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31 rows where part_number = 1580 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 |
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| 49:49:9.1.3.6.22.1.10.1 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | A | Subpart A—General | § 1580.1 Scope. | TSA | (a) Except as provided in paragraph (b) of this section, this part includes requirements for the following persons. Specific sections in this part provide detailed requirements. (1) Each freight railroad carrier that operates rolling equipment on track that is part of the general railroad system of transportation. (2) Each rail hazardous materials shipper. (3) Each rail hazardous materials receiver located within an HTUA. (4) Each freight railroad carrier serving as a host railroad to a freight railroad operation described in paragraph (a)(1) of this section or a passenger operation described in § 1582.1 of this subchapter. (5) Each owner/operator of private rail cars, including business/office cars and circus trains, on or connected to the general railroad system of transportation. (b) This part does not apply to a freight railroad carrier that operates rolling equipment only on track inside an installation that is not part of the general railroad system of transportation. | ||||
| 49:49:9.1.3.6.22.1.10.2 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | A | Subpart A—General | § 1580.3 Terms used in this part. | TSA | In addition to the terms in §§ 1500.3, 1500.5, and 1503.202 of subchapter A and § 1570.3 of subchapter D of this chapter, the following terms apply to this part: Class I means Class I as assigned by regulations of the Surface Transportation Board (STB) (49 CFR part 1201; General Instructions 1-1). Attended, in reference to a rail car, means an employee— (1) Is physically located on-site in reasonable proximity to the rail car; (2) Is capable of promptly responding to unauthorized access or activity at or near the rail car, including immediately contacting law enforcement or other authorities; and (3) Immediately responds to any unauthorized access or activity at or near the rail car either personally or by contacting law enforcement or other authorities. Document the transfer means documentation uniquely identifying that the rail car was attended during the transfer of custody, including: (1) Car initial and number. (2) Identification of individuals who attended the transfer (names or uniquely identifying employee number). (3) Location of transfer. (4) Date and time the transfer was completed. High threat urban area (HTUA) means, for purposes of this part, an area comprising one or more cities and surrounding areas including a 10-mile buffer zone, as listed in appendix A to this part 1580. Maintains positive control means that the rail hazardous materials receiver and the railroad carrier communicate and cooperate with each other to provide for the security of the rail car during the physical transfer of custody. Attending the rail car is a component of maintaining positive control. Rail security-sensitive materials (RSSM) means— (1) A rail car containing more than 2,268 kg (5,000 lbs.) of a Division 1.1, 1.2, or 1.3 (explosive) material, as defined in 49 CFR 173.50; (2) A tank car containing a material poisonous by inhalation as defined in 49 CFR 171.8, including anhydrous ammonia, Division 2.3 gases poisonous by inhalation as set forth in 49 CFR 173.115(c), and Division 6.1 liquids meetin… | ||||
| 49:49:9.1.3.6.22.1.10.3 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | A | Subpart A—General | § 1580.5 Preemptive effect. | TSA | Under 49 U.S.C. 20106, issuance of the regulations in this subchapter preempts any State law, regulation, or order covering the same subject matter, except an additional or more stringent law, regulation, or order that is necessary to eliminate or reduce an essentially local security hazard; that is not incompatible with a law, regulation, or order of the U.S. Government; and that does not unreasonably burden interstate commerce. For example, under 49 U.S.C. 20106, issuance of 49 CFR 1580.205 preempts any State or tribal law, rule, regulation, order or common law requirement covering the same subject matter. | ||||
| 49:49:9.1.3.6.22.2.10.1 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.101 Applicability. | TSA | This subpart applies to each of the following owner/operators: (a) Described in § 1580.1(a)(1) of this part that is a Class I freight railroad. (b) Described in § 1580.1(a)(1) of this part that transports one or more of the categories and quantities of RSSM in an HTUA. (c) Described in § 1580.1(a)(4) of this part that serves as a host railroad to a freight railroad described in paragraph (a) of (b) of this section or a passenger operation described in § 1582.101 of this subchapter. | ||||
| 49:49:9.1.3.6.22.2.10.2 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.103 [Reserved] | TSA | |||||
| 49:49:9.1.3.6.22.2.10.3 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.105 [Reserved] | TSA | |||||
| 49:49:9.1.3.6.22.2.10.4 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.107 [Reserved] | TSA | |||||
| 49:49:9.1.3.6.22.2.10.5 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.109 [Reserved] | TSA | |||||
| 49:49:9.1.3.6.22.2.10.6 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.111 [Reserved] | TSA | |||||
| 49:49:9.1.3.6.22.2.10.7 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.113 Security training program general requirements. | TSA | (a) Security training program required. Each owner/operator identified in § 1580.101 of this part is required to adopt and carry out a security training program under this subpart. (b) General requirements. The security training program must include the following information: (1) Name of owner/operator. (2) Name, title, telephone number, and email address of the primary individual to be contacted with regard to review of the security training program. (3) Number, by specific job function category identified in Appendix B to this part, of security-sensitive employees trained or to be trained. (4) Implementation schedule that identifies a specific date by which initial and recurrent security training required by § 1570.111 of this subchapter will be completed. (5) Location where training program records will be maintained. (6) Curriculum or lesson plan, including learning objectives and method of delivery (such as instructor-led or computer-based training) for each course used to meet the requirements of § 1580.115 of this part. TSA may request additional information regarding the curriculum during the review and approval process. If recurrent training under § 1570.111 of this subchapter is not the same as initial training, a curriculum or lesson plan for the recurrent training will need to be submitted and approved by TSA. (7) Plan for ensuring supervision of untrained security-sensitive employees performing functions identified in Appendix B to this part. (8) Plan for notifying employees of changes to security measures that could change information provided in previously provided training. (9) Method(s) for evaluating the effectiveness of the security training program in each area required by § 1580.115 of this part. (c) Relation to other training. (1) Training conducted by owner/operators to comply other requirements or standards, such as emergency preparedness training required by the Department of Transportation (DOT) (49 CFR part 239) or other training for communicating with emergency respond… | ||||
| 49:49:9.1.3.6.22.2.10.8 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | B | Subpart B—Security Programs | § 1580.115 Security training and knowledge for security-sensitive employees. | TSA | (a) Training required for security-sensitive employees. No owner/operator required to have a security training program under § 1580.101 of this part may use a security-sensitive employee to perform a function identified in Appendix B to this part, unless that individual has received training as part of a security training program approved by TSA under 49 CFR part 1570, subpart B, or is under the direct supervision of an employee who has received the training required by this section as applicable to that security-sensitive function. (b) Limits on use of untrained employees. Notwithstanding paragraph (a) of this section, a security-sensitive employee may not perform a security-sensitive function for more than sixty (60) calendar days without receiving security training. (c) Prepare. (1) Each owner/operator must ensure that each of its security-sensitive employees with position- or function-specific responsibilities under the owner/operator's security program has knowledge of how to fulfill those responsibilities in the event of a security threat, breach, or incident to ensure— (i) Employees with responsibility for transportation security equipment and systems are aware of their responsibilities and can verify the equipment and systems are operating and properly maintained; and (ii) Employees with other duties and responsibilities under the company's security plans and/or programs, including those required by Federal law, know their assignments and the steps or resources needed to fulfill them. (2) Each employee who performs any security-related functions under § 1580.205 of this subpart must be provided training specifically applicable to the functions the employee performs. As applicable, this training must address— (i) Inspecting rail cars for signs of tampering or compromise, IEDs, suspicious items, and items that do not belong; (ii) Identification of rail cars that contain rail security-sensitive materials, including the owner/operator's procedures for identifying rail security-sensitive material … | ||||
| 49:49:9.1.3.6.22.3.10.1 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | C | Subpart C—Operations | § 1580.201 Applicability. | TSA | This subpart applies to the following: (1) Each owner/operator described in § 1580.1(a)(1) of this part that transports one or more of the categories and quantities of rail security-sensitive materials. (2) Each owner/operator described in § 1580.1(a)(2) and (3) of this part. | ||||
| 49:49:9.1.3.6.22.3.10.2 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | C | Subpart C—Operations | § 1580.203 Location and shipping information. | TSA | (a) General requirement. Each owner/operator described in § 1580.201 of this part must have procedures in place to determine the location and shipping information for each rail car under its physical custody and control that contains one or more of the categories and quantities of rail security-sensitive materials. (b) Required information. The location and shipping information must include the following: (1) The rail car's current location by city, county, and state, including, for freight railroad carriers, the railroad milepost, track designation, and the time that the rail car's location was determined. (2) The rail car's routing, if a freight railroad carrier. (3) A list of the total number of rail cars containing rail security-sensitive materials, broken down by— (i) The shipping name prescribed for the material in column 2 of the table in 49 CFR 172.101; (ii) The hazard class or division number prescribed for the material in column 3 of the table in 49 CFR 172.101; and (iii) The identification number prescribed for the material in column 4 of the table in 49 CFR 172.101. (4) Each rail car's initial and number. (5) Whether the rail car is in a train, rail yard, siding, rail spur, or rail hazardous materials shipper or receiver facility, including the name of the rail yard or siding designation. (c) Timing-Class I freight railroad carriers. Upon request by TSA, each Class I freight railroad carrier described in paragraph (a) of this section must provide the location and shipping information to TSA no later than— (1) Five minutes if the request applies to a single (one) rail car; and (2) Thirty minutes if the request concerns multiple rail cars or a geographic region. (d) Timing-other than Class I freight railroad carriers. Upon request by TSA, all owner/operators described in paragraph (a) of this section, other than Class I freight railroad carriers, must provide the location and shipping information to TSA no later than 30 minutes, regardless of the number of cars covered by the reques… | ||||
| 49:49:9.1.3.6.22.3.10.3 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | C | Subpart C—Operations | § 1580.205 Chain of custody and control requirements. | TSA | (a) Within or outside of an HTUA, rail hazardous materials shipper transferring to carrier. Except as provided in paragraph (g) of this section, at each location within or outside of an HTUA, a rail hazardous materials shipper transferring custody of a rail car containing one or more of the categories and quantities of rail security-sensitive materials to a freight railroad carrier must do the following: (1) Physically inspect the rail car before loading for signs of tampering, including closures and seals; other signs that the security of the car may have been compromised; and suspicious items or items that do not belong, including the presence of an improvised explosive device. (2) Keep the rail car in a rail secure area from the time the security inspection required by paragraph (a)(1) of this section or by 49 CFR 173.31(d), whichever occurs first, until the freight railroad carrier takes physical custody of the rail car. (3) Document the transfer of custody to the railroad carrier in hard copy or electronically. (b) Within or outside of an HTUA, carrier receiving from a rail hazardous materials shipper. At each location within or outside of an HTUA where a freight railroad carrier receives from a rail hazardous materials shipper custody of a rail car containing one or more of the categories and quantities of rail security-sensitive materials, the freight railroad carrier must document the transfer in hard copy or electronically and perform the required security inspection in accordance with 49 CFR 174.9. (c) Within an HTUA, carrier transferring to carrier. Within an HTUA, whenever a freight railroad carrier transfers a rail car containing one or more of the categories and quantities of rail security-sensitive materials to another freight railroad carrier, each freight railroad carrier must adopt and carry out procedures to ensure that the rail car is not left unattended at any time during the physical transfer of custody. These procedures must include the receiving freight railroad carrier performi… | ||||
| 49:49:9.1.3.6.22.3.10.4 | 49 | Transportation | XII | D | 1580 | PART 1580—FREIGHT RAIL TRANSPORTATION SECURITY | C | Subpart C—Operations | § 1580.207 Harmonization of Federal regulation of nuclear facilities. | TSA | TSA will coordinate activities under this subpart with the Nuclear Regulatory Commission (NRC) and the Department of Energy (DOE) with respect to regulation of rail hazardous materials shippers and receivers that are also licensed or regulated by the NRC or DOE under the Atomic Energy Act of 1954, as amended, to maintain consistency with the requirements imposed by the NRC and DOE. | ||||
| 7:7:10.1.3.4.7.0.344.1 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.101 General statement. | FAS | This part provides regulations for the Trade Adjustment Assistance (TAA) for Farmers program as authorized by the Trade Act of 1974, amended by Subtitle C of Title I of the Trade Act of 2002 (Pub. L. 107-210), and re-authorized and modified by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). The regulations establish procedures by which a group of producers of raw agricultural commodities or fishermen (jointly referred to as “producers”) can petition for certification of eligibility and through which individual producers covered by a certified petition can apply for technical assistance and cash benefits for the development and implementation of approved business adjustment plans. | |||||||
| 7:7:10.1.3.4.7.0.344.10 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.501 Administration. | FAS | (a) The petition process will be administered by FAS. FAS will publish in the Federal Register the filing dates for commodity groups to file petitions. (b) FSA will administer the producer application and payment process. (c) State and county FSA committees and representatives do not have the authority to modify or waive any of the provisions of this part. (d) The technical assistance process and the recommendation for approval of all producer business plans will be under the general supervision of NIFA. NIFA may award the technical assistance and services to a state cooperative extension service. (e) The Deputy Administrator may, in consultation with the Administrator, FAS, authorize the State and County committees to waive or modify non-statutory deadlines or other program requirements in cases where lateness or failure to meet such other requirements by applicants does not adversely affect the operation of the program. | |||||||
| 7:7:10.1.3.4.7.0.344.11 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.502 Maintenance of records, audits, and compliance. | FAS | (a) Producers making application for benefits under this program must maintain accurate records and accounts that will document that they meet all eligibility requirements specified herein, as may be requested. Such records and accounts must be retained for 2 years after the date of the final payment to the producer under this program. (b) At all times during regular business hours, authorized representatives of the U.S. Department of Agriculture or any agency thereof, the Comptroller General of the United States shall have access to the premises of the producer in order to inspect, examine, and make copies of the books, records, and accounts, and other written data as specified in paragraph (a) of this section. (c) Audits of certifications of average adjusted gross income may be conducted as necessary to determine compliance with the requirements of this subpart. As a part of this audit, income tax forms may be requested and if requested, must be supplied. If a producer has submitted information to FSA, including a certification from a certified public accountant or attorney, that relied upon information from a form previously filed with the Internal Revenue Service, such producer shall provide FSA a copy of any amended form filed with the Internal Revenue Service within 30 days of the filing. (d) If requested in writing by the U.S. Department of Agriculture or any agency thereof, or the Comptroller General of the United States, the producer shall provide all information and documentation the reviewing authority determines necessary to verify any information or certification provided under this subpart, including all documents referred to in § 1580.301(c) of this part, within 30 days. Acceptable production documentation may be submitted by facsimile, in person, or by mail and may include copies of receipts, ledgers, income statements, deposit slips, register tapes, invoices for custom harvesting, records to verify production costs, contemporaneous measurements, truck scale tickets, fish tickets, landing repor… | |||||||
| 7:7:10.1.3.4.7.0.344.12 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.503 Recovery of overpayments. | FAS | (a) If the Administrator (FAS) determines that any producer has received any payment under this program to which the producer was not entitled, or has expended funds received under this program for purpose that was not approved by the Administrator (FAS) such producer will be liable to repay such amount. The Administrator (FAS) may waive such repayment if it is determined that: (1) The payment was made without fault on the part of the producer; and (2) Requiring such repayment would be contrary to equity and good conscience. (b) Unless an overpayment is otherwise recovered, or waived under paragraph (a) of this section, the Administrator (FAS), shall recover the overpayment as a debt following the procedures in 7 CFR part 3. The requirement for demand and notice and opportunity for a hearing under the debt collection procedures in 7 CFR part 3 shall satisfy the notice and hearing requirements under 19 U.S.C. 2401f(c), and the appeal procedures in § 1580.505 of this part shall not apply to collection of overpayments | |||||||
| 7:7:10.1.3.4.7.0.344.13 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.504 Debarment, suspension, and penalties. | FAS | [75 FR 9089, Mar. 1, 2010, as amended at 85 FR 31938, May 28, 2020] | (a) Generally. The regulations governing nonprocurement debarment and suspension, 2 CFR part 417, and requirements for drug-free workplace (financial assistance), 2 CFR part 421, apply to this part. (b) Additional specific suspension and debarment provision for this program. In addition to any other debarment or suspension of a producer under paragraph (a) of this section, in connection with this program, if the Administrator (FAS) or a court of competent jurisdiction, determines that a producer: (1) Knowingly has made, or caused another to make, a false statement or representation of a material fact, or (2) Knowingly has failed, or caused another to fail, to disclose a material fact; and, as a result of such false statement or representation, or of such nondisclosure, such producer has received any payment under this program to which the producer was not entitled, the Administrator (FAS) shall suspend and debar such producer from any future payments under this program, as provided in 19 U.S.C. 2401f(b). (c) Criminal penalty. Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other producer any payments authorized to be furnished under this program shall be fined not more that $10,000 or imprisoned for not more than 1 year, or both. | ||||||
| 7:7:10.1.3.4.7.0.344.14 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.505 Appeals. | FAS | (a) A producer adversely affected by a determination with respect to their application for trade adjustment assistance under § 1580.301 of this part or with respect to the receipt of technical assistance or payments under § 1580.302 of this part may file a notice of appeal within 30 days of the date that the notification of the adverse determination was sent. (b) A producer may not seek judicial review of any adverse decision under this paragraph without receiving a final determination pursuant to this paragraph. | |||||||
| 7:7:10.1.3.4.7.0.344.15 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.506 Judicial review. | FAS | Any producer aggrieved by a final agency determination under this part may appeal to the U.S. Court of International Trade for a review of such determination in accordance with its rules and procedures. | |||||||
| 7:7:10.1.3.4.7.0.344.16 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.602 Paperwork Reduction Act assigned number. | FAS | The information collection requirements contained in this part have been approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and been assigned OMB control number 0551-0040. | |||||||
| 7:7:10.1.3.4.7.0.344.2 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.102 Definitions. | FAS | As used in the part, the following terms mean: Agricultural commodity means any commodity in its raw or natural state; found in chapters 1, 3, 4, 5, 6, 7, 8, 10, 12, 14, 23, 24, 41, 51, and 52 of the Harmonized Tariff Schedule of the United States (HTS). Articles like or directly competitive generally means products falling under the same HTS number used to identify the agricultural commodity in the petition. A “like” product means substantially identical in inherent or intrinsic characteristics, and the term “directly competitive” means articles that are substantially equivalent for commercial purposes ( i.e., adapted to the same uses and essentially interchangeable therefore). For fishery products, competition could be either from farm-raised or wild-caught products. Authorized representative means an entity that represents a group of agricultural commodity producers or fishermen. Average price received by the producer means the average of the 3 marketing year prices per unit received by the producer from the first level of sales for the commodity. Cash receipts mean the value of commodity marketings during the calendar year, irrespective of the year of production, as calculated by the Economic Research Service of the USDA. Certification of eligibility means the date on which the Administrator (FAS) announces in the Federal Register or by Department news release, whichever comes first, a certification of eligibility to apply for trade adjustment assistance. Contributed importantly means a cause which is important, but not necessarily more important than any other cause. County price maintained by the Secretary means a daily price obtained from a USDA agency for the commodity and producer location, except that weekly or monthly prices may be used if daily prices are unavailable. Department means the U.S. Department of Agriculture. Deputy Administrator means the Deputy Administrator for Farm Programs of the Farm Service Agency (FSA). Family member means an individual to whom a producer … | |||||||
| 7:7:10.1.3.4.7.0.344.3 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.201 Petitions for trade adjustment assistance. | FAS | (a) A group of producers in the United States or its authorized representative may file a petition for trade adjustment assistance. (b) Filings may be written or electronic, as provided for by the Administrator (FAS), and submitted to FAS no later than the last day of the filing period announced in the Federal Register. Petitions received after this date will be returned to the sender. (c) Petitions shall include the following information. (1) Name, business address, phone number, and e-mail address (if available) of each producer in the group, or its authorized representative. The petition shall identify a contact person for the group. (2) The agricultural commodity and its Harmonized Tariff Schedule of the United States (HTS) number. (3) The production area represented by the group or its authorized representative. The petition shall indicate if the group is filing on behalf of all producers in the United States, or if it is filing solely on behalf of all producers in a specifically identified impacted area. In the latter case, at least one member of the group must reside in each State within the impacted area. (4) The beginning and ending dates for the marketing year upon which the petition is based. A petition may be filed for only the most recent full marketing year for which data are available for national average prices, or quantity of production, or value of production, or cash receipts. (5) A justification statement explaining why the petitioners should be considered eligible for adjustment assistance. (6) Supporting information justifying the basis of the petition, including required data for the petitioned marketing year and the previous 3 marketing years. (i) Whenever possible, the petitioners shall use national average data compiled by the National Agricultural Statistics Service (NASS) or the National Marine Fisheries Service (NMFS), to determine national average prices, or quantity of production, or value of production, or cash receipts. If NASS or NMFS has not compiled such data for the… | |||||||
| 7:7:10.1.3.4.7.0.344.4 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.202 Hearings, petition reviews, and amendments. | FAS | (a) If the petitioner, or any other person found by the Administrator (FAS) to have a substantial interest in the proceedings, submits not later than 10 days after the date of publication of notice in the Federal Register under § 1580.201(d) of this part, a request in writing for a hearing, the Administrator (FAS) shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard. (b) If the petitioner or any other person having an interest in the proceedings takes issue with any of the information published in the Federal Register concerning the petition, such person may submit to the Administrator (FAS) their comments in writing or electronically for consideration by the Administrator (FAS) not later than 10 days after the date of publication of notice in the Federal Register under § 1580.201(d) of this part. (c) A producer or group of producers that resides outside of the State or region identified in the petition filed under paragraph (a) of this section, may file a request to become a party to that petition not later than 15 days after the date that the notice is published in the Federal Register under § 1580.201(d) of this part. The Administrator (FAS) may amend the original petition to expand the impacted area and include the additional filer, or consider it a separate filing. (d) The Administrator (FAS) shall publish in the Federal Register as soon as practicable any changes to the original notice resulting from any actions taken under this section. | |||||||
| 7:7:10.1.3.4.7.0.344.5 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.203 Determination of eligibility and certification by the Administrator (FAS). | FAS | (a) As soon as practicable after the petition has been filed, but in any event not later than 40 days after that date, the Administrator (FAS) shall certify a group of producers as eligible to apply for adjustment assistance under this chapter if the Administrator (FAS) determines: (1) At least one of the following: (i) The national average price of the agricultural commodity produced by the group during the most recent marketing year for which data are available is less than 85 percent of the average of the national average price for the commodity in the 3 marketing years preceding such marketing year; or (ii) The quantity of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average of the quantity of production of the commodity produced by the group in the 3 marketing years preceding such marketing year; or (iii) The value of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average value of production of the commodity produced by the group in the 3 marketing years preceding such marketing year; or (iv) The cash receipts for the agricultural commodity produced by the group during such marketing year are less than 85 percent of the average of the cash receipts for the commodity produced by the group in the 3 marketing years preceding such marketing year; (2) The volume of imports of articles like or directly competitive with the agricultural commodity produced by the group in the marketing year with respect to which the group files the petition increased compared to the average volume of such imports during the 3 marketing years preceding such marketing year; and (3) The increase in such imports contributed importantly to the decrease in the national average price, or quantity of production, or value of production, or cash receipts for, the agricultural commodity. (b) In any case in which there are separate classes of goods within an agricultural commodity, the Adm… | |||||||
| 7:7:10.1.3.4.7.0.344.6 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.301 Application for trade adjustment assistance. | FAS | (a) Only producers covered by a certification of eligibility under § 1580.203 of this title, may apply for adjustment assistance. (b) An eligible producer may submit an application for adjustment assistance by submitting to FSA a designated application form at any time after the certification date but not later than 90 days after the certification date. If the 90-day application period ends on a weekend or legal holiday, the producer may apply the following business day. (c) When submitting an application, the producer shall provide sufficient documentation to establish that: (1) The producer produced the agricultural commodity in the marketing year for which the petition is filed and in at least 1 of the 3 marketing years preceding that marketing year; (2) There has been a decrease in the quantity of the agricultural commodity produced by the producer in the marketing year for which the petition is certified from the most recent prior marketing year preceding that marketing year for which data is available; or (3) There has been a decrease in the price of the agricultural commodity based on: (i) The price received for the agricultural commodity by the producer during the marketing year with respect to which the petition is filed from the average price for the commodity received by the producer in the 3 marketing years preceding that marketing year; or (ii) The effective posted county price maintained by the Secretary for the agricultural commodity on the date on which the Administrator (FAS) accepts a petition for consideration as published in the Federal Register from the average effective posted county level price for the commodity in the 3 marketing years preceding that date. If USDA prices are not available, prices from verifiable sources, including universities, cooperatives, or local markets, may be used. (4) If a petition is certified with respect to a commodity not produced by the producer every year, the producer may establish the average price received by the producer for the commodity in the… | |||||||
| 7:7:10.1.3.4.7.0.344.7 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.302 Technical assistance and services. | FAS | (a) Initial Technical Assistance: A producer covered by a certification who has been determined by FSA to meet the requirements of § 1580.301 of this part, is eligible to receive Initial Technical Assistance through NIFA to be completed within 180 days of petition certification. Such assistance shall include information regarding: (1) Improving the yield and marketing of that agricultural commodity, and (2) The feasibility and desirability, of substituting one or more agricultural commodities for that agricultural commodity. (b) Intensive Technical Assistance: Upon completion of Initial Technical Assistance, a producer is eligible to participate in Intensive Technical Assistance. Intensive Technical Assistance shall consist of: (1) A series of courses to further assist the producer in improving the competitiveness of producing the agricultural commodity certified under § 1580.203 of this part, or another agricultural commodity, and (2) Assistance in developing an initial business plan based on the courses completed under paragraph (a) of this section. (c) During Intensive Technical Assistance: NIFA shall deliver and the producer shall be required to attend a series of Intensive Technical Assistance workshops relevant to the circumstances of the producer. (d) Initial Business Plan: Upon completion of the Initial and Intensive Technical Assistance, the producer shall be required to develop an Initial Business Plan recommended by NIFA and approved by the Administrator (FAS) before receiving an adjustment assistance payment. The Initial Business Plan will: (1) Reflect the skills gained by the producer through the courses described in paragraph (c) of this section; and (2) Demonstrate how the producer will apply those skills to the circumstances of the producer. (e) Upon approval of the Initial Business Plan, the producer will receive an amount not to exceed $4,000 to implement the Initial Business Plan or develop a Long-Term Business Adjustment Plan. (f) A producer who completes the Intensive Techn… | |||||||
| 7:7:10.1.3.4.7.0.344.8 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.303 Adjustment assistance payments. | FAS | (a) If the Administrator (FAS) determines that insufficient appropriated fiscal year funds are available to provide maximum cash benefits to all eligible applicants, after having deducted estimated transportation and substance payments and administrative and technical assistance costs, the Administrator (FAS) shall prorate cash payments to producers for the approved initial and long-term business plans. (b) Any producer who may be entitled to a payment may assign their rights to such payment in accordance with 7 CFR part 1404 or successor regulations as designated by the Department. (c) In the case of death, incompetency, disappearance, or dissolution of a producer that is eligible to receive benefits in accordance with this part, such producer or producers specified in 7 CFR part 707 may receive such benefits. | |||||||
| 7:7:10.1.3.4.7.0.344.9 | 7 | Agriculture | XV | 1580 | PART 1580—TRADE ADJUSTMENT ASSISTANCE FOR FARMERS | § 1580.401 Subsequent year petition recertification. | FAS | (a) Prior to the anniversary of the petition certification date: (1) Groups or authorized representatives that provided the data to justify their initial petition shall provide the Administrator (FAS) data for the most recent marketing year, and (2) The Administrator (FAS) shall make a determination with respect to the re-certification of petitions for the subsequent year by applying criteria as set forth in § 1580.203 of this part for the most recent marketing year. (b) The Administrator (FAS) will promptly publish in the Federal Register the determination with the reasons for the determination. (c) If a petition is re-certified, only eligible producers who did not receive training and cash benefits under this program may apply. |
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