cfr_sections
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40 rows where part_number = 1540 sorted by section_id
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:9.1.3.5.9.1.10.1 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | A | Subpart A—General | § 1540.1 Applicability of this subchapter and this part. | TSA | This subchapter and this part apply to persons engaged in aviation-related activities. | ||||
| 49:49:9.1.3.5.9.1.10.2 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | A | Subpart A—General | § 1540.3 Delegation of authority. | TSA | (a) Where the Administrator is named in this subchapter as exercising authority over a function, the authority is exercised by the Administrator or the Deputy Administrator, or any individual formally designated to act as the Administrator or the Deputy Administrator. (b) Where TSA or the designated official is named in this subchapter as exercising authority over a function, the authority is exercised by the official designated by the Administrator to perform that function. | ||||
| 49:49:9.1.3.5.9.1.10.3 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | A | Subpart A—General | § 1540.5 Terms used in this subchapter. | TSA | [67 FR 8353, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, 2002; 71 FR 30507, May 26, 2006; 74 FR 47700, Sept. 16, 2009] | In addition to the terms in part 1500 of this chapter, the following terms are used in this subchapter: Air operations area (AOA) means a portion of an airport, specified in the airport security program, in which security measures specified in this part are carried out. This area includes aircraft movement areas, aircraft parking areas, loading ramps, and safety areas, for use by aircraft regulated under 49 CFR part 1544 or 1546, and any adjacent areas (such as general aviation areas) that are not separated by adequate security systems, measures, or procedures. This area does not include the secured area. Aircraft operator means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation including the piloting of aircraft, or on any part of the surface of an airport. In specific parts or sections of this subchapter, “aircraft operator” is used to refer to specific types of operators as described in those parts or sections. Airport operator means a person that operates an airport serving an aircraft operator or a foreign air carrier required to have a security program under part 1544 or 1546 of this chapter. Airport security program means a security program approved by TSA under § 1542.101 of this chapter. Airport tenant means any person, other than an aircraft operator or foreign air carrier that has a security program under part 1544 or 1546 of this chapter, that has an agreement with the airport operator to conduct business on airport property. Airport tenant security program means the agreement between the airport operator and an airport tenant that specifies the measures by which the tenant will perform security functions, and approved by TSA, under § 1542.113 of this chapter. Approved, unless used with reference to another person, means approved by TSA. Cargo means property tendered for air transportation accounted for on an air waybill. All accompanied commercial cou… | |||
| 49:49:9.1.3.5.9.1.10.4 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | A | Subpart A—General | § 1540.7 Severability. | TSA | [89 FR 35626, May 1, 2024] | Any provision of this subchapter held to be invalid or unenforceable as applied to any person or circumstance shall be construed so as to continue to give the maximum effect to the provision permitted by law, including as applied to persons not similarly situated or to dissimilar circumstances, unless such holding is that the provision of this subpart is invalid and unenforceable in all circumstances, in which event the provision shall be severable from the remainder of this subchapter and shall not affect the remainder thereof. | |||
| 49:49:9.1.3.5.9.2.10.1 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.101 Applicability of this subpart. | TSA | This subpart applies to individuals and other persons. | ||||
| 49:49:9.1.3.5.9.2.10.2 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.103 Fraud and intentional falsification of records. | TSA | No person may make, or cause to be made, any of the following: (a) Any fraudulent or intentionally false statement in any application for any security program, access medium, or identification medium, or any amendment thereto, under this subchapter. (b) Any fraudulent or intentionally false entry in any record or report that is kept, made, or used to show compliance with this subchapter, or exercise any privileges under this subchapter. (c) Any reproduction or alteration, for fraudulent purpose, of any report, record, security program, access medium, or identification medium issued under this subchapter. | ||||
| 49:49:9.1.3.5.9.2.10.3 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.105 Security responsibilities of employees and other persons. | TSA | (a) No person may: (1) Tamper or interfere with, compromise, modify, attempt to circumvent, or cause a person to tamper or interfere with, compromise, modify, or attempt to circumvent any security system, measure, or procedure implemented under this subchapter. (2) Enter, or be present within, a secured area, AOA, SIDA or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas. (3) Use, allow to be used, or cause to be used, any airport-issued or airport-approved access medium or identification medium that authorizes the access, presence, or movement of persons or vehicles in secured areas, AOA's, or SIDA's in any other manner than that for which it was issued by the appropriate authority under this subchapter. (b) The provisions of paragraph (a) of this section do not apply to conducting inspections or tests to determine compliance with this part or 49 U.S.C. Subtitle VII authorized by: (1) TSA, or (2) The airport operator, aircraft operator, or foreign air carrier, when acting in accordance with the procedures described in a security program approved by TSA. | ||||
| 49:49:9.1.3.5.9.2.10.4 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.107 Submission to screening and inspection. | TSA | [73 FR 64061, Oct. 28, 2008, as amended at 81 FR 11405, Mar. 3, 2016; 90 FR 21690, May 21, 2025] | (a) No individual may enter a sterile area or board an aircraft without submitting to the screening and inspection of his or her person and accessible property in accordance with the procedures being applied to control access to that area or aircraft under this subchapter. (b) An individual must provide his or her full name, as defined in § 1560.3 of this chapter, date of birth, and sex when— (1) The individual, or a person on the individual's behalf, makes a reservation for a covered flight, as defined in § 1560.3 of this chapter, or (2) The individual makes a request for authorization to enter a sterile area. (c) An individual may not enter a sterile area or board an aircraft if the individual does not present a verifying identity document as defined in § 1560.3 of this chapter, when requested for purposes of watch list matching under § 1560.105(c), unless otherwise authorized by TSA on a case-by-case basis. (d) The screening and inspection described in paragraph (a) of this section may include the use of advanced imaging technology. Advanced imaging technology used for the screening of passengers under this section must be equipped with and employ automatic target recognition software and any other requirement TSA deems necessary to address privacy considerations. (1) For purposes of this section, advanced imaging technology- (i) Means a device used in the screening of passengers that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and (ii) May include devices using backscatter x-rays or millimeter waves and devices referred to as whole body imaging technology or body scanning machines. (2) For purposes of this section, automatic target recognition software means software installed on an advanced imaging technology device that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals. | |||
| 49:49:9.1.3.5.9.2.10.5 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.109 Prohibition against interference with screening personnel. | TSA | No person may interfere with, assault, threaten, or intimidate screening personnel in the performance of their screening duties under this subchapter. | ||||
| 49:49:9.1.3.5.9.2.10.6 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.111 Carriage of weapons, explosives, and incendiaries by individuals. | TSA | [67 FR 8353, Feb. 22, 2002, as amended at 67 FR 41639, June 19, 2002; 70 FR 41600, July 19, 2005; 71 FR 30507, May 26, 2006] | (a) On an individual's person or accessible property—prohibitions. Except as provided in paragraph (b) of this section, an individual may not have a weapon, explosive, or incendiary, on or about the individual's person or accessible property— (1) When performance has begun of the inspection of the individual's person or accessible property before entering a sterile area, or before boarding an aircraft for which screening is conducted under this subchapter; (2) When the individual is entering or in a sterile area; or (3) When the individual is attempting to board or onboard an aircraft for which screening is conducted under §§ 1544.201, 1546.201, or 1562.23 of this chapter. (b) On an individual's person or accessible property—permitted carriage of a weapon. Paragraph (a) of this section does not apply as to carriage of firearms and other weapons if the individual is one of the following: (1) Law enforcement personnel required to carry a firearm or other weapons while in the performance of law enforcement duty at the airport. (2) An individual authorized to carry a weapon in accordance with §§ 1544.219, 1544.221, 1544.223, 1546.211, or subpart B of part 1562 of this chapter. (3) An individual authorized to carry a weapon in a sterile area under a security program. (c) In checked baggage. A passenger may not transport or offer for transport in checked baggage or in baggage carried in an inaccessible cargo hold under § 1562.23 of this chapter: (1) Any loaded firearm(s). (2) Any unloaded firearm(s) unless— (i) The passenger declares to the aircraft operator, either orally or in writing, before checking the baggage, that the passenger has a firearm in his or her bag and that it is unloaded; (ii) The firearm is unloaded; (iii) The firearm is carried in a hard-sided container; and (iv) The container in which it is carried is locked, and only the passenger retains the key or combination. (3) Any unauthorized explosive or incendiary. (d) Ammunition. This section does not prohibit the carriage of amm… | |||
| 49:49:9.1.3.5.9.2.10.7 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.113 Inspection of airman certificate. | TSA | Each individual who holds an airman certificate, medical certificate, authorization, or license issued by the FAA must present it for inspection upon a request from TSA. | ||||
| 49:49:9.1.3.5.9.2.10.8 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.115 Threat assessments regarding citizens of the United States holding or applying for FAA certificates, ratings, or authorizations. | TSA | [68 FR 3761, Jan. 24, 2003, as amended at 68 FR 49721, Aug. 19, 2003] | (a) Applicability. This section applies when TSA has determined that an individual who is a United States citizen and who holds, or is applying for, an airman certificate, rating, or authorization issued by the Administrator, poses a security threat. (b) Definitions. The following terms apply in this section: Administrator means the Administrator of the Transportation Security Administration. Assistant Administrator means the Assistant Administrator for Intelligence for TSA. Date of service means— (1) The date of personal delivery in the case of personal service; (2) The mailing date shown on the certificate of service; (3) The date shown on the postmark if there is no certificate of service; or (4) Another mailing date shown by other evidence if there is no certificate of service or postmark. Deputy Administrator means the officer next in rank below the Administrator. FAA Administrator means the Administrator of the Federal Aviation Administration. Individual means an individual whom TSA determines poses a security threat. (c) Security threat. An individual poses a security threat when the individual is suspected of posing, or is known to pose— (1) A threat to transportation or national security; (2) A threat of air piracy or terrorism; (3) A threat to airline or passenger security; or (4) A threat to civil aviation security. (d) Representation by counsel. The individual may, if he or she so chooses, be represented by counsel at his or her own expense. (e) Initial Notification of Threat Assessment —(1) Issuance. If the Assistant Administrator determines that an individual poses a security threat, the Assistant Administrator serves upon the individual an Initial Notification of Threat Assessment and serves the determination upon the FAA Administrator. The Initial Notification includes— (i) A statement that the Assistant Administrator personally has reviewed the materials upon which the Initial Notification was based; and (ii) A statement that the Assistant Administrator has de… | |||
| 49:49:9.1.3.5.9.2.10.9 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | B | Subpart B—Responsibilities of Passengers and Other Individuals and Persons | § 1540.117 Threat assessments regarding aliens holding or applying for FAA certificates, ratings, or authorizations. | TSA | [68 FR 3768, Jan. 24, 2003] | (a) Applicability. This section applies when TSA has determined that an individual who is not a citizen of the United States and who holds, or is applying for, an airman certificate, rating, or authorization issued by the FAA Administrator, poses a security threat. (b) Definitions. The following terms apply in this section: Assistant Administrator means the Assistant Administrator for Intelligence for TSA. Date of service means— (1) The date of personal delivery in the case of personal service; (2) The mailing date shown on the certificate of service; (3) The date shown on the postmark if there is no certificate of service; or (4) Another mailing date shown by other evidence if there is no certificate of service or postmark. Deputy Administrator means the officer next in rank below the Administrator. FAA Administrator means the Administrator of the Federal Aviation Administration. Individual means an individual whom TSA determines poses a security threat. (c) Security threat. An individual poses a security threat when the individual is suspected of posing, or is known to pose— (1) A threat to transportation or national security; (2) A threat of air piracy or terrorism; (3) A threat to airline or passenger security; or (4) A threat to civil aviation security. (d) Representation by counsel. The individual may, if he or she so chooses, be represented by counsel at his or her own expense. (e) Initial Notification of Threat Assessment —(1) Issuance. If the Assistant Administrator determines that an individual poses a security threat, the Assistant Administrator serves upon the individual an Initial Notification of Threat Assessment and serves the determination upon the FAA Administrator. The Initial Notification includes— (i) A statement that the Assistant Administrator personally has reviewed the materials upon which the Initial Notification was based; and (ii) A statement that the Assistant Administrator has determined that the individual poses a security threat. (2) Request for ma… | |||
| 49:49:9.1.3.5.9.3.10.1 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | C | Subpart C—Security Threat Assessments | § 1540.201 Applicability and terms used in this subpart. | TSA | [74 FR 47700, Sept. 16, 2009, as amended at 76 FR 51867, Aug. 18, 2011] | (a) This subpart includes the procedures that certain aircraft operators, foreign air carriers, indirect air carriers, and certified cargo screening facilities must use to have security threat assessments performed on certain individuals pursuant to 49 CFR 1544.228, 1546.213, 1548.7, 1548.15, 1548.16 and 1549.111. This subpart applies to the following: (1) Each aircraft operator operating under a full program or full all-cargo program described in 49 CFR 1544.101(a) or (h). (2) Each foreign air carrier operating under a program described in 49 CFR 1546.101(a), (b), or (e). (3) Each indirect air carrier operating under a security program described in 49 CFR part 1548. (4) Each applicant applying for unescorted access to cargo under one of the programs described in (a)(1) through (a)(3) of this section. (5) Each proprietor, general partner, officer, director, or owner of an indirect air carrier as described in 49 CFR 1548.16. (6) Each certified cargo screening facility described in 49 CFR part 1549. (7) Each individual a certified cargo screening facility authorizes to perform screening or supervise screening. (8) Each individual the certified cargo screening facility authorizes to have unescorted access to cargo at any time from the time it is screened until the time it is tendered to an indirect air carrier under 49 CFR part 1548, an aircraft operator under part 1544, or a foreign air carrier under part 1546. (9) The senior manager or representative of its facility in control of the operations of a certified cargo screening facility under 49 CFR part 1549. (b) For purposes of this subpart— Applicant means the individuals listed in paragraph (a) of this section. Operator means an aircraft operator, foreign air carrier, and indirect air carrier listed in paragraphs (a)(1) through (a)(3) of this section, and a certified cargo screening facility described in paragraph (a)(6) of this section. (c) An applicant poses a security threat under this subpart when TSA determines that he or she is known to pose … | |||
| 49:49:9.1.3.5.9.3.10.2 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | C | Subpart C—Security Threat Assessments | § 1540.203 Security threat assessment. | TSA | [74 FR 47700, Sept. 16, 2009, as amended at 76 FR 51867, Aug. 18, 2011; 89 FR 66289, Aug. 15, 2024; 90 FR 21690, May 21, 2025] | (a) Each operator subject to this subpart must ensure that each of the following undergoes a security threat assessment or a comparable security threat assessment described in § 1540.205: (1) Cargo personnel in the United States, as described in § 1544.228. (2) Cargo personnel in the United States, as described in § 1546.213. (3) Individuals with unescorted access to cargo, as described in § 1548.15. (4) Proprietors, general partners, officers, directors, and owners of an indirect air carrier, as described in § 1548.16. (5) Personnel of certified cargo screening facilities, as described in § 1549.111. (b) Each operator must verify the identity and work authorization of each applicant and examine the document(s) presented by the applicant to prove identity and work authorization to determine whether they appear to be genuine and relate to the applicant presenting them. (c) Each operator must submit to TSA a security threat assessment application for each applicant that is dated and signed by the applicant and that includes the following: (1) Legal name, including first, middle, and last; any applicable suffix; and any other names used previously. (2) Current mailing address, including residential address if it differs from the current mailing address; all other residential addresses for the previous five years; and e-mail address if the applicant has an e-mail address. (3) Date and place of birth. (4) Social security number (submission is voluntary, although failure to provide it may delay or prevent completion of the threat assessment). (5) Sex. (6) Country of citizenship. (7) If the applicant is a U.S. citizen born abroad or a naturalized U.S. citizen, their U.S. passport number; or the 10-digit document number from the applicant's Certificate of Birth Abroad, Form DS-1350. (8) If the applicant is not a U.S. citizen, the applicant's Alien Registration Number; a Form I-94 Arrival and Departure record containing an I-94 number; or other document as authorized by TSA and listed on the TSA website as … | |||
| 49:49:9.1.3.5.9.3.10.3 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | C | Subpart C—Security Threat Assessments | § 1540.205 Procedures for security threat assessment. | TSA | (a) Contents of security threat assessment. The security threat assessment TSA conducts under this subpart includes an intelligence-related check and a final disposition. (b) Intelligence-related check. To conduct an intelligence-related check, TSA completes the following procedures: (1) Reviews the applicant information required in 49 CFR 1540.203. (2) Searches domestic and international government databases to determine if an applicant meets the requirements of 49 CFR 1540.201(c) or to confirm an applicant's identity. (3) Adjudicates the results in accordance with 49 CFR 1540.201(c). (c) Wants, warrants, deportable aliens. If the searches listed in paragraph (b)(2) of this section indicate that an applicant has an outstanding want or warrant, or is a deportable alien under the immigration laws of the United States, TSA sends the applicant's information to the appropriate law enforcement or immigration agency. (d) Final disposition. Following completion of the procedures described in paragraph (b), the following procedures apply, as appropriate: (1) TSA serves a Determination of No Security Threat on the applicant and operator if TSA determines that the applicant meets the security threat assessment standards in 49 CFR 1540.201(c). (2) TSA serves an Initial Determination of Threat Assessment on the applicant, if TSA determines that the applicant does not meet the security threat assessment standards in 49 CFR 1540.201(c). The Initial Determination of Threat Assessment includes— (i) A statement that TSA has determined that the applicant is suspected of posing or poses a security threat; (ii) The basis for the determination; (iii) Information about how the applicant may appeal the determination, as described in 49 CFR 1515.9; and (iv) A statement that if the applicant chooses not to appeal TSA's determination within 60 days of receipt of the Initial Determination, or does not request an extension of time within 60 days of the Initial Determination of Threat Assessment in order to file an appeal… | ||||
| 49:49:9.1.3.5.9.3.10.4 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | C | Subpart C—Security Threat Assessments | § 1540.207 [Reserved] | TSA | |||||
| 49:49:9.1.3.5.9.3.10.5 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | C | Subpart C—Security Threat Assessments | § 1540.209 Fees for security threat assessment. | TSA | [74 FR 47700, Sept. 16, 2009, as amended at 76 FR 51867, Aug. 18, 2011] | This section describes the payment process for completion of the security threat assessments required under this subpart. (a) Fees for security threat assessment. (1) TSA routinely establishes and collects fees to conduct the security threat assessment process. These fees apply to all entities requesting a security threat assessment. TSA reviews the amount of the fee periodically, at least once every two years, to determine the current cost of conducting security threat assessments. TSA determines fee amounts and any necessary revisions to the fee amounts based on current costs, using a method of analysis consistent with widely accepted accounting principles and practices, and calculated in accordance with the provisions of 31 U.S.C. 9701 and other applicable Federal law. (2) TSA will publish fee amounts and any revisions to the fee amounts as a notice in the Federal Register. (b) [Reserved] (c) Remittance of fees. (1) The fees required under this subpart must be remitted to TSA in a form and manner acceptable to TSA each time the applicant or an aircraft operator, foreign air carrier, indirect air carrier, or certified cargo screening facility submits the information required under § 1540.203 or § 1540.207 to TSA. (2) Fees remitted to TSA under this subpart must be payable to the “Transportation Security Administration” in U.S. currency and drawn on a U.S. bank. (3) TSA will not issue any fee refunds, unless a fee was paid in error. | |||
| 49:49:9.1.3.5.9.4.10.1 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | D | Subpart D—Responsibilities of Holders of TSA-Approved Security Programs | § 1540.301 Withdrawal of approval of a security program. | TSA | (a) Applicability. This section applies to holders of a security program approved or accepted by TSA under 49 CFR chapter XII, subchapter C. (b) Withdrawal of security program approval. TSA may withdraw the approval of a security program, if TSA determines continued operation is contrary to security and the public interest, as follows: (1) Notice of proposed withdrawal of approval. TSA will serve a Notice of Proposed Withdrawal of Approval, which notifies the holder of the security program, in writing, of the facts, charges, and applicable law, regulation, or order that form the basis of the determination. (2) Security program holder's reply. The holder of the security program may respond to the Notice of Proposed Withdrawal of Approval no later than 15 calendar days after receipt of the withdrawal by providing the designated official, in writing, with any material facts, arguments, applicable law, and regulation. (3) TSA review. The designated official will consider all information available, including any relevant material or information submitted by the holder of the security program, before either issuing a Withdrawal of Approval of the security program or rescinding the Notice of Proposed Withdrawal of Approval. If TSA issues a Withdrawal of Approval, it becomes effective upon receipt by the holder of the security program, or 15 calendar days after service, whichever occurs first. (4) Petition for reconsideration. The holder of the security program may petition TSA to reconsider its Withdrawal of Approval by serving a petition for consideration no later than 15 calendar days after the holder of the security program receives the Withdrawal of Approval. The holder of the security program must serve the Petition for Reconsideration on the designated official. Submission of a Petition for Reconsideration will not stay the Withdrawal of Approval. The holder of the security program may request the designated official to stay the Withdrawal of Approval pending review of and decision on the Petition… | ||||
| 49:49:9.1.3.5.9.4.10.2 | 49 | Transportation | XII | C | 1540 | PART 1540—CIVIL AVIATION SECURITY: GENERAL RULES | D | Subpart D—Responsibilities of Holders of TSA-Approved Security Programs | § 1540.303 [Reserved] | TSA | |||||
| 7:7:10.1.3.4.4.1.344.1 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | A | Subpart A—Emergency Relief From Duty-Free Imports of Perishable Products | § 1540.1 Applicability of subpart. | FAS | This subpart applies to requests for emergency relief from duty-free imports of perishable products filed with the Department of Agriculture under section 213(f) of the Caribbean Basin Economic Recovery Act of 1983, title II of Pub. L. 98-67, 97 Stat. 384 (19 U.S.C. 2701 et seq. ) (the Act). | |||||
| 7:7:10.1.3.4.4.1.344.2 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | A | Subpart A—Emergency Relief From Duty-Free Imports of Perishable Products | § 1540.2 Definitions. | FAS | (a) Perishable product means: (1) Live plants provided for in subpart A of part 6 of schedule 1 of the Tariff Schedules of the United States (TSUS); (2) Fresh or chilled vegetables provided for in items 135.10 through 138.42 of the TSUS; (3) Fresh mushrooms provided for in item 144.10 of the TSUS; (4) Fresh fruit provided for in items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.33, 147.50 through 149.21 and 149.50 of the TSUS; (5) Fresh cut flowers provided for in items 192.17, 192.18, and 192.21 of the TSUS; and (6) Concentrated citrus fruit juice provided for in items 165.25 and 165.35 of the TSUS. (b) Beneficiary country means any country listed in section 212(b) of the Act with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of the Act. | |||||
| 7:7:10.1.3.4.4.1.344.3 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | A | Subpart A—Emergency Relief From Duty-Free Imports of Perishable Products | § 1540.3 Who may file request. | FAS | A request under this subpart may be filed by an entity, including a firm, or group or workers, trade association, or certified or recognized union which is representative of a domestic industry producing a perishable product like or directly competitive with a perishable product that such entity claims is being imported into the United States duty-free under the provisions of the Act from a beneficiary country(ies) in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to such domestic industry. | |||||
| 7:7:10.1.3.4.4.1.344.4 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | A | Subpart A—Emergency Relief From Duty-Free Imports of Perishable Products | § 1540.4 Contents of request. | FAS | A request for emergency action under section 213(f) of the Act shall be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Such requests shall be supported by appropriate information and data and shall include to the extent possible: (a) A description of the imported perishable product(s) allegedly causing, or threatening to cause, serious injury; (b) The beneficiary country(ies) of origin of the allegedly injurious imports; (c) Data showing that the perishable product allegedly causing, or threatening to cause, serious injury is being imported from the designated beneficiary country(ies) in increased quantities as compared with imports of the same product from the designated beneficiary country(ies) during a previous representative period of time (including a statement of why the period used should be considered to be representative); (d) Evidence of serious injury or threat thereof to the domestic industry substantially caused by the increased quantities of imports of the product from the beneficiary country(ies); and (e) A statement indicating why emergency action would be warranted under section 213(f) of the Act (including all available evidence that the injury caused by the increased quantities of imports from the beneficiary country(ies) would be relieved by the suspension of the duty-free treatment accorded under the Act). A copy of the petition and the supporting evidence filed with the United States International Trade Commission under section 201 of the Trade Act of 1974, as amended, must be provided with the request for emergency action. | |||||
| 7:7:10.1.3.4.4.1.344.5 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | A | Subpart A—Emergency Relief From Duty-Free Imports of Perishable Products | § 1540.5 Submission of recommendations. | FAS | If the Secretary has reason to believe that the perishable product which is the subject of a petition under § 1540.4 of this subpart is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported perishable product and that emergency action is warranted, the Secretary, within 14 days after the filing of the petition under § 1540.4 of this subpart, shall recommend to the President that the President take emergency action. If the Secretary determines not to recommend the imposition of emergency action, the Secretary shall publish a notice of such determination and will so advise the petitioner within 14 days after the filing of the petition. | |||||
| 7:7:10.1.3.4.4.1.344.6 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | A | Subpart A—Emergency Relief From Duty-Free Imports of Perishable Products | § 1540.6 Information. | FAS | Persons desiring information from the Department of Agriculture regarding the Department's implementation of section 213(f) of the Act should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. | |||||
| 7:7:10.1.3.4.4.1.344.7 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | A | Subpart A—Emergency Relief From Duty-Free Imports of Perishable Products | § 1540.7 Paperwork Reduction Act assigned number. | FAS | The Office of Management and Budget has approved the information collection requirements contained in these regulations in accordance with 44 U.S.C. chapter 25, and OMB number 0551-0018 has been assigned. | |||||
| 7:7:10.1.3.4.4.2.344.1 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | B | Subpart B—Emergency Relief From Certain Perishable Products Imported From Israel | § 1540.20 Applicability of subpart. | FAS | This subpart applies to requests filed with the Department of Agriculture under section 404 of the Trade and Tariff Act of 1984, Pub. L. 98-573, for emergency relief from imports of certain perishable products from Israel entering the United States at a reduced rate of duty or duty-free pursuant to a trade agreement between the United States and Israel entered into under section 102(b)(1) of the Trade Act of 1974, as amended. | |||||
| 7:7:10.1.3.4.4.2.344.2 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | B | Subpart B—Emergency Relief From Certain Perishable Products Imported From Israel | § 1540.21 Definition. | FAS | Perishable product means: (a) Live plants provided for in subpart A of part 6 of schedule 1 of the 1985 Tariff Schedules of the United States (the “TSUS”); (b) Fresh or chilled vegetables provided for in items 135.03 through 138.46 of the TSUS; (c) Fresh mushrooms provided for in item 144.10 of the TSUS; (d) Fresh fruits provided for in items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.44, 147.50 through 149.21 and 149.50 of the TSUS; (e) Fresh cut flowers provided for in items 192.17, 192.18, and 192.21 of the TSUS; and (f) Concentrated citrus fruit juice provided for in items 165.25, 165.29 and 165.36 of the TSUS. | |||||
| 7:7:10.1.3.4.4.2.344.3 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | B | Subpart B—Emergency Relief From Certain Perishable Products Imported From Israel | § 1540.22 Who may file request. | FAS | A request under this subpart may be filed by an entity, including a firm, or group or workers, trade association, or certified or recognized union which is representative of a domestic industry producing a perishable product like or directly competitive with a perishable product that such entity claims is being imported from Israel into the United States at a reduced duty or duty-free under the provisions of a trade agreement between the United States and Israel entered into under section 102(b)(1) of the Trade Act of 1974, as amended, in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to such domestic industry. | |||||
| 7:7:10.1.3.4.4.2.344.4 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | B | Subpart B—Emergency Relief From Certain Perishable Products Imported From Israel | § 1540.23 Contents of request. | FAS | A request for emergency action under section 404 of the Trade and Tariff Act of 1984 shall be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Such request shall be supported by appropriate information and data and shall include to the extent possible: (a) A description of the imported perishable product(s) allegedly causing, or threatening to cause, serious injury; (b) Data showing that the perishable product allegedly causing, or threatening to cause, serious injury is being imported from Israel in increased quantities as compared with imports of the same product from Israel during a previous representative period of time (including a statement of why the period selected by the petitioner should be considered to be representative); (c) Evidence of serious injury or threat thereof to the domestic industry substantially caused by the increased quantities of imports of the product from Israel; and (d) A statement indicating why emergency action would be warranted under section 404 (including all available evidence that the injury caused by the increased quantities of imports from Israel would be relieved by the withdrawal of the reduction of the duty or elimination of the duty-free treatment provided to the product under the trade agreement). A copy of the petition and the supporting evidence filed with the United States International Trade Commission under section 201 of the Trade Act of 1974, as amended, must be provided with the request for emergency action. | |||||
| 7:7:10.1.3.4.4.2.344.5 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | B | Subpart B—Emergency Relief From Certain Perishable Products Imported From Israel | § 1540.24 Determination of the Secretary of Agriculture. | FAS | If the Secretary of Agriculture has reason to believe that the perishable product(s) which is the subject of a petition under this subpart is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported perishable product and that emergency action is warranted, the Secretary, within 14 days after the filing of the petition under § 1540.23 shall recommend to the President that the President take emergency action. If the Secretary determines not to recommend the imposition of emergency action, the Secretary, within 14 days after the filing of the petition, will publish in the Federal Register a notice of such determination and will so advise the petitioner. | |||||
| 7:7:10.1.3.4.4.2.344.6 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | B | Subpart B—Emergency Relief From Certain Perishable Products Imported From Israel | § 1540.25 Information. | FAS | Persons desiring information from the Department of Agriculture regarding the Department's implementation of section 404 of the Trade and Tariff Act of 1984 should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. | |||||
| 7:7:10.1.3.4.4.2.344.7 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | B | Subpart B—Emergency Relief From Certain Perishable Products Imported From Israel | § 1540.26 Paperwork Reduction Act assigned number. | FAS | The Office of Management and Budget has approved the information collection requirements contained in these regulations in accordance with 44 U.S.C. chapter 25, and OMB number 0551-0023 has been assigned. | |||||
| 7:7:10.1.3.4.4.3.344.1 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | C | Subpart C—Emergency Relief From Duty-Free Imports of Perishable Products From Certain Andean Countries | § 1540.40 Applicability of subpart. | FAS | This subpart applies to requests for emergency relief from duty-free imports of perishable products filed with the Department of Agriculture under section 204(e) of the Andean Trade Preference Act, title II of Public Law 102-182, 105 Stat. 1236 (19 U.S.C. 3201 et seq. ) (the “Act”). | |||||
| 7:7:10.1.3.4.4.3.344.2 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | C | Subpart C—Emergency Relief From Duty-Free Imports of Perishable Products From Certain Andean Countries | § 1540.41 Definitions. | FAS | (a) Perishable product means: (1) Live plants and fresh cut flowers provided for in chapter 6 of the Harmonized Tariff Schedule (HTS); (2) Fresh or chilled vegetables provided in heading 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS; (3) Fresh fruit provided for in subheadings 0804.20 through 0810.90 (except citrons of subheadings 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; or (4) Concentrated citrus fruit juice provided for in subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS. (b) Beneficiary country means any country listed in subsection 203(b)(1) of the Act with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of the Act. | |||||
| 7:7:10.1.3.4.4.3.344.3 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | C | Subpart C—Emergency Relief From Duty-Free Imports of Perishable Products From Certain Andean Countries | § 1540.42 Who may file request. | FAS | A request under this subpart may be filed by an entity, including a firm, or group of workers, trade association, or certified or recognized union which is representative of a domestic industry producing a perishable product like or directly competitive with a perishable product that such entity claims is being imported into the United States duty-free under the provisions of the Act from a beneficiary country(ies) in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to such domestic industry. | |||||
| 7:7:10.1.3.4.4.3.344.4 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | C | Subpart C—Emergency Relief From Duty-Free Imports of Perishable Products From Certain Andean Countries | § 1540.43 Contents of request. | FAS | (a) A request for emergency action under section 204(e) of the Act shall be submitted in duplicate to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Such request shall be supported by appropriate information and data and shall include to the extent possible: (1) A description of the imported perishable product(s) allegedly causing, or threatening to cause, serious injury; (2) The beneficiary country(ies) of origin of the allegedly injurious imports; (3) Data showing that the perishable product allegedly causing, or threatening to cause, serious injury is being imported from the designated beneficiary country(ies) in increased quantities as compared with imports of the same product from the designated beneficiary country(ies) during a previous representative period of time (including a statement of why the period used should be considered to be representative); (4) Evidence of serious injury or threat thereof to the domestic industry substantially caused by the increased quantities of imports of the product from the beneficiary country(ies); and (5) A statement indicating why emergency action would be warranted under section 204(e) of the Act (including all available evidence that the injury caused by the increased quantities of imports from the beneficiary country(ies) would be relieved by the suspension of duty-free treatment accorded under the Act). (b) A copy of the petition and the supporting evidence filed with the United States International Trade Commission under Section 201 of the Trade Act of 1974, as amended, must be provided with the request for emergency action. | |||||
| 7:7:10.1.3.4.4.3.344.5 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | C | Subpart C—Emergency Relief From Duty-Free Imports of Perishable Products From Certain Andean Countries | § 1540.44 Submission of recommendations by the Secretary of Agriculture. | FAS | If the Secretary has reason to believe that the perishable product(s) which is the subject of a petition under § 1504.43 of this subpart is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported perishable product and that emergency action is warranted, the Secretary, within 14 days after the filing of the petition under § 1540.43 of this subpart, shall recommend to the President that the President take emergency action. If the Secretary determines not to recommend the imposition of emergency action, the Secretary within 14 days after the filing of the petition shall publish a notice of such determination and so advise the petitioner. | |||||
| 7:7:10.1.3.4.4.3.344.6 | 7 | Agriculture | XV | 1540 | PART 1540—INTERNATIONAL AGRICULTURAL TRADE | C | Subpart C—Emergency Relief From Duty-Free Imports of Perishable Products From Certain Andean Countries | § 1540.45 Information. | FAS | Persons desiring information from the Department of Agriculture regarding the Department's implementation of section 204(e) of the Act should address such inquiries to the Administrator, Foreign Agricultural Service, United States Department of Agriculture, Washington, DC 20250. Issued at Washington, DC this 19th day of March, 1993. |
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