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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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| 10:10:3.0.1.1.9.0.9.1 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.1 Introduction. | DOE | [73 FR 10983, Feb. 29, 2008] | (a) This part describes and establishes the procedures to be used by the Department of Energy (DOE) in considering and making certain findings required by section 101(c)(2)(A) of the Defense Production Act of 1950, as amended, 50 U.S.C. app. 2071(c)(2)(A) (DPA). Section 101(c) authorizes the allocation of, or priority performance under contracts or orders (other than contracts of employment) relating to, materials and equipment, services, or facilities in order to maximize domestic energy supplies if the findings described in section 101(c)(2) are made. Among these findings are that such supplies of materials and equipment, services, or facilities are critical and essential to maintain or further exploration, production, refining, transportation or the conservation of energy supplies or for the construction or maintenance of energy facilities. The function of finding that supplies are critical and essential was delegated to the Secretary of Energy pursuant to E.O. 12919 (59 FR 29525, June 7, 1994) and Department of Commerce Defense Priorities and Allocations System Delegation No. 2, 15 CFR part 700. (b) The purpose of these regulations is to establish the procedures and criteria to be used by DOE in determining whether programs or projects maximize domestic energy supplies and whether or not supplies of materials and equipment, services, or facilities are critical and essential, as required by DPA section 101(c)(2)(A). The critical and essential finding will be made only for supplies of materials and equipment, services, or facilities related to those programs or projects determined by DOE to maximize domestic energy supplies. These regulations do not require or imply that the findings, on which the exercise of such authority is conditioned, will be made in any particular case. (c) If DOE determines that a program or project maximizes domestic energy supplies and finds that supplies of materials and equipment, services, or facilities are critical and essential to maintain or further the exploration, production,… | |||||
| 10:10:3.0.1.1.9.0.9.2 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.2 Definitions. | DOE | [43 FR 6212, Feb. 14, 1978, as amended at 51 FR 8311, Mar. 11, 1986; 73 FR 10983, Feb. 29, 2008; 85 FR 31669, May 27, 2020] | As used in these regulations: (a) Secretary means the Secretary of the Department of Energy. (b) Applicant means a person requesting priorities or allocation assistance in connection with an energy program or project. (c) Application means the written request of an applicant for assistance. (d) Assistance means use of the authority vested in the President by DPA section 101(c) to implement priorities and allocation support. (e) DHS means the Department of Homeland Security. (f) DOC means the Department of Commerce. (g) DOE means the Department of Energy. (h) Defense Priorities and Allocations System Coordination Office means the Department of Energy, Office of Electricity. (i) Eligible energy program or project means a designated activity which maximizes domestic energy supplies by furthering the exploration, production, refining, transportation or conservation of energy supplies or construction or maintenance of energy facilities within the meaning of DPA section 101(c), as determined by DOE. (j) Facilities means all types of buildings, structures, or other improvements to real property (but excluding farms, churches or other places of worship, and private dwelling houses), and services relating to the use of any such building, structure, or other improvement. (k) Materials and equipment means: (1) Any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and (2) Any technical information or services ancillary to the use of such raw materials, commodities, articles, components, products, or items. (l) National Defense means programs for military and energy production or construction, military assistance to any foreign nation, stockpiling, space, and any directly related activity. Such term also includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195, e… | |||||
| 10:10:3.0.1.1.9.0.9.3 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.3 Requests for assistance. | DOE | [43 FR 6212, Feb. 14, 1978, as amended at 51 FR 8311, Mar. 11, 1986; 73 FR 10983, Feb. 29, 2008; 85 FR 31669, May 27, 2020] | (a) Persons who believe that they perform work associated with a program or project which may qualify as an eligible energy program or project and wishing to receive assistance as authorized by DPA section 101(c)(1) may submit an application to DOE requesting DOE to determine whether a program or project maximizes domestic energy supplies and to find whether or not specific supplies of materials and equipment, services, or facilities identified in the application are critical and essential for a purpose identified in section 101(c). The application shall be sent to: U.S. Department of Energy, Attn: Office of Electricity, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. The application shall contain the following information: (1) The name and address of the applicant and of its duly authorized representative. (2) A description of the energy program or project for which assistance is requested and an assessment of its impact on the maximization of domestic energy supplies. (3) The amount of energy to be produced by the program or project which is directly affected by the supplies of the materials and equipment, services, or facilities in question. (4) A statement explaining why the materials and equipment, services, or facilities for which assistance is requested are critical and essential to the construction or operation of the energy project or program. (5) A detailed description of the specific supplies of materials and equipment, services, or facilities in connection with which assistance is requested, including: Components, performance data (capacity, life duration, etc.), standards, acceptable tolerances in dimensions and specifications, current inventory, present and expected rates of use, anticipated deliveries and substitution possibilities (feasibility of using other materials and equipment, services, or facilities). (6) A detailed description of the sources of supply, including: The name of the regular supplying company or companies, other companies capable of supplying the … | |||||
| 10:10:3.0.1.1.9.0.9.4 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.4 Evaluation by DOE of applications. | DOE | [43 FR 6212, Feb. 14, 1978, as amended at 73 FR 10984, Feb. 29, 2008] | (a) Based on the information provided by the applicant and other available information, DOE will: (1) Determine whether or not the energy program or project in connection with which the application is made maximizes domestic energy supplies and should be designated an eligible energy program or project; and (2) Find whether the described supplies of materials and equipment, services, or facilities are critical and essential to the eligible energy program or project. (b) In determining whether the program or project referred to in the application should be designated an eligible energy program or project, DOE will consider all factors which it considers relevant including, but not limited to, the following: (1) Quantity of energy involved; (2) Benefits of timely energy program furtherance or project completion; (3) Socioeconomic impact; (4) The need for the end product for which the materials and equipment, services, or facilities are allegedly required; and (5) Established national energy policies. (c) In finding whether the supplies of materials and equipment, services, or facilities described in the application are critical and essential to an eligible energy program or project, DOE will consider all factors which it considers relevant including, but not limited to, the following: (1) Availability and utility of substitute materials and equipment, services, or facilities; and (2) Impact of the nonavailability of the specific supplies of materials and equipment, services, or facilities on the furtherance or timely completion of the approved energy program or project. (d) Increased costs which may be associated with obtaining materials and equipment, services, or facilities without assistance shall not be considered a valid reason for finding the materials and equipment, services, or facilities to be critical and essential. (e) After DOE has determined a program or project to be an eligible energy program or project, this determination shall be deemed made with regard to subsequent applications invol… | |||||
| 10:10:3.0.1.1.9.0.9.5 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.5 Notification of findings. | DOE | [73 FR 10984, Feb. 29, 2008] | (a) DOE will notify DOC if it finds that supplies of materials and equipment, services, or facilities for which an applicant requested assistance are critical and essential to an eligible energy program or project, and in such cases will forward to DOC the application and whatever information or comments DOE believes appropriate. If DOE believes at any time that findings previously made may no longer be valid, it will immediately notify the DOC and the affected applicant(s) and afford such applicant(s) an opportunity to show cause why such findings should not be withdrawn. (b) If DOC notifies DOE that DOC has found that supplies of materials and equipment, services, or facilities for which the applicant requested assistance are scarce and that the related eligible energy program or project cannot reasonably be accomplished without exercising the authority specified in DPA section 101(c)(1), DOE will notify the applicant that the applicant is authorized to place rated orders for specific materials and equipment, services, or facilities pursuant to the provisions of the DOC's DPAS regulation. | |||||
| 10:10:3.0.1.1.9.0.9.6 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.6 Petition for reconsideration. | DOE | [43 FR 6212, Feb. 14, 1978, as amended at 51 FR 8312, Mar. 11, 1986; 73 FR 10984, Feb. 29, 2008] | If DOE, after evaluating an application in accordance with § 216.4, does not determine that the energy program or project maximizes domestic energy supplies or does not find that the supplies of materials and equipment, services, or facilities described in the application are critical and essential to an eligible energy program or project, it will so notify the applicant and the applicant may petition DOE for reconsideration. If DOE concludes at any time that findings previously made are no longer valid and should be withdrawn, DOE will so notify the affected applicant(s), and such applicant(s) may petition DOE for reconsideration of the withdrawal decision. A petition is deemed accepted when received by DOE at the address stated in § 216.8. DOE will consider the petition for reconsideration and either grant or deny the relief requested. Written notice of the decision and of the reasons for the decision will be provided to the applicant. There has not been an exhaustion of administrative remedies until a petition for reconsideration has been submitted and the review procedure completed by grant or denial of the relief requested. The denial of relief requested in a petition for reconsideration is a final administrative decision. | |||||
| 10:10:3.0.1.1.9.0.9.7 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.7 Conflict in priority orders. | DOE | [43 FR 6212, Feb. 14, 1978, as amended at 51 FR 8312, Mar. 11, 1986; 73 FR 10984, Feb. 29, 2008] | If it appears that the use of assistance pursuant to DPA section 101(c) creates or threatens to create a conflict with priorities and allocation support provided in connection with the national defense pursuant to DPA section 101(a), DOE will work with the DOC and other claimant agencies affected by the conflict to reschedule deliveries or otherwise accommodate the competing demands. If acceptable solutions cannot be agreed upon by the claimant agencies DHS will attempt to resolve the conflicts. | |||||
| 10:10:3.0.1.1.9.0.9.8 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.8 Communications. | DOE | [73 FR 10984, Feb. 29, 2008, as amended at 85 FR 31669, May 27, 2020] | All written communications concerning these regulations shall be addressed to: U.S. Department of Energy, Attention: Office of Electricity, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. | |||||
| 10:10:3.0.1.1.9.0.9.9 | 10 | Energy | II | A | 216 | PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES | § 216.9 Violations. | DOE | Any person who willfully furnishes false information or conceals any material fact in the course of the application process or in a petition for reconsideration is guilty of a crime, and upon conviction may be punished by fine or imprisonment or both. | ||||||
| 14:14:4.0.1.1.12.0.1.1 | 14 | Aeronautics and Space | II | A | 216 | PART 216—COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS | § 216.1 Definitions. | FAA | [ER-525, 33 FR 692, Jan. 19, 1968, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15926, Apr. 16, 2019] | (a) As used in this part, unless the context otherwise requires: Blind sector traffic means revenue traffic, carried by a foreign air carrier on a flight operating in air transportation, which is enplaned at one foreign point and deplaned at another foreign point, where at least one of such points is not named as a terminal or intermediate point in the carrier's applicable foreign air carrier permit. This definition shall not be deemed to include the carriage of authorized beyond homeland traffic ( i.e. , traffic carried between a point named in a carrier's foreign air carrier permit and a point beyond a homeland terminal point authorized under such permit). Revenue traffic means persons, property or mail carried for compensation or hire. (b) Terms defined in 49 U.S.C. 40102 have the meaning expressed in such definitions. | |||||
| 14:14:4.0.1.1.12.0.1.2 | 14 | Aeronautics and Space | II | A | 216 | PART 216—COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS | § 216.2 Applicability. | FAA | [ER-525, 33 FR 692, Jan. 19, 1968, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15926, Apr. 16, 2019] | This part sets forth the requirements applicable to foreign air carriers for obtaining a Special Authorization from the Department with respect to any deviation from an authorized foreign air transportation route for the purpose of commingling blind sector traffic with air transportation traffic carried pursuant to a foreign air carrier permit issued by the Department. The deviation by a foreign air carrier from its authorized route for the purpose of combined carriage to or from the United States of nonrevenue or other traffic, the carriage of which does not constitute engaging in foreign air transportation, is governed by the provisions of part 375 of this chapter. | |||||
| 14:14:4.0.1.1.12.0.1.3 | 14 | Aeronautics and Space | II | A | 216 | PART 216—COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS | § 216.3 Prohibition. | FAA | [ER-525, 33 FR 692, Jan. 19, 1968, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15926, Apr. 16, 2019] | No foreign air carrier shall carry any blind sector traffic, as defined in this part, on any flight operating in air transportation pursuant to the authority of a foreign air carrier permit issued under 49 U.S.C. 41301, unless the combined carriage of such traffic has been specifically authorized by such permit, or by a Special Authorization issued under § 216.4. | |||||
| 14:14:4.0.1.1.12.0.1.4 | 14 | Aeronautics and Space | II | A | 216 | PART 216—COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS | § 216.4 Special authorizations. | FAA | [ER-525, 33 FR 692, Jan. 19, 1968, as amended by ER-910, 40 FR 23844, June 3, 1975; ER-1060, 43 FR 34117, Aug. 3, 1978; 65 FR 6456, Feb. 9, 2000; Doc. No. DOT-OST-2014-0140, 84 FR 15926, Apr. 16, 2019] | (a) Applications. Any foreign air carrier may apply to the Department for a Special Authorization, as required by this part, for the carriage of blind sector traffic on a particular flight, series of flights, or for a specified or indefinite period of time between specified points. Applications shall be submitted directly to the Department, addressed to the attention of the Director, Office of International Aviation. One original and two copies in conformity with the requirements of §§ 302.3(b) and 302.4 (a) and (b) of this chapter shall be filed. The applications shall contain a proper identification of the applicant; the flight or flights upon which it is proposed to carry such blind sector traffic, including routing, nontraffic stops, and dates or duration of the authority sought; a full description of such traffic, and points between which such traffic will be carried; information or documentation as to whether the country of which the applicant is a national grants reciprocal privileges to U.S. carriers; and the reasons for requesting such authorization together with such additional information as will establish that the grant of such authority will otherwise be in the public interest. Such additional information as may be specifically requested by the Department shall also be furnished. (b) Service. Applications shall be served upon each direct U.S. air carrier certificated to engage in individually ticketed or waybilled foreign air transportation over any portion of the route to which the application pertains, and on such other persons as the Department may require, and proof of such service shall accompany the application as provided in § 302.7 of this chapter. Notice of such applications shall also be published in the Department's Weekly List of Applications Filed. (c) Memoranda in support or opposition. Any interested person may file a memorandum in support of or in opposition to the grant of an application. Such memorandum shall set forth in detail the reasons why it is believed that the applic… | |||||
| 14:14:4.0.1.1.12.0.1.5 | 14 | Aeronautics and Space | II | A | 216 | PART 216—COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS | § 216.5 Existing permits. | FAA | [ER-525, 33 FR 692, Jan. 19, 1968, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15926, Apr. 16, 2019] | “Foreign aircraft permits” issued by the Department under the provisions of part 375 of this chapter (the Department's Special Regulations), authorizing the combined carriage of blind sector traffic as defined in this part, shall continue in effect in accordance with their terms until their expiration date unless sooner terminated, revoked or modified by the Department. Such permits shall, upon the effective date of this part, be deemed to constitute a Special Authorization issued pursuant to § 216.4. | |||||
| 14:14:4.0.1.1.12.0.1.6 | 14 | Aeronautics and Space | II | A | 216 | PART 216—COMMINGLING OF BLIND SECTOR TRAFFIC BY FOREIGN AIR CARRIERS | § 216.6 Existing unauthorized operations. | FAA | [ER-525, 33 FR 692, Jan. 19, 1968, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15926, Apr. 16, 2019] | Notwithstanding the provisions of § 216.3, if within 30 days after the effective date of this part a carrier files an application for a Special Authorization to continue to perform existing blind sector operations which have been regularly performed by such carrier commencing on a date prior to August 9, 1967, such carrier may continue to engage in such blind sector operations until final decision by the Department on such application: Provided, That any such application shall, in addition to the requirements of § 216.4(a), contain a statement that the carrier is relying upon this section for continuance of preexisting blind sector operations, and shall fully describe such operations including the date inaugurated, and the frequency and continuity of performance. | |||||
| 20:20:1.0.2.8.12.1.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | A | Subpart A—General | § 216.1 Introduction. | SSA | This part explains when an individual is eligible for a monthly annuity under the Railroad Retirement Act. An individual eligible for an annuity as described in this part may become entitled to an annuity only in such amount as set forth in parts 225 through 229 of this chapter (a) Regular annuity. A regular monthly annuity is provided for: (1) An employee who retires because of age or disability; (2) An employee's spouse or divorced spouse; or (3) The widow, widower, child, parent, remarried widow or widower, or surviving divorced spouse of an employee. (b) Supplemental annuity. An employee who retires because of age or disability may also be entitled to a supplemental annuity. | ||||
| 20:20:1.0.2.8.12.1.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | A | Subpart A—General | § 216.2 Definitions. | SSA | Except as otherwise expressly noted, as used in this part— Age means an individual's age on the day preceding the anniversary date of his or her birth. Annuity means a payment due an entitled individual for a calendar month and made to him or her on the first day of the following month. Apply means to sign a form or statement that the Railroad Retirement Board accepts as an application for benefits under the rules set out in part 217 of this chapter. Attainment of age means that an individual attains a given age on the first moment of the day preceding the anniversary date of his or her birth corresponding to such numerical age. Board means the Railroad Retirement Board. Claimant means an individual who files an annuity application or for whom an annuity application is filed. Eligible means that an individual meets all the requirements for payment of an annuity but has not yet applied for one. Employee means an individual who is or has been in the service of an employer as here defined. Employer means a company, individual, or other entity determined to be a covered employer under the Railroad Retirement Act as provided by part 202 of this chapter. Entitled means that an individual has applied for and has established his or her rights to benefits. Railroad Retirement Act means the Railroad Retirement Act of 1974, as amended. Re-entitled annuity means an annuity to which an individual becomes entitled after an earlier-awarded annuity has been terminated. A re-entitled annuity is usually awarded on the basis of different factors of eligibility from the initial annuity, and may be awarded without the filing of another application. Retirement age means, with respect to an employee who attains age 62 before January 1, 2000 (age 60 in the case of a widow(er), remarried widow(er) or surviving divorced spouse) age 65. For an employee who attains age 62 (or age 60 in the case of a widow(er), remarried widow(er), or surviving divorced spouse) after December 31, 1999, retirement age means the age p… | ||||
| 20:20:1.0.2.8.12.1.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | A | Subpart A—General | § 216.3 Other regulations related to this part. | SSA | This part is related to a number of other parts. Part 217 of this chapter describes how to apply for an annuity. Part 218 indicates when annuities begin and when they terminate. Part 219 sets out what evidence is necessary to prove eligibility. Where eligibility for an annuity is based upon a family relationship to an employee (for example, a widow's annuity), the definition of such family relationship may be found in part 222 of this chapter. Part 225 of this chapter describes the computation of the primary insurance amount. | ||||
| 20:20:1.0.2.8.12.10.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | J | Subpart J—Eligibility for More Than One Annuity | § 216.90 General. | SSA | An individual may meet the eligibility provisions for more than one annuity described in this part. The Railroad Retirement Act generally requires that the total amount of annuities otherwise independently payable to one individual must be reduced if that individual is entitled to multiple annuities. Entitlement as a survivor includes entitlement as a widow(er), surviving divorced spouse, remarried widow(er), child, or parent. | ||||
| 20:20:1.0.2.8.12.10.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | J | Subpart J—Eligibility for More Than One Annuity | § 216.91 Entitlement as an employee and spouse, divorced spouse, or survivor. | SSA | (a) General. If an individual is entitled to an annuity as a spouse, divorced spouse or survivor, and is also entitled to an employee annuity, then the spouse, divorced spouse or survivor annuity must be reduced by the amount of the employee annuity. However, this reduction does not apply (except as provided in paragraph (b) of this section) if the spouse, divorced spouse or survivor or the individual upon whose earnings record the spouse, divorced spouse or survivor annuity is based worked for a railroad employer or as an employee representative before January 1, 1975. (b) Tier I reduction. If an individual is entitled to an annuity as a spouse, divorced spouse or survivor, and is also entitled to an employee annuity, then the tier I component of the spouse, divorced spouse or survivor annuity must be reduced by the amount of the tier I component of the employee annuity. Where the spouse or survivor is entitled to a tier II component, then a portion of this reduction may be restored in the computation of this component. | ||||
| 20:20:1.0.2.8.12.10.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | J | Subpart J—Eligibility for More Than One Annuity | § 216.92 Entitlement as a spouse or divorced spouse and as a survivor. | SSA | If an individual is entitled to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller annuity rather than the larger annuity. | ||||
| 20:20:1.0.2.8.12.10.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | J | Subpart J—Eligibility for More Than One Annuity | § 216.93 Entitlement to more than one survivor annuity. | SSA | If an individual is entitled to more than one survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller annuity rather than the larger annuity. | ||||
| 20:20:1.0.2.8.12.10.155.5 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | J | Subpart J—Eligibility for More Than One Annuity | § 216.94 Entitlement to more than one divorced spouse annuity. | SSA | If an individual is entitled to more than one annuity as a divorced spouse, only the larger annuity will be paid. However, if the individual so chooses, he or she can receive the smaller annuity rather than the larger annuity. | ||||
| 20:20:1.0.2.8.12.2.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | B | Subpart B—Current Connection With the Railroad Industry | § 216.11 General. | SSA | A current connection with the railroad industry is required to qualify for certain types of railroad retirement benefits. The existence of a current connection is clear in most cases where entitlement or death immediately follows continuous years of railroad employment. However, there are cases in which the employee did not work for a railroad employer for a period of time before entitlement or death. In these situations, special tests are applied to determine whether the employee can be considered to have a current connection with the railroad industry for the purpose of determining his or her eligibility for an annuity or other benefits. | ||||
| 20:20:1.0.2.8.12.2.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | B | Subpart B—Current Connection With the Railroad Industry | § 216.12 When current connection is required. | SSA | (a) A current connection is required to qualify an individual for the following types of railroad retirement benefits: (1) An employee occupational disability annuity as described in subpart D of this part; (2) A supplemental annuity as described in subpart E of this part; (3) An employee vested dual benefit in certain cases; (4) A survivor annuity as described in subparts G, H, and I of this part; and (5) A lump-sum death payment as described in part 234 of this chapter. (b) A current connection which was established when an employee's annuity began is effective for: (1) Any annuity under this part for which the employee later becomes eligible; and (2) Any survivor annuity under this part or a lump-sum death payment under part 234 of this chapter. | ||||
| 20:20:1.0.2.8.12.2.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | B | Subpart B—Current Connection With the Railroad Industry | § 216.13 Regular current connection test. | SSA | An employee has a current connection with the railroad industry if he or she meets one of the following requirements: (a) The employee has creditable railroad service in at least 12 of the 30 consecutive months immediately preceding the earlier of: (1) The month his or her annuity begins; or (2) The month he or she dies. (b) The employee has creditable railroad service in at least 12 months in a period of 30 consecutive months and does not work in any regular non-railroad employment in the interval between the month the 30-month period ends and the earlier of: (1) The month his or her annuity begins; or (2) The month he or she dies. | ||||
| 20:20:1.0.2.8.12.2.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | B | Subpart B—Current Connection With the Railroad Industry | § 216.14 Regular non-railroad employment that will not break a current connection. | SSA | Regular non-railroad employment will not break an employee's current connection if it is performed during the 30-month period described in § 216.13(b), in or after the month the annuity begins, or in the month the employee dies. | ||||
| 20:20:1.0.2.8.12.2.155.5 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | B | Subpart B—Current Connection With the Railroad Industry | § 216.15 Special current connection test. | SSA | (a) For survivor annuities. An employee who does not have a current connection under the regular test has a current connection only to qualify an individual for a survivor annuity if: (1) The employee would not be fully or currently insured under section 214 of the Social Security Act if his or her railroad compensation after 1936 were treated as social security earnings; (2) The employee has no quarters of coverage as defined in section 213 of the Social Security Act; or (3) The employee received a pension or a retirement annuity that began before 1948 based on at least 114 months of service. (b) For survivor and supplemental annuities. An employee who does not have a current connection under the regular test has a current connection in order to pay a supplemental or survivor annuity if he or she meets all of the following requirements: (1) Has been credited with at least 25 years of railroad service; (2) Stopped working in the railroad industry “involuntarily and without fault” on or after October 1, 1975, or was on furlough, leave of absence or absent for injury on that date; (3) Did not decline an offer of employment in the same “class or craft” as his or her most recent railroad service; and (4) Was alive on October 1, 1981. (c) “Involuntarily and without fault” defined. An employee is considered to have stopped railroad employment involuntarily and without fault if: (1) The employee loses his or her job; (2) The employee could not, through the exercise of seniority rights, remain in railroad service in the same class or craft as his or her most recent railroad service, regardless of the location where that service would be performed; and (3) The employee did not lose his or her job because of poor job performance, misconduct, medical reasons or other action or inaction on the part of the employee. (d) Effect of separation allowance. An employee who accepts a separation allowance and in so doing relinquishes his or her seniority rights to railroad employment is deemed to have voluntarily… | ||||
| 20:20:1.0.2.8.12.2.155.6 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | B | Subpart B—Current Connection With the Railroad Industry | § 216.16 What is regular non-railroad employment. | SSA | [56 FR 28692, June 24, 1991, as amended at 62 FR 11324, Mar. 12, 1997] | (a) Regular non-railroad employment is full or part-time employment for pay. (b) Regular non-railroad employment does not include any of the following: (1) Self-employment; (2) Temporary work provided as relief by an agency of a Federal, State, or local government; (3) Service inside or outside the United States for an employer under the Railroad Retirement Act, even if the employer does not conduct the main part of its business in the United States; (4) Involuntary military service not creditable under the Railroad Retirement Act; (5) Employment with the following agencies of the United States Government: (i) Department of Transportation; (ii) Interstate Commerce Commission; (iii) National Mediation Board; (iv) Railroad Retirement Board; (v) National Transportation Safety Board; or (vi) Surface Transportation Board. (6) Employment entered into after early retirement by an employee who is receiving an annuity under Conrail's voluntary annuity program. This program is provided under the Staggers Rail Act of 1980 (Pub. L. 96-448); or (7) Employment with the Alaska Railroad so long as it is an instrumentality of the State of Alaska. | |||
| 20:20:1.0.2.8.12.2.155.7 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | B | Subpart B—Current Connection With the Railroad Industry | § 216.17 What amount of regular non-railroad employment will break a current connection. | SSA | The amount of regular non-railroad employment needed to break a current connection depends on when the applicable 30-month period ends (see § 216.13 of this part), as follows: (a) If the 30-month period ends in the calendar year before or in the same calendar year as the annuity begins or the month the employee dies, the current connection is broken if the employee: (1) Works in each month in the interval after the end of the 30-month period and before the earlier of the month the annuity begins or the employee dies; or (2) Works and earns at least $200 in wages in any 3 months within the interval described in paragraph (a)(1) of this section. (b) If the 30-month period ends more than a year before the calendar year in which the annuity begins or the employee dies, the current connection is broken if the employee: (1) Works in any 2 consecutive years wholly or partially within the interval after the end of the 30-month period and before the month the annuity begins or the employee dies, whichever is earlier; and (2) Earns at least $1,000 in wages in any year wholly or partially within the interval described in paragraph (b)(1) of this section (but not counting earnings during the 30-month period and after the annuity beginning date), even if that year is not one of the 2 consecutive years described in paragraph (b)(1) of this section. | ||||
| 20:20:1.0.2.8.12.3.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | C | Subpart C—Railroad and Last Non-Railroad Employment | § 216.21 General. | SSA | To be eligible for an employee, a spouse, or a divorced spouse annuity, the Railroad Retirement Act requires that an applicant must stop work for pay performed as an employee for a railroad employer. In addition, no employee, spouse or divorced spouse annuity may be paid for any month in which the employee, spouse or divorced spouse annuitant works for pay for any railroad employer after the date his or her annuity began. No annuity may be paid to a widow or widower, surviving divorced spouse, remarried widow or widower, child, or parent for any month such individual works for pay for a railroad employer. | ||||
| 20:20:1.0.2.8.12.3.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | C | Subpart C—Railroad and Last Non-Railroad Employment | § 216.22 Work as an employee which affects payment. | SSA | (a) Work for a railroad employer. Work for pay as an employee of a railroad employer always prevents payment of an annuity. (b) Work for last non-railroad employer. Work for pay in the service of the last non-railroad employer by whom an individual is employed will reduce the amount of the tier II benefit of the employee, spouse and supplemental annuity as provided in part 230 of this chapter. An individual's last non-railroad employer is: (1) Any non-railroad employer from whom the individual last resigned (in point of time) in order to receive an annuity; and (2) Any additional non-railroad employer from whom the individual resigned in order to have an annuity become payable. Employment which an individual stops within 6 months of the date on which the individual files for an annuity will be presumed in the absence of evidence to the contrary to be service from which the individual resigned in order to receive an annuity. (c) Corporate officers. An officer of a corporation will be considered to be an employee of the corporation. A director of a corporation acting solely in his or her capacity as such director is not an employee of the corporation. | ||||
| 20:20:1.0.2.8.12.3.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | C | Subpart C—Railroad and Last Non-Railroad Employment | § 216.23 Work which does not affect eligibility. | SSA | An individual may engage in any of the following without adversely affecting his or her annuity: (a) Work for a railway labor organization. An individual may work for a local lodge or division of a railway labor organization if the pay is under $25 a month, unless the work performed is solely for the purpose of collecting insurance premiums. (b) Work without pay. Work performed for any person or entity for which no pay is received, or where the pay merely constitutes reimbursement for out-of-pocket expenses, or where the amount received consists only of free will donations and there is no agreement that such donation shall constitute remuneration for services, does not affect entitlement to an annuity. (c) Self-employment. Self-employment is work performed in an individual's own business, trade or profession as an independent contractor, rather than as an employee. An individual is not self-employed if the business is incorporated. The designation or description of the relationship between the individual and another person as anything other than that of an employer and employee is immaterial. If the Board determines that an employer-employee relationship exists, the fact that the employee is designated as a partner, coadventurer, agent, independent contractor, or the like will be disregarded. An individual determined to be an employee of a railroad employer pursuant to part 203 of this chapter is not self-employed. Whether an individual performing services is an employee depends upon the degree to which the recipient of services controls the individual's work. Control is determined in accordance with general legal principles delineating an employer-employee relationship. Among the factors considered are: (1) Instructions. An individual required to comply with instructions about when, where, and how to work is ordinarily an employee. Instructions may be oral or in the form of manuals or written procedures which show how the desired result is to be accomplished. An individual who ordinarily works withou… | ||||
| 20:20:1.0.2.8.12.3.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | C | Subpart C—Railroad and Last Non-Railroad Employment | § 216.24 Relinquishment of rights to return to work. | SSA | (a) What return to work rights must be given up. Before an individual may receive an annuity based on age, he or she must give up any seniority or other rights to return to work for any railroad employer. (b) When right to return to work is ended. An individual's right to return to work for a railroad employer is ended whenever any of the following events occur: (1) The employer reports to the Board that the individual no longer has the right; (2) The individual or an authorized agent of that individual gives the employer an oral or written notice of the individual's wish to give up that right and: (i) The individual certifies to the Board that the right has been given up; (ii) The Board notifies the employer of the individual's certification; and (iii) The employer either confirms the individual's right has been given up or fails to reply within 10 days following the day the Board mailed the notice to the employer; (3) An event occurs which under the established rules or practices of the employer automatically ends that right; (4) The employer or the individual or both take an action which clearly and positively ends that right; (5) The individual never had that right and permanently stops working; (6) The Board gives up that right for the individual, having been authorized to do so by the individual; (7) The individual dies; or (8) The individual signs a statement that he or she gives up all rights to return to work in order to receive a separation allowance or severance pay. | ||||
| 20:20:1.0.2.8.12.4.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | D | Subpart D—Employee Annuity | § 216.30 General. | SSA | The Railroad Retirement Act provides annuities for employees who have reached a specified age and have been credited with a specified number of years of service. The Act also provides annuities for employees who become disabled. In addition, to be eligible for an annuity an employee must comply with the work restrictions outlined in subpart C of this part. | ||||
| 20:20:1.0.2.8.12.4.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | D | Subpart D—Employee Annuity | § 216.31 Who is eligible for an age annuity. | SSA | The Railroad Retirement Act provides annuities based on the employee's age for employees who have been credited with at least 10 years of railroad service. (a) Annuities based on 10 years of service. An employee with 10 years of railroad service but less than 30 years of service is eligible for an annuity if he or she: (1) Has attained retirement age; or (2) Has attained age 62 (the annuity cannot begin prior to the first full month during which the employee is age 62) but is less than retirement age. All components of the annuity are reduced for each month the employee is under retirement age when the annuity begins. (b) Annuities based on 30 years of service. An employee who has been credited with 30 years of railroad service is eligible for an annuity at age 60 (the annuity cannot begin prior to the first full month the employee is age 60). The Tier I component of the annuity is reduced if the employee meets the following conditions: (1) The employee annuity begins before the month in which the employee is age 62; and either (2) He or she had not attained age 60, prior to July 1, 1984; or (3) He or she had not completed 30 years of railroad service prior to July 1, 1984. (c) Change from employee disability to age annuity. A disability annuity paid to an employee through the end of the month before the month in which the employee attains retirement age is converted to an age annuity beginning with the month in which he or she attains retirement age. | ||||
| 20:20:1.0.2.8.12.4.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | D | Subpart D—Employee Annuity | § 216.32 Who is eligible for a disability annuity. | SSA | The Railroad Retirement Act provides two types of disability annuities for employees who have been credited with at least 10 years of railroad service. An employee may receive an annuity if his or her disability prevents work in his or her regular railroad occupation. An employee who cannot be considered for a disability based on ability to work in his or her regular railroad occupation may receive an annuity if his or her disability prevents work in any regular employment. (a) Disability for work in regular railroad occupation. An employee disabled for work in his or her regular occupation, as defined in part 220 of this chapter, is eligible for a disability annuity if he or she: (1) Has not attained retirement age; and (2) Has a current connection with the railroad industry; and has either: (3) Completed 20 years of service; or (4) Completed 10 years of service and is at least 60 years old. (b) Disabled for work in any regular employment. An employee disabled for work in any regular employment, as defined in part 220 of this chapter, is eligible for a disability annuity if he or she: (1) Is under retirement age; and (2) Has completed 10 years of service. | ||||
| 20:20:1.0.2.8.12.4.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | D | Subpart D—Employee Annuity | § 216.33 What is required for payment of an age or disability annuity. | SSA | In addition to the eligibility requirements listed above, an employee may be required to meet other conditions before payment of his or her annuity may begin. (a) To receive payment of an employee annuity based on age, an eligible employee must: (1) Apply to be entitled to an annuity; and (2) Give up the right to return to service with his or her last railroad employer. (b) If a disability annuity is converted to an age annuity when the annuitant attains retirement age, the age annuity cannot be paid until the employee gives up the right to return to work as described in subpart C of this part. The employee may authorize the Board to relinquish any such right on his or her behalf at the time when he or she applies for the disability annuity. (c) To receive payment of an employee annuity based on disability, and eligible employee must apply to be entitled to an annuity. (d) When requested, the employee must submit evidence to support his or her application, such as proof of age or evidence of disability. | ||||
| 20:20:1.0.2.8.12.5.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | E | Subpart E—Supplemental Annuity | § 216.40 General. | SSA | An employee with a current connection with the railroad industry at the time of retirement may qualify for a supplemental annuity in addition to the regular employee annuity. Supplemental annuities are paid from a separate account funded by employer taxes in addition to those assessed for regular annuities. The Board reduces a supplemental annuity if the employee receives a private pension based on contributions from a railroad employer. | ||||
| 20:20:1.0.2.8.12.5.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | E | Subpart E—Supplemental Annuity | § 216.41 Who is entitled to a supplemental annuity. | SSA | An employee is entitled to a supplemental annuity if he or she: (a) Has been credited with railroad service in at least one month before October 1981; (b) Is entitled to the payment of an employee annuity awarded after June 30, 1966; (c) Has a current connection with the railroad industry when the employee annuity begins; (d) Has given up the right to return to work as shown in subpart C of this part; and either (e) Is age 65 or older and has completed 25 years of service; or (f) Is age 60 or older and under age 65, has completed 30 years of service, and is awarded an annuity on or after July 1, 1974. | ||||
| 20:20:1.0.2.8.12.5.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | E | Subpart E—Supplemental Annuity | § 216.42 How a private railroad pension affects a supplemental annuity. | SSA | (a) What is a private railroad pension. The Board determines whether a pension established by a railroad employer is a private pension that will cause a reduction in the employee's supplemental annuity. A private pension for purposes of this subpart is a plan that: (1) Is a written plan or arrangement which is communicated to the employees to whom it applies; (2) Is established and maintained by an employer for a defined group of employees; and (3) Provides for the payment of definitely determinable benefits to employees over a period of years, usually for life, after retirement or disability. Such a plan is sometimes referred to as a defined benefit plan. (b) Defined contribution plan. A plan under which the employer is obligated to make fixed contributions to the plan regardless of profits (sometimes known as a money purchase plan) is a private pension plan. A plan under which the employer's contributions are discretionary is not a private pension plan under this section. (c) Other than retirement benefits. A plan which provides benefits not customarily considered retirement benefits (such as unemployment benefits, sickness or hospitalization benefits) is not a private pension plan under this section. (d) Effective date of private railroad pension for supplemental annuity purposes. A private pension reduces a supplemental annuity payment effective on the first day of the month after the month the Board determines that it is a private pension as defined in paragraph (a) of this section. (e) Effect of private railroad pension. A supplemental annuity is reduced by the amount of any private pension the employee is receiving which is attributable to an employer's contributions, less any amount by which the private pension is reduced because of the supplemental annuity. The supplemental annuity is not reduced for the amount of a private pension attributable to the employee's contributions. The Board will determine the amount of a private pension for any month which is attributable to the employee's c… | ||||
| 20:20:1.0.2.8.12.5.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | E | Subpart E—Supplemental Annuity | § 216.43 Effect of a supplemental annuity on other benefits. | SSA | (a) Employee annuity. A supplemental annuity that begins after December 31, 1974, does not affect the payment of a regular employee annuity. A supplemental annuity beginning prior to 1975 causes a reduction in the employee annuity as provided by section 3(j) of the Railroad Retirement Act of 1937. (b) Spouse or survivor annuity. The payment of a supplemental annuity does not affect the amount of a spouse or survivor annuity. (c) Residual lump-sum. The amount of a supplemental annuity is not deducted from the gross residual lump-sum benefit. See part 234 of this chapter for an explanation of the residual lump-sum benefit. | ||||
| 20:20:1.0.2.8.12.6.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | F | Subpart F—Spouse and Divorced Spouse Annuities | § 216.50 General. | SSA | The Railroad Retirement Act provides annuities for the spouse, and divorced spouse, of an employee who is entitled to an employee annuity. A spouse may receive an annuity based on age, or on having a child of the employee in his or her care. A divorced spouse may only receive an annuity based on age. No spouse or divorced spouse annuity may be paid based upon disability. | ||||
| 20:20:1.0.2.8.12.6.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | F | Subpart F—Spouse and Divorced Spouse Annuities | § 216.51 Who is eligible for a spouse annuity. | SSA | [56 FR 28692, June 24, 1991, as amended at 90 FR 43910, Sept. 11, 2025] | (a) To be eligible for an annuity, a spouse must: (1) Be the husband or wife, as defined in part 222 of this chapter, of an employee who is entitled to an annuity described under subpart D of this part; and (2) Stop working for any railroad employer. (b) Where the employee's annuity began before January 1, 1975, the employee has completed less than 30 years of railroad service, and is age 65 or older, the spouse must be: (1) Age 65 or older; (2) Less than age 65 and have in his or her care a child of the employee who either is under age 18 or is disabled; or (3) Age 62 or older but under age 65. In such case, all annuity components are reduced for each month the spouse is under age 65 at the time the annuity begins. (c) Where the employee's annuity begins after December 31, 1974, the employee has completed 10 years but less than 30 years of railroad service, and has attained age 62, the spouse must be: (1) Retirement age or older; (2) Less than retirement age and have in his or her care a child of the employee who either is under age 18 or is disabled; or (3) Age 62 or older but under retirement age. In such case, all annuity components are reduced for each month the spouse is under retirement age at the time the annuity begins. (d) Where the employee's annuity began after June 30, 1974, the employee has completed 30 years of railroad service, and is age 60 or older, the spouse must be: (1) Age 60 or older; (2) Less than age 60 and have in his or her care a child of the employee who either is under age 18 or is disabled; or (3) Age 60 but less than retirement age. In such case, the tier I component is reduced if the following conditions are met: (i) The employee was under age 62 at the time his or her annuity began; (ii) The employee annuity began after June 30, 1984; (iii) The employee was under age 60 on June 30, 1984 or completed 30 years of railroad service after June 30, 1984; and (iv) The spouse annuity begins after June 30, 1984. | |||
| 20:20:1.0.2.8.12.6.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | F | Subpart F—Spouse and Divorced Spouse Annuities | § 216.52 Who is eligible for an annuity as a divorced spouse. | SSA | To be eligible for a divorced spouse annuity, the employee annuitant must be at least age 62 and the divorced spouse (see § 222.22 of this chapter) must: (a) Be the divorced wife or husband of an employee; (b) Stop work for a railroad employer; (c) Not be entitled to an old-age or disability benefit under the Social Security Act based on a primary insurance amount that is equal to or greater than one-half of the employee's tier I primary insurance amount; and either (d) Have attained retirement age; or (e) Have attained age 62 but be under retirement age. The annuity is reduced for each month the spouse is under retirement age at the time the annuity begins. | ||||
| 20:20:1.0.2.8.12.6.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | F | Subpart F—Spouse and Divorced Spouse Annuities | § 216.53 What is required for payment. | SSA | An eligible spouse or divorced spouse must: (a) Apply to be entitled to an annuity; and (b) Give up the right to return to work for a railroad employer. | ||||
| 20:20:1.0.2.8.12.6.155.5 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | F | Subpart F—Spouse and Divorced Spouse Annuities | § 216.54 Who is an employee's wife or husband. | SSA | An employee's wife or husband is an individual who— (a) Is married to the employee; and (b) Has been married to the employee for at least one year immediately before the date the spouse applied for annuity; (c) Is the natural parent of the employee's child; (d) Was entitled to an annuity as a widow(er), a parent, or a disabled child under this part in the month before he or she married the employee; or (e) Could have been entitled to a benefit listed in paragraph (d) of this section, if the spouse had applied and been old enough in the month before he or she married the employee. | ||||
| 20:20:1.0.2.8.12.7.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.60 General. | SSA | The Railroad Retirement Act provides annuities for the widow(er), surviving divorced spouse, or remarried widow(er) of an employee. The deceased employee must have completed 10 years of railroad service and have had a current connection with the railroad industry at the time of his or her death. A widow(er), surviving divorced spouse, or remarried widow(er) may receive an annuity based on age, on disability, or on having a child of the employee in his or her care. | ||||
| 20:20:1.0.2.8.12.7.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.61 Who is eligible for an annuity as a widow(er). | SSA | (a) A widow(er) of an employee who has completed 10 years of railroad service and had a current connection with the railroad industry at death is eligible for an annuity if he or she: (1) Has not remarried; and either (2) Has attained retirement age; (3) Is at least 50 but less than 60 years of age and became disabled as defined in part 220 of this chapter before the end of the period described in § 216.68 (this results in a reduced annuity); (4) Is less than retirement age but has in his or her care a child who either is under age 18 (16 with respect to the tier I component) or is disabled and who is entitled to an annuity under subpart H of this part; or (5) Is at least 60 years of age but has not attained retirement age. (In this case, all components of the annuity are reduced for each month the widow(er) is age 62 or over but under retirement age when the annuity begins. For each month the widow(er) is at least age 60 but under age 62, all components of the annuity are reduced as if the widow(er) were age 62). | ||||
| 20:20:1.0.2.8.12.7.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.62 Who is eligible for an annuity as a surviving divorced spouse. | SSA | (a) A surviving divorced spouse of an employee who completed 10 years of railroad service and had a current connection with the railroad industry at death, is eligible for an annuity if he or she: (1) Is unmarried; (2) Is not entitled to an old-age benefit under the Social Security Act that is equal to or higher than the surviving divorced spouse's annuity before any reduction for age; and either (3) Has attained retirement age; (4) Is at least 50 years of age but less than retirement age and is disabled as defined in part 220 of this chapter before the end of the period described in § 216.68 (this results in a reduced annuity.); (5) Is less than retirement age but has in his or her care a child who either is under age 16 or is disabled and who is entitled to an annuity under subpart H of this part; or (6) Is at least 60 years of age but has not attained retirement age. In this case, the annuity is reduced for each month the surviving spouse is under retirement age when the annuity begins. (b) A disabled surviving spouse's annuity is converted to an annuity based on age beginning the month he or she becomes 60 years old. The annuity rate does not change. (c) If a surviving divorced spouse marries after attaining age 60 (or age 50 if he or she is a disabled surviving divorced spouse), such marriage shall be deemed not to have occurred. | ||||
| 20:20:1.0.2.8.12.7.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.63 Who is eligible for an annuity as a remarried widow(er). | SSA | (a) A widow(er) of an employee who completed 10 years of railroad service and had a current connection with the railroad industry at death is eligible for an annuity as a remarried widow(er) if he or she: (1) Remarried either: (i) After having attained age 60 (after age 50 if disabled); or (ii) Before age 60 but the marriage terminated; (2) Is not entitled to an old-age benefit under the Social Security Act that is equal to or higher than the full amount of the remarried widow(er)'s annuity before any reduction for age; and (3) Has attained retirement age; (4) Is at least 50 but less than 60 years of age and is disabled as defined in part 220 of this chapter before the end of the period described in § 216.68 (this results in a reduced annuity); (5) Has not attained retirement age but has in his or her care a child who either is under age 16 or is disabled, and who is entitled to an annuity under subpart H of this part; or (6) Is at least age 60 but has not attained retirement age. (In this case, the annuity is reduced for each month the remarried widow(er) is under retirement age when the annuity begins.) (b) An individual entitled to a widow(er)'s annuity may be entitled to an annuity as a remarried widow(er) if he or she: (1) Remarries after having attained age 60 (after age 50 if he or she has been determined to be disabled prior to his or her remarriage) and is not a surviving divorced spouse; or (2) Is entitled to an annuity based upon having a child of the employee in his or her care and marries an individual entitled to a retirement, disability, widow(er)'s, mother's, father's, parent's, or disabled child's benefit under the Railroad Retirement Act or Social Security Act. | ||||
| 20:20:1.0.2.8.12.7.155.5 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.64 What is required for payment. | SSA | An eligible widow(er), surviving divorced spouse, or remarried widow(er) must: (a) Apply to be entitled for an annuity; and (b) Submit evidence requested by the Board to support his or her application. | ||||
| 20:20:1.0.2.8.12.7.155.6 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.65 Who is an employee's widow(er). | SSA | An individual who was married to the employee at the employee's death is the deceased employee's widow(er) if he or she: (a) Was married to the employee for at least 9 months before the day the employee died; (b) Is the natural parent of the employee's child; (c) Was married to the employee when either the employee or the widow(er) adopted the other's child, or they both legally adopted a child who was then under 18 years old; (d) Was married to the employee less than 9 months before the employee died but, at the time of marriage, the employee was reasonably expected to live for 9 months; and (1) The employee's death was accidental; (2) The employee died in the line of duty while he or she was serving active duty as a member of armed forces of the United States; or (3) The surviving spouse was previously married to the employee for at least 9 months; (e) Was entitled in the month before the month of marriage to either: (1) A benefit under section 202 of the Social Security Act as a widow, widower, spouse (divorced spouse, surviving divorced spouse), father, mother, parent, or disabled child; or (2) An annuity under the Railroad Retirement Act as a widow, widower, divorced spouse, or surviving divorced spouse, parent or disabled child; or (f) Could have been entitled to a benefit listed in paragraph (e) of this section, if the widow(er) had applied and been old enough to qualify therefor in the month before the month of marriage. | ||||
| 20:20:1.0.2.8.12.7.155.7 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.66 Who is an employee's surviving divorced spouse. | SSA | An individual who was married to the employee is the deceased employee's surviving divorced spouse if he or she: (a) Was married to the employee for a period of at least 10 years immediately before the date the divorce became final, and applies for an annuity based on age or disability; or (b) Applies for an annuity based on having a “child in care” and either: (1) Is the natural parent of the employee's child; (2) Was married to the employee at the time the employee or the surviving divorced spouse adopted the other's child who was then under 18 years old; or (3) Was married to the employee at the time they adopted a child who was then under 18 years old. | ||||
| 20:20:1.0.2.8.12.7.155.8 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.67 “Child in care.” | SSA | (a) Railroad Retirement Act. Part 222 of this chapter sets forth what is required to establish that a child is in an individual's care for purposes of the Railroad Retirement Act. This definition is used to establish eligibility for the tier II component of a female spouse or widow(er) annuity under that Act. Under this definition a child must be under age 18 or under a disability before any benefit is payable based upon having the child in care. (b) Social Security Act. In order to establish eligibility for the tier I components of a spouse or widow(er) annuity, and eligibility for a surviving divorced spouse annuity based upon having a child of the employee in care, the definition of “child in care” found in the Social Security Act is used. Under this definition, a child must be under age 16 or under a disability. | ||||
| 20:20:1.0.2.8.12.7.155.9 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | G | Subpart G—Widow(er), Surviving Divorced Spouse, and Remarried Widow(er) Annuities | § 216.68 Disability period for widow(er), surviving divorced spouse, or remarried widow(er). | SSA | A widow(er), surviving divorced spouse, or remarried widow(er) who has a disability as defined in part 220 of this chapter is eligible for an annuity only if the disability began before the end of a period which: (a) Begins in the later of: (1) The month in which the employee died; (2) The last month for which the widow(er) or surviving divorced spouse was entitled to an annuity for having the employee's child in care; or (3) The last month for which the widow(er) or surviving divorced spouse was entitled to a previous annuity based on disability; and (b) Ends with the earlier of: (1) The month before the month in which the widow(er) or surviving divorced spouse or remarried widow(er) become 60 years old; or (2) The last day of the last month of a 7-year period (84 consecutive months) following the month in which the period began. | ||||
| 20:20:1.0.2.8.12.8.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | H | Subpart H—Child's Annuity | § 216.70 General. | SSA | The Railroad Retirement Act provides an annuity for the child of a deceased employee but not for the child of a living employee. The Act does provide that the child of a living employee can establish another individual's eligibility for a spouse annuity or cause an increase in the annuities of an employee and spouse. The eligibility requirements described in this subpart also apply for the following purposes, except as otherwise indicated in this part: (a) To establish annuity eligibility for a spouse under subpart F of this part if he or she has the employee's eligible child in care; (b) To establish annuity eligibility for a widow(er), or surviving divorce spouse or remarried widow(er) under subpart G of this part if he or she has the employee's child in care; or (c) To provide an increase in the employee's annuity under the Social Security Overall Minimum Guaranty (see part 229) by including the eligible child. | ||||
| 20:20:1.0.2.8.12.8.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | H | Subpart H—Child's Annuity | § 216.71 Who is eligible for a child's annuity. | SSA | An individual is eligible for a child's annuity if the individual: (a) Is a child of an employee who has completed 10 years of railroad service and had a current connection with the railroad industry when he or she died; (b) Is not married at the time the application is filed; (c) Is dependent upon the employee as defined in part 222 of this chapter; and (d) Meets one of the following at the time the application is filed: (1) Is under age 18; or (2) Is age 18 or older and either: (i) Is disabled as defined in part 220 of this chapter before attaining age 22 (the disability must continue through the time of application for benefits); (ii) Is under age 19 and is a full-time student as defined in § 216.74 of this part; or (iii) Becomes age 19 in a month in which he or she is a full-time student and has not completed the requirement for, or received a diploma or certificate from, a secondary school. | ||||
| 20:20:1.0.2.8.12.8.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | H | Subpart H—Child's Annuity | § 216.72 What is required for payment of a child's annuity. | SSA | An eligible child of a deceased employee is entitled to an annuity upon applying therefor and submitting any evidence requested by the Board. | ||||
| 20:20:1.0.2.8.12.8.155.4 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | H | Subpart H—Child's Annuity | § 216.73 Who may be re-entitled to a child's annuity. | SSA | If an individual's entitlement to a child's annuity has ended, the individual may be re-entitled if he or she has not married and he or she applies to be re-entitled. The re-entitlement may begin with: (a) The first month in which the individual is a full-time student if he or she is under age 19, or is age 19 and has not completed requirements for, or received a diploma or certificate from, a secondary school; (b) The first month the individual is disabled, if the disability began before he or she attained age 22 and continues through the time of application for benefits; or (c) The first month in which the individual is under a disability that began before the last day of a 7-year period (84 consecutive months) following the month in which the previous child's annuity ended, or the individual was no longer included as a disabled child in a railroad retirement annuity paid under the Social Security Overall Minimum Annuity (see part 229). | ||||
| 20:20:1.0.2.8.12.8.155.5 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | H | Subpart H—Child's Annuity | § 216.74 When a child is a full-time elementary or secondary school student. | SSA | [63 FR 17326, Apr. 9, 1998] | (a) A child is a full-time elementary or secondary school student if he or she meets all of the following conditions: (1) The child is in full-time attendance at an elementary or secondary school; or (2) The child is instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction in which the child resides; or (3) The child is in an independent study elementary or a secondary education program administered by the local school, district, or jurisdiction, which is in accordance with the law of the State or other jurisdiction in which he or she resides. (b) The child is in full-time attendance in a day or evening non-correspondence course of at least 13 weeks duration and he or she is carrying a subject load that is considered full-time for day students under the institution's standards and practices. If he or she is in a home schooling program as described in paragraph (a)(2) of this section, he or she must be carrying a subject load that is considered full-time for day students under the standards and practices set by the State or other jurisdiction in which the student resides. (c) To be considered in full-time attendance, scheduled attendance must be at the rate of at least 20 hours per week unless one of the exceptions in paragraphs (c) (1) and (2) of this section applies. If the student is in an independent study program as described in paragraph (a)(3) of this section, the number of hours spent in school attendance is determined by combining the number of hours of attendance at a school facility with the agreed upon number of hours spent in independent study. The student may still be considered in full-time attendance if the scheduled rate of attendance is below 20 hours per week if the Board finds that: (1) The school attended does not schedule at least 20 hours per week and going to that particular school is the student's only reasonable alternative; or (2) The student's medical condition prevents him or her from having scheduled attenda… | |||
| 20:20:1.0.2.8.12.8.155.6 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | H | Subpart H—Child's Annuity | § 216.75 When a child is a full-time student during a period of non-attendance. | SSA | A student who has been in full-time attendance at an elementary or secondary school is considered a full-time student during a period of non-attendance (include part-time attendance) if: (a) The period of non-attendance is 4 consecutive months or less; (b) The student shows to the satisfaction of the Board that he or she intends to return, or the student does return, to full-time attendance at the end of the period; and (c) The student has not been expelled or suspended from the school. | ||||
| 20:20:1.0.2.8.12.9.155.1 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | I | Subpart I—Parent's Annuity | § 216.80 General. | SSA | The Railroad Retirement Act provides an annuity for the surviving parent of a deceased employee. The deceased employee must have completed 10 years of railroad service and have had a current connection with the railroad industry at the time of his or her death. A parent may only receive an annuity based on age. | ||||
| 20:20:1.0.2.8.12.9.155.2 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | I | Subpart I—Parent's Annuity | § 216.81 Who is eligible for a parent's annuity. | SSA | (a) Where the employee is not survived by a widow(er), or child who is or ever could be entitled to an annuity as described by subpart G or H of this part, a parent of the deceased employee is eligible for both the tier I and tier II components of an annuity if he or she: (1) Is age 60 or older; (2) Has not married since the employee died; (3) Received one-half of his or her support (as defined in part 222 of this chapter) from the employee at the time the employee died; and (4) Files proof of support as provided for in paragraphs (b)(4) and (b)(5) of this section. (b) Where the employee is survived by a widow(er), or child who is or ever could be entitled to an annuity as described by subpart G or H of this part, a parent of the deceased employee is eligible for an annuity consisting of the tier I component alone if he or she: (1) Is age 60 or older; (2) Has not married since the employee died; (3) Is not in receipt of an old age benefit under the Social Security Act equal to or exceeding the amount of the parent's tier I annuity amount before it is reduced for the family maximum but after the sole survivor minimum is considered; (4) Received at least one-half of his or her support (as defined in part 222 of this chapter) from the employee either: (i) When the employee died, or (ii) At the beginning of the period of disability if the employee has a period of disability (as explained in part 220 of this chapter) which did not end before death; and (5) Files proof of support with the Board within 2 years after either: (i) The month in which the employee filed an application for a period of disability if support is to be established as of the beginning of the period of disability; or (ii) The date of the employee's death if support is to be established at that point. (c) The Board may accept proof of support filed after the 2-year period for reasons which constitute good cause to do so as that term is defined in part 219 of this chapter. | ||||
| 20:20:1.0.2.8.12.9.155.3 | 20 | Employees' Benefits | II | B | 216 | PART 216—ELIGIBILITY FOR AN ANNUITY | I | Subpart I—Parent's Annuity | § 216.82 What is required for payment. | SSA | An eligible parent must file an application and submit the evidence requested by the Board to be entitled to an annuity. | ||||
| 21:21:4.0.1.1.14.2.1.1 | 21 | Food and Drugs | I | C | 216 | PART 216—HUMAN DRUG COMPOUNDING | B | Subpart B—Compounded Drug Products | § 216.23 Bulk drug substances that can be used to compound drug products in accordance with section 503A of the Federal Food, Drug, and Cosmetic Act. | FDA | [84 FR 4710, Feb. 19, 2019] | (a) The following bulk drug substances can be used in compounding under section 503A(b)(1)(A)(i)(III) of the Federal Food, Drug, and Cosmetic Act. (1) Brilliant Blue G, also known as Coomassie Brilliant Blue G-250. (2) Cantharidin (for topical use only). (3) Diphenylcyclopropenone (for topical use only). (4) N-acetyl-D-glucosamine (for topical use only). (5) Squaric acid dibutyl ester (for topical use only). (6) Thymol iodide (for topical use only). (b) After balancing the criteria set forth in paragraph (c) of this section, FDA has determined that the following bulk drug substances will not be included on the list of substances that can be used in compounding set forth in paragraph (a) of this section: (1) Oxitriptan. (2) Piracetam. (3) Silver Protein Mild. (4) Tranilast. (c) FDA will use the following criteria in evaluating substances considered for inclusion on the list set forth in paragraph (a) of this section: (1) The physical and chemical characterization of the substance; (2) Any safety issues raised by the use of the substance in compounded drug products; (3) The available evidence of the effectiveness or lack of effectiveness of a drug product compounded with the substance, if any such evidence exists; and (4) Historical use of the substance in compounded drug products, including information about the medical condition(s) the substance has been used to treat and any references in peer-reviewed medical literature. (d) Based on evidence currently available, there are inadequate data to demonstrate the safety or efficacy of any drug product compounded using any of the drug substances listed in paragraph (a) of this section, or to establish general recognition of the safety or effectiveness of any such drug product. Any person who represents that a compounded drug made with a bulk drug substance that appears on this list is FDA approved, or otherwise endorsed by FDA generally or for a particular indication, will cause the drug to be misbranded under section 502(a) and/or 502(bb) of the Fede… | |||
| 21:21:4.0.1.1.14.2.1.2 | 21 | Food and Drugs | I | C | 216 | PART 216—HUMAN DRUG COMPOUNDING | B | Subpart B—Compounded Drug Products | § 216.24 Drug products withdrawn or removed from the market for reasons of safety or effectiveness. | FDA | [81 FR 69676, Oct. 7, 2016, as amended at 83 FR 63573, Dec. 11, 2018] | The following drug products were withdrawn or removed from the market because such drug products or components of such drug products have been found to be unsafe or not effective. The following drug products may not be compounded under the exemptions provided by section 503A(a) or section 503B(a) of the Federal Food, Drug, and Cosmetic Act: Adenosine phosphate: All drug products containing adenosine phosphate. Adrenal cortex: All drug products containing adrenal cortex. Alatrofloxacin mesylate: All drug products containing alatrofloxacin mesylate. Aminopyrine: All drug products containing aminopyrine. Astemizole: All drug products containing astemizole. Azaribine: All drug products containing azaribine. Benoxaprofen: All drug products containing benoxaprofen. Bithionol: All drug products containing bithionol. Bromfenac sodium: All drug products containing bromfenac sodium (except ophthalmic solutions). Bromocriptine mesylate: All drug products containing bromocriptine mesylate for prevention of physiological lactation. Butamben: All parenteral drug products containing butamben. Camphorated oil: All drug products containing camphorated oil. Carbetapentane citrate: All oral gel drug products containing carbetapentane citrate. Casein, iodinated: All drug products containing iodinated casein. Cerivastatin sodium: All drug products containing cerivastatin sodium. Chloramphenicol: All oral drug products containing chloramphenicol. Chlorhexidine gluconate: All tinctures of chlorhexidine gluconate formulated for use as a patient preoperative skin preparation. Chlormadinone acetate: All drug products containing chlormadinone acetate. Chloroform: All drug products containing chloroform. Cisapride: All drug products containing cisapride. Cobalt: All drug products containing cobalt salts (except radioactive forms of cobalt and its salts and cobalamin and its derivatives). Dexfenfluramine hydrochloride: All drug products containing d… | |||
| 49:49:4.1.1.1.11.1.11.1 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | A | Subpart A—General | § 216.1 Application. | FRA | [41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999] | (a) This part applies, according to its terms, to each railroad that uses or operates— (1) A railroad freight car subject to part 215 of this chapter; (2) A locomotive subject to 49 U.S.C. chapter 207 (49 U.S.C. 20701-03); or (3) Railroad passenger equipment subject to part 238 of this chapter. (b) This part applies, according to its terms, to each railroad owning track subject to part 213 of this chapter. | ||||
| 49:49:4.1.1.1.11.1.11.2 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | A | Subpart A—General | § 216.3 Definitions. | FRA | [41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999] | As used in this part— (a) FRA means the Federal Railroad Administration. (b) State means a State participating in investigative and surveillance activities under 49 U.S.C. 20105. (c) Inspector includes FRA Regional Supervisors of Inspectors. | ||||
| 49:49:4.1.1.1.11.1.11.3 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | A | Subpart A—General | § 216.5 Delegation and general provisions. | FRA | [41 FR 18657, May 6, 1976, as amended at 41 FR 43153, Sept. 30, 1976; 64 FR 25659, May 12, 1999; 74 FR 25172, May 27, 2009] | (a) The Administrator has delegated to the appropriate FRA and State personnel the authority to implement this part. (b) Communications to the Administrator relating to the operation of this part should be submitted to the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, Washington, DC 20590. (c) The notices prescribed in §§ 216.11, 216.13, 216.14, 216.15, and 216.21 of this part are issued on standard FRA forms indicating the particular subject matter. An inspector issues a notice by delivering it to an appropriate officer or agent immediately responsible for the affected locomotive, car, or track. | ||||
| 49:49:4.1.1.1.11.1.11.4 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | A | Subpart A—General | § 216.7 Penalties. | FRA | [90 FR 28141, July 1, 2025] | (a) Any person that violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) “Person” means an entity of any type, covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (c) Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.11.2.11.1 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | B | Subpart B—Special Notice for Repairs | § 216.11 Special notice for repairs—railroad freight car. | FRA | [41 FR 18657, May 6, 1976, as amended at 41 FR 43153, Sept. 30, 1976; 90 FR 28141, July 1, 2025] | (a) When an FRA Motive Power and Equipment Inspector or a State Equipment Inspector determines that a railroad freight car is not in conformity with the requirements of the FRA Freight Car Safety Standards set forth in part 215 of this chapter and that it is unsafe for further service, he notifies the railroad in writing that the car is not in serviceable condition. The Special Notice sets out and describes the defects that cause the car to be in unserviceable condition. After receipt of the Special Notice, the railroad shall remove the car from service until it is restored to serviceable condition. The car may not be deemed to be in serviceable condition until it complies with all applicable requirements of part 215 of this chapter. (b) The railroad shall notify the Motive Power and Equipment (MP&E) Division of FRA's Office of Railroad Safety in writing when the equipment is returned to service, specifying the repairs completed. (c) A railroad freight car subject to the notice prescribed in paragraph (a) of this section may be moved from the place where it was found to be unsafe for further service to the nearest available point where the car can be repaired, if such movement is necessary to make such repairs. However, the movement is subject to the further restrictions of § 215.9 of this chapter. | ||||
| 49:49:4.1.1.1.11.2.11.2 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | B | Subpart B—Special Notice for Repairs | § 216.13 Special notice for repairs—locomotive. | FRA | [41 FR 18657, May 6, 1976, as amended at 64 FR 25659, May 12, 1999; 90 FR 28142, July 1, 2025] | (a) When an FRA Motive Power and Equipment Inspector or State Equipment Inspector determines a locomotive is not safe to operate in the service to which it is put, whether by reason of nonconformity with the FRA Railroad Locomotive Safety Standards set forth in part 229 of this chapter or the FRA Railroad Locomotive Inspection Regulations set forth in part 230 of this chapter or by reason of any other condition rendering the locomotive unsafe, he or she will notify the railroad in writing that the locomotive is not in serviceable condition. After receipt of the Special Notice, the railroad shall remove the locomotive from service until it is restored to serviceable condition. The locomotive may not be deemed to be in serviceable condition until it complies with all applicable requirements of parts 229 and 230 of this chapter and until all additional deficiencies identified in the Special Notice have been corrected. (b) The carrier shall notify the FRA MP&E Division in writing when the locomotive is returned to service, specifying the repairs completed. The carrier officer or employee directly responsible for the repairs shall subscribe this writing under oath. | ||||
| 49:49:4.1.1.1.11.2.11.3 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | B | Subpart B—Special Notice for Repairs | § 216.14 Special notice for repairs—passenger equipment. | FRA | [64 FR 25659, May 12, 1999, as amended at 90 FR 28142, July 1, 2025] | (a) When an FRA Motive Power and Equipment Inspector or a State Equipment Inspector determines that railroad passenger equipment is not in conformity with one or more of the requirements of the FRA Passenger Equipment Safety Standards set forth in part 238 of this chapter and that it is unsafe for further service, he or she will issue a written Special Notice to the railroad that the equipment is not in serviceable condition. The Special Notice describes the defect or defects that cause the equipment to be in unserviceable condition. After receipt of the Special Notice, the railroad shall remove the equipment from service until it is restored to serviceable condition. The equipment may not be deemed in serviceable condition until it complies with all applicable requirements of part 238 of this chapter. (b) The railroad shall notify in writing the FRA MP&E Division when the equipment is returned to service, specifying the repairs completed. (c) Railroad passenger equipment subject to a Special Notice may be moved from the place where it was found to be unsafe for further service to the nearest available point where the equipment can be repaired, if such movement is necessary to make the repairs. However, the movement is subject to the further restrictions of §§ 238.15 and 238.17 of this chapter. | ||||
| 49:49:4.1.1.1.11.2.11.4 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | B | Subpart B—Special Notice for Repairs | § 216.15 Special notice for repairs—track class. | FRA | [41 FR 43153, Sept. 30, 1976, as amended at 90 FR 28142, July 1, 2025] | (a) When an FRA Track Inspector or State Track Inspector determines that track does not comply with the requirements for the class at which the track is being operated, as defined in the Track Safety Standards (49 CFR part 213), he notifies the railroad in writing that the track is being lowered in class and that operations over that track must comply with the speed limitations prescribed in part 213 of this chapter. The notice describes the conditions requiring the track to be lowered in class, specifies the exact location of the affected track segment, and states the highest class and corresponding maximum speeds at which trains may be operated over that track. After receipt of such notice, the speeds at which trains operate over that track shall not exceed the stated maximum permissible speeds, until such time as the track conforms to applicable standards for a higher class. (b) The railroad shall notify the FRA Track and Structures Division in writing when the track is restored to a condition permitting operations at speeds authorized for a higher class, specifying the repairs completed. | ||||
| 49:49:4.1.1.1.11.2.11.5 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | B | Subpart B—Special Notice for Repairs | § 216.17 Appeals. | FRA | [90 FR 28142, July 1, 2025] | (a) Upon receipt of a Special Notice prescribed in §§ 216.11, 216.13, 216.14, or 216.15, a railroad may appeal the decision of the Inspector to the relevant FRA Staff Director ( i.e., MP&E or Track and Structures Division Staff Director). The appeal must be made by email to the relevant FRA Staff Director. The FRA Staff Director assigns an inspector, other than the inspector from whose decision the appeal is being taken, to reinspect the railroad freight car, locomotive, railroad passenger equipment, or track. The reinspection will be made immediately. If upon reinspection, the railroad freight car, locomotive, or passenger equipment is found to be in serviceable condition, or the track is found to comply with the requirements for the class at which it was previously operated by the railroad, the FRA Staff Director or the Director's delegate will immediately notify the railroad, whereupon the restrictions of the Special Notice cease to be effective. If on reinspection the decision of the original inspector is sustained, the FRA Staff Director notifies the railroad that the appeal has been denied. (b) A railroad whose appeal to the FRA Staff Director has been denied may, within thirty (30) days from the denial, appeal to the Administrator. After affording an opportunity for informal oral hearing, the Administrator may affirm, set aside, or modify, in whole or in part, the action of the FRA Staff Director. (c) The requirements of a Special Notice issued under this subpart shall remain in effect and be observed by a railroad pending appeal to the FRA Staff Director or to the Administrator. | ||||
| 49:49:4.1.1.1.11.3.11.1 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | C | Subpart C—Emergency Order—Track | § 216.21 Notice of track conditions. | FRA | [90 FR 28142, July 1, 2025] | (a) When an FRA Track Inspector or State Track Inspector finds track conditions which may require the issuance of an Emergency order removing the track from service under section 203, Public Law 91-458, 84 Stat. 972, the Inspector may issue a notice to the railroad owning the track. The notice sets out and describes the conditions found by the Inspector and specifies the location of defects on the affected track segment. The Inspector provides a copy to the FRA Track and Structures Division Staff Director. (b) In the event the railroad immediately commences repairs on the affected track and so advises the FRA Track and Structures Division Staff Director, the Staff Director assigns an Inspector to reinspect the track immediately on the completion of repairs. If upon reinspection the Inspector determines that necessary repairs have been completed, the Inspector withdraws the Notice of Track Conditions. | ||||
| 49:49:4.1.1.1.11.3.11.2 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | C | Subpart C—Emergency Order—Track | § 216.23 Consideration of recommendation. | FRA | [90 FR 28142, July 1, 2025] | Upon receipt of a Notice of Track Conditions issued under § 216.21, the FRA Track and Structures Division Staff Director prepares a recommendation to the Administrator concerning the issuance of an Emergency order removing the affected track from service. In preparing this recommendation, the FRA Track and Structures Division Staff Director considers all written or other material bearing on the condition of the track received from the railroad within three (3) calendar days of the issuance of the Notice of Track Conditions and also considers the report of the FRA District Track Specialist. | ||||
| 49:49:4.1.1.1.11.3.11.3 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | C | Subpart C—Emergency Order—Track | § 216.25 Issuance and review of emergency order. | FRA | [41 FR 18657, May 6, 1976, as amended at 90 FR 28142, July 1, 2025] | (a) Upon recommendation of the FRA Track and Structures Division Staff Director, the Administrator may issue an Emergency order removing from service track identified in the notice issued under § 216.21. (b) As specified in section 203, Public Law 91-458, 84 Stat. 972, opportunity for review of the Emergency order is provided in accordance with section 554 of title 5 of the U.S.C. Petitions for such review must be submitted in writing to the Office of the Chief Counsel, Federal Railroad Administration, via email to FRALegal@dot.gov. Upon receipt of a petition, FRA will immediately contact the petitioner and make the necessary arrangements for a conference to be held at the earliest date acceptable to the petitioner. At this conference, the petitioner will be afforded an opportunity to submit facts, arguments and proposals for modification or withdrawal of the Emergency order. If the controversy is not resolved at this conference and a hearing is desired, the petitioner must submit a written request for a hearing within fifteen (15) days after the conference. The hearing will commence within fourteen (14) calendar days of receipt of the request and will be conducted in accordance with sections 556 and 575, title 5, U.S.C. (c) Unless stayed or modified by the Administrator, the requirements of each Emergency order issued under this subpart shall remain in effect and be observed pending decision on a petition for review. | ||||
| 49:49:4.1.1.1.11.3.11.4 | 49 | Transportation | II | 216 | PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT | C | Subpart C—Emergency Order—Track | § 216.27 Reservation of authority and discretion. | FRA | The FRA may issue Emergency orders concerning track without regard to the procedures prescribed in this subpart whenever the Administrator determines that immediate action is required to assure the public safety. | |||||
| 50:50:10.0.1.3.2.1.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.1 Purpose of regulations. | NOAA | The regulations in this part implement the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407, Pub. L. 92-522, which, among other things, restricts the taking, possession, transportation, selling, offering for sale, and importing of marine mammals. | ||||
| 50:50:10.0.1.3.2.1.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.2 Scope of regulations. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994] | This part 216 applies solely to marine mammals and marine mammal products as defined in § 216.3. For regulations under the MMPA, with respect to other marine mammals and marine mammal products, see 50 CFR part 18. | |||
| 50:50:10.0.1.3.2.1.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.3 Definitions. | NOAA | [39 FR 1852, Jan. 15, 1974] | In addition to definitions contained in the MMPA, and unless the context otherwise requires, in this part 216: Acts means, collectively, the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 1361 et seq., the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., and the Fur Seal Act of 1966, as amended, 16 U.S.C. 1151 et seq. Active sportfishing means paying passengers have their terminal fishing gear (lures, hooks, etc.) in the water in an attempt to catch fish or, in the case of fishing involving chumming, fishing is considered to be in progress from the instant fish have been sighted taking bait (boiling) during that chumming process. Administrator, Southwest Region means the Regional Administrator, Southwest Region, National Marine Fisheries Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, or his or her designee. Agreement on the International Dolphin Conservation Program (Agreement on the IDCP) means the Agreement establishing the formal binding IDCP that was signed in Washington, DC on May 21, 1998. Alaskan Native means a person defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) (85 Stat. 588) as a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimishian Indians enrolled or not enrolled in the Metlaktla Indian Community), Eskimo, or Aleut blood or combination thereof. The term includes any Native, as so defined, either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or group, of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any Native village or Native group. Any such citizen enrolled by the Secretary of the Interior pursuant to section 5 of the Alaska Native Claims Settlement Act shall be conclusively presumed to be an Alaskan Native for purposes of this part. Albac… | |||
| 50:50:10.0.1.3.2.1.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.4 Other laws and regulations. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 41 FR 36662, Aug. 31, 1976; 58 FR 65134, Dec. 13, 1993] | (a) Federal. Nothing in this part, nor any permit issued under authority of this part, shall be construed to relieve a person from any other requirements imposed by a statute or regulation of the United States, including any applicable statutes or regulations relating to wildlife and fisheries, health, quarantine, agriculture, or customs. (b) State laws or regulations. See part 403 of this chapter. | |||
| 50:50:10.0.1.3.2.1.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.5 Payment of penalty. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981] | The respondent shall have 30 days from receipt of the final assessment decision within which to pay the penalty assessed. Upon a failure to pay the penalty, the Secretary may request the Attorney General to institute a civil action in the appropriate United States District Court to collect the penalty. | |||
| 50:50:10.0.1.3.2.1.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.6 Forfeiture and return of seized property. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 59 FR 50375, Oct. 3, 1994] | (a) Whenever any cargo or marine mammal or marine mammal product has been seized pursuant to section 107 of the MMPA, the Secretary shall expedite any proceedings commenced under these regulations. (b) Whenever a civil penalty has been assessed by the Secretary under these regulations, any cargo, marine mammal, or marine mammal product seized pursuant to section 107 of the MMPA shall be subject to forfeiture. If respondent voluntarily forfeits any such seized property or the monetary value thereof without court proceedings, the Secretary may apply the value thereof, if any, as determined by the Secretary, toward payment of the civil penalty. (c) Whenever a civil penalty has been assessed under these regulations, and whether or not such penalty has been paid, the Secretary may request the Attorney General to institute a civil action in an appropriate United States District Court to compel forfeiture of such seized property or the monetary value thereof to the Secretary for disposition by him in such manner as he deems appropriate. If no judicial action to compel forfeiture is commenced within 30 days after final decision-making assessment of a civil penalty, pursuant to § 216.60, such seized property shall immediately be returned to the respondent. (d) If the final decision of the Secretary under these regulations is that respondent has committed no violation of the MMPA or of any permit or regulations issued thereunder, any marine mammal, marine mammal product, or other cargo seized from respondent in connection with the proceedings under these regulations, or the bond or other monetary value substituted therefor, shall immediately be returned to the respondent. (e) If the Attorney General commences criminal proceedings pursuant to section 105(b) of the MMPA, and such proceedings result in a finding that the person accused is not guilty of a criminal violation of the MMPA, the Secretary may institute proceedings for the assessment of a civil penalty under this part: Provided, That if no such civil penalty p… | |||
| 50:50:10.0.1.3.2.1.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.7 Holding and bonding. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 50 FR 12785, Apr. 1, 1985; 59 FR 50375, Oct. 3, 1994] | (a) Any marine mammal, marine mammal product, or other cargo seized pursuant to section 107 of the MMPA shall be delivered to the appropriate Regional Director of the National Marine Fisheries Service (see § 201.2 of this title) or his designee, who shall either hold such seized property or arrange for the proper handling and care of such seized property. (b) Any arrangement for the handling and care of seized property shall be in writing and shall state the compensation to be paid. Subpart F of 15 CFR part 904 contains additional procedures that govern seized property that is subject to forfeiture or has been forfeited under the MMPA. | |||
| 50:50:10.0.1.3.2.1.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.8 Enforcement officers. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 59 FR 50375, Oct. 3, 1994] | Enforcement Agents of the National Marine Fisheries Service shall enforce the provisions of the MMPA and may take any actions authorized by the MMPA with respect to enforcement. In addition, the Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal Agency for the purposes of enforcing this MMPA. Pursuant to the terms of section 107(b) of the MMPA, the Secretary may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this MMPA. | |||
| 50:50:10.0.1.3.2.10.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.110 Purpose. | NOAA | The purpose of this subpart is to establish regulations governing the take of whales from the Eastern North Pacific (ENP) gray whale ( Eschrichtius robustus ) stock by the Makah Indian Tribe and its enrolled members in accordance with the Secretary's determination to issue a waiver of the Marine Mammal Protection Act (MMPA) take moratorium pursuant to 16 U.S.C. 1371(a)(3). | ||||
| 50:50:10.0.1.3.2.10.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.119 Expiration and amendment. | NOAA | (a) The 10-year waiver period begins the first day of the first season after issuance of the initial hunt permit. The waiver and this subpart will expire 10 years after the effective date of the initial hunt permit specified under § 216.113(b), unless extended. (b) If the initial permit begins during a hunt season, resulting in only a partial season being authorized, the Regional Administrator may authorize a partial season that is equivalent in duration to the difference between the partial season in the first hunt year and the full season. This second partial season can only be authorized in the final calendar year during the waiver period. (c) This subpart may be periodically reviewed and modified as provided in 16 U.S.C. 1373(e). | ||||
| 50:50:10.0.1.3.2.10.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.111 Scope. | NOAA | This subpart authorizes the taking of ENP gray whales only by enrolled members of the Makah Indian Tribe only. | ||||
| 50:50:10.0.1.3.2.10.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.112 Definitions. | NOAA | In addition to the definitions provided in the MMPA, for purposes of this subpart, the following definitions apply: Barter means the exchange of parts from gray whales taken under this subpart for other wildlife or fish or their parts or for other food or for nonedible items other than money if the exchange is of a noncommercial nature. Bonilla-Tatoosh Line means the line running from the western end of Cape Flattery (48°22′53″ N lat., 124°43′54″ W long.) to Tatoosh Island Lighthouse (48°23′30″ N lat., 124°44′12″ W long.) to the buoy adjacent to Duntze Rock (48°28′00″ N lat., 124°45′00″ W long.), then in a straight line to Bonilla Point (48°35′30″ N lat., 124°43′00″ W long.) on Vancouver Island, British Columbia. Calf means any gray whale less than 1 year old. Enrolled member or member of the Makah Indian Tribe means a person whose name appears on the membership roll maintained by the Makah Tribal Council. ENP gray whale means a member of the Eastern North Pacific stock of gray whales ( Eschrichtius robustus ). Export means the act of sending goods from one country to another. Gray whale means a member of the species Eschrichtius robustus. Harpooner means a member of the Makah Indian Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of harpooning a gray whale. Hunt and hunting mean to pursue, strike, harpoon, shoot, or land a gray whale under a hunt permit issued under § 216.113(b) or to attempt any such act, but does not include hunting approaches, training approaches, or training harpoon throws. As a noun, hunt also means any act of hunting. Hunt permit means a permit issued by NMFS in accordance with 16 U.S.C. 1374 and this subpart. Hunting approach means to cause, in any manner, a vessel to be within 100 yards (91.5 m) of a gray whale during a hunt. Land and landing mean bringing a gray whale or any products thereof onto the land in the course of hunting. Makah Indian handicrafts means articl… | ||||
| 50:50:10.0.1.3.2.10.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.113 Issuance and duration of permits. | NOAA | (a) Application. (1) To obtain an initial hunt permit, the Makah Indian Tribe must submit an application to the Regional Administrator signed by an official of the Makah Tribal Council that contains the following information and statements: (i) The proposed duration of the permit; (ii) The maximum number of gray whales to be subjected to hunting or training approaches, struck, landed, and subjected to unsuccessful strike attempts; (iii) A demonstration that the proposed method of taking is humane; (iv) A demonstration that the proposed taking is consistent with this subpart; (v) A copy of the currently enacted Makah Indian Tribal ordinance governing whaling by Makah Indian Tribal members; (vi) A description of the certification process for whaling captains, riflemen, harpooners, Tribal hunt observers, and safety officers, including any guidelines or manuals used by the Tribe to certify such persons; (vii) Any additional hunt permit conditions proposed by the Tribe and a justification for the proposed conditions; and (viii) Any modification to this subpart sought by the Tribe and a justification for the proposed modification. (2) To obtain subsequent hunt permits, the Makah Indian Tribe must submit an application to the Regional Administrator, signed by an official of the Makah Tribal Council, that contains the information required in paragraph (a)(1) of this section and the following information and statements: (i) A description of how the Makah Indian Tribe has complied with the requirements of this subpart and previously issued hunt permits; (ii) A description of circumstances associated with gray whale(s) struck and lost under the most recently issued hunt permit, a description of the measures taken to retrieve such whale(s), and a description of measures taken by the Makah Indian Tribe to minimize future incidents of struck and lost gray whales; and (iii) A description of products obtained from gray whales landed under the most recently issued hunt permit, including a description of the disposit… | ||||
| 50:50:10.0.1.3.2.10.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.114 Hunt management requirements and restrictions. | NOAA | (a) Hunting seasons. Summer/fall hunts and hunting approaches will only be authorized from July 1 through October 31, and winter/spring hunts and hunting approaches will only be authorized from December 1 through May 31 of the following calendar year, provided that: (1) Throughout the duration of the waiver, the authorized hunting dates will alternate between winter/spring hunts and summer/fall hunts, with winter/spring hunts starting in December of the same calendar year as a summer/fall hunt and summer/fall hunts starting in the calendar year following the year in which a winter/spring hunt has ended; (2) If the start date in the initial hunt permit falls within a winter/spring hunt period, the subsequent summer/fall hunt will commence in the calendar year following the ending date of said winter/spring hunt; and (3) If the start date in the initial hunt permit of the initial hunt season falls within a summer/fall hunt period, the subsequent winter/spring hunt will commence in December of the same calendar year as said summer/fall hunt. (b) Training period. Hunt permits may authorize training approaches in any month and training harpoon throws in any month, except as provided in paragraph (c)(2) of this section and provided all necessary authorizations have been obtained. The authorized training period shall be specified in the permit, as provided in § 216.113(b)(5)(iv). (c) Hunting and training limits. The following limits on the number of ENP gray whales approached, subjected to unsuccessful strike attempts, struck, struck and lost, and landed apply. (1) A hunt permit may authorize no more than 353 approaches, including both hunting and training approaches, each calendar year of which no more than 142 of such approaches may be on PCFG whales. Any hunting approach on a gray whale that has already been struck will not count against these limits. (2) A hunt permit may authorize no more than 18 unsuccessful strike attempts during winter/spring hunts and no more than 12 unsuccessful strike attempts du… | ||||
| 50:50:10.0.1.3.2.10.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.115 Accounting and identification of gray whales. | NOAA | (a) Images and samples. NMFS hunt observers, Tribal hunt observers, and members of the Makah Indian Tribe may collect still or motion pictures as needed to document hunting and training approaches, strikes (successful and unsuccessful attempts), and landings. Persons designated by NMFS and by the Makah Indian Tribe may also collect, store, transfer, and analyze specimen samples from struck gray whales. Such designated personnel should make every reasonable attempt to collect genetic samples from struck whales without compromising the safety of the hunt. (b) Identification and accounting of gray whales —(1) Winter/spring hunts. Based on the best available evidence, the Regional Administrator will determine in writing whether a gray whale that is struck in a winter/spring hunt is a WNP gray whale or a PCFG whale or neither, or cannot be identified due to a lack of photographs or genetic data useful for making identifications. A whale affirmatively identified as a PCFG whale will be counted accordingly. A whale that cannot be identified will be presumed to be a PCFG whale in accordance with the proportions specified in § 216.114(d)(2) and will be counted accordingly. If the sex of a whale that is counted, in whole or in part, as a PCFG whale cannot be identified, the proportions specified in § 216.114(d)(2) will be applied. (2) Summer/fall hunts. Based on available evidence, the Regional Administrator will determine in writing whether a gray whale that is struck in a summer/fall hunt is a WNP gray whale or cannot be identified due to a lack of photographs or genetic data useful for making identifications. A gray whale that cannot be identified as a WNP gray whale will be counted as a PCFG whale. If the sex of a whale that is counted as a PCFG whale cannot be identified, the proportions specified in § 216.114(d)(2) will be applied. (3) Hunting and training approaches. Gray whales subjected to hunting or training approaches are presumed to be PCFG whales in accordance with the proportions specified in § 21… | ||||
| 50:50:10.0.1.3.2.10.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.116 Use of edible and nonedible whale products. | NOAA | (a) Gray whales landed under a hunt permit may be utilized as follows: (1) Edible products of ENP gray whales. Enrolled members of the Makah Indian Tribe may possess, consume, and transport edible whale products and may share and barter such products with other enrolled members, both within and outside the Makah Indian Tribe's reservation boundaries, subject to the following restrictions: (i) Within the Tribe's reservation boundaries, enrolled members of the Makah Indian Tribe may share edible ENP gray whale products with any person. (ii) Outside the Makah Indian Tribe's reservation boundaries, enrolled members of the Makah Indian Tribe may share edible ENP gray whale products: (A) At the Tribal member's residence with any person, provided the products are shared for consumption at the Tribal member's residence; or (B) With any person attending a Tribal or intertribal gathering sanctioned by the Makah Tribal Council, so long as there is not more than 2 pounds of such edible product per person attending the gathering. (iii) Any person who is not an enrolled member of the Makah Indian Tribe may possess, consume, and transport edible ENP gray whale products within the Makah Indian Tribe's reservation boundaries so long as the products are shared by an enrolled member of the Makah Indian Tribe. Outside the Tribe's reservation boundaries, any person who is not an enrolled member of the Makah Indian Tribe may possess, consume, and transport edible gray whale products only at a Tribal member's residence or at a Tribal or intertribal gathering sanctioned by the Makah Tribal Council if such products are shared by an enrolled member of the Makah Indian Tribe and the person consumes the products at the gathering. (2) Nonedible products of ENP gray whales. (i) Enrolled members of the Makah Indian Tribe may possess nonedible whale products that have not been fashioned into Makah Indian handicrafts and Makah Indian handicrafts that have not been marked and certificated per paragraph (a)(2)(iii) of this section, may … | ||||
| 50:50:10.0.1.3.2.10.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.117 Prohibited acts. | NOAA | (a) It is unlawful for the Makah Indian Tribe or any enrolled member of the Makah Indian Tribe to: (1) Take any gray whale except as authorized by a hunt permit issued under § 216.113(b) or by any other provision of this part. (2) Participate in a hunt while failing to carry onboard the vessel at all times a hunt permit issued by NMFS and a Tribal whaling permit issued by the Makah Indian Tribe, or an electronic copy or photocopy of these permits. (3) Make a training approach or a training harpoon throw while failing to carry onboard the training vessel at all times an electronic copy or photocopy of the hunt permit issued by NMFS and a training logbook approved by the Makah Indian Tribe for recording training approaches and training harpoon throws. (4) Participate in a hunt as a whaling captain, rifleman, harpooner, Tribal hunt observer, or safety officer, unless the individual's name is included in a Tribal certification report issued under § 216.118(a)(6)(i). (5) Violate any provision of any hunt permit issued under § 216.113(b). (6) Make an approach on a calf or an adult gray whale accompanying a calf after a member of the whaling crew has identified the presence of a calf. (7) Fail to remain at least 100 yards (91.5 m) away from a calf or an adult accompanying a calf after a member of the whaling crew has identified the presence of a calf. (8) Hunt or make a training harpoon throw on a calf or an adult gray whale accompanying a calf. (9) Hunt outside the geographic area identified in § 216.113(b)(5)(iii) unless in pursuit of a gray whale that has already been struck within that area. (10) Hunt, make a hunting or training approach, or make a training harpoon throw after reaching the limits specified in the hunt permit per § 216.113(b)(5)(i) through (viii). (11) Hunt if the limit on PCFG whales or PCFG females that may be struck is less than one as a result of accounting per § 216.115(b)(1) through (3). (12) Hunt after the Makah Indian Tribe has been notified in writing by the Regional Administrato… | ||||
| 50:50:10.0.1.3.2.10.1.9 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.118 Requirements for monitoring, reporting, and recordkeeping. | NOAA | (a) In addition to the reporting provisions described in § 230.8 of this chapter, the Makah Indian Tribe will: (1) Ensure a certified Tribal hunt observer accompanies each hunt. The Tribal hunt observer will record in a hunting logbook the time, date, and location (latitude and longitude, accurate to at least the nearest second) of each hunting approach of a gray whale, each attempt to strike a gray whale, and each gray whale struck. For each gray whale struck, the Tribal hunt observer will record whether the whale was landed. If not landed, the Tribal hunt observer will describe the circumstances associated with the striking of the whale and estimate whether the animal suffered a wound that might be fatal. For every gray whale approached by the whaling crew, the Tribal hunt observer must make every reasonable attempt to collect digital photographs useful for photo-identification purposes. (2) Ensure that each vessel involved in a training approach has onboard a training logbook for recording the date, location, and number of gray whales approached and the number of training harpoon throws. Each training approach and training harpoon throw must be reported to the Tribal hunt observer within 24 hours. (3) Maintain hunting and training logbooks specified in paragraphs (a)(1) and (2) of this section and allow persons designated by NMFS to inspect them upon request. (4) Ensure that each whaling captain allows a NMFS hunt observer to accompany and observe any hunt. (5) Maintain an official record of all articles of Makah Indian handicraft, including the following information for each article certified by the Makah Tribal Council or its designee: the date of the certification; the permanent distinctive mark identifying the article as a Makah Indian handicraft; a brief description of the handicraft, including artist's full name, gray whale product(s) used, and approximate size; and at least one digital photograph of the entire handicraft. A copy of the official record of Makah Indian handicrafts must be provided to… | ||||
| 50:50:10.0.1.3.2.2.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.11 Prohibited taking. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 47 FR 21254, May 18, 1982; 54 FR 21921, May 19, 1989] | Except as otherwise provided in subparts C, D, and I of this part 216 or in part 228 or 229, it is unlawful for: (a) Any person, vessel, or conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas, or (b) Any person, vessel, or conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States, or (c) Any person subject to the jurisdiction of the United States to take any marine mammal during the moratorium. | |||
| 50:50:10.0.1.3.2.2.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.20 Special restrictions for Hawaiian spinner dolphins. | NOAA | 86 FR 53841, Sept. 28, 2021] | (a) Applicability. The following special restrictions designed to protect Hawaiian Spinner Dolphins apply: (1) In all waters within 2 nautical miles (nmi) of the main Hawaiian Islands, and (2) In all waters bounded by the islands of Lāna`i, Maui, and Kaho`olawe enclosed by 3 line segments that connect points on the 2-nmi boundary between the islands as follows: The straight line between 20°32′51″ N/156°43′50″ W (Kaho`olawe) and 20°42′4″ N/156°55′34″ W (Lāna`i), the straight line between 20°51′1″ N/156°54′0″ W (Lāna`i) and 20°59′48″ N/156°42′28″ W (Maui), and the straight line between 20°33′55″ N/156°26′43″ W (Maui) and 20°32′15″ N/156°29′51″ W (Kaho`olawe) (all coordinates referenced to The World Geodetic System of 1984 (WGS 84)). Table 1 to Paragraph ( a )(2)—Coordinates for the Extent of the Designated Waters Bounded by Lāna`i, Maui, and Kaho`olawe * [All coordinates referenced to The World Geodetic System of 1984 (WGS 84).] * (see Figure 3 of this section). (b) Prohibitions. Except as noted in paragraph (c) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed any of the following: (1) Approach or remain within 50 yards (45.7 m) of a Hawaiian spinner dolphin by any means; (2) Swim within 50 yards (45.7 m) of a Hawaiian spinner dolphin; (3) Cause a vessel, person, or other object to approach or remain within 50 yards (45.7 m) of a Hawaiian spinner dolphin; or (4) Intercept or place a vessel, person, or other object in the path of a Hawaiian spinner dolphin so that the dolphin approaches within 50 yards (45.7 m) of the vessel, person, or object. (c) Exceptions. The prohibitions of paragraph (b) of this section do not apply to: (1) Any person who inadvertently comes within 50 yards (45.7 m) of a Hawaiian spinner dolphin or is approached by a spinner dolphin, provided the person makes no effort to engage or pursue the animal and takes immediate steps to move away fr… |
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