabeling.  This term applies to all labels and other written, printed, or graphic matter (i) upon any article or any of its containers or wrappers, or (ii) accompanying such article.\n\nMisbranded.  This term applies to any poultry product under one or more of the following circumstances:\n\n(i) If its labeling is false or misleading in any particular;\n\n(ii) If it is offered for sale under the name of another food;\n\n(iii) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word \u201cimitation\u201d and immediately thereafter, the name of the food imitated;\n\n(iv) If its container is so made, formed, or filled as to be misleading;\n\n(v) If in a package or other container, unless it bears a label showing:\n\n( a ) The name and place of business of the manufacturer, packer, or distributor; and\n\n( b ) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; except as otherwise provided in \u00a7 381.121(a) with respect to the quantity of contents;\n\n(vi) If any word, statement, or other information required by or under authority of the Act to appear on the label or other labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;\n\n(vii) If it purports to be or is represented as a food for which a definition and standard of identity or composition is prescribed by the regulations in subpart P of this part unless:\n\n( a ) It conforms to such definition and standard, and\n\n( b ) Its label bears the name of the food specified in the definition and standard, and insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food.\n\n(viii) If it purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary, \n 2 \n   and falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard;\n\n2  No such standards are currently in effect. However, \u00a7 381.129 prohibits the use of false or misleading containers.\n\n(ix) If it is not subject to the provisions of paragraph (b)(vii) of this section, unless its label bears:\n\n( a ) The common or usual name of the food, if any there be, and\n\n( b ) In case it is fabricated from two or more ingredients, the common or usual name of each ingredient, except as otherwise provided in \u00a7 381.118(c);\n\n(x) If it purports to be or is represented for special dietary uses, unless the label bears such information concerning its vitamin, mineral, and other dietary properties as is required by \u00a7 381.124;\n\n(xi) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears a label stating that fact; except as otherwise provided in \u00a7 381.119, or\n\n(xii) If it fails to bear, directly thereon or on its containers, when required by \u00a7 381.123, the official inspection legend and the official establishment number of the establishment where the product was processed; and unrestricted by any of the foregoing; such other information as the Administrator may require in the regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.\n\nNonfood compounds.  Any substance proposed for use in official establishments, the intended use of which will not result, directly or indirectly, in the substance becoming a component or otherwise affecting the characteristics of poultry or poultry products, excluding labeling and packaging materials as covered in subpart N of this part.\n\nOfficial certificate.  This term means any certificate prescribed in subpart M of this part relating to poultry or poultry products.\n\nOfficial device.  This term means any label or other device prescribed in subpart M of this part for use in applying any official mark.\n\nOfficial establishment.  \u201cOfficial establishment\u201d means any establishment as determined by the Administrator at which inspection of the slaughter of poultry, or the processing of poultry products, is maintained pursuant to the regulations.\n\nOfficial import inspection establishment.  This term means any establishment, other than an official establishment as defined in this definition where inspections are authorized to be conducted as prescribed in \u00a7 381.199.\n\nOfficial inspection legend.  This term means the official inspection mark prescribed in \u00a7 381.96 or the official poultry identification mark prescribed in \u00a7 381.97, showing that an article was inspected for wholesomeness and passed in accordance with the Act.\n\nOfficial mark.  This term means any symbol prescribed in subpart M of this part to identify the status of any article or poultry under the Act.\n\nPackaging material.  Any cloth, paper, plastic, metal, or other material used to form a container, wrapper, label, or cover for poultry products.\n\nPesticide chemical, food additive, color additive, raw agricultural commodity.  These terms shall have the same meanings for the purposes of the Act and the regulations as under the Federal Food, Drug, and Cosmetic Act.\n\nPoultry.  \u201cPoultry\u201d means any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs, also termed young pigeons from one to about thirty days of age), whether live or dead.\n\nPoultry product.  (i) This term means any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting those exempted from definition as a poultry product in \u00a7 381.15. Except where the context requires otherwise (e.g., in paragraph (b)(42) of this section), this term is limited to articles capable of use as human food.\n\n(ii)  Poultry food product.  This term means any product capable of use as human food which is made in part from any poultry carcass or part thereof, excepting those exempted from definition as a poultry product in \u00a7 381.15.\n\nPoultry products broker.  \u201cPoultry products broker\u201d means any person engaged in the business of buying or selling poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.\n\nProcess.  Process used as a verb means to conduct any operation or combination of operations, whereby poultry is slaughtered, eviscerated, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. The term \u201cprocess\u201d does not refer to freezing of poultry products, except when freezing is incidental to operations otherwise classed as \u201cprocessing\u201d under this paragraph.\n\nProcess authority.  A person or organization with expert knowledge in poultry production process control and relevant regulations.\n\nProcess schedule.  A written description of processing procedures, consisting of any number of specific, distinct, and ordered operations directly under control of the establishment employed in the manufacture of a specific product, including the control, monitoring, verification, validation, and corrective action activities associated with production.\n\nReady-to-cook poultry.  \u201cReady-to-cook poultry\u201d means any slaughtered poultry free from protruding pinfeathers and vestigial feathers (hair or down), from which the head, feet, crop, oil gland, trachea, esophagus, entrails, and lungs have been removed, and from which the mature reproductive organs and kidneys may have been removed, and with or without the giblets, and which is suitable for cooking without need of further processing. Ready-to-cook poultry also means any cut-up or disjointed portion of poultry or other parts of poultry, such as reproductive organs, head, or feet that are suitable for cooking without need of further processing.\n\nRegulations.  \u201cRegulations\u201d means the provisions of this entire part.\n\nRenderer.  \u201cRenderer\u201d means any person engaged in the business of rendering carcasses, or parts or products of the carcasses, of poultry, except rendering conducted under inspection or exemption pursuant to the regulations.\n\nShipping container.  \u201cShipping container\u201d means any container used or intended for use in packaging the product packed in an immediate container.\n\nSlaughter.  \u201cSlaughter\u201d means the act of killing poultry for human food.\n\nState.  Except as otherwise provided in \u00a7 381.220 \u201cState\u201d means any State of the United States and the Commonwealth of Puerto Rico.\n\nSupervision.  This term means the controls, as prescribed in instructions to Inspection Service employees, to be exercised by them over particular operations to insure that such operations are conducted in compliance with the Act and the regulations in this part.\n\nTerritory.  The term \u201cterritory\u201d means Guam, the Virgin Islands of the United States, American Samoa, and any other territory or possession of the United States, excluding the Canal Zone.\n\nUnited States.  This term means the States, the District of Columbia, and the territories of the United States.\n\nU.S. Condemned.  This term means that the poultry carcass, or part or product of a poultry carcass, so identified was inspected and found to be adulterated and is condemned.\n\nU.S. Detained.  This term is applicable to poultry, poultry products, and other articles which are held in official custody in accordance with section 19 of the Act and \u00a7 381.210, pending disposal as provided in said section 19.\n\nU.S. Refused Entry.  This term means that the slaughtered poultry or other poultry product so identified was presented for inspection for entry into the United States and was found not to comply with the requirements of the Act.\n\nU.S. Rejected.  This term means that the equipment or facility so identified is prohibited from being used in the processing of any poultry or poultry product until such equipment or facility is found by an inspector to be sanitary and otherwise eligible for use under the regulations.\n\nU.S. Retained.  This term means that the poultry or carcass, or part or product of a carcass, of poultry so identified is held at an official establishment by the inspection service for further determination as to its disposal.\n\n(c) For the purposes of the standard for cooked, smoked sausage (\u00a7 319.180 of this chapter), the term \u201cpoultry byproduct\u201d means the skin, fat, gizzard, heart, or liver, or any combination thereof, of any poultry."], ["9:9:2.0.2.1.35.10.40.1", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "J", "Subpart J\u2014Ante Mortem Inspection", "", "\u00a7 381.70 Ante mortem inspection; when required; extent.", "FSIS", "", "", "[37 FR 9706, May 16, 1972, as amended at 66 FR 22906, May 7, 2001]", "(a) An ante mortem inspection of poultry shall, where and to the extent considered necessary by the Administrator and under such instructions as he may issue from time to time, be made of poultry on the day of slaughter in any official establishment.\n\n(b) The examination and inspection of ratites will be on the day of slaughter, except:\n\n(1) When it is necessary for humane reasons to slaughter an injured animal at night or on a Sunday or holiday, and the FSIS veterinary medical officer cannot be obtained; or\n\n(2) In low volume establishments, when ante mortem inspection cannot be done on the day of slaughter, and the birds to be slaughtered have received ante mortem inspection in the last 24 hours, provided the establishment has an identification and control system over birds that have received ante mortem inspection."], ["9:9:2.0.2.1.35.10.40.2", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "J", "Subpart J\u2014Ante Mortem Inspection", "", "\u00a7 381.71 Condemnation on ante mortem inspection.", "FSIS", "", "", "[37 FR 9706, May 16, 1972, as amended at 66 FR 22906, May 7, 2001; 67 FR 13258, Mar. 22, 2002]", "(a) Birds plainly showing on ante mortem inspection any disease or condition, that under \u00a7\u00a7 381.80 to 381.93, inclusive, would cause condemnation of their carcasses on post mortem inspection, shall be condemned. Birds which on ante mortem inspection are condemned shall not be dressed, nor shall they be conveyed into any department of the official establishment where poultry products are prepared or held. Poultry which has been condemned on ante mortem inspection and has been killed or died otherwise shall under the supervision of an inspector of the Inspection Service, be disposed of as provided in \u00a7 381.95.\n\n(b) Dead-on-arrival ratites and ratites condemned on ante mortem inspection will be tagged \u201cU.S. Condemned\u201d by an establishment employee under FSIS supervision and disposed of by one of the methods prescribed in \u00a7 381.95.\n\n(c) All seriously crippled ratites and non-ambulatory ratites, commonly termed \u201cdowners,\u201d shall be identified as \u201cU.S. Suspects.\u201d\n\n(d) Ratites exhibiting signs of drug or chemical poisoning shall be withheld from slaughter.\n\n(e) Ratites identified as \u201cU.S. Suspects\u201d or \u201cU.S. Condemned\u201d may be set aside for treatment. The \u201cU.S. Suspect\u201d or \u201cU.S. Condemned\u201d identification device will be removed by an establishment employee under FSIS supervision following treatment if the bird is found to be free of disease. Such a bird found to have recovered from the condition for which it was treated may be released for slaughter or for purposes other than slaughter, provided that in the latter instance permission is first obtained from the local, State, or Federal sanitary official having jurisdiction over movement of such birds.\n\n(f) When it is necessary for humane reasons to slaughter an injured ratite at night or Sunday or a holiday, and the Agency veterinary medical officer cannot be obtained, the carcass and all parts shall be kept for inspection, with the head and all viscera except the gastrointestinal tract held by the natural attachment. If all parts are not so kept for inspection, the carcass shall be condemned. If on inspection of a carcass slaughtered in the absence of an inspector, any lesion or other evidence is found indicating that the bird was sick or diseased, or affected with any other condition requiring condemnation of the animal on ante mortem inspection, or if there is lacking evidence of the condition that rendered emergency slaughter necessary, the carcass shall be condemned. Ratites that are sick, dying, or that have been treated with a drug or chemical and presented for slaughter before the required withdrawal period, are not covered by emergency slaughter provisions."], ["9:9:2.0.2.1.35.10.40.3", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "J", "Subpart J\u2014Ante Mortem Inspection", "", "\u00a7 381.72 Segregation of suspects on ante mortem inspection.", "FSIS", "", "", "[66 FR 22906, May 7, 2001]", "(a) All birds, except ratites, that on ante mortem inspection do not plainly show, but are suspected of being affected with, any disease or condition that under \u00a7\u00a7 381.80 to 381.93 of this Part may cause condemnation in whole or in part on post mortem inspection, shall be segregated from the other poultry and held for separate slaughter, evisceration, and post mortem inspection. The inspector shall be notified when such segregated lots are presented for post mortem inspection, and inspection of such birds shall be conducted separately. Such procedure for the correlation of ante mortem and post mortem findings by the inspector, as may be prescribed or approved by the Administrator, shall be carried out.\n\n(b) All ratites showing symptoms of disease will be segregated, individually tagged as \u201cU.S. Suspects\u201d by establishment personnel under FSIS supervision with a serially numbered metal or plastic leg band or tag bearing the term \u201cU.S. Suspect,\u201d and held for further examination by an FSIS veterinarian. Depending upon the findings of the veterinarian's examination, these birds will either be passed for regular slaughter, slaughtered as suspects, withheld from slaughter, or condemned on ante mortem. Those ratites affected with conditions that would be readily detected on post mortem inspection need not be individually tagged on ante mortem inspection with the \u201cU.S. Suspect\u201d tag provided that such ratites are segregated and otherwise handled as \u201cU.S. Suspects.\u201d All ratites identified as \u201cU.S. Condemned\u201d shall be tagged by establishment personnel, under FSIS supervision, with a serially numbered metal or plastic leg band or tag bearing the term \u201cU.S. Condemned.\u201d"], ["9:9:2.0.2.1.35.10.40.4", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "J", "Subpart J\u2014Ante Mortem Inspection", "", "\u00a7 381.73 Quarantine of diseased poultry.", "FSIS", "", "", "", "If live poultry, which is affected by any contagious disease which is transmissible to man, is brought into an official establishment, such poultry shall be segregated. The slaughtering of such poultry shall be deferred and the poultry shall be dealt with in one of the following ways:\n\n(a) If it is determined by a veterinary inspector that further handling of the poultry will not create a health hazard, the lot shall be slaughtered separately, subject to ante mortem and post mortem inspection pursuant to the regulations.\n\n(b) If it is determined by a veterinary inspector that further handling of the poultry will create a health hazard, such poultry may be released for treatment under the control of an appropriate State or Federal agency. If the circumstances are such that release for treatment is impracticable, a careful bird-by-bird ante mortem inspection shall be made, and all birds found to be, or which are suspected of being, affected with a contagious disease transmissible to man shall be condemned."], ["9:9:2.0.2.1.35.10.40.5", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "J", "Subpart J\u2014Ante Mortem Inspection", "", "\u00a7 381.74 Poultry suspected of having biological residues.", "FSIS", "", "", "[47 FR 41336, Sept. 20, 1982]", "When any poultry at an official establishment is suspected of having been treated with or exposed to any substance that may impart a biological residue that would make their edible tissues adulterated, they shall, at the option of the operator of the establishment, be processed at the establishment and the carcasses and all parts thereof retained under U.S. Retained tags, pending final disposition in accordance with \u00a7 381.80, of this part, and other provisions in subpart K; or they shall be slaughtered at the establishment and buried or incinerated in a manner satisfactory to the inspector. Alternatively, such poultry may be returned to the grower, if further holding is likely to result in their not being adulterated by reason of any residue. The Inspection Service will notify the other Federal and State agencies concerned of such action. To aid in determining the amount of residue present in the poultry, officials of the Inspection Service may permit the slaughter of any such poultry for the purpose of collecting tissues for analysis of the residue. Such analysis may include the use of inplant screening procedures designed to detect the presence of antimicrobial residues in any species of poultry."], ["9:9:2.0.2.1.35.10.40.6", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "J", "Subpart J\u2014Ante Mortem Inspection", "", "\u00a7 381.75 Poultry used for research.", "FSIS", "", "", "[37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974]", "(a) No poultry used in any research investigation involving an experimental biological product, drug, or chemical shall be eligible for slaughter at an official establishment unless the operator of such establishment, the sponsor of the investigation, or the investigator has submitted to the Inspection Service, or the Veterinary Biologics unit of Veterinary Services, Animal and Plant Health Inspection Service of the Department or the Environmental Protection Agency, or the Food and Drug Administration of the Department of Health, Education, and Welfare, data or a summary evaluation of the data which demonstrates that the use of such biological product, drug, or chemical will not result in the products of such poultry being adulterated, and the Administrator has approved such slaughter."], ["9:9:2.0.2.1.35.11.40.1", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.76 Post-mortem inspection under Traditional Inspection, the Streamlined Inspection System (SIS), the New Line Speed (NELS) Inspection System, the New Poultry Inspection System (NPIS), the New Turkey Inspection System (NTI), and Ratite Inspection.", "FSIS", "", "", "[47 FR 23435, May 28, 1982, as amended at 49 FR 42555, Oct. 23, 1984; 50 FR 37513, Sept. 16, 1985; 50 FR 38097, Sept. 20, 1985; 51 FR 3574, Jan. 29, 1986; 53 FR 46861, Nov. 21, 1988; 62 FR 5143, Feb. 4, 1997; 65 FR 34390, May 30, 2000; 66 FR 22906, May 7, 2001; 79 FR 49635, Aug. 21, 2014; 88 FR 55913, Aug. 17, 2023]", "(a) A post-mortem inspection shall be made on a bird-by-bird basis on all poultry eviscerated in every official establishment. Each carcass, or all parts comprising such carcass, must be examined by an inspector, except for parts that are not needed for inspection purposes and are not intended for human food and are condemned. Each carcass eviscerated shall be prepared as ready-to-cook poultry.\n\n(b)(1) There are six systems of post-mortem inspection: the New Poultry Inspection System (NPIS), which may be used for young chickens and turkeys; the Streamlined Inspection System (SIS) and the New Line Speed Inspection System (NELS), both of which may be used only for broilers and cornish game hens; the New Turkey Inspection (NTI) System, which may be used only for turkeys; Traditional Inspection, which may be used for all poultry, except for ratites; and Ratite Inspection.\n\n(i) The SIS shall be used only for broilers and cornish game hens if:\n\n( a ) The Administrator determines that SIS will increase inspector efficiency; or\n\n( b ) The operator requests SIS and the Administrator determines that the system will result in no loss of inspection efficiency.\n\n(ii) The NELS Inspection System shall be used only for broilers and cornish game hens if:\n\n( a ) The operator requests the NELS Inspection System, and\n\n( b ) The Administrator determines that the establishment has the intent and capability to operate at line speeds greater than 70 birds per minute, and meets all the facility requirements in \u00a7 381.36(d).\n\n(iii) The NTI System shall be used only for turkeys if:\n\n( a ) The operator requests it, and\n\n( b ) The Administrator determines that the establishment meets all the facility requirements in \u00a7 381.36(e).\n\n(iv) The NPIS may be used for young chickens and turkeys if the official establishment requests to use it and meets or agrees to meet the requirements of paragraph (b)(6) of this section and the Administrator approves the establishment's request. The Administrator may permit establishments that slaughter classes of poultry other than young chickens and turkeys to operate under the New Poultry Inspection System under a waiver from the provisions of the regulations as provided in \u00a7 381.3(b).\n\n(v) Traditional Inspection shall be used for turkeys when neither the NTI System nor the NPIS is used. For other classes of poultry, Traditional Inspection shall be used when SIS, NELS, and the NPIS are not used.\n\n(2) Official establishments that operate under Traditional Inspection, SIS, NELS, NTI, or Ratite Inspection must meet the following requirements:\n\n(i) No viscera or any part thereof may be removed from any poultry processed in any official establishment, except at the time of post-mortem inspection, unless its identity with the rest of the carcass is maintained in a manner satisfactory to the inspector until such inspection is made.\n\n(ii) Each carcass to be eviscerated must be opened so as to expose the organs and the body cavity for proper examination by the inspector.\n\n(iii) If a carcass is frozen, it must be thoroughly thawed before being opened for examination by an inspector.\n\n(3) The following requirements are applicable to SIS:\n\n(i)  Definitions.  For purposes of this paragraph, the following definitions shall apply:\n\n( a )  Cumulative sum (CUSUM).  A statistical concept used by the establishment and monitored by the inspector whereby compliance is determined based on sample results collected over a period of time. For purposes of determining compliance with the finished product standards, the CUSUM is equal to the sum of prior test results plus the weighted result of the current test minus the tolerance, with the condition that the resulting CUSUM cannot go below zero.\n\n( b )  Tolerance number.  A weighted measure that equates to product being produced at a national product quality level. See Table 2.\n\n( c )  Action number.  A level reached by the CUSUM where the process is out of control and product action is required by the establishment or the inspector. See Table 2.\n\n( d ) \u201cStart number\u201d. A value halfway between zero and the action number. The start number is used to determine the starting CUSUM for the first subgroup of a shift and to reset the CUSUM value if the CUSUM is equal to or greater than the action number. See Table 2.\n\n( e )  Subgroup.  A 10-bird sample collected before product enters the chiller and after product leaves the chiller.\n\n( f )  Subgroup absolute limit.  The tolerance number plus 5. See Table 2.\n\n( g )  Prechill testing.  Testing conducted by the establishment to determine the CUSUM on consecutive 10-bird subgroup samples collected prior to product entering the chilling system.\n\n( h )  Postchill testing.  Testing conducted by the establishment to determine the CUSUM on consecutive 10-bird subgroup samples collected as the product leaves the chilling system.\n\n( i )  Rework.  Reprocessing the product to correct the condition or conditions causing the nonconformances listed in Table 1.\n\n(ii)  General. (a ) Under SIS, one inspector inspects the outside, inside, and viscera of each bird. There may be two inspectors on one processing line, each inspecting every other bird. For the establishment to run its processing line(s) at maximum speed, optimal conditions must be maintained so that inspection may be conducted efficiently. The inspector in charge determines the speed at which each processing line may be operated to permit inspection. A variety of conditions may affect this determination including the health of each flock and the manner in which birds are being presented to the inspector for inspection.\n\n( b ) SIS may be performed by one inspector (SIS-1) or two inspectors (SIS-2). SIS-1 requires that the establishment provide one inspection station for each line and adequate reinspection facilities so carcasses can be removed from each line for evaluation. The maximum line speed for SIS-1 is 35 birds per minute. SIS-2 requires that the establishment provide two inspection stations for each line and adequate reinspection facilities so carcasses can be removed from each line for evaluation. The maximum line speed for SIS-2 is 70 birds per minute.\n\n( c ) Under all inspection systems, including SIS, inspectors conduct post-mortem inspection and look for a number of conditions, as specified elsewhere in this subpart, which may indicate adulteration. Adulterated product is condemned and destroyed, except that carcasses and parts which may be made unadulterated by reprocessing (reworking) may be so reprocessed under the supervision of an inspector and reinspected. Under SIS, inspectors also reinspect product by sampling finished birds (both before and after chilling) for nonconformances with finished product standards (see Table 1). If such nonconformances are present at certain statistical levels, it may indicate process difficulties requiring corrective action by the establishment. If the establishment does not take adequate corrective action, the inspector shall initiate corrective actions such as conducting closer post-mortem inspections and requiring reprocessing and reinspection of previously processed carcasses and parts. Thus, SIS is conducted in two phases\u2014a post-mortem inspection phase and a reinspection phase. The following paragraphs describe the inspection requirements (not addressed elsewhere in this subpart) under each.\n\n(iii)  Post-mortem inspection.  ( a ) Facilities: Each inspection station must comply with the facility requirements in \u00a7 381.36(c).\n\n( b ) Presentation: Each inspector shall be flanked by an establishment employee assigned to be the inspector's helper. The one inspector on the SIS-1 line shall be presented every bird. Each inspector on the SIS-2 line shall be presented every other bird on the line. An establishment employee shall present each bird to the inspector properly eviscerated with the back side toward the inspector and the viscera uniformly trailing or leading. Each inspector shall inspect the inside, viscera, and outside of all birds presented.\n\n( c ) Disposition: The inspector shall determine which birds shall be salvaged, reprocessed, condemned, retained for disposition by the veterinarian, or allowed to proceed down the line as a passed bird subject to trim and reinspection. Carcasses with certain defects not requiring condemnation of the entire carcass shall be passed by the inspector, but shall be subject to reinspection to ensure the physical removal of the defects. The helper, under the supervision of the inspector, shall mark such carcasses for trim when the defects are not readily observable. Trimming of birds passed subject to reinspection shall be performed by:\n\n( 1 ) The helper, time permitting, and\n\n( 2 ) One or more plant trimmers positioned after all giblets are harvested and prior to reinspection.\n\n(iv)  Reinspection.  ( a ) Facilities: Reinspection stations are required at both the prechill and postchill locations. The Agency will determine the number of stations needed in those establishments having more than one processing line or more than one chiller. One or more prechill reinspection stations shall be conveniently located at the end of the line or lines prior to chilling. One or more postchill stations must be conveniently located at the end of the chiller or chillers. The prechill and postchill reinspection stations must meet the following provisions:\n\n( 1 ) Floor space shall consist of 3 feet along each conveyor line. The space shall be level and protected from all traffic and overhead obstructions.\n\n( 2 ) A table at least 2 feet wide and 2 feet deep and 3 feet in height designed to be readily cleanable and drainable shall be provided for reinspecting the sampled birds.\n\n( 3 ) A minimum of 200 foot-candles of shadow-free lighting with a minimum color rendering index of 85 on the table surface.\n\n( 4 ) A separate clip board holder shall be provided for holding the recording sheets.\n\n( 5 ) Hangback racks designed to hold 10 carcasses shall be provided for and positioned within easy reach of the person at the station.\n\n( b ) Disposition: An inspector shall monitor the establishment's application of the Finished Product Standards program and shall take corrective action including retaining product to prevent adulterated product from leaving the establishment when the inspector determines that the establishment has failed to apply the program as prescribed in paragraph (b)(3)(iv)( c ) of this section).\n\n( c ) Finished Product Standards: Finished Product Standards (FPS) are criteria applied to processed birds before and after chill to ensure that the product being produced is consistently wholesome and unadulterated. These criteria consist of nonconformances (listed in Table 1), the incidence of which is determined from 10 bird subgroup samples, reduced to a CUSUM number, and measured against the standards (Table 2). The standards are applied to permit the Agency to estimate when the production process is in control and when it is out of control. The establishment is responsible for maintaining FPS which, in turn, is monitored by the inspector. FPS is applied in two separate parts. The first is called prechill testing. It is designed to ensure that the slaughter and evisceration procedures are in control. Compliance is measured by determining the CUSUM on consecutive 10-bird subgroup samples collected prior to product entering the chilling system. The second part of the FPS is called postchill testing. It is designed to monitor the production through the chill system to ensure that it meets the postchill FPS. This test is independent of the prechill test. Compliance is measured by determining the CUSUM on consecutive 10-bird subgroup samples as they exit the chilling system. When the system is operating within compliance, the establishment applies the FPS to product samples at the prechill reinspection station. Testing time and time between tests are such that birds represented by the test are still within the chiller. If an out-of-compliance condition is found, the product leaving the chiller is segregated for rework and retested before it may proceed into commerce. A second 10 bird subgroup sample of the birds is taken after they leave the chiller to ensure that the product meets the postchill FPS. Since the product is closer to the end of processing, the controls on releasing reworked product are stricter than controls under prechill testing, again to ensure that no adulterated product enters into commerce.\n\n( d )  Prechill testing.  The prechill FPS have been divided into processing and trim categories. The processing category is designed to monitor the output of the dressing and evisceration procedures. The trim category monitors the establishment's ability to remove unwholesome lesions and conditions from inspected and passed carcasses. Each category is monitored independently of the other category using a separate CUSUM for each category.\n\n( 1 )  Actions to be taken when the process is in control.  If the CUSUM is less than the action number and the subgroup absolute limit is not exceeded, the process is judged to be in control.\n\n( i ) Establishment Actions. The establishment shall:\n\n( A ) Randomly select and record subgroup sampling times for each production unit of time before product reaches the prechill reinspection station on the production line. In no case shall the time between tests exceed 1 hour of production time.\n\n( B ) Conduct a 10-bird subgroup test at a random time on each poultry slaughter line. These times are preselected by the establishment and available to the inspector prior to the start of the shift/day's operations. All 10 samples of the subgroup shall be collected at the random time.\n\n( C ) Obtain the weighted value of each nonconformance by multiplying the number recorded for each nonconformance by the \u201cfactor\u201d in Table 1, sum the total of all the nonconformances, and calculate the CUSUM value for that test.\n\n( ii ) Inspector Actions. The inspector shall:\n\n( A ) Select random times for monitoring subgroup tests for each half-shift on the evisceration line. In establishments that have multiple evisceration lines on a production shift, monitor all lines of product at the random times.\n\n( B ) Collect the subgroup samples to be monitored at preselected times. All 10 samples of the subgroup shall be collected at the random time selected in paragraph (b)(3)(iv)( d )( 1 )( ii )( A ) of this section.\n\n( C ) Conduct the 10-bird monitoring subgroup test.\n\n( 2 )  Actions to be taken when the subgroup absolute limit is exceeded.  If either an inspector or establishment subgroup test exceeds the subgroup absolute limit of tolerance plus 5 (T + 5), the establishment shall determine if any of the immediate past 5 plant prechill subgroups for that category (processing or trim) resulted in a CUSUM above the start number.\n\n( i ) If all of the past 5 plant prechill subgroups are at or below the start number, the establishment shall immediately conduct a retest subgroup on that category of prechill to determine sample validity. If retest subgroup total equals tolerance or less, the establishment resumes random time testing. If the retest subgroup total exceeds tolerance, the establishment shall proceed as if CUSUM reaches the action number and shall begin process actions as set forth in paragraph (b)(3)(iv)( d )( 4 ) of this section. In either case, the prechill retest results will be used to calculate CUSUM.\n\n( ii ) If any of the past 5 plant prechill subgroups resulted in a CUSUM above the start number, the establishment shall proceed as if CUSUM reaches the action number and shall begin process actions as set forth in paragraph (b)(3)(iv)( d )( 4 ) of this section.\n\n( 3 )  Actions to be taken when a trimmable lesion/condition is found.  If either inspection or plant monitoring finds any trimmable lesion or condition as specified in item B(7) of Table 1 during a prechill subgroup test, the establishment shall immediately conduct an additional prechill subgroup test for the same trimmable lesion/condition category. This is a requirement on the subgroup testing for the prechill trim nonconformance that is in addition to the CUSUM test described in paragraph (b)(3)(iv)( d )( 1 ) of this section.\n\n( i ) If no additional item in the same category is found on retest, the establishment shall resume random time sampling.\n\n( ii ) If an additional item in the same category is found on retest, the establishment shall proceed as if CUSUM reaches the action number and shall initiate corrective action set forth in paragraph (b)(3)(iv)( d )( 4 ) of this section for this category only.\n\n( 4 )  Actions to be taken when the CUSUM reaches the action number.  Once CUSUM reaches the action number, the process is judged to be not in control.\n\n( i ) Establishment Actions. The establishment shall:\n\n( A ) Immediately notify the inspector in charge and the production supervisor responsible for the affected evisceration line.\n\n( B ) Suspend random time prechill testing of the affected nonconformance category (processing or trim). Suspend random time postchill subgroup testing when the processing category is the affected nonconformance category.\n\n( C ) Conduct subgroup retests on carcasses leaving the chill system. Apply the prechill criteria in Table 1 (A) or (B), depending upon which category caused the action, and apply prechill Finished Product Standards as listed in Table 2 to determine product compliance. In no case shall the time between retests exceed 30 minutes of production time. Apply prechill standard criteria at the postchill location after notifying the establishment's production supervisor. If any of these subgroup retests on product leaving the chill system result in a subgroup total exceeding tolerance, identify for rework subsequent product at the postchill location. All noncomplying product will be brought into compliance prior to release into commerce. Product from the chiller will continue accumulating for rework until a subsequent subgroup test results in a subgroup total equal to or less than tolerance.\n\n( D ) Conduct additional subgroup tests at the prechill reinspection station to determine the adequacy of production corrective action. If the prechill tests results in a subgroup total exceeding the tolerance, notify the production supervisor. The number of additional tests at the postchill reinspection station using prechill standards is increased as required to include the product in the chiller represented by this additional prechill test.\n\n( E ) After two consecutive additional prechill subgroup tests result in subgroup totals equal to or less than tolerance:\n\n\u2014Resume random time prechill subgroup testing as set forth in actions to be taken when the process is in control at paragraph (b)(3)(iv)( d )( 1 ) of this section.\n \n \u2014Identify product entering the chill system that will mark the end of the retest action upon arrival at the postchill sampling location. Such identification may include tagging or empty space in chillers, depending upon the establishment's identification method.\n \n \u2014Once all product identified as needing retesting has arrived at the postchill sampling location, random time postchill FPS testing resumes.\n \n \u2014If two consecutive additional prechill subgroup tests demonstrate process control with subgroup totals equal to or less than tolerance, but they do not cause CUSUM to fall to the start line or below, reset CUSUM at the start number.\n\n\u2014Resume random time prechill subgroup testing as set forth in actions to be taken when the process is in control at paragraph (b)(3)(iv)( d )( 1 ) of this section.\n\n\u2014Identify product entering the chill system that will mark the end of the retest action upon arrival at the postchill sampling location. Such identification may include tagging or empty space in chillers, depending upon the establishment's identification method.\n\n\u2014Once all product identified as needing retesting has arrived at the postchill sampling location, random time postchill FPS testing resumes.\n\n\u2014If two consecutive additional prechill subgroup tests demonstrate process control with subgroup totals equal to or less than tolerance, but they do not cause CUSUM to fall to the start line or below, reset CUSUM at the start number.\n\n( ii ) Inspector Actions. The inspector shall monitor product and process actions by making spot-check observations to ensure that all program requirements are met.\n\n( e )  Postchill testing.  Postchill subgroups shall be collected after the product leaves the chiller but before the product is divided into separate processes. Each bird sampled shall be observed and its conformance measured against the postchill criteria. The subgroup nonconformance weights shall be totaled and the CUSUM calculated by subtracting the tolerance from the sum of the subgroup total and the starting CUSUM.\n\n( 1 )  Actions to be taken when the process is in control.  If the CUSUM is less than the action number and the subgroup absolute limit is not exceeded, the process is judged to be in control.\n\n( i ) Establishment Actions. The establishment shall conduct a 10-bird subgroup test for each chiller system at a randomly selected time of production. In no case shall the time between tests exceed 2 hours of production time.\n\n( ii ) Inspector Actions. The inspector shall:\n\n( A ) Select random times for postchill monitoring.\n\n( B ) Monitor each chill system twice per shift.\n\n( C ) Conduct subgroup tests at preselected random times.\n\n( 2 )  Actions to be taken when the subgroup absolute limit is exceeded.  If either an inspector or establishment subgroup test exceeds the subgroup absolute limit of tolerance plus 5(T + 5), the establishment shall determine if any of the last 5 postchill monitoring subgroups resulted in a CUSUM above the start number.\n\n( i ) If all of the past 5 postchill monitoring subgroups resulted in a CUSUM at or below the start number, the establishment shall immediately retest a subgroup to determine sample validity. If this retest subgroup total exceeds tolerance, the establishment shall proceed as if CUSUM reaches the action number and shall begin process actions as set forth in paragraph (b)(3)(iv)( e )( 3 ) of this section.\n\n( ii ) If any of the past 5 postchill monitoring subgroups resulted in a CUSUM above the start number, the establishment shall proceed as if CUSUM reaches the action number and shall begin process actions as set forth in paragraph (b)(3)(iv)( e )( 3 ) of this section.\n\n( 3 )  Actions to be taken when the CUSUM reaches the action number.  Once CUSUM reaches the action number, the process is judged to be not in control.\n\n( i ) Establishment Actions. The establishment shall:\n\n( A ) Notify the inspector in charge and the production supervisor responsible for product in the chiller.\n\n( B ) Suspend random time postchill subgroup testing.\n\n( C ) Immediately conduct an additional postchill subgroup test. If the retest subgroup total exceeds tolerance, the establishment shall identify subsequent product for rework. Product will continue accumulating for rework until a subsequent subgroup test results in a subgroup total equal to or less than tolerance.\n\n( D ) After two consecutive additional postchill subgroup tests results in subgroup totals equal to or less than tolerance:\n\n\u2014Resume random time postchill subgroup testing as set forth in actions to be taken when the process is in control at paragraph (b)(3)(iv)( e )( 1 ) of this section.\n \n \u2014If the two consecutive additional postchill subgroup totals equal to or less than tolerance do not cause CUSUM to fall to the start number or below, reset CUSUM at the start number.\n\n\u2014Resume random time postchill subgroup testing as set forth in actions to be taken when the process is in control at paragraph (b)(3)(iv)( e )( 1 ) of this section.\n\n\u2014If the two consecutive additional postchill subgroup totals equal to or less than tolerance do not cause CUSUM to fall to the start number or below, reset CUSUM at the start number.\n\n( ii ) Inspector Actions. The inspector shall monitor product and process actions to ensure that program requirements are met.\n\n(v) When the prechill or postchill product has been identified as having been produced when the process was not in control, additional online subgroup testing by the establishment is required to determine its conformance to the standard. If any of the additional plant subgroup testing results in a subgroup total exceeding tolerance, offline product corrective actions must take place. The responsibilities of the establishment and the inspector change depending on the CUSUM.\n\nAll corrective actions such as identifying affected product, segregating product, and maintaining control through rework actions are the establishment's responsibility. Corrective actions by the inspector depends upon the establishment's ability to control rework of affected product. If the establishment fails in its responsibilities, the inspector will identify, segregate, and retain affected product to prevent adulterated product from reaching consumers.\n\n( a ) Offline product. The establishment shall identify the affected product so that it may be segregated and accumulated offline for rework. The inspector shall spot check the establishment's identification, segregation, and control of reworked product to ensure that program requirements are met.\n\n( b ) Reworked product. Reworked product must be tested by the establishment with a randomly selected subgroup test of the accumulated reworked lot. Before product is released, the random subgroup test must result in a subgroup total equal to or less than tolerance. If the subgroup test of a reworked lot results in a subgroup total exceeding tolerance, the lot must be reworked again before another subgroup is selected. The following actions are required.\n\n( 1 ) Establishment Actions. The establishment shall:\n\n( i ) Select the random subgroup from throughout the lot only after the total lot has been reworked.\n\n( ii ) Conduct the subgroup test using the same criteria (prechill or postchill) that resulted in the rework action.\n\n( iii ) Release the lot if the reworked subgroup test resulted in a subgroup total equal to or less than tolerance.\n\n( iv ) Identify and control the lot to be reworked if the reworked subgroup total again exceeds tolerance.\n\n( 2 ) Inspector Actions: The inspector shall spot check the rework procedure to ensure that plant monitoring and production meet the requirements of the program.\n\n(vi) After the 10 bird subgroup tests are completed, the prechill and postchill processing nonconformances shall be corrected on all bird samples prior to returning the samples to the product flow. Samples with trim nonconformances shall be returned to the trim station for correction prior to their return to the product flow.\n\nTable 1\u2014Definitions of Nonconformances\n\nTable 2\u2014Finished Product Standards\n\n(4) The following requirements are also applicable to NELS inspection:\n\n(i) Inspection under NELS is conducted in two phases, as post-mortem inspection phase and a reinspection phase.\n\n( a )  Post-mortem inspection.  The establishment shall provide three inspection stations on each eviscerating line in compliance with the facility requirements \u00a7 381.36(d)(1). The three inspectors shall inspect the inside, viscera, and outside of all birds presented. Each inspector shall be flanked by two establishment employees\u2014the presenter and the helper. The presenter shall ensure that the bird is properly eviscerated and presented for inspection and the viscera uniformly trailing or leading. The inspector shall determine which birds shall be salvaged, reprocessed, condemned, retained for disposition by the veterinarian, or allowed to proceed down the line as a passed bird subject to reinspection. Poultry carcasses with certain defects not requiring condemnation of the entire carcass shall be passed by the inspector, but shall be subject to reinspection to ensure the physical removal of the specified defects. The helper, under the supervision of the inspector, shall mark such carcasses for trim when the defects are not readily observable. Trimming or birds passed subject to reinspection shall be performed by:\n\n( 1 ) The helper, time permitting, and\n\n( 2 ) One or more plant trimmers positioned after giblet harvest and prior to reinspection.\n\n( b ) A reinspection station shall be located at the end of each line. This station shall comply with the facility requirements in \u00a7 381.36(d)(2). The inspector shall ensure that the establishment has performed the indicated trimming of carcasses passed subject to reinspection by visually monitoring, checking data, or gathering samples at the station or at other critical points on the line.\n\n(ii)-(iii) [Reserved]\n\n(iv) The maximum inspection rate for NELS shall be 91 birds per minute per eviscerating line.\n\n(5) The following requirements are also applicable to the NTI System:\n\n(i) Inspection under the NTI System is conducted in two phases, a post-mortem inspection phase and a reinspection phase. The NTI-1 Inspection System requires that the establishment provide one inspection station for each line and adequate reinspection facilitiates so carcasses can be removed from each line for evaluation. The NTI-2 Inspection System requires that the establishment provide two inspection stations for each line and adequate reinspection facilities so carcasses can be removed from each line for evaluation.\n\n( a )  Post-mortem inspection.  Each inspection station must comply with the facility requirements in \u00a7 381.36(e)(1). Each inspector shall be flanked by and establishment employee assigned to be the inspector's helper. The one inspector on an NTI-1 Inspection System shall be presented every bird. Each inspector on an NTI-2 Inspection System line shall be presented every other bird on the line. An establishment employee shall present each bird to the inspector properly eviscerated with the back side toward the inspector and the viscera uniformly trailing or leading. Each inspector shall inspect the inside, viscera, and outside of all birds presented. The inspector shall determine which bird shall be salvaged, reprocessed, condemned, retained for disposition by a veterinarian, or allowed to proceed down the line as a passed bird subject to reinspection. Turkey carcasses with certain defects not requiring condemnation of the entire carcass shall be passed by the inspector, but shall be subject to reinspection to ensure the physical removal of the specified defects. The helper, under the supervision of the inspector, shall mark such carcasses for trim when the defects of birds passed subject to reinspection shall be performed by:\n\n( 1 ) The helper, time permitting, and\n\n( 2 ) One or more plant trimmers positioned after the giblet harvest and prior to reinspection.\n\n( b )  Reinspection.  A reinspection station shall be located at the end of the lines. This station shall comply with the facility requirements in \u00a7 381.36(e)(2). The inspector shall ensure that establishments have performed the indicated trimming of each carcass passed subject to reinspection by visually monitoring, checking data, and/or sampling product at the reinspection station and, if necessary, at other points, critical to the wholesomeness of product, on the eviscerating line.\n\n(ii)-(iii) [Reserved]\n\n(6) The following requirements are applicable to the NPIS:\n\n(i)  Facilities.  The establishment must comply with the facilities requirements in \u00a7 381.36(f).\n\n(ii)  Carcass sorting and disposition.  (A) The establishment must conduct carcass with associated viscera sorting activities, dispose of carcasses and parts exhibiting condemnable conditions, and conduct appropriate trimming and reprocessing activities before carcasses are presented to the online carcass inspector.\n\n(B) Any carcasses removed from the line for reprocessing activities or salvage must be returned to the line before the online carcass inspection station. The establishment must include in its written HACCP plan, or sanitation SOP, or other prerequisite program a process by which parts, other than parts identified as \u201cmajor portions\u201d as defined in \u00a7 381.170(b)(22), are available for inspection offline after reprocessing or salvage.\n\n(C) The establishment must develop, implement, and maintain written procedures to ensure that poultry carcasses contaminated with septicemic and toxemic conditions do not enter the chiller. The establishment must incorporate these procedures into its HACCP plan, or sanitation SOP, or other prerequisite program. These procedures must cover, at a minimum, establishment sorting activities required under paragraph (b)(6)(ii) of this section.\n\n(D) The establishment must maintain records to document that the products resulting from its slaughter operation meet the definition of ready-to-cook poultry in \u00a7 381.1. These records are subject to review and evaluation by FSIS personnel.\n\n(iii)  Presentation for online carcass inspection.  To ensure the online carcass inspector may properly inspect every carcass, the establishment must present carcasses as follows:\n\n(A) Each carcass, except carcasses and parts identified as \u201cmajor portions\u201d under 9 CFR 381.179(b)(22), must be held by a single shackle;\n\n(B) Both hocks of each carcass must be held by the shackle;\n\n(C) The back side of the carcass must be faced toward the inspector;\n\n(D) There must be minimal carcass swinging motion;\n\n(E) The establishment must ensure that it can sufficiently identify viscera and parts corresponding with each carcass inspected by the online carcass inspector so that if the carcass inspector condemns a carcass all corresponding viscera and parts are also condemned."], ["9:9:2.0.2.1.35.11.40.10", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.85 Special diseases.", "FSIS", "", "", "", "Carcasses of poultry showing evidence of any disease which is characterized by the presence, in the meat or other edible parts of the carcass, or organisms or toxins dangerous to the consumer, shall be condemned."], ["9:9:2.0.2.1.35.11.40.11", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.86 Inflammatory processes.", "FSIS", "", "", "", "Any organ or other part of a carcass which is affected by an inflammatory process shall be condemned and, if there is evidence of general systemic disturbance, the whole carcass shall be condemned."], ["9:9:2.0.2.1.35.11.40.12", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.87 Tumors.", "FSIS", "", "", "[88 FR 55913, Aug. 17, 2023]", "(a) Tumors, including those possibly caused by avian leukosis complex, may be trimmed from any affected organ or other part of a carcass where there is no evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor. Trimmed carcasses otherwise found to be not adulterated shall be passed as human food.\n\n(b) Any organ or other part of a carcass which is affected by a tumor where there is evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor, must be condemned."], ["9:9:2.0.2.1.35.11.40.13", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.88 Parasites.", "FSIS", "", "", "", "Organs or other parts of carcasses which are found to be infested with parasites, or which show lesions of such infestation shall be condemned and, if the whole carcass is affected, the whole carcass shall be condemned."], ["9:9:2.0.2.1.35.11.40.14", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.89 Bruises.", "FSIS", "", "", "", "Any part of a carcass which is badly bruised shall be condemned and, if the whole carcass is affected as a result of the bruise, the whole carcass shall be condemned. Parts of a carcass which show only slight reddening from a bruise may be passed for food."], ["9:9:2.0.2.1.35.11.40.15", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.90 Cadavers.", "FSIS", "", "", "", "Carcasses of poultry showing evidence of having died from causes other than slaughter shall be condemned."], ["9:9:2.0.2.1.35.11.40.16", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.91 Contamination.", "FSIS", "", "", "[37 FR 9706, May 16, 1972, as amended at 43 FR 12847, Mar. 28, 1978; 79 FR 49636, Aug. 21, 2014]", "(a) Carcasses of poultry contaminated by volatile oils, paints, poisons, gases, scald vat water in the air sac system, or other substances which render the carcasses adulterated shall be condemned. Any organ or other part of a carcass which has been accidentally multilated in the course of processing shall be condemned, and if the whole carcass is affected, the whole carcass shall be condemned.\n\n(b) Any carcass of poultry accidentally contaminated during slaughter with digestive tract contents need not be condemned if promptly reprocessed under the supervision of an inspector and thereafter found not to be adulterated. Contaminated surfaces that are cut must be removed only by trimming. Contaminated inner surfaces that are not cut may be cleaned by trimming alone or may be re-processed as provided in subparagraph (b)(1) or (2) of this section.\n\n(1)  Online reprocessing.  Poultry carcasses accidentally contaminated with digestive tract contents may be cleaned by applying an online reprocessing antimicrobial intervention to all carcasses after evisceration and before the carcasses enter the chiller if the parameters for use of the antimicrobial intervention system have been approved by the Administrator. Establishments must incorporate procedures for the use of any online reprocessing antimicrobial intervention system into their HACCP plans, or sanitation SOPs, or other prerequisite programs.\n\n(2)  Offline reprocessing.  Contaminated inner surfaces that are not cut may be cleaned at an approved reprocessing station away from the main processing line by any method that will remove the contamination, such as vacuuming, washing, and trimming, singly or in combination. All visible specks of contamination must be removed, and if the inner surfaces are reprocessed other than solely by trimming, all surfaces of the carcass must be treated with chlorinated water containing 20 ppm to 50 ppm available chlorine or another approved antimicrobial substance in accordance with the parameters approved by the Administrator. Establishments must incorporate procedures for the use of any offline reprocessing into their HACCP plans, or sanitation SOPs, or other prerequisite programs."], ["9:9:2.0.2.1.35.11.40.17", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.92 Overscald.", "FSIS", "", "", "", "Carcasses of poultry which have been overscalded, resulting in a cooked appearance of the flesh, shall be condemned."], ["9:9:2.0.2.1.35.11.40.18", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.93 Decomposition.", "FSIS", "", "", "", "Carcasses of poultry deleteriously affected by post mortem changes shall be disposed of as follows:\n\n(a) Carcasses which have reached a state of putrefaction or stinking fermentation shall be condemned.\n\n(b) Any part of a carcass which is green struck shall be condemned and, if the carcass is so extensively affected that removal of affected parts is impracticable, the whole carcass shall be condemned.\n\n(c) Carcasses affected by types of post mortem change which are superficial in nature may be passed for human food after removal and condemnation of the affected parts."], ["9:9:2.0.2.1.35.11.40.19", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.94 Contamination with microorganisms; process control verification criteria and testing; pathogen reduction standards for establishments that slaughter ratites.", "FSIS", "", "", "[61 FR 38866, July 25, 1996, as amended at 62 FR 26218, May 13, 1997; 62 FR 61009, Nov. 14, 1997; 64 FR 66553, Nov. 29, 1999; 67 FR 13258, Mar. 22, 2002; 79 FR 49636, Aug. 21, 2014]", "(a)  Criteria for verifying process control; E. coli   testing.  (1) Each official establishment that slaughters ratites shall test for  Escherichia coli  Biotype I ( E. coli ). Establishments that slaughter ratites and livestock, shall test the type of ratites or livestock slaughtered in the greatest number. The establishment shall:\n\n(i) Collect samples in accordance with the sampling techniques, methodology, and frequency requirements in paragraph (a)(2) of this section;\n\n(ii) Obtain analytic results in accordance with paragraph (a)(3) of this section; and\n\n(iii) Maintain records of such analytic results in accordance with paragraph (a)(4) of this section.\n\n(2)  Sampling requirements.  (i)  Written procedures.  Each establishment that slaughters ratites shall prepare written specimen collection procedures which shall identify employees designated to collect samples, and shall address location(s) of sampling, how sampling randomness is achieved, and handling of the sample to ensure sample integrity. The written procedure shall be made available to FSIS upon request.\n\n(ii)  Sample collection.  The establishment must collect samples from whole ratites at the end of the chilling process. Samples from ratites may be collected by sponging the carcass on the back and thigh or samples can be collected by rinsing the whole carcass in an amount of buffer appropriate for that type of bird.\n\n(iii)  Sampling frequency.  Establishments that slaughter ratites, except very low volume ratite establishments as defined in paragraph (a)(2)(v) of this section, must take samples at a frequency proportional to the establishment's volume of production at the following rate: 1 sample per 3,000 carcasses, but at a minimum one sample each week of operation.\n\n(iv)  Sampling frequency alternatives.  An establishment operating under a validated HACCP plan in accordance with \u00a7 417.2(b) of this chapter may substitute an alternative frequency for the frequency of sampling required under paragraph (a)(2)(iii) of this section if,\n\n(A) The alternative is an integral part of the establishment's verification procedures for its HACCP plan and,\n\n(B) FSIS does not determine, and notify the establishment in writing, that the alternative frequency is inadequate to verify the effectiveness of the establishment's processing controls.\n\n(v)  Sampling in very low volume ratite establishments.  (A) Very low volume ratite establishments annually slaughter no more than 6,000 ratites. Very low volume ratite establishments that slaughter ratites in the largest number must collect at least one sample during each week of operation after June 1 of each year, and continue sampling at a minimum of once each week the establishment operates until June of the following year or until 13 samples have been collected, whichever comes first.\n\n(B) Upon the establishment's meeting the requirements of paragraph (a)(2)(v)(A) of this section, weekly sampling and testing is optional, unless changes are made in establishment facilities, equipment, personnel or procedures that may affect the adequacy of existing process control measures, as determined by the establishment or by FSIS. FSIS determinations that changes have been made requiring resumption of weekly testing shall be provided to the establishment in writing.\n\n(3)  Analysis of samples.  Laboratories may use any quantitative method for analysis of  E. coli  that is approved as an AOAC Official Method of the AOAC International (formerly the Association of Official Analytical Chemists) or approved and published by a scientific body and based on the results of a collaborative trial conducted in accordance with an internationally recognized protocol on collaborative trials and compared against the three tube Most Probable Number (MPN) method and agreeing with the 95 percent upper and lower confidence limit of the appropriate MPN index.\n\n(4)  Recording of test results.  The establishment shall maintain accurate records of all test results, in terms of colony forming units (CFU)/ml of rinse fluid. Results shall be recorded onto a process control chart or table showing at least the most recent 13 test results. Records shall be retained at the establishment for a period of 12 months and shall be made available to FSIS upon request.\n\n(5) Establishments shall evaluate  E. coli  test results using statistical process control techniques.\n\n(6)  Failure to meet criteria.  Test results that do not meet the criteria described in paragraph (a)(5) of this section are an indication that the establishment may not be maintaining process controls sufficient to prevent fecal contamination. FSIS shall take further action as appropriate to ensure that all applicable provisions of the law are being met.\n\n(7)  Failure to test and record.  Inspection will be suspended in accordance with rules of practice that will be adopted for such proceeding, upon a finding by FSIS that one or more provisions of paragraphs (a) (1) through (4) of this section have not been complied with and written notice of same has been provided to the establishment.\n\n(b) [Reserved]"], ["9:9:2.0.2.1.35.11.40.2", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.77 Carcasses held for further examination.", "FSIS", "", "", "", "Each carcass, including all parts thereof, in which there is any lesion of disease, or other condition which might render such carcass or any part thereof adulterated and with respect to which a final decision cannot be made on first examination by the inspector, shall be held for further examination. The identity of each such carcass, including all parts thereof, shall be maintained until a final examination has been completed."], ["9:9:2.0.2.1.35.11.40.3", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.78 Condemnation of carcasses and parts: separation of poultry suspected of containing biological residues.", "FSIS", "", "", "[37 FR 9706, May 16, 1972, as amended at 48 FR 22899, May 23, 1983; 48 FR 23807, May 27, 1983]", "(a) At the time of any inspection under this subpart each carcass, or any part thereof, which is found to be adulterated shall be condemned, except that any such articles which may be made not adulterated by reprocessing, need not be so condemned if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated.\n\n(b) When a lot of poultry suspected of containing biological residues is inspected in an official establishment, all carcasses and any parts of carcasses in such lot which are condemned shall be kept separate from all other condemned carcasses or parts."], ["9:9:2.0.2.1.35.11.40.4", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.79 Passing of carcasses and parts.", "FSIS", "", "", "", "Each carcass and all organs and other parts of carcasses which are found to be not adulterated shall be passed for human food."], ["9:9:2.0.2.1.35.11.40.5", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.80 General; biological residues.", "FSIS", "", "", "", "(a) The carcasses or parts of carcasses of all poultry inspected at an official establishment and found at the time of post mortem inspection, or at any subsequent inspection, to be affected with any of the diseases or conditions named in other sections in this subpart, shall be disposed of in accordance with the section pertaining to the disease or condition. Owing to the fact that it is impracticable to formulate rules for each specific disease or conditions and to designate at just what stage a disease process results in an adulterated article, the decision as to the disposal of all carcasses, organs or other parts not specifically covered by the regulations, or by instructions of the Administrator issued pursuant thereto, shall be left to the inspector in charge, and if the inspector in charge is in doubt concerning the disposition to be made, specimens from such carcasses shall be forwarded to the Inspection Service laboratory for diagnosis.\n\n(b) All carcasses, organs, or other parts of carcasses of poultry shall be condemned if it is determined on the basis of a sound statistical sample that they are adulterated because of the presence of any biological residues."], ["9:9:2.0.2.1.35.11.40.6", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.81 Tuberculosis.", "FSIS", "", "", "", "Carcasses of poultry affected with tuberculosis shall be condemned."], ["9:9:2.0.2.1.35.11.40.7", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.82 [Reserved]", "FSIS", "", "", "", ""], ["9:9:2.0.2.1.35.11.40.8", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.83 Septicemia or toxemia.", "FSIS", "", "", "", "Carcasses of poultry showing evidence of any septicemic or toxemic disease, or showing evidence of an abnormal physiologic state, shall be condemned."], ["9:9:2.0.2.1.35.11.40.9", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "K", "Subpart K\u2014Post Mortem Inspection; Disposition of Carcasses and Parts", "", "\u00a7 381.84 Airsacculitis.", "FSIS", "", "", "[40 FR 14297, Mar. 31, 1975]", "Carcasses of poultry with evidence of extensive involvement of the air sacs with airsacculitis or those showing airsacculitis along with systemic changes shall be condemned. Less affected carcasses may be passed for food after complete removal and condemnation of all affected tissues including the exudate."], ["9:9:2.0.2.1.35.12.40.1", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "L", "Subpart L\u2014Handling and Disposal of Condemned or Other Inedible Products at Official Establishments", "", "\u00a7 381.95 Disposal of condemned poultry products.", "FSIS", "", "", "", "All condemned carcasses, or condemned parts of carcasses, or other condemned poultry products, except those condemned for biological residues shall be disposed of by one of the following methods, under the supervision of an inspector of the Inspection Service. (Facilities and materials for carrying out the requirements in this section shall be furnished by the official establishment.)\n\n(a) Steam treatment (which shall be accomplished by processing the condemned product in a pressure tank under at least 40 pounds of steam pressure) or thorough cooking in a kettle or vat, for a sufficient time to effectively destroy the product for human food purposes and preclude dissemination of disease through consumption by animals. (Tanks and equipment used for this purpose or for rendering or preparing inedible products shall be in rooms or compartments separate from those used for the preparation of edible products. There shall be no direct connection by means of pipes, or otherwise, between tanks containing inedible products and those containing edible products.)\n\n(b) Incineration or complete destruction by burning.\n\n(c) Chemical denaturing, which shall be accomplished by the liberal application to all carcasses and parts thereof, of:\n\n(1) Crude carbolic acid,\n\n(2) Kerosene, fuel oil, or used crankcase oil, or\n\n(3) Any phenolic disinfectant conforming to commercial standards CS 70-41 or CS 71-41 which shall be used in at least 2 percent emulsion or solution.\n\n(d) Any other substance or method that the Administrator approves in specific cases, which will denature the poultry product to the extent necessary to accomplish the purposes of this section.\n\n(e) Carcasses and parts of carcasses condemned for biological residue shall be disposed of in accordance with paragraph (b) of this section or by burying under the supervision of an inspector."], ["9:9:2.0.2.1.35.13.40.1", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.96 Wording and form of the official inspection legend.", "FSIS", "", "", "[66 FR 22906, May 7, 2001]", "Except as otherwise provided in this subpart, the official inspection legend required to be used with respect to inspected and passed poultry products shall include wording as follows: \u201cInspected for wholesomeness by U.S. Department of Agriculture.\u201d This wording shall be contained within a circle. The form and arrangement of such wording shall be exactly as indicated in the example in Figure 1, except that the appropriate official establishment number shall be shown, and if the establishment number appears elsewhere on the labeling material in the manner prescribed in \u00a7 381.123(b), it may be omitted from the inspection mark. The administrator may approve the use of abbreviations of such inspection mark; and such approved abbreviations shall have the same force and effect as the inspection mark. The official inspection legend, or the approved abbreviation thereof, shall be printed on consumer packages and other immediate containers of inspected and passed poultry products, or on labels to be securely affixed to such containers of such products and may be printed or stenciled thereon, but shall not be applied by rubber stamping. When applied by a stencil, the legend shall not be less than 4 inches in diameter. An official brand must be applied to inspected and passed carcasses and parts of ratites that are shipped unpacked."], ["9:9:2.0.2.1.35.13.40.10", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.105 Marking products for export.", "FSIS", "", "", "[81 FR 42234, June 29, 2016]", "When authorized by inspection personnel, establishments must mark the outside container of any inspected and passed product for export, the securely enclosed pallet within the consignment, or closed means of conveyance transporting the consignment, with a mark that contains a unique identifier that links the consignment to the export certificate or an official mark as described in \u00a7 381.104. Ship stores, small quantities exclusively for the personal use of the consignee and not for sale or distribution, and shipments by and for the U.S. Armed Forces, are exempt from the requirements of this section."], ["9:9:2.0.2.1.35.13.40.11", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.106 Export certification.", "FSIS", "", "", "[81 FR 42234, June 29, 2016]", "(a) Exporters must apply for export certification of inspected and passed products to any foreign country. Exporters may apply for an export certificate using a paper or electronic application. FSIS will assess exporters that submit an electronic application the charge in \u00a7 362.5(e) of this chapter.\n\n(b) FSIS will issue only one certificate for each consignment, except in the case of error in the certificate or loss of the certificate originally issued. A request for a replacement certificate, except in the case of a lost certificate, must be accompanied by the original certificate. The new certificate will carry the following statement: \u201cIssued in replacement of ______\u201d, with the numbers of the certificates that have been superseded.\n\n(c) FSIS will deliver a copy of the certificate to the person who requested such certificate or his agent. Such persons may duplicate the certificate as required in connection with the exportation of the product.\n\n(d) FSIS will retain a copy of the certificate.\n\n(e) Exporters may request inspection personnel to issue certificates for export consignments of product of official establishments not under their supervision, provided the consignments are first identified as having been \u201cU.S. inspected and passed,\u201d are found to be neither adulterated nor misbranded, and are marked as required by \u00a7 381.105."], ["9:9:2.0.2.1.35.13.40.12", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.107 Special procedures as to certification of poultry products for export to certain countries.", "FSIS", "", "", "[37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974; 41 FR 23702, June 11, 1976]", "When export certificates are required by any foreign country for poultry products exported to such country, the Administrator shall in specific cases prescribe or approve the form of export certificate to be used and the methods and procedures he deems appropriate with respect to the processing of such products, in order to comply with requirements specified by the foreign country regarding the export products. Inspectors shall satisfy themselves that all such requirements are met before issuing such an export certificate. It shall be the responsibility of the exporter to provide any unofficial documentation needed to meet the foreign requirements, before the export certificate will be issued. Such certificates may also cover articles exempted from definition as a poultry product under \u00a7 381.15 if they have been inspected and are certified under the regulations in part 362 of this chapter."], ["9:9:2.0.2.1.35.13.40.13", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.108 Official poultry inspection certificates; issuance and disposition.", "FSIS", "", "", "[37 FR 9706, May 16, 1972, as amended at 39 FR 36000, Oct. 7, 1974]", "(a) Upon the request of an interested party, any veterinary inspector is authorized to issue an official poultry inspection certificate with respect to any lot of slaughtered poultry inspected by him. At any official establishment each such certificate shall be signed by the inspector who made the inspection covered by the certificate, and if more than one inspector participated in the inspection of the lot of poultry, each such inspector shall sign the certificate with respect to such lot. If the inspection of a lot covered by a certificate was made by a food inspector, such certificate shall also be signed by the inspector in charge when such inspection was made. Any inspector is authorized to issue a poultry inspection certificate with respect to any other poultry product inspected by him.\n\n(b) The original and one copy of each poultry inspection certificate shall be issued to the applicant who requested such certificate, and one copy shall be retained by the inspector for filing. The inspector who issues any inspection certificate is authorized to furnish an additional copy of such certificate upon the request of an interested party. The person who sold the live poultry involved to the official establishment is an interested party for purposes of this section."], ["9:9:2.0.2.1.35.13.40.14", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.109 Form of official poultry inspection certificate.", "FSIS", "", "", "", "(a) The official poultry inspection certificate authorized by this subpart is a paper certificate (Form MP-505) for signature by an inspector, bearing the legend\n\nand the seal of the U.S. Department of Agriculture, with a certification that the poultry described therein had been inspected in compliance with the Regulations of the Secretary of Agriculture Governing the Inspection of Poultry and Poultry Products.\n\n(b) The certificate also bears a serial number such as \u201cB 3208\u201d and shows the respective name and address of the applicant, the shipper or seller and the receiver or buyer and the net weight in pounds of amount passed, amount rejected or condemned, type of poultry, lot number and class, and such other information as the Administrator may prescribe or approve in specific cases."], ["9:9:2.0.2.1.35.13.40.15", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.110 Erasures or alterations made on certificates.", "FSIS", "", "", "", "Erasures or alterations not initialed by the issuing inspector shall not be permitted on any official certificate or any copy thereof. All certificates rendered useless through clerical error or otherwise and all certificates canceled for whatever cause shall be voided and initialed, and one copy shall be retained in the inspector's file; and the original and all other copies shall be forwarded to the appropriate program supervisor."], ["9:9:2.0.2.1.35.13.40.16", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.111 Data to be entered in proper spaces.", "FSIS", "", "", "", "All certificates shall be so executed that the data entered thereon will appear in the proper spaces on each copy of the certificate."], ["9:9:2.0.2.1.35.13.40.17", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.112 Official mark for maintaining the identity and integrity of samples.", "FSIS", "", "", "[52 FR 41958, Nov. 2, 1987]", "The official mark for use in sealing containers of samples submitted under any requirements in this part and section 11(b) of the Poultry Products Inspection Act shall bear the designation \u201cSample Seal\u201d accompanied by the official USDA logo as shown below. Any seal approved by the Administrator for applying such mark shall be deemed an official device for purposes of the Act. Such device shall be supplied to inspectors, compliance officers, and other designated Agency officials by the United States Department of Agriculture."], ["9:9:2.0.2.1.35.13.40.2", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.97 [Reserved]", "FSIS", "", "", "", ""], ["9:9:2.0.2.1.35.13.40.3", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.98 Official seal.", "FSIS", "", "", "", "The official mark for use in sealing means of conveyance used in transporting poultry products under any requirement in this part shall be the inscription and a serial number as shown below, and any seals approved by the Administrator for applying such mark shall be an official device."], ["9:9:2.0.2.1.35.13.40.4", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.99 Official retention and rejection tags.", "FSIS", "", "", "[64 FR 56417, Oct. 20, 1999]", "The official marks for use in post-mortem inspection and identification of adulterated products, insanitary equipment and facilities are:\n\n(a) A paper tag (a portion of Form MP-35) bearing the legend \u201cU.S. Retained\u201d for use on poultry or poultry products under this section.\n\n(b) A paper tag (another portion of Form C&MS 510) bearing the legend \u201cU.S. Rejected\u201d for use on equipment, utensils, rooms and compartments under this section."], ["9:9:2.0.2.1.35.13.40.5", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.100 Official detention tag.", "FSIS", "", "", "", "The detention tag prescribed in \u00a7 381.211 is an official device."], ["9:9:2.0.2.1.35.13.40.6", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.101 Official U.S. Condemned mark.", "FSIS", "", "", "", "The term \u201cU.S. Condemned\u201d as shown below is an official mark and the devices used by the Department for applying such mark are official devices."], ["9:9:2.0.2.1.35.13.40.7", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.102 [Reserved]", "FSIS", "", "", "", ""], ["9:9:2.0.2.1.35.13.40.8", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.103 Official poultry condemnation certificates; issuance and form.", "FSIS", "", "", "", "Upon request by the operator of the establishment, the inspector in charge shall issue a poultry condemnation certificate (Form MP-514-1), showing the total number of poultry in the lot and the numbers condemned and the reasons for such condemnations.\n\nThe official poultry condemnation certificate authorized by this subpart is a paper certificate (Form MP-514-1), for signature by an inspector, bearing the legend\n\nand the seal of the United States Department of Agriculture, with a certification that the poultry enumerated on the form were inspected and condemned for the listed causes in compliance with the regulations of the Department. A statement to the effect that certain figures on the certificate were derived from information supplied by plant management, and a signature line for an authorized plant official is also shown."], ["9:9:2.0.2.1.35.13.40.9", 9, "Animals and Animal Products", "III", "A", "381", "PART 381\u2014POULTRY PRODUCTS INSPECTION REGULATIONS", "M", "Subpart M\u2014Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures", "", "\u00a7 381.104 Export inspection marks.", "FSIS", "", "", "[81 FR 42234, June 29, 2016]", "The export inspection mark required in \u00a7 381.105 must be either a mark that contains a unique identifier that links the consignment to the export certificate or an official mark with the following form: \n 1\n\n1  The number \u201c1234567\u201d is given as an example only. 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