{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 552 sorted by section_id", "rows": [["28:28:2.0.3.3.24.2.127.1", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "B", "Subpart B\u2014Searches of Housing Units, Inmates, and Inmate Work Areas", "", "\u00a7 552.10 Purpose and scope.", "BOP", "", "", "", "In order to further the safe, secure, and orderly running of its institutions, the Bureau of Prisons conducts searches of inmates and of inmate housing and work areas to locate contraband and to deter its introduction and movement. Staff shall employ the least intrusive method of search practicable, as indicated by the type of contraband and the method of suspected introduction."], ["28:28:2.0.3.3.24.2.127.2", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "B", "Subpart B\u2014Searches of Housing Units, Inmates, and Inmate Work Areas", "", "\u00a7 552.11 Searches of inmates.", "BOP", "", "", "[45 FR 75134, Nov. 13, 1980, as amended at 48 FR 48970, Oct. 21, 1983; 56 FR 21036, May 6, 1991; 72 FR 37631, July 11, 2007; 80 FR 32001, June 5, 2015]", "(a)  Electronic devices.  Inspection of an inmate's person using electronic devices (for example, metal detector, ion spectrometry device, or body imaging search device) does not require the inmate to remove clothing. The inspection may also include a search of the inmate's clothing and personal effects. Staff may conduct an electronic device search of an inmate on a routine or random basis to control contraband.\n\n(b)  Pat Search.  Inspection of an inmate using the hands does not require the inmate to remove clothing. The inspection includes a search of the inmate's clothing and personal effects. Staff may conduct a pat search of an inmate on a routine or random basis to control contraband.\n\n(c)  Visual search \u2014a visual inspection of all body surfaces and body cavities.\n\n(1) Staff may conduct a visual search where there is reasonable belief that contraband may be concealed on the person, or a good opportunity for concealment has occured. For example, placement in a special housing unit (see 28 CFR part 541, subpart B), leaving the institution, or re-entry into an institution after contact with the public (after a community trip, court transfer, or after a \u201ccontact\u201d visit in a visiting room) is sufficient to justify a visual search. The visual search shall be made in a manner designed to assure as much privacy to the inmate as practicable.\n\n(2) Staff of the same sex as the inmate shall make the search, except where circumstances are such that delay would mean the likely loss of contraband. Where staff of the opposite sex makes a visual search, staff shall document the reasons for the opposite sex search in the inmate's central file.\n\n(d)  Digital or simple instrument search \u2014inspection for contraband or any other foreign item in a body cavity of an inmate by use of fingers or simple instruments, such as an otoscope, tongue blade, short nasal speculum, and simple forceps. A digital or simple instrument search may be conducted only by designated qualified health personnel (for example, physicians, physician assistants, and nurses) upon approval of the Warden or Acting Warden and only if the Warden or Acting Warden has reasonable belief that an inmate is concealing contraband in or on his person. If located, the contraband or foreign item may be removed immediately by medical staff if such removal can easily be effected by use of fingers or the simple instruments referred to above. Staff shall document all digital and simple instrument searches and the reasons for the searches in the inmate's central file.\n\n(1) Staff shall solicit the inmate's written consent prior to conducting a digital or simple instrument search. However, the inmate's consent is not required.\n\n(2) Staff may not conduct a digital or simple instrument search if it is likely to result in physical injury to the inmate."], ["28:28:2.0.3.3.24.2.127.3", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "B", "Subpart B\u2014Searches of Housing Units, Inmates, and Inmate Work Areas", "", "\u00a7 552.12 Close observation.", "BOP", "", "", "[56 FR 21036, May 6, 1991]", "When there is reasonable belief that an inmate has ingested contraband or concealed contraband in a body cavity and the methods of search specified in \u00a7 552.11 are inappropriate or likely to result in physical injury to the inmate, the Warden or designee may authorize the placement of an inmate in a room or cell for the purpose of staff's closely observing that inmate until the inmate has voided the contraband or until sufficient time has elapsed to preclude the possibility that the inmate is concealing contraband.\n\n(a) The length of close observation status will be determined on an individual basis. Ordinarily, the Captain, in consultation with qualified health personnel, shall determine when termination is appropriate. The status of an inmate under close observation for as long as three days must be reviewed by the Segregation Review Official according to the provisions in \u00a7 541.22(c) of this chapter, and the initial SRO review conducted within three work days shall be a formal hearing. Maintaining an inmate under close observation beyond seven days requires approval of the Warden, who makes this decision in consultation with the Captain and qualified health personnel.\n\n(b) The supervising staff member shall be the same sex as the inmate and shall maintain complete and constant visual supervision of the inmate.\n\n(c) The supervisor responsible for initiating the close observation watch shall advise the inmate of the conditions and of what is expected.\n\n(1) The inmate shall be required to provide a urine sample within two hours of placement under close observation in accordance with the provisions of \u00a7 550.30 of this chapter on urine surveillance. A second urine sample is required prior to releasing the inmate from close observation.\n\n(2) The light will be kept on at all times.\n\n(3) No inmate under close observation status may be allowed to come into contact with another inmate.\n\n(4) The inmate ordinarily may not be allowed personal property while under close observation status, except legal and personal mail and a reasonable amount of legal materials when requested. Personal hygiene items will be controlled by staff.\n\n(5) When the inmate is lying on a bed, the inmate shall be required to lie on top of the mattress in full view, weather and room temperature permitting. When necessary for the inmate to use cover, hands must remain visible at all times so that staff can observe any attempt to move contraband.\n\n(6) Due to security concerns, the inmate ordinarily may not be permitted recreation outside of the cell.\n\n(7) The inmate is to be served the same meals as those served to the general population, unless medically contraindicated.\n\n(8) No medications may be given to the inmate except for those prescribed and given by hospital personnel. No laxatives may be given except natural laxatives, i.e., coffee, prune juice, etc.\n\n(9) When the inmate needs to urinate and/or defecate, the inmate will be furnished an empty hospital bed pan.\n\n(10) When the inmate requests to shave, to brush teeth, or other such request, a wash pan and container of water is to be provided for use in the cell.\n\n(11) Institution staff shall be available to the inmate upon request, within reason and within the bounds of security concerns."], ["28:28:2.0.3.3.24.2.127.4", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "B", "Subpart B\u2014Searches of Housing Units, Inmates, and Inmate Work Areas", "", "\u00a7 552.13 Medical x-ray device, major instrument, or surgical intrusion.", "BOP", "", "", "[80 FR 32002, June 5, 2015]", "(a) The institution physician may authorize use of a major instrument (including anoscope or vaginal speculum) or surgical intrusion for medical reasons only, with the inmate's consent.\n\n(b) The institution physician may authorize use of a medical x-ray device for medical reasons and only with the consent of the inmate. When there exists no reasonable alternative, and an examination using a medical x-ray device is determined necessary for the security, good order, or discipline of the institution, the Warden, upon approval of the Regional Director, may authorize the institution physician to order a non-repetitive examination using a medical x-ray device for the purpose of determining if contraband is concealed in or on the inmate (for example: In a cast or body cavity). The examination using a medical x-ray device may not be performed if it is determined by the institution physician that it is likely to result in serious or lasting medical injury or harm to the inmate. Staff shall place documentation of the examination and the reasons for the examination in the inmate's central file and medical file.\n\n(1) The Warden and Regional Director or persons officially acting in that capacity may not redelegate the authority to approve an examination using medical x-ray device for the purpose of determining if contraband is present. An Acting Warden or Acting Regional Director may, however, perform this function.\n\n(2) Staff shall solicit the inmate's consent prior to an examination using a medical x-ray device. However, the inmate's consent is not required.\n\n(c) The Warden may direct searches of inanimate objects using a medical x-ray device where the inmate is not exposed."], ["28:28:2.0.3.3.24.2.127.5", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "B", "Subpart B\u2014Searches of Housing Units, Inmates, and Inmate Work Areas", "", "\u00a7 552.14 Search of inmate housing and work areas.", "BOP", "", "", "[45 FR 75134, Nov. 13, 1980. Redesignated at 56 FR 21036, May 6, 1991]", "(a) Staff may search an inmate's housing and work area, and personal items contained within those areas, without notice to or prior approval from the inmate and without the inmate's presence.\n\n(b) Staff conducting the search shall leave the housing or work area as nearly as practicable in its original order."], ["28:28:2.0.3.3.24.3.127.1", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.20 Purpose and scope.", "BOP", "", "", "[59 FR 30469, June 13, 1994, as amended at 61 FR 39800, July 30, 1996]", "The Bureau of Prisons authorizes staff to use force only as a last alternative after all other reasonable efforts to resolve a situation have failed. When authorized, staff must use only that amount of force necessary to gain control of the inmate, to protect and ensure the safety of inmates, staff, and others, to prevent serious property damage and to ensure institution security and good order. Staff are authorized to apply physical restraints necessary to gain control of an inmate who appears to be dangerous because the inmate:\n\n(a) Assaults another individual;\n\n(b) Destroys government property;\n\n(c) Attempts suicide;\n\n(d) Inflicts injury upon self; or\n\n(e) Becomes violent or displays signs of imminent violence.\n\nThis rule on application of restraints does not restrict the use of restraints in situations requiring precautionary restraints, particularly in the movement or transfer of inmates (e.g., the use of handcuffs in moving inmates to and from a cell in detention, escorting an inmate to a Special Housing Unit pending investigation, etc.)."], ["28:28:2.0.3.3.24.3.127.2", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.21 Types of force.", "BOP", "", "", "[59 FR 30469, June 13, 1994, as amended at 61 FR 39800, July 30, 1996]", "(a)  Immediate use of force.  Staff may immediately use force and/or apply restraints when the behavior described in \u00a7 552.20 constitutes an immediate, serious threat to the inmate, staff, others, property, or to institution security and good order.\n\n(b)  Calculated use of force and/or application of restraints.  This occurs in situations where an inmate is in an area that can be isolated (e.g., a locked cell, a range) and where there is no immediate, direct threat to the inmate or others. When there is time for the calculated use of force or application of restraints, staff must first determine if the situation can be resolved without resorting to force (see \u00a7 552.23).\n\n(c)  Use of Force Team Technique.  If use of force is determined to be necessary, and other means of gaining control of an inmate are deemed inappropriate or ineffective, then the Use of Force Team Technique shall be used to control the inmate and to apply soft restraints, to include ambulatory leg restraints. The Use of Force Team Technique ordinarily involves trained staff, clothed in protective gear, who enter the inmate's area in tandem, each with a coordinated responsibility for helping achieve immediate control of the inmate.\n\n(d)  Exceptions.  Any exception to this rule is prohibited, except where the facts and circumstances known to the staff member would warrant a person using sound correctional judgment to reasonably believe other action is necessary (as a last resort) to prevent serious physical injury, or serious property damage which would immediately endanger the safety of staff, inmates, or others."], ["28:28:2.0.3.3.24.3.127.3", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.22 Principles governing the use of force and application of restraints.", "BOP", "", "", "[54 FR 21394, May 17, 1989. Redesignated and amended at 59 FR 30469, 30470, June 13, 1994; 61 FR 39800, July 30, 1996]", "(a) Staff ordinarily shall first attempt to gain the inmate's voluntary cooperation before using force.\n\n(b) Force may not be used to punish an inmate.\n\n(c) Staff shall use only that amount of force necessary to gain control of the inmate. Situations when an appropriate amount of force may be warranted include, but are not limited to:\n\n(1) Defense or protection of self or others;\n\n(2) Enforcement of institutional regulations; and\n\n(3) The prevention of a crime or apprehension of one who has committed a crime.\n\n(d) Where immediate use of restraints is indicated, staff may temporarily apply such restraints to an inmate to prevent that inmate from hurting self, staff, or others, and/or to prevent serious property damage. When the temporary application of restraints is determined necessary, and after staff have gained control of the inmate, the Warden or designee is to be notified immediately for a decision on whether the use of restraints should continue.\n\n(e) Staff may apply restraints (for example, handcuffs) to the inmate who continues to resist after staff achieve physical control of that inmate, and may apply restraints to any inmate who is placed under control by the Use of Force Team Technique. If an inmate in a forcible restraint situation refuses to move to another area on his own, staff may physically move that inmate by lifting and carrying the inmate to the appropriate destination.\n\n(f) Restraints should remain on the inmate until self-control is regained.\n\n(g) Except when the immediate use of restraints is required for control of the inmate, staff may apply restraints to, or continue the use of progressive restraints on, an inmate while in a cell in administrative detention or disciplinary segregation only with approval of the Warden or designee.\n\n(h) Restraint equipment or devices (e.g., handcuffs) may not be used in any of the following ways:\n\n(1) As a method of punishing an inmate.\n\n(2) About an inmate's neck or face, or in any manner which restricts blood circulation or obstructs the inmate's airways.\n\n(3) In a manner that causes unnecessary physical pain or extreme discomfort.\n\n(4) To secure an inmate to a fixed object, such as a cell door or cell grill, except as provided in \u00a7 552.24.\n\n(i) Medication may not be used as a restraint solely for security purposes.\n\n(j) All incidents involving the use of force and the application of restraints (as specified in \u00a7 552.27) must be carefully documented."], ["28:28:2.0.3.3.24.3.127.4", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.23 Confrontation avoidance procedures.", "BOP", "", "", "[59 FR 30470, June 13, 1994]", "Prior to any calculated use of force, the ranking custodial official (ordinarily the Captain or shift Lieutenant), a designated mental health professional, and others shall confer and gather pertinent information about the inmate and the immediate situation. Based on their assessment of that information, they shall identify a staff member(s) to attempt to obtain the inmate's voluntary cooperation and, using the knowledge they have gained about the inmate and the incident, determine if use of force is necessary."], ["28:28:2.0.3.3.24.3.127.5", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.24 Use of four-point restraints.", "BOP", "", "", "[54 FR 21394, May 17, 1989. Redesignated and amended at 59 FR 30469, 30470, June 13, 1994; 61 FR 39800, July 30, 1996]", "When the Warden determines that four-point restraints are the only means available to obtain and maintain control over an inmate, the following procedures must be followed:\n\n(a) Soft restraints (e.g., vinyl) must be used to restrain an inmate, unless:\n\n(1) Such restraints previously have proven ineffective with respect to that inmate, or\n\n(2) Such restraints are proven ineffective during the initial application procedure.\n\n(b) Inmates will be dressed in clothing appropriate to the temperature.\n\n(c) Beds will be covered with a mattress, and a blanket/sheet will be provided to the inmate.\n\n(d) Staff shall check the inmate at least every 15 minutes, both to ensure that the restraints are not hampering circulation and for the general welfare of the inmate. When an inmate is restrained to a bed, staff shall periodically rotate the inmate's position to avoid soreness or stiffness.\n\n(e) A review of the inmate's placement in four-point restraints shall be made by a Lieutenant every two hours to determine if the use of restraints has had the required calming effect and so that the inmate may be released from these restraints (completely or to lesser restraints) as soon as possible. At every two-hour review, the inmate will be afforded the opportunity to use the toilet, unless the inmate is continuing to actively resist or becomes violent while being released from the restraints for this purpose.\n\n(f) When the inmate is placed in four-point restraints, qualified health personnel shall initially assess the inmate to ensure appropriate breathing and response (physical or verbal). Staff shall also ensure that the restraints have not restricted or impaired the inmate's circulation. When inmates are so restrained, qualified health personnel ordinarily are to visit the inmate at least twice during each eight hour shift. Use of four-point restraints beyond eight hours requires the supervision of qualified health personnel. Mental health and qualified health personnel may be asked for advice regarding the appropriate time for removal of the restraints.\n\n(g) When it is necessary to restrain an inmate for longer than eight hours, the Warden (or designee) or institution administrative duty officer shall notify the Regional Director or Regional Duty Officer by telephone."], ["28:28:2.0.3.3.24.3.127.6", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.25 Use of less-than-lethal weapons, including chemical agents.", "BOP", "", "", "[76 FR 6056, Feb. 3, 2011]", "(a) The Warden may authorize the use of less-than-lethal weapons, including those containing chemical agents, only when the situation is such that the inmate:\n\n(1) Is armed and/or barricaded; or\n\n(2) Cannot be approached without danger to self or others; and\n\n(3) It is determined that a delay in bringing the situation under control would constitute a serious hazard to the inmate or others, or would result in a major disturbance or serious property damage.\n\n(b) The Warden may delegate the authority under this regulation to one or more supervisors on duty and physically present, but not below the position of Lieutenant."], ["28:28:2.0.3.3.24.3.127.7", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.26 Medical attention in use of force and application of restraints incidents.", "BOP", "", "", "[61 FR 39801, July 30, 1996]", "(a) In immediate use of force situations, staff shall seek the assistance of mental health or qualified health personnel upon gaining physical control of the inmate. When possible, staff shall seek such assistance at the onset of the violent behavior. In calculated use of force situations, the use of force team leader shall seek the guidance of qualified health personnel (based upon a review of the inmate's medical record) to identify physical or mental problems. When mental health staff or qualified health personnel determine that an inmate requires continuing care, and particularly when the inmate to be restrained is pregnant, the deciding staff shall assume responsibility for the inmate's care, to include possible admission to the institution hospital, or, in the case of a pregnant inmate, restraining her in other than face down four-point restraints.\n\n(b) After any use of force or forcible application of restraints, the inmate shall be examined by qualified health personnel, and any injuries noted, immediately treated."], ["28:28:2.0.3.3.24.3.127.8", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "C", "Subpart C\u2014Use of Force and Application of Restraints on Inmates", "", "\u00a7 552.27 Documentation of use of force and application of restraints incidents.", "BOP", "", "", "[59 FR 30470, June 13, 1994, as amended at 76 FR 6056, Feb. 3, 2011]", "Staff shall appropriately document all incidents involving the use of force, chemical agents, or less-than-lethal weapons. Staff shall also document, in writing, the use of restraints on an inmate who becomes violent or displays signs of imminent violence. A copy of the report shall be placed in the inmate's central file."], ["28:28:2.0.3.3.24.4.127.1", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "D", "Subpart D\u2014Hostage Situation Management", "", "\u00a7 552.30 Purpose and scope.", "BOP", "", "", "", "The Bureau of Prisons primary objectives in all hostage situations are to safely free the hostage(s) and to regain control of the institution."], ["28:28:2.0.3.3.24.4.127.2", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "D", "Subpart D\u2014Hostage Situation Management", "", "\u00a7 552.31 Negotiations.", "BOP", "", "", "", "The Warden is not ordinarily involved directly in the negotiation process. Instead, this responsibility is ordinarily assigned to a team of individuals specifically trained in hostage negotiation techniques.\n\n(a) Negotiators have no decision-making authority in hostage situations, but rather serve as intermediaries between hostage takers and command center staff.\n\n(b) During the negotiation process, the following items are non-negotiable: release of captors from custody, providing of weapons, exchange of hostages, and immunity from prosecution."], ["28:28:2.0.3.3.24.4.127.3", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "D", "Subpart D\u2014Hostage Situation Management", "", "\u00a7 552.32 Hostages.", "BOP", "", "", "", "Captive staff have no authority and their directives shall be disregarded."], ["28:28:2.0.3.3.24.4.127.4", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "D", "Subpart D\u2014Hostage Situation Management", "", "\u00a7 552.33 Media.", "BOP", "", "", "", "The Warden shall assign staff to handle all news releases and news media inquiries in accordance with the rule on Contact with News Media (see 28 CFR 540.65)."], ["28:28:2.0.3.3.24.5.127.1", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "E", "Subpart E\u2014Suicide Prevention Program", "", "\u00a7 552.40 Purpose and scope.", "BOP", "", "", "", "The Bureau of Prisons (Bureau) operates a suicide prevention program to assist staff in identifying and managing potentially suicidal inmates. When staff identify an inmate as being at risk for suicide, staff will place the inmate on suicide watch. Based upon clinical findings, staff will either terminate the suicide watch when the inmate is no longer at imminent risk for suicide or arrange for the inmate's transfer to a medical referral center or contract health care facility."], ["28:28:2.0.3.3.24.5.127.2", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "E", "Subpart E\u2014Suicide Prevention Program", "", "\u00a7 552.41 Program procedures.", "BOP", "", "", "", "(a)  Program Coordinator.  Each institution must have a Program Coordinator for the institution's suicide prevention program.\n\n(b)  Training.  The Program Coordinator is responsible for ensuring that appropriate training is available to staff and to inmates selected as inmate observers.\n\n(c)  Identification of at risk inmates.  (1) Medical staff are to screen a newly admitted inmate for signs that the inmate is at risk for suicide. Ordinarily, this screening is to take place within twenty-four hours of the inmate's admission to the institution.\n\n(2) Staff (whether medical or non-medical) may make an identification at any time based upon the inmate's observed behavior.\n\n(d)  Referral.  Staff who identify an inmate to be at risk for suicide will have the inmate placed on suicide watch.\n\n(e)  Assessment.  A psychologist will clinically assess each inmate placed on suicide watch.\n\n(f)  Intervention.  Upon completion of the clinical assessment, the Program Coordinator or designee will determine the appropriate intervention that best meets the needs of the inmate."], ["28:28:2.0.3.3.24.5.127.3", 28, "Judicial Administration", "V", "C", "552", "PART 552\u2014CUSTODY", "E", "Subpart E\u2014Suicide Prevention Program", "", "\u00a7 552.42 Suicide watch conditions.", "BOP", "", "", "", "(a)  Housing.  Each institution must have one or more rooms designated specifically for housing an inmate on suicide watch. The designated room must allow staff to maintain adequate control of the inmate without compromising the ability to observe and protect the inmate.\n\n(b)  Observation.  (1) Staff or trained inmate observers operating in scheduled shifts are responsible for keeping the inmate under constant observation.\n\n(2) Only the Warden may authorize the use of inmate observers.\n\n(3) Inmate observers are considered to be on an institution work assignment when they are on their scheduled shift.\n\n(c)  Suicide watch log.  Observers are to document significant observed behavior in a log book.\n\n(d)  Termination.  Based upon clinical findings, the Program Coordinator or designee will:\n\n(1) Remove the inmate from suicide watch when the inmate is no longer at imminent risk for suicide, or\n\n(2) Arrange for the inmate's transfer to a medical referral center or health care facility."], ["29:29:3.1.1.1.29.1.105.1", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "A", "Subpart A\u2014General Regulations", "", "\u00a7 552.1 Terms used in regulations.", "DOL-WHD", "", "", "", "(a)  Administrator  means the Administrator of the Wage and Hour Division, U.S. Department of Labor, or the Administrator's authorized representative.\n\n(b)  Act  means the Fair Labor Standards Act of 1938, as amended."], ["29:29:3.1.1.1.29.1.105.2", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "A", "Subpart A\u2014General Regulations", "", "\u00a7 552.2 Purpose and scope.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 44 FR 37221, June 26, 1979; 60 FR 46767, 46768, Sept. 8, 1995]", "(a) This part provides necessary rules for the application of the Act to domestic service employment in accordance with the following amendments made by the Fair Labor Standards Amendments of 1974, 88 Stat. 55,  et seq.\n\n(b) Section 2(a) of the Act finds that the \u201cemployment of persons in domestic service in households affects commerce.\u201d Section 6(f) extends the minimum wage protection under section 6(b) to employees employed as domestic service employees under either of the following circumstances:\n\n(1) If the employee's compensation for such services from his/her employer would constitute wages under section 209(a)(6) of title II of the Social Security Act, that is, if the cash remuneration during a calendar year is not less than $1,000 in 1995, or the amount designated for subsequent years pursuant to the adjustment provision in section 3121(x) of the Internal Revenue Code of 1986; or\n\n(2) If the employee was employed in such domestic service work by one or more employers for more than 8 hours in the aggregate in any workweek.\n\nSection 7(l) extends generally the protection of the overtime provisions of section 7(a) to such domestic service employees. Section 13(a)(15) provides both a minimum wage and overtime exemption for \u201cemployees employed on a casual basis in domestic service employment to provide babysitting services\u201d and for domestic service employees employed\u201d to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves.\u201d Section 13(b)(21) provides an overtime exemption for domestic service employees who reside in the household in which they are employed.\n\n(c) The definitions required by section 13(a)(15) are contained in \u00a7\u00a7 552.3, 552.4, 552.5 and 552.6."], ["29:29:3.1.1.1.29.1.105.3", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "A", "Subpart A\u2014General Regulations", "", "\u00a7 552.3 Domestic service employment.", "DOL-WHD", "", "", "[78 FR 60557, Oct. 1, 2013]", "The term  domestic service employment  means services of a household nature performed by an employee in or about a private home (permanent or temporary). The term includes services performed by employees such as companions, babysitters, cooks, waiters, butlers, valets, maids, housekeepers, nannies, nurses, janitors, laundresses, caretakers, handymen, gardeners, home health aides, personal care aides, and chauffeurs of automobiles for family use. This listing is illustrative and not exhaustive."], ["29:29:3.1.1.1.29.1.105.4", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "A", "Subpart A\u2014General Regulations", "", "\u00a7 552.4 Babysitting services.", "DOL-WHD", "", "", "", "As used in section 13(a)(15) of the Act, the term  babysitting services  shall mean the custodial care and protection, during any part of the 24-hour day, of infants or children in or about the private home in which the infants or young children reside. The term \u201cbabysitting services\u201d does not include services relating to the care and protection of infants or children which are performed by trained personnel, such as registered, vocational, or practical nurses. While such trained personnel do not qualify as babysitters, this fact does not remove them from the category of a covered domestic service employee when employed in or about a private household."], ["29:29:3.1.1.1.29.1.105.5", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "A", "Subpart A\u2014General Regulations", "", "\u00a7 552.5 Casual basis.", "DOL-WHD", "", "", "", "As used in section 13(a)(15) of the Act, the term  casual basis,  when applied to babysitting services, shall mean employment which is irregular or intermittent, and which is not performed by an individual whose vocation is babysitting. Casual babysitting services may include the performance of some household work not related to caring for the children:  Provided, however,  That such work is incidental,  i.e.,  does not exceed 20 percent of the total hours worked on the particular babysitting assignment."], ["29:29:3.1.1.1.29.1.105.6", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "A", "Subpart A\u2014General Regulations", "", "\u00a7 552.6 Companionship services.", "DOL-WHD", "", "", "[78 FR 60557, Oct. 1, 2013]", "(a) As used in section 13(a)(15) of the Act, the term  companionship services  means the provision of fellowship and protection for an elderly person or person with an illness, injury, or disability who requires assistance in caring for himself or herself. The provision of  fellowship  means to engage the person in social, physical, and mental activities, such as conversation, reading, games, crafts, or accompanying the person on walks, on errands, to appointments, or to social events. The provision of  protection  means to be present with the person in his or her home or to accompany the person when outside of the home to monitor the person's safety and well-being.\n\n(b) The term  companionship services  also includes the provision of care if the care is provided attendant to and in conjunction with the provision of fellowship and protection and if it does not exceed 20 percent of the total hours worked per person and per workweek. The provision of  care  means to assist the person with activities of daily living (such as dressing, grooming, feeding, bathing, toileting, and transferring) and instrumental activities of daily living, which are tasks that enable a person to live independently at home (such as meal preparation, driving, light housework, managing finances, assistance with the physical taking of medications, and arranging medical care).\n\n(c) The term  companionship services  does not include domestic services performed primarily for the benefit of other members of the household.\n\n(d) The term  companionship services  does not include the performance of medically related services provided for the person. The determination of whether services are medically related is based on whether the services typically require and are performed by trained personnel, such as registered nurses, licensed practical nurses, or certified nursing assistants; the determination is not based on the actual training or occupational title of the individual performing the services."], ["29:29:3.1.1.1.29.2.105.1", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.99 Basis for coverage of domestic service employees.", "DOL-WHD", "", "", "", "Congress in section 2(a) of the Act specifically found that the employment of persons in domestic service in households affects commerce. In the legislative history it was pointed out that employees in domestic service employment handle goods such as soaps, mops, detergents, and vacuum cleaners that have moved in or were produced for interstate commerce and also that they free members of the household to themselves to engage in activities in interstate commerce (S. Rep. 93-690, pp. 21-22). The Senate Committee on Labor and Public Welfare \u201ctook note of the expanded use of the interstate commerce clause by the Supreme Court in numerous recent cases (particularly  Katzenbach  v.  McClung,  379 U.S. 294 (1964)),\u201d and concluded \u201cthat coverage of domestic employees is a vital step in the direction of ensuring that all workers affecting interstate commerce are protected by the Fair Labor Standards Act\u201d (S. Rep. 93-690, pp. 21-22)."], ["29:29:3.1.1.1.29.2.105.10", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.108 Child labor provisions.", "DOL-WHD", "", "", "", "Congress made no change in section 12 as regards domestic service employees. Accordingly, the child labor provisions of the Act do not apply unless the underaged minor (a) is individually engaged in commerce or in the production of goods for commerce, or (b) is employed by an enterprise meeting the coverage tests of sections 3(r) and 3(s)(1) of the Act, or (c) is employed in or about a home where work in the production of goods for commerce is performed."], ["29:29:3.1.1.1.29.2.105.11", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.109 Third party employment.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 78 FR 60557, Oct. 1, 2013]", "(a) Third party employers of employees engaged in companionship services within the meaning of \u00a7 552.6 may not avail themselves of the minimum wage and overtime exemption provided by section 13(a)(15) of the Act, even if the employee is jointly employed by the individual or member of the family or household using the services. However, the individual or member of the family or household, even if considered a joint employer, is still entitled to assert the exemption, if the employee meets all of the requirements of \u00a7 552.6.\n\n(b) Employees who are engaged in providing babysitting services and who are employed by an employer or agency other than the family or household using their services are not employed on a \u201ccasual basis\u201d for purposes of the section 13(a)(15) exemption. Such employees are engaged in this occupation as a vocation.\n\n(c) Third party employers of employees engaged in live-in domestic service employment within the meaning of \u00a7 552.102 may not avail themselves of the overtime exemption provided by section 13(b)(21) of the Act, even if the employee is jointly employed by the individual or member of the family or household using the services. However, the individual or member of the family or household, even if considered a joint employer, is still entitled to assert the exemption."], ["29:29:3.1.1.1.29.2.105.12", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.110 Recordkeeping requirements.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 78 FR 60557, Oct. 1, 2013]", "(a) The general recordkeeping regulations are found in part 516 of this chapter and they require that every employer having covered domestic service employees shall keep records which show for each such employee: (1) Name in full, (2) social security number, (3) address in full, including zip code, (4) total hours worked each week by the employee for the employer, (5) total cash wages paid each week to the employee by the employer, (6) weekly sums claimed by the employer for board, lodging or other facilities, and (7) extra pay for weekly hours worked in excess of 40 by the employee for the employer. No particular form of records is required, so long as the above information is recorded and the record is maintained and preserved for a period of 3 years.\n\n(b) In the case of an employee who resides on the premises, the employer shall keep a copy of the agreement specified by \u00a7 552.102 and make, keep, and preserve a record showing the exact number of hours worked by the live-in domestic service employee. The provisions of \u00a7 516.2(c) of this chapter shall not apply to live-in domestic service employees.\n\n(c) With the exception of live-in domestic service employees, where a domestic service employee works on a fixed schedule, the employer may use a schedule of daily and weekly hours that the employee normally works and either the employer or the employee may:\n\n(1) Indicate by check marks, statement or other method that such hours were actually worked; and\n\n(2) When more or less than the scheduled hours are worked, show the exact number of hours worked.\n\n(d) The employer is required to maintain records of hours worked by each covered domestic service employee. However, the employer may require the domestic service employee to record the hours worked and submit such record to the employer.\n\n(e) No records are required for casual babysitters."], ["29:29:3.1.1.1.29.2.105.2", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.100 Application of minimum wage and overtime provisions.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 44 FR 6716, Feb. 2, 1979; 60 FR 46768, Sept. 8, 1995]", "(a)(1) Domestic service employees must receive for employment in any household a minimum wage of not less than that required by section 6(a) of the Fair Labor Standards Act.\n\n(2) In addition, domestic service employees who work more than 40 hours in any one workweek for the same employer must be paid overtime compensation at a rate not less than one and one-half times the employee's regular rate of pay for such excess hours, unless the employee is one who resides in the employer's household. In the case of employees who reside in the household where they are employed, section 13(b)(21) of the Act provides an overtime, but not a minimum wage, exemption. See \u00a7 552.102.\n\n(b) In meeting the wage responsibilities imposed by the Act, employers may take appropriate credit for the reasonable cost or fair value, as determined by the Administrator, of food, lodging and other facilities customarily furnished to the employee by the employer such as drugs, cosmetics, drycleaning, etc. See S. Rep. 93-690, p. 19, and section 3(m) of the Act. Credit may be taken for the reasonable cost or fair value of these facilities only when the employee's acceptance of them is voluntary and uncoerced. See regulations, part 531. Where uniforms are required by the employer, the cost of the uniforms and their care may not be included in such credit.\n\n(c) For enforcement purposes, the Administrator will accept a credit taken by the employer of up to 37.5 percent of the statutory minimum hourly wage for a breakfast (if furnished), up to 50 percent of the statutory minimum hourly wage for a lunch (if furnished), and up to 62.5 percent of the statutory minimum hourly wage for a dinner (if furnished), which meal credits when combined do not in total exceed 150 percent of the statutory minimum hourly wage for any day. Nothing herein shall prevent employers from crediting themselves with the actual cost or fair value of furnishing meals, whichever is less, as determined in accordance with part 531 of this chapter, if such cost or fair value is different from the meal credits specified above:  Provided, however,  that employers keep, maintain and preserve (for a period of 3 years) the records on which they rely to justify such different cost figures.\n\n(d) In the case of lodging furnished to live-in domestic service employees, the Administrator will accept a credit taken by the employer of up to seven and one-half times the statutory minimum hourly wage for each week lodging is furnished. Nothing herein shall prevent employers from crediting themselves with the actual cost or fair value of furnishing lodging, whichever is less, as determined in accordance with part 531 of this chapter, if such cost or fair value is different from the amount specified above,  provided, however,  that employers keep, maintain, and preserve (for a period of 3 years) the records on which they rely to justify such different cost figures. In determining reasonable cost or fair value, the regulations and rulings in 29 CFR part 531 are applicable."], ["29:29:3.1.1.1.29.2.105.3", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.101 Domestic service employment.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995; 78 FR 60557, Oct. 1, 2013]", "(a) The definition of  domestic service employment  contained in \u00a7 552.3 is derived from the regulations issued under the Social Security Act (20 CFR 404.1057) and from \u201cthe generally accepted meaning\u201d of the term. Accordingly, the term includes persons who are frequently referred to as \u201cprivate household workers.\u201d See. S. Rep. 93-690, p. 20. The domestic service must be performed in or about a private home whether that home is a fixed place of abode or a temporary dwelling as in the case of an individual or family traveling on vacation. A separate and distinct dwelling maintained by an individual or a family in an apartment house, condominium or hotel may constitute a private home.\n\n(b) Employees employed in dwelling places which are primarily rooming or boarding houses are not considered domestic service employees. The places where they work are not private homes but commercial or business establishments. Likewise, employees employed in connection with a business or professional service which is conducted in a home (such as a real estate, doctor's, dentist's or lawyer's office) are not domestic service employees.\n\n(c) In determining the total hours worked, the employer must include all time the employee is required to be on the premises or on duty and all time the employee is suffered or permitted to work. Special rules for live-in domestic service employees are set forth in \u00a7 552.102."], ["29:29:3.1.1.1.29.2.105.4", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.102 Live-in domestic service employees.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 78 FR 60557, Oct. 1, 2013]", "(a) Domestic service employees who reside in the household where they are employed are entitled to the same minimum wage as domestic service employees who work by the day. However, section 13(b)(21) provides an exemption from the Act's overtime requirements for domestic service employees who reside in the household where employed. But this exemption does not excuse the employer from paying the live-in worker at the applicable minimum wage rate for all hours worked. In determining the number of hours worked by a live-in worker, the employee and the employer may exclude, by agreement between themselves, the amount of sleeping time, meal time and other periods of complete freedom from all duties when the employee may either leave the premises or stay on the premises for purely personal pursuits. For periods of free time (other than those relating to meals and sleeping) to be excluded from hours worked, the periods must be of sufficient duration to enable the employee to make effective use of the time. If the sleeping time, meal periods or other periods of free time are interrupted by a call to duty, the interruption must be counted as hours worked. See regulations part 785, \u00a7 785.23.\n\n(b) If it is found by the parties that there is a significant deviation from the initial agreement, the parties should reach a new agreement that reflects the actual facts of the hours worked by the employee."], ["29:29:3.1.1.1.29.2.105.5", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.103 Babysitting services in general.", "DOL-WHD", "", "", "", "The term \u201cbabysitting services\u201d is defined in \u00a7 552.4. Babysitting is a form of domestic service, and babysitters other than those working on a casual basis are entitled to the same benefits under the Act as other domestic service employees."], ["29:29:3.1.1.1.29.2.105.6", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.104 Babysitting services performed on a casual basis.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995]", "(a) Employees performing babysitting services on a casual basis, as defined in \u00a7 552.5 are excluded from the minimum wage and overtime provisions of the Act. The rationale for this exclusion is that such persons are usually not dependent upon the income from rendering such services for their livelihood. Such services are often provided by (1) Teenagers during non-school hours or for a short period after completing high school but prior to entering other employment as a vocation, or (2) older persons whose main source of livelihood is from other means.\n\n(b) Employment in babysitting services would usually be on a \u201ccasual basis,\u201d whether performed for one or more employees, if such employment by all such employers does not exceed 20 hours per week in the aggregate. Employment in excess of these hours may still be on a \u201ccasual basis\u201d if the excessive hours of employment are without regularity or are for irregular or intermittent periods. Employment in babysitting services shall also be deemed to be on a \u201ccasual basis\u201d (regardless of the number of weekly hours worked by the babysitter) in the case of individuals whose vocations are not domestic service who accompany families for a vacation period to take care of the children if the duration of such employment does not exceed 6 weeks.\n\n(c) If the individual performing babysitting services on a \u201ccasual basis\u201d devotes more than 20 percent of his or her time to household work during a babysitting assignment, the exemption for \u201cbabysitting services on a casual basis\u201d does not apply during that assignment and the individual must be paid in accordance with the Act's minimum wage and overtime requirements. This does not affect the application of the exemption for previous or subsequent babysitting assignments where the 20 percent tolerance is not exceeded.\n\n(d) Individuals who engage in babysitting as a full-time occupation are not employed on a \u201ccasual basis.\u201d"], ["29:29:3.1.1.1.29.2.105.7", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.105 Individuals performing babysitting services in their own homes.", "DOL-WHD", "", "", "[40 FR 7405, Feb. 20, 1975, as amended at 60 FR 46768, Sept. 8, 1995]", "(a) It is clear from the legislative history that the Act's new coverage of domestic service employees is limited to those persons who perform such services in or about the private household of the employer. Accordingly, if such services are performed away from the employer's permanent, or temporary household there is no coverage under sections 6(f) and 7(l) of the Act. A typical example would be an individual who cares for the children of others in her own home. This type of operation, however, could, depending on the particular facts, qualify as a preschool or day care center and thus be covered under section 3(s)(1)(B) of the Act in which case the person providing the service would be required to comply with the applicable provisions of the Act.\n\n(b) An individual in a local neighborhood who takes four or five children into his or her home, which is operated as a day care home, and who does not have more than one employee or whose only employees are members of that individual's immediate family is not covered by the Fair Labor Standards Act."], ["29:29:3.1.1.1.29.2.105.8", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.106 Companionship services.", "DOL-WHD", "", "", "[78 FR 60557, Oct. 1, 2013]", "The term \u201ccompanionship services\u201d is defined in \u00a7 552.6. Persons who provide care and protection for babies and young children who do not have illnesses, injuries, or disabilities are considered babysitters, not companions. The companion must perform the services with respect to the elderly person or person with an illness, injury, or disability and not generally to other persons. The \u201ccasual\u201d limitation does not apply to companion services."], ["29:29:3.1.1.1.29.2.105.9", 29, "Labor", "V", "A", "552", "PART 552\u2014APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE", "B", "Subpart B\u2014Interpretations", "", "\u00a7 552.107 Yard maintenance workers.", "DOL-WHD", "", "", "", "Persons who mow lawns and perform other yard work in a neighborhood community generally provide their own equipment, set their own work schedule and occasionally hire other individuals. Such persons will be recognized as independent contractors who are not covered by the Act as domestic service employees. On the other hand, gardeners and yardmen employed primarily by one household are not usually independent contractors."], ["49:49:6.1.2.3.25.1.7.1", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.1 Scope.", "NHTSA", "", "", "[60 FR 17267, Apr. 5, 1995]", "This part establishes procedures for the submission and disposition of petitions filed by interested persons pursuant to 49 U.S.C. Chapters 301, 305, 321, 323, 325, 327, 329 and 331 to initiate rulemaking or to make a decision that a motor vehicle or item of replacement equipment does not comply with an applicable Federal motor vehicle safety standard or contains a defect which relates to motor vehicle safety."], ["49:49:6.1.2.3.25.1.7.10", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.10 Denial of petition.", "NHTSA", "", "", "", "If a petition is denied, a  Federal Register  notice of the denial is issued within 45 days of the denial, setting forth the reasons for denial of the petition."], ["49:49:6.1.2.3.25.1.7.2", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.2 Purpose.", "NHTSA", "", "", "[60 FR 17267, Apr. 5, 1995]", "The purpose of this part is to enable the National Highway Traffic Safety Administration to identify and respond on a timely basis to petitions for rulemaking or defect or noncompliance decisions, and to inform the public of the procedures following in response to such petitions."], ["49:49:6.1.2.3.25.1.7.3", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.3 General.", "NHTSA", "", "", "[60 FR 17267, Apr. 5, 1995]", "Any interested person may file with the Administrator a petition requesting him:\n\n(a) To commence a proceeding respecting the issuance, amendment or revocation of a motor vehicle safety standard, or\n\n(b) To commence a proceeding to decide whether to issue an order concerning the notification and remedy of a failure of a motor vehicle or item of replacement equipment to comply with an applicable motor vehicle safety standard or a defect in such vehicle or equipment that relates to motor vehicle safety."], ["49:49:6.1.2.3.25.1.7.4", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.4 Requirements for petition.", "NHTSA", "", "", "", "A petition filed under this part should be addressed and submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590. Each petition filed under this part must:\n\n(a) Be written in the English language;\n\n(b) Have, preceding its text, a heading that includes the word \u201cPetition\u201d;\n\n(c) Set forth facts which it is claimed establish that an order is necessary;\n\n(d) Set forth a brief description of the substance of the order which it is claimed should be issued; and\n\n(e) Contain the name and address of the petitioner."], ["49:49:6.1.2.3.25.1.7.5", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.5 Improperly filed petitions.", "NHTSA", "", "", "", "(a) A petition that is not addressed as specified in \u00a7 552.4, but that meets the other requirements of that section, will be treated as a properly filed petition, received as of the time it is discovered and identified.\n\n(b) A document that fails to conform to one or more of the requirements of \u00a7 552.4(a) through (e) will not be treated as a petition under this part. Such a document will be treated according to the existing correspondence or other appropriate procedures of the NHTSA, and any suggestions contained in it will be considered at the discretion of the Administrator or his delegate."], ["49:49:6.1.2.3.25.1.7.6", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.6 Technical review.", "NHTSA", "", "", "[60 FR 17267, Apr. 5, 1995]", "The appropriate Associate Administrator conducts a technical review of the petition. The technical review may consist of an analysis of the material submitted, together with information already in the possession of the agency. It may also include the collection of additional information, or a public meeting in accordance with \u00a7 552.7."], ["49:49:6.1.2.3.25.1.7.7", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.7 Public meeting.", "NHTSA", "", "", "", "If the Associate Administrator decides that a public meeting on the subject of the petition would contribute to the determination whether to commence a proceeding, he issues a notice of public meeting for publication in the  Federal Register  to advise interested persons of the time, place, and subject matter of the public meeting and invite their participation. Interested persons may submit their views and evidence through oral or written presentations, or both. There is no cross examination of witnesses. A transcript of the meeting is kept and exhibits may be accepted as part of the transcript. Sections 556 and 557 of title 5, U.S.C., do not apply to meetings held under this part. The Chief Counsel designates a member of his staff to serve as legal officer at the meeting."], ["49:49:6.1.2.3.25.1.7.8", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.8 Notification of agency action on the petition.", "NHTSA", "", "", "[60 FR 17267, Apr. 5, 1995]", "After considering the technical review conducted under \u00a7 552.6, and taking into account appropriate factors, which may include, among others, allocation of agency resources, agency priorities and the likelihood of success in litigation which might arise from the order, the Administrator will grant or deny the petition. NHTSA will notify the petitioner of the decision to grant or deny the petition within 120 days after its receipt of the petition."], ["49:49:6.1.2.3.25.1.7.9", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "A", "Subpart A\u2014General", "", "\u00a7 552.9 Grant of petition.", "NHTSA", "", "", "", "(a) If a petition for rulemaking with respect to a motor vehicle safety standard is granted, a rulemaking proceeding is promptly commenced in accordance with applicable NHTSA and statutory procedures. The granting of such a petition and the commencement of a rulemaking proceeding does not signify, however, that the rule in question will be issued. A decision as to the issuance of the rule is made on the basis of all available information developed in the course of the rulemaking proceeding, in accordance with statutory criteria.\n\n(b) If a petition with respect to a noncompliance or a defect is granted, a proceeding to determine the existence of the noncompliance or defect is promptly commenced by the initiation of an investigation by the Office of Standards Enforcement or the Office of Defects Investigation, as appropriate."], ["49:49:6.1.2.3.25.2.7.1", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "B", "Subpart B\u2014Petitions for Expedited Rulemaking To Establish Dynamic Automatic Suppression System Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection", "", "\u00a7 552.11 Application.", "NHTSA", "", "", "", "This subpart establishes procedures for the submission and disposition of petitions filed by interested parties to initiate rulemaking to add a test procedure to 49 CFR 571.208, S28."], ["49:49:6.1.2.3.25.2.7.2", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "B", "Subpart B\u2014Petitions for Expedited Rulemaking To Establish Dynamic Automatic Suppression System Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection", "", "\u00a7 552.12 Definitions.", "NHTSA", "", "", "", "For purposes of this subpart, the following definitions apply:\n\n(a)  Dynamic automatic suppression system (DASS)  means a portion of an air bag system that automatically controls whether or not the air bag deploys during a crash by:\n\n(1) Sensing the location of an occupant, moving or still, in relation to the air bag;\n\n(2) Interpreting the occupant characteristics and location information to determine whether or not the air bag should deploy; and\n\n(3) Activating or suppressing the air bag system based on the interpretation of characteristics and occupant location information.\n\n(b)  Automatic suppression zone (ASZ)  means a three-dimensional zone adjacent to the air bag cover, specified by the vehicle manufacturer, where air bag deployment will be suppressed by the DASS if a vehicle occupant enters the zone under specified conditions.\n\n(c)  Standard No. 208  means 49 CFR 571.208."], ["49:49:6.1.2.3.25.2.7.3", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "B", "Subpart B\u2014Petitions for Expedited Rulemaking To Establish Dynamic Automatic Suppression System Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection", "", "\u00a7 552.13 Form of petition.", "NHTSA", "", "", "", "Each petition filed under this subpart shall\u2014\n\n(a) Be submitted to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590.\n\n(b) Be written in the English language.\n\n(c) State the name and address of the petitioner.\n\n(d) Set forth in full the data, views and arguments of the petitioner supporting the requested test procedure, including all of the content information specified by \u00a7 552.14. Any documents incorporated by reference in the procedure shall be submitted with the petition.\n\n(e) Specify and segregate any part of the information and data submitted that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter including, if requested, the name and address of the petitioner.\n\n(f) Not request confidential treatment for the requested test procedure and, to the extent confidential treatment is requested concerning a particular DASS or data and analysis submitted in support of the petition, provide a general non-confidential description of the operation of the DASS and of the data and analysis supporting the petition.\n\n(g) Set forth a requested effective date and be submitted at least nine months before that date."], ["49:49:6.1.2.3.25.2.7.4", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "B", "Subpart B\u2014Petitions for Expedited Rulemaking To Establish Dynamic Automatic Suppression System Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection", "", "\u00a7 552.14 Content of petition.", "NHTSA", "", "", "", "The petitioner shall provide the following information:\n\n(a) A set of proposed test procedures for S28.1, S28.2, S28.3, and S28.4 of Standard No. 208 which the petitioner believes are appropriate for assessing a particular DASS.\n\n(1) For S28.1 of Standard No. 208, the petitioner shall specify at least one specific position for the Part 572, subpart O 5th percentile female dummy that is:\n\n(i) Outside but adjacent to the ASZ, and\n\n(ii) Representative of an unbelted occupant position that is likely to occur during a frontal crash.\n\n(2) For S28.2 of Standard No. 208, the petitioner shall specify at least one specific position for the Part 572 Subpart P 3-year-old child dummy and at least one specific position for the Part 572 Subpart N 6-year-old child dummy that are:\n\n(i) Outside but adjacent to the ASZ, and\n\n(ii) Representative of unbelted occupant positions that are likely to occur during a frontal crash where pre-crash braking occurs.\n\n(3) For S28.3 of Standard No. 208, the petitioner shall specify a procedure which tests the operation of the DASS by moving a test device toward the driver air bag in a manner that simulates the motion of an unbelted occupant during pre-crash braking or other pre-crash maneuver. The petitioner shall include a complete description, including drawings and instrumentation, of the test device employed in the proposed test. The petitioner shall include in the procedure a means for determining whether the driver air bag was suppressed before any portion of the specified test device entered the ASZ during the test. The procedure shall also include a means of determining when the specified test device occupies the ASZ.\n\n(4) For S28.4 of Standard No. 208, the petitioner shall specify a procedure which tests the operation of the DASS by moving a test device toward the passenger air bag in a manner that simulates the motion of an unbelted occupant during pre-crash braking or other pre-crash maneuver. The petitioner shall include a complete description, including drawings and instrumentation, of the test device employed in the proposed test. The petitioner shall include in the procedure a means for determining whether the passenger air bag was suppressed before any portion of the specified test device entered the ASZ during the test. The procedure shall also include a means of determining when the specified test device occupies the ASZ.\n\n(b) A complete description and explanation of the particular DASS that the petitioner believes will be appropriately assessed by the recommended test procedures. This shall include:\n\n(1) A description of the logic used by the DASS in determining whether to suppress the air bag or allow it to deploy. Such description shall include flow charts or similar materials outlining the operation of the system logic, the system reaction time, the time duration used to evaluate whether the air bag should be suppressed or deployed, changes, if any, in system performance based on the size of an occupant and vehicle speed, and a description of the size and shape of the zone where under similar circumstances and conditions the DASS may either allow or suppress deployment. Such description shall also address whether and how the DASS discriminates between an occupant's torso or head entering the ASZ as compared to an occupant's hand or arm, and whether and how the DASS discriminates between an occupant entering the ASZ and an inanimate object such as a newspaper or ball entering the ASZ.\n\n(2) Detailed specifications for the size and shape of the ASZ, including whether the suppression zone is designed to change size or shape depending on the vehicle speed, occupant size, or other factors.\n\n(c) Analysis and data supporting the appropriateness, repeatability, reproducibility and practicability of each of the proposed test procedures.\n\n(1) For the procedures proposed for inclusion in S28.1 and S28.2 of Standard No. 208, the petitioner shall provide the basis for the proposed dummy positions, including but not limited to, why the positions are representative of what is likely to occur in real world crashes.\n\n(2) For the procedures proposed for inclusion in S28.3 and S28.4 of Standard No. 208, the petitioner shall provide:\n\n(i) A complete explanation of the means used in the proposed test to ascertain whether the air bag is suppressed or activated during the test.\n\n(ii) A complete description of the means used to evaluate the ability of the DASS to detect and respond to an occupant moving toward an air bag, including the method used to move a test device toward an air bag at speeds representative of occupant movement during pre-crash braking or other pre-crash maneuver.\n\n(iii) The procedure used for locating the test device inside a test vehicle in preparation for testing, including an accounting of the reference points used to specify such location.\n\n(iv) An explanation of the methods used to measure the amount of time needed by a suppression system to suppress an air bag once a suppression triggering event occurs.\n\n(v) High speed film or video of at least two tests of the DASS using the proposed test procedure.\n\n(vi) Data generated from not less than two tests of the DASS using the proposed test procedure, including an account of the data streams monitored during testing and complete samples of these data streams from not less than two tests performed under the proposed procedure.\n\n(d) Analysis concerning the variety of potential DASS designs for which the requested test procedure is appropriate; e.g., whether the test procedures are appropriate only for the specific DASS design contemplated by the petitioner, for all DASS designs incorporating the same technologies, or for all DASS designs."], ["49:49:6.1.2.3.25.2.7.5", 49, "Transportation", "V", "", "552", "PART 552\u2014PETITIONS FOR RULEMAKING, DEFECT, AND NONCOMPLIANCE ORDERS", "B", "Subpart B\u2014Petitions for Expedited Rulemaking To Establish Dynamic Automatic Suppression System Test Procedures for Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection", "", "\u00a7 552.15 Processing of petition.", "NHTSA", "", "", "", "(a) NHTSA will process any petition that contains the information specified by this subpart. If a petition fails to provide any of the information, NHTSA will not process the petition but will advise the petitioner of the information that shall be provided if the agency is to process the petition. The agency will seek to notify the petitioner of any such deficiency within 30 days after receipt of the petition.\n\n(b) At any time during the agency's consideration of a petition submitted under this part, the Administrator may request the petitioner to provide additional supporting information and data and/or provide a demonstration of any of the requested test procedures. The agency will seek to make any such request within 60 days after receipt of the petition. Such demonstration may be at either an agency designated facility or one chosen by the petitioner, provided that, in either case, the facility shall be located in North America. If such a request is not honored to the satisfaction of the agency, the petition will not receive further consideration until the requested information is submitted.\n\n(c) The agency will publish in the  Federal Register  either a Notice of Proposed Rulemaking proposing adoption of the requested test procedures, possibly with changes and/or additions, or a notice denying the petition. The agency will seek to issue either notice within 120 days after receipt of a complete petition. However, this time period may be extended by any time period during which the agency is awaiting additional information it requests from the petitioner or is awaiting a requested demonstration. The agency contemplates a 30 to 60 day comment period for any Notice of Proposed Rulemaking, and will endeavor to issue a final rule within 60 days thereafter."], ["9:9:2.0.2.5.63.0.40.1", 9, "Animals and Animal Products", "III", "F", "552", "PART 552\u2014EXPORTS", "", "", "", "\u00a7 552.1 Affixing stamps and marking products for export; issuance of export certificates; clearance of vessels and transportation.", "FSIS", "", "", "[80 FR 75616, Dec. 2, 2015]", "(a) The manner of affixing stamps and marking products for export is that prescribed in \u00a7 322.1(a) of this chapter.\n\n(b) The requirements for the issuance of export certificates are as prescribed in \u00a7 322.2 of this chapter.\n\n(c) The requirements for clearing vessels and other transportation vehicles are set out in \u00a7 322.4 of this chapter."]], "truncated": false, "filtered_table_rows_count": 54, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "552"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=552", "results": [{"value": 28, "label": 28, "count": 20, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&title_number=28", "selected": false}, {"value": 29, "label": 29, "count": 18, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&title_number=29", "selected": false}, {"value": 49, "label": 49, "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&title_number=49", "selected": false}, {"value": 9, "label": 9, "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&title_number=9", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=552", "results": [{"value": "BOP", "label": "BOP", "count": 20, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&agency=BOP", "selected": false}, {"value": "DOL-WHD", "label": "DOL-WHD", "count": 18, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&agency=DOL-WHD", "selected": false}, {"value": "NHTSA", "label": "NHTSA", "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&agency=NHTSA", "selected": false}, {"value": "FSIS", "label": "FSIS", "count": 1, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&agency=FSIS", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=552", "results": [{"value": "552", "label": "552", "count": 54, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=552&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 1042.0862549799494, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}