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94 rows where part_number = 325 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:4.0.1.2.56.0.24.1 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.1 Purpose. | FAA | [Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | The purpose of this part is to establish procedures to be followed in designating eligible places and in determining essential air transportation levels for eligible places, and in the appeals and periodic reviews of these determinations, under 49 U.S.C. 41732. | |||||
| 14:14:4.0.1.2.56.0.24.10 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.12 Service of documents. | FAA | [Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | Any person, except one filing individually as a consumer, who files a document under this part, including responses to the questionnaire, shall serve that document upon those listed in § 325.4(a) of this part and upon the following: (a) The governor of the State in which the eligible place is located; (b) Each air carrier providing scheduled service to the affected eligible place; (c) In the case of a responsive document, the one who filed the document to which it responds; and (d) The U.S. Postal Service, Assistant General Counsel, Transportation Division, Law Department, Washington, D.C. 20260. | |||||
| 14:14:4.0.1.2.56.0.24.11 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.13 Environmental evaluations and energy information not required. | FAA | Notwithstanding any provision of part 312 or part 313 of this chapter, a person filing a petition or appeal under this part is not required to file an environmental evaluation or energy information with the application. | ||||||
| 14:14:4.0.1.2.56.0.24.12 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.14 Conformity with subpart A of part 302. | FAA | Except where they are inconsistent, the provisions of subpart A of part 302 of this chapter shall apply to proceedings under this part. | ||||||
| 14:14:4.0.1.2.56.0.24.2 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.2 Applicability. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | This part applies to essential air service determinations for communities designated as eligible under 49 U.S.C. 41731 and to eligible place designations and essential air service determinations for communities that qualify under 49 U.S.C. 41732 and 41733. It applies to the gathering of data by the Department, and to the participation of State, local, and other officials and other interested persons in the designation and determination processes. Note to § 325.2: Criteria for designating eligible points under section 419(b) are contained in part 270 of this chapter. Guidelines for deciding essential air service levels are contained in part 398 of this chapter. | |||||
| 14:14:4.0.1.2.56.0.24.3 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.3 Definitions. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | As used in this part, eligible place means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417. | |||||
| 14:14:4.0.1.2.56.0.24.4 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.4 State and local participation. | FAA | [Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | (a) DOT, on a periodic basis, will send a questionnaire to each eligible place that is served by not more than one certificated air carrier, or is designated as an eligible place under 49 U.S.C. 41731, or for which DOT is reviewing its essential air service needs. The questionnaire will be addressed to: (1) The chief executive of the principal city, or other unit of local government at the affected place, that is named or has been previously named in a qualifying section 41102 certificate. For places in Alaska or Hawaii that are named DOT as eligible place without having been listed on a section 41102 certificate, the principal city is the most populous municipality at the place; (2) The individual or entity with direct supervision over and responsibility for the airport at the eligible place; and (3) The State agency with jurisdiction over air transportation in the State containing the eligible place. If there is no such State agency, the questionnaire will be sent to the governor of that State. (b) Within 60 days after receipt of the questionnaire, five copies of the response shall be filed in the Docket Operations Office, unless the Department specifies another date. If no response is received within the period, essential air service for that eligible place may temporarily be set at the minimum level prescribed in 49 U.S.C. 41737. (c) Any other interested person may, during the 60-day response period, submit information relevant to the essential air service level of that eligible place by filing in the Docket Operations Office, five copies of a document titled with the name of the place involved. (d) As necessary, the DOT may request additional information to supplement the questionnaire. | |||||
| 14:14:4.0.1.2.56.0.24.5 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.5 Determinations and designations. | FAA | [Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | DOT will issue a determination of the essential level of air service for a place within 6 months after each of the following events: (a) A notice is received that service to an eligible place will be reduced to only one carrier that holds a section 41102 certificate; (b) A place is designated as an eligible place under 49 U.S.C. 41731 and either paragraph (c) or (d) of this section or § 325.7(e); or (c) A review was conducted of essential air service of that place under § 325.6. | |||||
| 14:14:4.0.1.2.56.0.24.6 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.6 Periodic reviews. | FAA | [Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | (a) The Department will start a periodic review of essential air service within 1 year of the date of the previous determination of essential air service for eligible places receiving subsidized service, within 2 years of the date of the previous determination for eligible places in Alaska, and within 3 years of the date of the previous determination for eligible places without subsidized air service. (b) The review shall be conducted in accordance with the procedures in §§ 325.4, 325.5 and 325.7. (c) The Department may review the designation under 49 U.S.C. 41733 to determine whether the community designated as an eligible place continues to meet the criteria in part 270 of this chapter. | |||||
| 14:14:4.0.1.2.56.0.24.7 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | §§ 325.7-325.9 [Reserved] | FAA | |||||||
| 14:14:4.0.1.2.56.0.24.8 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.10 Modification of the designated level of essential air service. | FAA | [Docket No. 82, 50 FR 2434, Jan. 16, 1985, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019] | (a) Any person may file with DOT a petition titled “Petition for Modification of Essential Air Service Level,” asking to modify the essential air service level at a place. (b) The petition shall identify the place affected, and specifically state the reasons why the petitioner believes the designated essential level is inadequate. It should contain any facts and arguments that support its requests, and describe the level of essential air service that should be substituted. (c) Any person may, within 30 days after the filing of a petition for modification, file an answer to that petition titled “Answer to Petition for Modification.” (d) After review, the Department may seek more information and the procedures of §§ 325.5 and 325.7 will be followed. | |||||
| 14:14:4.0.1.2.56.0.24.9 | 14 | Aeronautics and Space | II | B | 325 | PART 325—ESSENTIAL AIR SERVICE PROCEDURES | § 325.11 Form of documents. | FAA | All documents filed under this part shall be filed in the Documentary Services Division, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, D.C. 20590, and on their front page state: (a) The title of the document; (b) The name of the affected community; (c) The name, address, and telephone number of a person who can be contacted for further information concerning the subject of the document; and (d) In the case of a responsive document, the docket number of the document to which it responds. | ||||||
| 15:15:2.1.1.1.7.0.1.1 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.1 Scope. | ITA | This part contains regulations for issuing export trade certificates of review under title III of the Export Trading Company Act, Pub. L. 97-290. A holder of a certificate of review and the members named in the certificate will have specific protections from private treble damage actions and government criminal and civil suits under U.S. Federal and State antitrust laws for the export conduct specified in the certificate and carried out during its effective period in compliance with its terms and conditions. | ||||||
| 15:15:2.1.1.1.7.0.1.10 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.10 Modifying or revoking a certificate. | ITA | (a) Action subject to modification or revocation. The Secretary shall revoke a certificate, in whole or in part, or modify it, as the Secretary or the Attorney General considers necessary, if: (1) The export conduct of a person or entity protected by the certificate no longer complies with the requirements set forth in § 325.4(b); (2) A person or entity protected by the certificate fails to comply with a request for information under paragraph (b) of this section; or (3) The certificate holder fails to file a complete annual report. (b) Request for information. If the Secretary or the Attorney General has reason to believe that the export trade, export trade activities, or methods of operation of a person or entity protected by a certificate no longer comply with the requirements set forth in § 325.4(b), the Secretary shall request any information that he or the Attorney General considers to be necessary to resolve the matter. (c) Proceedings for the revocation or modification of a certificate —(1) Notification letter. If, after reviewing the relevant information in their possession, it appears to the Secretary or the Attorney General that a certificate should be revoked or modified for any of the reasons set forth in paragraph (a) above, the Secretary shall so notify the certificate holder in writing. The notification shall be sent by registered or certified mail to the address specified in the certificate. The notification shall include a detailed statement of the facts, conduct, or circumstances which may warrant the revocation or modification of the certificate. (2) Answer. The certificate holder shall respond to the notification letter within thirty days after receiving it, unless the Secretary, in his discretion, grants a thirty day extension for good cause shown. The certificate holder shall respond specifically to the statement included with the notification letter and state in detail why the facts, conduct or circumstances described in the notification letter are not true, or if they are t… | ||||||
| 15:15:2.1.1.1.7.0.1.11 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.11 Judicial review. | ITA | (a) Review of certain determinations. (1) Any person aggrieved by a final determination of the Secretary under § 325.5, § 325.7, § 325.9, or § 325.10 of these regulations may, within thirty days of the determination, bring an action in an appropriate district court of the United States to set aside the determination on the ground that it is erroneous. If a certificate is denied, the applicant may bring suit within thirty days after the notice of denial is published in the Federal Register, or, if the applicant seeks reconsideration, within thirty days after the Secretary publishes in the Federal Register notice of his determination after reconsideration. (b) For purposes of judicial review, determinations of the Secretary are final when notice is published in the Federal Register. (c) Record for judicial review. For purposes of judicial review, the record shall include all information presented to or obtained by the Secretary which had a bearing on the determination, the determination itself, the supporting statement setting forth the reasons for the determination, and the Attorney General's response to the Secretary indicating concurrence or nonconcurrence. (d) Limitation of judicial review. Except as provided in paragraph (a) of this section, no agency action taken under the Act shall be subject to judicial review. | ||||||
| 15:15:2.1.1.1.7.0.1.12 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.12 Returning the applicant's documents. | ITA | (a) Upon the denial or withdrawal of an application for a certificate in its entirety, the applicant may request the return of all copies of the documents submitted by the applicant in connection with the application to the Department of Commerce or the Department of Justice. The applicant shall submit this request in writing to both the Secretary and the Attorney General. (b) The Secretary and the Attorney General shall return the documents to the applicant within thirty days after they receive the applicant's request. | ||||||
| 15:15:2.1.1.1.7.0.1.13 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.13 Nonadmissibility in evidence. | ITA | If the Secretary denies, in whole or in part, an application for a certificate or for an amendment to a certificate, or revokes or amends a certificate, neither the negative determination nor the statement of reasons therefor shall be admissible in evidence in any administrative or judicial proceeding in support of any claim under the antitrust laws. | ||||||
| 15:15:2.1.1.1.7.0.1.14 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.14 Submitting reports. | ITA | (a) Not later than each anniversary of a certificate's effective date, the Secretary shall notify the certificate holder of the information to be included in the annual report. This report shall contain any changes relevant to the matters specified in the certificate, an update of the information contained in the application brought current to the anniversary date, and any other information the Secretary considers appropriate, after consultation with the Attorney General. (b) Not later than forty-five days after each anniversary of a certificate's effective date, a certificate holder shall submit its annual report to the Secretary. The Secretary shall deliver a copy of the annual report to the Attorney General. (c) Failure to submit a complete annual report may be the basis for modification or revocation of a certificate. | ||||||
| 15:15:2.1.1.1.7.0.1.15 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.15 Relinquishing a certificate. | ITA | A certificate holder may relinquish a certificate at any time through written notice to the Secretary. The certificate will cease to be effective on the day the Secretary receives the notice. | ||||||
| 15:15:2.1.1.1.7.0.1.16 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.16 Protecting confidentiality of information. | ITA | (a) Any information that is submitted by any person under the Act is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). (b)(1) Except as authorized under paragraph (b)(3) of this section, no officer or employee of the United States shall disclose commercial or financial information submitted under this Act if the information is privileged or confidential, and if disclosing the information would cause harm to the person who submitted it. (2) A person submitting information shall designate the documents or information which it considers privileged or confidential and the disclosure of which would cause harm to the person submitting it. The Secretary shall endeavor to notify these persons of any requests or demands before disclosing any of this information. (3) An officer or employee of the United States may disclose information covered under paragraph (b)(1) of this section only under the following circumstances— (i) Upon a request made by either House of Congress or a Committee of the Congress, (ii) In a judicial or administrative proceeding subject to issuance of an appropriate protective order, (iii) With the written consent of the person who submitted the information, (iv) When the Secretary considers disclosure of the information to be necessary for determining whether or not to issue, amend, or revoke a certificate, if— (A) The Secretary determines that a non-confidential summary of the information is inadequate; and (B) The person who submitted the information is informed of the intent to disclose the information, and has an opportunity to advise the Secretary of the potential harm which disclosure may cause, (v) In accordance with any requirement imposed by a statute of the United States. (c) In any judicial or administrative proceeding in which disclosure is sought from the Secretary or the Attorney General of any confidential or privileged documents or information submitted under this Act, the Secretary or Attorney General shall attempt to notify the party who submitted… | ||||||
| 15:15:2.1.1.1.7.0.1.17 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.17 Waiver. | ITA | The Secretary may waive any of the provisions of this part in writing for good cause shown, if the Attorney General concurs and if permitted by law. | ||||||
| 15:15:2.1.1.1.7.0.1.2 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.2 Definitions. | ITA | As used in this part: (a) Act means title III of Pub. L. 97-290, Export Trade Certificates of Review. (b) Antitrust laws means the antitrust laws, as the term is defined in the first section of the Clayton Act (15 U.S.C. 12), section 5 of the Federal Trade Commission Act (15 U.S.C. 45) (to the extent that section 5 prohibits unfair methods of competition), and any State antitrust or unfair competition law. (c) Applicant means the person or persons who submit an application for a certificate. (d) Application means an application for a certificate to be issued under the Act. (e) Attorney General means the Attorney General of the United States or his designee. (f) Certificate means a certificate of review issued pursuant to the Act. (g) Control means either (1) holding 50 percent or more of the outstanding voting securities of an issuer; or (2) having the contractual power presently to designate a majority of the directors of a corporation, or in the case of an unincorporated entity, a majority of the individuals who exercise similar functions. (h) Controlling entity means an entity which directly or indirectly controls a member or applicant, and is not controlled by any other entity. (i) Export conduct means specified export trade activities and methods of operation carried out in specified export trade and export markets. (j) Export trade means trade or commerce in goods, wares, merchandise, or services that are exported, or are in the course of being exported, from the United States or any territory of the United States to any foreign nation. (k) Export trade activities means activities or agreements in the course of export trade. (l) Member means an entity (U.S. or foreign) or a person which is seeking protection under the certificate with the applicant. A member may be a partner in a partnership or a joint venture; a shareholder of a corporation; or a participant in an association, cooperative, or other form of profit or nonprofit organization or relationship, by contract or … | ||||||
| 15:15:2.1.1.1.7.0.1.3 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.3 Applying for a certificate of review. | ITA | (a) Place of filing. The applicant shall submit an original and two copies of a completed application form (ITA 4093-P, OMB control number 0625-0125) by personal delivery during normal business hours or by first class mail to the Office of Export Trading Company Affairs, Room 5618, International Trade Administration, Department of Commerce, Washington, DC 20230. Although not required, the applicant should consider using registered mail or some other delivery method that provides evidence of receipt. (b) Contents of application. Any person may submit an application for certification. The application shall contain, where applicable, the information listed below. Some information, in particular the identification of goods or services that the applicant exports or proposes to export, is requested in a certain form (Standard Industrial Classification [SIC] numbers) if reasonably available. Where information does not exist in this form, the applicant may satisfy the request for information by providing it in some other convenient form. If the applicant is unable to provide any of the information requested or if the applicant believes that any of the information requested would be both burdensome to obtain and unnecessary for a determination on the application, the applicant should state that the information is not being provided or is being provided in lesser detail, and explain why. (1) Name and principal address of the applicant and of its controlling entity, if any. Include the name, title, address, telephone number, and relationship to the applicant of each individual to whom the Secretary should address correspondence. (2) The name and principal address of each member, and of each member's controlling entity, if any. (3) A copy of any legal instrument under which the applicant is organized or will operate. Include copies, as applicable, of its corporate charter, bylaws, partnership, joint venture, membership or other agreements or contracts under which the applicant is organized. (4) A copy of the applica… | ||||||
| 15:15:2.1.1.1.7.0.1.4 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.4 Calculating time periods. | ITA | (a) When these regulations require action to be taken within a fixed time period, and the last day of the time period falls on a non-working day, the time period shall be extended to the next working day. (b) The day after an application is deemed submitted shall be deemed the first of the days within which the Secretary must make a determination on the application. | ||||||
| 15:15:2.1.1.1.7.0.1.5 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.5 Issuing the certificate. | ITA | (a) Time period. The Secretary shall determine whether to issue a certificate within ninety days after the application is deemed submitted (excluding any suspension pursuant to § 325.3(f) of the time period for making a determination). If the Secretary or the Attorney General considers it necessary, and the applicant agrees, the Secretary may take up to an additional thirty days to determine whether to issue a certificate. (b) Determination. The Secretary shall issue a certificate to the applicant if he determines, and the Attorney General concurs, that the proposed export trade, export trade activities and methods of operation will— (1) Result in neither a substantial lessening of competition or restraint of trade within the United States nor a substantial restraint of the export trade of any competitor of the applicant; (2) Not unreasonably enhance, stabilize, or depress prices within the United States of the class of the goods, wares, merchandise or services exported by the applicant; (3) Not constitute unfair methods of competition against competitors who are engaged in the export of goods, wares, merchandise or services of the class exported by the applicant; and (4) Not include any act that may reasonably be expected to result in the sale for consumption or resale within the United States of the goods, wares, merchandise, or services exported by the applicant. (c) Concurrence of the Attorney General. (1) Not later than seven days after an application is deemed submitted, the Secretary shall deliver to the Attorney General a copy of the application, any information submitted in connection with the application, and any other relevant information in his possession. The Secretary and the Attorney General shall make available to each other copies of other relevant information that was obtained in connection with the application, unless otherwise prohibited by law. (2) Not later than thirty days before the day a determination on the application is due, the Secretary shall deliver a proposed certifica… | ||||||
| 15:15:2.1.1.1.7.0.1.6 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.6 Publishing notices in the Federal Register. | ITA | (a) Within ten days after an application is deemed submitted, the Secretary shall deliver to the Federal Register a notice summarizing the application. The notice shall identify the applicant and each member and shall include a summary of the export conduct for which certification is sought. If the Secretary does not intend to publish the summary proposed by the applicant, he shall notify the applicant. Within twenty days after the date the notice is published in the Federal Register, interested parties may submit written comments to the Secretary on the application. The Secretary shall provide a copy of such comments to the Attorney General. (b) If a certificate is issued, the Secretary shall publish a summary of the certification in the Federal Register. If an application is denied, the Secretary shall publish a notice of denial. Certificates will be available for inspection and copying in the International Trade Administration Freedom of Information Records Inspection Facility. (c) If the Secretary initiates proceedings to revoke or modify a certificate, he shall publish a notice of his final determination in the Federal Register. (d) If the applicant requests reconsideration of a determination to deny an application, in whole or in part, the Secretary shall publish notice of his final determination in the Federal Register. | ||||||
| 15:15:2.1.1.1.7.0.1.7 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.7 Amending the certificate. | ITA | An application for an amendment to a certificate shall be treated in the same manner as an original application. The application for an amendment shall set forth the proposed amendment(s) and the reasons for them. It shall contain any information specified in § 325.3(b) that is relevant to the determination on the application for an amendment. The effective date of an amendment will be the date on which the application for the amendment was deemed submitted. | ||||||
| 15:15:2.1.1.1.7.0.1.8 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.8 Expediting the certification process. | ITA | (a) Request for expedited action. (1) An applicant may be granted expedited action on its application in the discretion of the Secretary and the Attorney General. The Secretary and the Attorney General will consider such requests in light of an applicant's showing that it has a special need for a prompt decision. A request for expedited action should include an explanation of why expedited action is needed, including a statement of all relevant facts and circumstances, such as bidding deadlines or other circumstances beyond the control of the applicant, that require the applicant to act in less than ninety days and that have a significant impact on the applicant's export trade. (2) The Secretary shall advise the applicant within ten days after the application is deemed submitted whether it will receive expedited action. The Secretary may grant the request in whole or in part and process the remainder of the application through the normal procedures. Expedited action may be granted only if the Attorney General concurs. (b) Time period. The Secretary shall determine whether to issue a certificate to the applicant within forty-five days after the Secretary granted the request for expedited action, or within a longer period if agreed to by the applicant (excluding any suspension pursuant to § 325.3(f) of the time period for making a determination). The Secretary may not issue a certificate until thirty days after the summary of the application is published in the Federal Register. (c) Concurrence of the Attorney General. (1) Not later than ten working days before the date on which a determination on the application is due, the Secretary shall deliver a proposed certificate to the Attorney General for discussion and comment. If the Attorney General does not agree that the proposed certificate may be issued, he shall, not later than five working days before the date on which a determination on the application is due, so advise the Secretary and state the reasons for the disagreement. The Secretary, with the c… | ||||||
| 15:15:2.1.1.1.7.0.1.9 | 15 | Commerce and Foreign Trade | III | A | 325 | PART 325—EXPORT TRADE CERTIFICATES OF REVIEW | § 325.9 Reconsidering an application that has been denied. | ITA | (a) If the Secretary determines to deny an application in whole or in part, he shall notify the applicant in writing of his decision and the reasons for his determination. (b) Within thirty days after receiving a notice of denial, the applicant may request the Secretary to reconsider his determination. (1) The request for reconsideration shall include a written statement setting forth the reasons why the applicant believes the decision should be reconsidered, and any additional information that the applicant considers relevant. (2) Upon the request of the applicant, the Secretary and the Attorney General will meet informally with the applicant and/or his representative to discuss the applicant's reasons why the determination on the application should be changed. (c) The Secretary shall consult with the Attorney General with regard to reconsidering an application. The Secretary may modify his original determination only if the Attorney General concurs. (d) The Secretary shall notify the applicant in writing of his final determination after reconsideration and of his reasons for the determination within thirty days after the request for reconsideration has been received. | ||||||
| 20:20:1.0.2.9.47.0.155.1 | 20 | Employees' Benefits | II | C | 325 | PART 325—REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS | § 325.1 General. | SSA | [54 FR 24551, June 8, 1989, as amended at 65 FR 19647, Apr. 12, 2000] | (a) Day of unemployment. A “day of unemployment” is a calendar day on which an employee, although ready and willing to work, is unemployed, and on which no remuneration is payable and for which the employee has registered, as required by this part. The amount of compensable days of unemployment shall be computed in accordance with this section. (b) Registration period. Except for registration periods in extended unemployment benefit periods, a “registration period” means a period of 14 consecutive days beginning with the first day for which an employee registers following: (1) His or her last day of work, or (2) The last day of the employee's last preceding registration period, and with respect to which the employee properly files a claim for benefits on such form and in such manner as the Board prescribes. (c) General waiting period. Benefits are payable to any qualified employee for each day of unemployment in excess of seven during his or her first registration period in a period of continuing unemployment if such period of continuing unemployment is his or her initial period of continuing unemployment beginning in the benefit year, and then for each day of unemployment in excess of four during any subsequent registration period within the same period of continuing unemployment. A strike waiting period, described in paragraph (d) of this section, will satisfy a general waiting period with respect to a benefit year. (d) Strike waiting period. If a qualified employee has a period of continuing unemployment that includes days of unemployment due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he or she was last employed, no benefits are payable for his or her first 14 days of unemployment due to such stoppage of work. For subsequent days of unemployment due to the same stoppage of work, benefits are payable for days of unemployment in excess of four in each subsequent registration period within the period of continuing unemployment. If such period of c… | |||||
| 20:20:1.0.2.9.47.0.155.2 | 20 | Employees' Benefits | II | C | 325 | PART 325—REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS | § 325.2 Procedure for registering for unemployment benefits. | SSA | (a) Registering as unemployed. To claim unemployment benefits for any day, an employee must register as unemployed by doing the following: (1) Apply for unemployment benefits and employment service in accordance with § 325.3; (2) File a claim in accordance with § 325.4; and (3) Provide any other information that the Board needs to properly adjudicate his or her right to unemployment benefits. (b) No benefits payable without registration. No unemployment benefits shall be paid to any otherwise qualified employee with respect to any day claimed as a day of unemployment, and no waiting period credit shall be allowed, until such time as the employee has complied with the requirements of paragraph (a) of this section. (c) When a registration period may begin. When registering for unemployment benefits, an employee may claim benefits for any calendar day on which he or she is unemployed and believes himself or herself to be eligible for benefits. A registration period may begin as early as the first calendar day on which an employee is unemployed following his or her last day of work even though such first calendar day would have been a rest day if the employee had not become unemployed. However, a registration period may not begin with any calendar day with respect to which an employee has received or will receive remuneration. | ||||||
| 20:20:1.0.2.9.47.0.155.3 | 20 | Employees' Benefits | II | C | 325 | PART 325—REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS | § 325.3 Application for unemployment benefits and employment service. | SSA | (a) Requirement. An unemployed employee who wishes to claim unemployment benefits shall apply for such benefits by completing the form prescribed by the Board for that purpose. Such form shall also constitute an application for employment service. An application will be required at the beginning of each period of unemployment in a benefit year unless: (1) The employee filed an application for an initial period of unemployment in a benefit year and has a subsequent period of unemployment within the same benefit year; or (2) The employee had filed an application for benefits for a period of unemployment that began in the preceding benefit year and the period of unemployment continued into the next ensuing benefit year. In either of these circumstances, the initial application will be treated as an application for days in the subsequent period of unemployment or as an application for days in the next ensuing benefit year, as the case may be. (b) Purpose of application. An application for unemployment benefits and employment service is a document that serves three purposes. First, it identifies an employee who has become unemployed and wishes to begin receiving unemployment benefits. Second, it assists the Board in determining whether the applicant is a qualified employee and if so, whether any of the information reported on the application affects his or her eligibility for payment of benefits. Third, it assists the Board in placing the employee in any suitable employment that may be available. (c) Time for filing application. An employee may deliver or mail his or her application to any Board office, but such application must be received at a Board office within 30 calendar days of the first day that the employee intends to claim as a day of unemployment. For example, if an employee becomes unemployed on October 31 and intends to claim unemployment benefits for days starting November 1, the application must reach a Board office no later than November 30. If the application is received December 1, the emp… | ||||||
| 20:20:1.0.2.9.47.0.155.4 | 20 | Employees' Benefits | II | C | 325 | PART 325—REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS | § 325.4 Claim for unemployment benefits. | SSA | [54 FR 24551, June 8, 1989, as amended at 58 FR 45841, Aug. 31, 1993] | (a) Requirement. After an unemployed employee has applied for unemployment benefits in accordance with § 325.3, he or she shall claim a day as a day of unemployment by registering with respect to such day. Registration shall be made on the claim form provided by the Board to the employee. (b) Claim. A claim for unemployment benefits shall cover a period of 14 consecutive calendar days. Each such 14-day period shall be a registration period. An employee shall provide the information called for by the claim form and shall file his or her claim in accordance with paragraph (c) of this section. (c) Time for filing. A claim for unemployment benefits shall be filed at any Board office no later than 15 calendar days after the last day of the claim period, as defined in paragraph (b) of this section, or 15 calendar days after the date on which the claim form was mailed to the employee, whichever is later. In determining whether the time for filing the claim may be extended, the standards set forth in § 325.3(d) shall be applied. None of the days included in a claim that is not timely filed shall be considered a day of unemployment. (d) Claim for new period of unemployment. An employee who has complied with the application requirement under § 325.3 with respect to a period of unemployment in a benefit year, and who again becomes unemployed in the same benefit year, need not file a new application but may initiate a claim for benefits for days in such subsequent period by calling or visiting the nearest district office of the Board to request a claim form. Such request shall be made no later than 30 calendar days after the first day for which the employee wishes to claim benefits. Upon receipt of a request under this paragraph, the district office shall provide the employee with a claim form which shall show the beginning and ending dates of the registration period covered by the claim form, with the first day shown on the claim form being no earlier than the 30th day before the date on which the employee reques… | |||||
| 20:20:1.0.2.9.47.0.155.5 | 20 | Employees' Benefits | II | C | 325 | PART 325—REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS | § 325.5 Death of employee. | SSA | If an employee dies before filing one or more of the required forms, the form or forms may be filed by or in behalf of the person or persons to whom benefits would be payable pursuant to section 2(g) of the Act. Such form or forms shall be filed within the time prescribed in § 325.3. Under these circumstances, the word “employee”, as used in this part, shall include the individual or individuals by or in behalf of whom the form is filed. | ||||||
| 20:20:1.0.2.9.47.0.155.6 | 20 | Employees' Benefits | II | C | 325 | PART 325—REGISTRATION FOR RAILROAD UNEMPLOYMENT BENEFITS | § 325.6 Verification procedures. | SSA | The Board's procedures for adjudicating and processing applications and claims for unemployment benefits filed pursuant to this part will include both pre-payment and post-payment procedures for verifying the validity of such applications and claims. Such procedures shall be designed with a view to obtaining substantial evidence as to the days of unemployment of the employees who register in accordance with this part. The verification procedures shall include, but are not limited to: (a) Pre-payment contacts with railroad employers, utilizing data processing techniques to the extent feasible so as not to delay unduly the payment of valid claims; and (b) Computer matching programs with state agencies or other entities that may have relevant data concerning non-railroad employment and benefit payments under state unemployment compensation laws. | ||||||
| 33:33:3.0.1.1.19.0.1.1 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.1 Applications for permits. | USACE | [51 FR 41236, Nov. 13, 1986, as amended at 73 FR 19670, Apr. 10, 2008; 90 FR 29472, July 3, 2025] | (a) General. The processing procedures of this part apply to any Department of the Army (DA) permit. Special procedures and additional information are contained in 33 CFR parts 320 through 324, 327 and part 330. This part is arranged in the basic timing sequence used by the Corps of Engineers in processing applications for DA permits. (b) Pre-application consultation for major applications. The district staff element having responsibility for administering, processing, and enforcing federal laws and regulations relating to the Corps of Engineers regulatory program shall be available to advise potential applicants of studies or other information foreseeably required for later federal action. The district engineer will establish local procedures and policies including appropriate publicity programs which will allow potential applicants to contact the district engineer or the regulatory staff element to request pre-application consultation. Upon receipt of such request, the district engineer will assure the conduct of an orderly process which may involve other staff elements and affected agencies (Federal, state, or local) and the public. This early process should be brief but thorough so that the potential applicant may begin to assess the viability of some of the more obvious potential alternatives in the application. The district engineer will endeavor, at this stage, to provide the potential applicant with all helpful information necessary in pursuing the application, including factors which the Corps must consider in its permit decision making process. Whenever the district engineer becomes aware of planning for work which may require a DA permit and which may involve the preparation of an environmental document, they shall contact the principals involved to advise them of the requirement for the permit(s) and the attendant public interest review including the development of an environmental document. Whenever a potential applicant indicates the intent to submit an application for work which may require th… | ||||||
| 33:33:3.0.1.1.19.0.1.10 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.10 Publicity. | USACE | The district engineer will establish and maintain a program to assure that potential applicants for permits are informed of the requirements of this regulation and of the steps required to obtain permits for activities in waters of the United States or ocean waters. Whenever the district engineer becomes aware of plans being developed by either private or public entities which might require permits for implementation, he should advise the potential applicant in writing of the statutory requirements and the provisions of this regulation. Whenever the district engineer is aware of changes in Corps of Engineers regulatory jurisdiction, he will issue appropriate public notices. | |||||||
| 33:33:3.0.1.1.19.0.1.2 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.2 Processing of applications. | USACE | [51 FR 41236, Nov. 13, 1986, as amended at 62 FR 26230, May 13, 1997; 90 FR 31593, July 15, 2025] | (a) Standard procedures. (1) When an application for a permit is received the district engineer shall immediately assign it a number for identification, acknowledge receipt thereof, and advise the applicant of the number assigned to it. He shall review the application for completeness, and if the application is incomplete, request from the applicant within 15 days of receipt of the application any additional information necessary for further processing. (2) Within 15 days of receipt of an application the district engineer will either determine that the application is complete (see 33 CFR 325.1(d)(9) and issue a public notice as described in § 325.3 of this part, unless specifically exempted by other provisions of this regulation or that it is incomplete and notify the applicant of the information necessary for a complete application. The district engineer will issue a supplemental, revised, or corrected public notice if in his view there is a change in the application data that would affect the public's review of the proposal. (3) The district engineer will consider all comments received in response to the public notice in his subsequent actions on the permit application. Receipt of the comments will be acknowledged, if appropriate, and they will be made a part of the administrative record of the application. Comments received as form letters or petitions may be acknowledged as a group to the person or organization responsible for the form letter or petition. If comments relate to matters within the special expertise of another federal agency, the district engineer may seek the advice of that agency. If the district engineer determines, based on comments received, that he must have the views of the applicant on a particular issue to make a public interest determination, the applicant will be given the opportunity to furnish his views on such issue to the district engineer (see § 325.2(d)(5)). At the earliest practicable time other substantive comments will be furnished to the applicant for his information and… | ||||||
| 33:33:3.0.1.1.19.0.1.3 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.3 Public notice. | USACE | [51 FR 41236, Nov. 13, 1986, as amended at 90 FR 29472, July 3, 2025] | (a) General. The public notice is the primary method of advising all interested parties of the proposed activity for which a permit is sought and of soliciting comments and information necessary to evaluate the probable impact on the public interest. The notice must, therefore, include sufficient information to give a clear understanding of the nature and magnitude of the activity to generate meaningful comment. The notice should include the following items of information: (1) Applicable statutory authority or authorities; (2) The name and address of the applicant; (3) The name or title, address and telephone number of the Corps employee from whom additional information concerning the application may be obtained; (4) The location of the proposed activity; (5) A brief description of the proposed activity, its purpose and intended use, so as to provide sufficient information concerning the nature of the activity to generate meaningful comments, including a description of the type of structures, if any, to be erected on fills or pile or float-supported platforms, and a description of the type, composition, and quantity of materials to be discharged or disposed of in the ocean; (6) A plan and elevation drawing showing the general and specific site location and character of all proposed activities, including the size relationship of the proposed structures to the size of the impacted waterway and depth of water in the area; (7) If the proposed activity would occur in the territorial seas or ocean waters, a description of the activity's relationship to the baseline from which the territorial sea is measured; (8) A list of other government authorizations obtained or requested by the applicant, including required certifications relative to water quality, coastal zone management, or marine sanctuaries; (9) If appropriate, a statement that the activity is included within a categorical exclusion for purposes of NEPA; (10) A statement of the district engineer's current knowledge on historic properties; (11) A st… | ||||||
| 33:33:3.0.1.1.19.0.1.4 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.4 Conditioning of permits. | USACE | (a) District engineers will add special conditions to Department of the Army permits when such conditions are necessary to satisfy legal requirements or to otherwise satisfy the public interest requirement. Permit conditions will be directly related to the impacts of the proposal, appropriate to the scope and degree of those impacts, and reasonably enforceable. (1) Legal requirements which may be satisfied by means of Corps permit conditions include compliance with the 404(b)(1) guidelines, the EPA ocean dumping criteria, the Endangered Species Act, and requirements imposed by conditions on state section 401 water quality certifications. (2) Where appropriate, the district engineer may take into account the existence of controls imposed under other federal, state, or local programs which would achieve the objective of the desired condition, or the existence of an enforceable agreement between the applicant and another party concerned with the resource in question, in determining whether a proposal complies with the 404(b)(1) guidelines, ocean dumping criteria, and other applicable statutes, and is not contrary to the public interest. In such cases, the Department of the Army permit will be conditioned to state that material changes in, or a failure to implement and enforce such program or agreement, will be grounds for modifying, suspending, or revoking the permit. (3) Such conditions may be accomplished on-site, or may be accomplished off-site for mitigation of significant losses which are specifically identifiable, reasonably likely to occur, and of importance to the human or aquatic environment. (b) District engineers are authorized to add special conditions, exclusive of paragraph (a) of this section, at the applicant's request or to clarify the permit application. (c) If the district engineer determines that special conditions are necessary to insure the proposal will not be contrary to the public interest, but those conditions would not be reasonably implementable or enforceable, he will deny the permi… | |||||||
| 33:33:3.0.1.1.19.0.1.5 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.5 Forms of permits. | USACE | (a) General discussion. (1) DA permits under this regulation will be in the form of individual permits or general permits. The basic format shall be ENG Form 1721, DA Permit (Appendix A). (2) The general conditions included in ENG Form 1721 are normally applicable to all permits; however, some conditions may not apply to certain permits and may be deleted by the issuing officer. Special conditions applicable to the specific activity will be included in the permit as necessary to protect the public interest in accordance with § 325.4 of this part. (b) Individual permits —(1) Standard permits. A standard permit is one which has been processed through the public interest review procedures, including public notice and receipt of comments, described throughout this part. The standard individual permit shall be issued using ENG Form 1721. (2) Letters of permission. A letter of permission will be issued where procedures of § 325.2(e)(1) have been followed. It will be in letter form and will identify the permittee, the authorized work and location of the work, the statutory authority, any limitations on the work, a construction time limit and a requirement for a report of completed work. A copy of the relevant general conditions from ENG Form 1721 will be attached and will be incorporated by reference into the letter of permission. (c) General permits —(1) Regional permits. Regional permits are a type of general permit. They may be issued by a division or district engineer after compliance with the other procedures of this regulation. If the public interest so requires, the issuing authority may condition the regional permit to require a case-by-case reporting and acknowledgment system. However, no separate applications or other authorization documents will be required. (2) Nationwide permits. Nationwide permits are a type of general permit and represent DA authorizations that have been issued by the regulation (33 CFR part 330) for certain specified activities nationwide. If certain conditions are met, … | |||||||
| 33:33:3.0.1.1.19.0.1.6 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.6 Duration of permits. | USACE | (a) General. DA permits may authorize both the work and the resulting use. Permits continue in effect until they automatically expire or are modified, suspended, or revoked. (b) Structures. Permits for the existence of a structure or other activity of a permanent nature are usually for an indefinite duration with no expiration date cited. However, where a temporary structure is authorized, or where restoration of a waterway is contemplated, the permit will be of limited duration with a definite expiration date. (c) Works. Permits for construction work, discharge of dredged or fill material, or other activity and any construction period for a structure with a permit of indefinite duration under paragraph (b) of this section will specify time limits for completing the work or activity. The permit may also specify a date by which the work must be started, normally within one year from the date of issuance. The date will be established by the issuing official and will provide reasonable times based on the scope and nature of the work involved. Permits issued for the transport of dredged material for the purpose of disposing of it in ocean waters will specify a completion date for the disposal not to exceed three years from the date of permit issuance. (d) Extensions of time. An authorization or construction period will automatically expire if the permittee fails to request and receive an extension of time. Extensions of time may be granted by the district engineer. The permittee must request the extension and explain the basis of the request, which will be granted unless the district engineer determines that an extension would be contrary to the public interest. Requests for extensions will be processed in accordance with the regular procedures of § 325.2 of this part, including issuance of a public notice, except that such processing is not required where the district engineer determines that there have been no significant changes in the attendant circumstances since the authorization was issued. (e) Ma… | |||||||
| 33:33:3.0.1.1.19.0.1.7 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.7 Modification, suspension, or revocation of permits. | USACE | (a) General. The district engineer may reevaluate the circumstances and conditions of any permit, including regional permits, either on his own motion, at the request of the permittee, or a third party, or as the result of periodic progress inspections, and initiate action to modify, suspend, or revoke a permit as may be made necessary by considerations of the public interest. In the case of regional permits, this reevaluation may cover individual activities, categories of activities, or geographic areas. Among the factors to be considered are the extent of the permittee's compliance with the terms and conditions of the permit; whether or not circumstances relating to the authorized activity have changed since the permit was issued or extended, and the continuing adequacy of or need for the permit conditions; any significant objections to the authorized activity which were not earlier considered; revisions to applicable statutory and/or regulatory authorities; and the extent to which modification, suspension, or other action would adversely affect plans, investments and actions the permittee has reasonably made or taken in reliance on the permit. Significant increases in scope of a permitted activity will be processed as new applications for permits in accordance with § 325.2 of this part, and not as modifications under this section. (b) Modification. Upon request by the permittee or, as a result of reevaluation of the circumstances and conditions of a permit, the district engineer may determine that the public interest requires a modification of the terms or conditions of the permit. In such cases, the district engineer will hold informal consultations with the permittee to ascertain whether the terms and conditions can be modified by mutual agreement. If a mutual agreement is reached on modification of the terms and conditions of the permit, the district engineer will give the permittee written notice of the modification, which will then become effective on such date as the district engineer may establish.… | |||||||
| 33:33:3.0.1.1.19.0.1.8 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.8 Authority to issue or deny permits. | USACE | (a) General. Except as otherwise provided in this regulation, the Secretary of the Army, subject to such conditions as he or his authorized representative may from time to time impose, has authorized the Chief of Engineers and his authorized representatives to issue or deny permits for dams or dikes in intrastate waters of the United States pursuant to section 9 of the Rivers and Harbors Act of 1899; for construction or other work in or affecting navigable waters of the United States pursuant to section 10 of the Rivers and Harbors Act of 1899; for the discharge of dredged or fill material into waters of the United States pursuant to section 404 of the Clean Water Act; or for the transportation of dredged material for the purpose of disposing of it into ocean waters pursuant to section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended. The authority to issue or deny permits in interstate navigable waters of the United States pursuant to section 9 of the Rivers and Harbors Act of March 3, 1899 has not been delegated to the Chief of Engineers or his authorized representatives. (b) District engineer's authority. District engineers are authorized to issue or deny permits in accordance with these regulations pursuant to sections 9 and 10 of the Rivers and Harbors Act of 1899; section 404 of the Clean Water Act; and section 103 of the Marine Protection, Research and Sanctuaries Act of 1972, as amended, in all cases not required to be referred to higher authority (see below). It is essential to the legality of a permit that it contain the name of the district engineer as the issuing officer. However, the permit need not be signed by the district engineer in person but may be signed for and in behalf of him by whomever he designates. In cases where permits are denied for reasons other than navigation or failure to obtain required local, state, or other federal approvals or certifications, the Statement of Findings must conclusively justify a denial decision. District engineers are author… | |||||||
| 33:33:3.0.1.1.19.0.1.9 | 33 | Navigation and Navigable Waters | II | 325 | PART 325—PROCESSING OF DEPARTMENT OF THE ARMY PERMITS | § 325.9 Authority to determine jurisdiction. | USACE | District engineers are authorized to determine the area defined by the terms “navigable waters of the United States” and “waters of the United States” except: (a) When a determination of navigability is made pursuant to 33 CFR 329.14 (division engineers have this authority); or (b) When EPA makes a section 404 jurisdiction determination under its authority. | |||||||
| 49:49:5.1.1.1.3.1.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.1 Scope of the rules in this part. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 78 FR 58477, Sept. 24, 2013] | (a) The rules in this part prescribe procedures for inspection, surveillance, and measurement of motor vehicles and motor vehicle equipment operated by motor carriers to determine whether those vehicles and that equipment conform to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202. (b) Except as provided in paragraph (c) of this section, the rules in this part apply to motor carriers engaged in interstate commerce. The rules apply at any time or under any condition of highway grade, load, acceleration or deceleration. (c) The rules in this part do not apply to— (1) A motor vehicle that has a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds (4,536 kg.) or less; (2) A combination of motor vehicles that has a Gross Combination Weight Rating (GCWR) of 10,000 pounds (4,536 kg.) or less; (3) The sound generated by a warning device, such as a horn or siren, installed in a motor vehicle, unless such device is intentionally sounded in order to preclude an otherwise valid noise emission measurement; (4) An emergency motor vehicle, such as a fire engine, an ambulance, a police van, or a rescue van, when it is responding to an emergency call; (5) A snow plow in operation; or (6) The sound generated by auxiliary equipment which is normally operated only when the motor vehicle on which it is installed is stopped or is operating at a speed of 5 miles per hour (8 kph) or less, unless such device is intentionally operated at speeds greater than 5 mph (8 kph) in order to preclude an otherwise valid noise measurement. Examples of that type of auxiliary equipment include, but are not limited to, cranes, asphalt spreaders, ditch diggers, liquid or slurry pumps, auxiliary air compressors, welders, and trash compactors. | |||
| 49:49:5.1.1.1.3.1.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.3 [Reserved] | FHWA | |||||
| 49:49:5.1.1.1.3.1.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.5 Definitions. | FHWA | (a) Statutory definitions. All terms defined in the Noise Control Act of 1972 (Pub. L. 92-574, 86 Stat. 1234) are used as they are defined in that Act. (b) Definitions in standards. All terms defined in § 202.10 of the Interstate Motor Carrier Noise Emission Standards, 40 CFR 202.10, are used as they are defined in that section. (c) Additional definitions. (1) Hard test site means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than 1/2 the distance between the microphone target point and the microphone location point. (2) Soft test site means any test site having the ground surface covered with grass, other ground cover, or similar absorptive material for 1/2 or more of the distance between the microphone target point and the microphone location point. (3) Ground cover means any of various low, dense-growing plants, such as ivy, myrtle, low weeds, or brush. (4) Traffic railing means any longitudinal highway traffic barrier system installed along the side or median of a highway. For the purpose of this part, a traffic railing must have at least 35 percent of its vertical height, from the ground surface to the top of the railing, open to free space in order to qualify as an acceptable object within a noise measurement test site. Further, for the purposes of this part, posts or other discrete supports shall be ignored when ascertaining open free space. (5) Relatively flat when used to describe a noise measurement site means a site which does not contain significant concave curvatures or slope reversals that may result in the focusing of sound waves toward the microphone location point. | ||||
| 49:49:5.1.1.1.3.1.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.7 Allowable noise levels. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989] | Motor vehicle noise emissions, when measured according to the rules of this part, shall not exceed the values specified in Table 1. Table 1—Maximum Permissible Sound Level Readings (Decibel (A)) 1 2 1 The speeds shown refer to measurements taken at sites having speed limits as indicated. These speed limits do not necessarily have to be posted. 2 This table is based on motor carrier noise emission requirements specified in 40 CFR 202.20 and 40 CFR 202.21. | |||
| 49:49:5.1.1.1.3.1.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | A | Subpart A—General Provisions | § 325.9 Measurement tolerances. | FHWA | (a) Measurement tolerances will be allowed to take into account the effects of the following factors: (1) The consensus standard practice of reporting filed sound level measurements to the nearest whole decibel. (2) Variations resulting from commercial instrument tolerances. (3) Variations resulting from the topography of the noise measurement site. (4) Variations resulting from atmospheric conditions such as wind, ambient temperature, and atmospheric pressure. (5) Variations resulting from reflected sound from small objects allowed within the test site. (6) The interpretation of the effects of the above cited factors by enforcement personnel. (b) Measurement tolerances shall not exceed 2 decibels for a given measurement. | ||||
| 49:49:5.1.1.1.3.2.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | B | Subpart B—Administrative Provisions | § 325.11 Issuance, amendment, and revocation of the rules in this part. | FHWA | The procedures specified in part 389 of this chapter for the issuance, amendment, or revocation of the Federal Motor Carrier Safety Regulations apply to rulemaking proceedings for the issuance, amendment, or revocation of the rules in this part. | ||||
| 49:49:5.1.1.1.3.2.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | B | Subpart B—Administrative Provisions | § 325.13 Inspection and examination of motor vehicles. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10226, Mar. 10, 1976; 54 FR 50385, Dec. 6, 1989; 60 FR 38743, July 28, 1995; 66 FR 49869, Oct. 1, 2001; 78 FR 58477, Sept. 24, 2013; 88 FR 80179, Nov. 17, 2023] | (a) Authority. Any special agent of the Federal Motor Carrier Safety Administration (designated in appendix B to part 390 of this chapter) is authorized to inspect, examine, and test a motor vehicle operated by a motor carrier in accordance with the procedures specified in this part for the purpose of ascertaining whether the motor vehicle and equipment installed on the motor vehicle conforms to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202. (b) A motor carrier, its officers, drivers, agents, and employees must, at any time, submit a motor vehicle used in its operations for inspection, examination, and testing for the purpose of ascertaining whether the motor vehicle and equipment installed on it conforms to the Interstate Motor Carrier Noise Emission Standards of the Environmental Protection Agency, 40 CFR part 202. (c) Prescribed inspection report. Form MCS-141, Noise Level Compliance Check shall be used to record findings from motor vehicles selected for noise emission inspection by authorized employees. (d) Motor carrier's disposition of form MCS-141. (1) The driver of any motor vehicle receiving a Form MCS-141 shall deliver such MCS-141 to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility of the motor carrier, if such arrival occurs within twenty-four (24) hours. If the driver does not arrive at a terminal or facility of the motor carrier operating the vehicle within twenty-four (24) hours he/she shall immediately mail the Form MCS-141 to the motor carrier. For operating convenience, motor carriers may designate any shop, terminal, facility, or person to which it may instruct its drivers to deliver or forward Form MCS-141. It shall be the sole responsibility of the motor carrier that Form MCS-141 is returned to the Federal Motor Carrier Safety Administration, in accordance with the terms prescribed thereon and in paragraphs (d) (2) and (3) of this section. A driver, if himself/herself a motor … | |||
| 49:49:5.1.1.1.3.3.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.21 Scope of the rules in this subpart. | FHWA | The rules in this subpart specify criteria for sound level measurement systems which are used to make the sound level measurements specified in subpart D and subpart E of this part. | ||||
| 49:49:5.1.1.1.3.3.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.23 Type of measurement systems which may be used. | FHWA | The sound level measurement system must meet or exceed the requirements of American National Standard Specification for Sound Level Meters (ANSI S1.4-1971), approved April 27, 1971, issued by the American National Standards Institute, 1 throughout the applicable frequency range for either: 1 Copies of the specification may be secured from the American National Standards Institute, 1430 Broadway, New York, New York, 10018. (a) A Type 1 sound level meter; (b) A Type 2 sound level meter; or (c) A Type S sound level meter which has— (1) A weighing frequency response; (2) Fast dynamic characteristics of its indicating instrument; and (3) A relative response level tolerance consistent with those of either a Type 1 or Type 2 sound level meter, as specified in section 3.2 of ANSI S1.4-1971. | ||||
| 49:49:5.1.1.1.3.3.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.25 Calibration of measurement systems. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a)(1) The sound level measurement system must be calibrated and appropriately adjusted at one or more frequencies in the range from 250 to 1,000 Hz at the beginning of each series of measurements and at intervals of 5-15 minutes thereafter, until it has been determined that the sound level measurement system has not significantly drifted from its calibrated level. Once this fact has been established, calibrations may be made at intervals once every hour. A significant drift shall be considered to have occurred if a 0.3 dB or more excursion is noted from the system's predetermined reference calibration level. In the case of systems using displays with whole decibel increments, the operator may visually judge when the 0.3 dB drift has been met or exceeded. (2) The sound level measurement system must be checked periodically by its manufacturer, a representative of its manufacturer, or a person of equivalent special competence to verify that its accuracy meets the manufacturer's design criteria. (b) An acoustical calibrator of the microphone coupler type designed for the sound level measurement system in use shall be used to calibrate the sound level measurement system in accordance with paragraph (a) of this section. The calibration must meet or exceed the accuracy requirements specified in section 5.4.1 of the American National Standard Institute Standard Methods for Measurements of Sound Pressure Levels (ANSI S1.13-1971) for field method measurements. | |||
| 49:49:5.1.1.1.3.3.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | C | Subpart C—Instrumentation | § 325.27 Use of a windscreen. | FHWA | A properly installed windscreen, of the type recommended by the manufacturer of the Sound Level Measurement System, shall be used during the time that noise emission measurements are being taken. | ||||
| 49:49:5.1.1.1.3.4.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.31 Scope of the rules in this subpart. | FHWA | The rules in this subpart specify conditions and procedures for measurement of the sound level generated by a motor vehicle engaged in a highway operation for the purpose of ascertaining whether the motor vehicle conforms to the Standards for Highway Operations set forth in 40 CFR 202.20. | ||||
| 49:49:5.1.1.1.3.4.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.33 Site characteristics; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989] | (a) Measurement shall be made at a test site which is adjacent to, and includes a portion of, a traveled lane of a public highway. A microphone target point shall be established on the centerline of the traveled lane of the highway, and a microphone location point shall be established on the ground surface not less than 31 feet (9.5 m) or more than 83 feet (25.3 m) from the microphone target point and on a line that is perpendicular to the centerline of the traveled lane of the highway and that passes through the microphone target point. In the case of a standard test site, the microphone location point is 50 feet (15.2 m) from the microphone target point. Within the test site is a triangular measurement area. A plan view diagram of a standard test site, having an open site within a 50-foot (15.2 m) radius of both the microphone target point and the microphone location point, is shown in Figure 1. Measurements may be made at a test site having smaller or greater dimensions in accordance with the rules in subpart F of this part. (b) The test site must be an open site, essentially free of large sound-reflecting objects. However, the following objects may be within the test site, including the triangular measurement area: (1) Small cylindrical objects such as fire hydrants or telephone or utility poles. (2) Rural mailboxes. (3) Traffic railings of any type of construction except solid concrete barriers (see § 325.5(c)(4)). (4) One or more curbs having a vertical height of 1 foot (.3 m) or less. (c) The following objects may be within the test site if they are outside of the triangular measurement area of the site: (1) Any vertical surface (such as billboard), regardless of size, having a lower edge more than 15 feet (4.6 m) higher than the surface of the traveled lane of the highway. (2) Any uniformly smooth sloping surface slanting away from the highway (such as a rise in grade alongside the highway) with a slope that is less than 45 degrees above the horizontal. (3) Any surface slanting away from the high… | |||
| 49:49:5.1.1.1.3.4.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.35 Ambient conditions; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976; 41 FR 28267, July 9, 1976] | (a)(1) Sound. The ambient A-weighted sound level at the microphone location point shall be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to the rules of § 325.23. (2) The measured ambient level must be 10 dB(A) or more below that level specified in § 325.7, Table 1, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of testing. (b) Wind. The wind velocity at the test shall be measured at the beginning of each series of noise measurements and at intervals of 5-15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at intervals of once every hour. Noise measurements may only be made if the measured wind velocity is 12 mph (19.3 kph) or less. Gust wind measurements of up to 20 mph (33.2 kph) are allowed. (c) Precipitation. Measurements are prohibited under any condition of precipitation, however, measurements may be made with snow on the ground. The ground surface within the measurement area must be free of standing water. | |||
| 49:49:5.1.1.1.3.4.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.37 Location and operation of sound level measurement system; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a) The microphone of a sound level measurement system that conforms to the rules in § 325.23 of this part shall be located at a height of not less than 2 feet (.6 m) nor more than 6 feet (1.8 M) above the plane of the roadway surface and not less than 3 1/2 feet (1.1 m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2 m). (b)(1) When the sound level measurement system is hand-held or is otherwise monitored by a person located near its microphone, the holder must orient himself/herself relative to the highway in a manner consistent with the recommendation of the manufacturer of the sound level measurement system. (2) In no case shall the holder or observer be closer than 2 feet (.6 m) from the system's microphone, nor shall he/she locate himself/herself between the microphone and the vehicle being measured. (c) The microphone of the sound level measurement system shall be oriented toward the traveled lane of the highway at the microphone target point at an angle that is consistent with the recommendation of the system's manufacturer. If the manufacturer of the system does not recommend an angle of orientation for its microphone, the microphone shall be oriented toward the highway at an angle of not less than 70 degrees and not more than perpendicular to the horizontal plane of the traveled lane of the highway at the microphone target point. (d) The sound level measurement system shall be set to the A-weighting network and “fast” meter response mode. | |||
| 49:49:5.1.1.1.3.4.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | D | Subpart D—Measurement of Noise Emissions; Highway Operations | § 325.39 Measurement procedure; highway operations. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a) In accordance with the rules in this subpart, a measurement shall be made of the sound level generated by a motor vehicle operating through the measurement area on the traveled lane of the highway within the test site, regardless of the highway grade, load, acceleration or deceleration. (b) The sound level generated by the motor vehicle is the highest reading observed on the sound level measurement system as the vehicle passes through the measurement area, corrected, when appropriate, in accordance with the rules in subpart F of this part. (Table 1 in § 325.7 lists the range of maximum permissible sound level readings for various test conditions.) The sound level of the vehicle being measured must be observed to rise at least 6 dB(A) before the maximum sound level occurs and to fall at least 6 dB(A) after the maximum sound level occurs in order to be considered a valid sound level reading. | |||
| 49:49:5.1.1.1.3.5.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.51 Scope of the rules in this subpart. | FHWA | (a) The rules in this subpart specify conditions and procedures for measuring the sound level generated by a vehicle when the vehicle's engine is rapidly accelerated from idle to governed speed at wide open throttle with the vehicle stationary, its transmission in neutral, and its clutch engaged, for the purpose of ascertaining whether the motor vehicle conforms to the Standard for Operation Under Stationary Test, 40 CFR 202.21. (b) The rules in this subpart apply only to a motor vehicle that is equipped with an engine speed governor. (c) Tests conducted in accordance with the rules of this subpart may be made on either side of the vehicle. | ||||
| 49:49:5.1.1.1.3.5.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.53 Site characteristics; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976; 54 FR 50385, Dec. 6, 1989] | (a)(1) The motor vehicle to be tested shall be parked on the test site. A microphone target point shall be established on the ground surface of the site on the centerline of the lane in which the motor vehicle is parked at a point that is within 3 feet (.9 m) of the longitudinal position of the vehicle's exhaust system outlet(s). A microphone location point shall be established on the ground surface not less than 31 feet (9.5 m) and not more than 83 feet (25.3 m) from the microphone target point. Within the test site is a triangular measurement area. A plan view diagram of a standard test site, having an open site within a 50-foot (15.2 m) radius of both the microphone target point and the microphone location point, is shown in Figure 2. (2) Measurements may be made at a test site having smaller or greater dimensions in accordance with the rules in subpart F of this part. (b) The test site must be an open site, essentially free of large sound-reflecting objects. However, the following objects may be within the test site, including the triangular measurement area: (1) Small cylindrical objects such as fire hydrants or telephone or utility poles. (2) Rural mailboxes. (3) Traffic railings of any type of construction except solid concrete barriers (see § 325.5(c)(4)). (4) One or more curbs having a height of 1 foot (.3 m) or less. (c) The following objects may be within the test site if they are outside of the triangular measurement area of the site: (1) Any vertical surface, regardless of size (such as a billboard), having a lower edge more than 15 feet (4.6 m) above the ground. (2) Any uniformly smooth surface slanting away from the vehicle with a slope that is less than 45 degrees above the horizontal. (3) Any surface slanting away from the vehicle that is 45 degrees or more and not more than 90 degrees above the horizontal, if all points on the surface are more than 15 feet (4.6 m) above the surface of the ground in the test site. (d) The surface of the ground within the measurement area must be relati… | |||
| 49:49:5.1.1.1.3.5.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.55 Ambient conditions; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 28267, July 9, 1976] | (a)(1) Sound. The ambient A-weighted sound level at the microphone location point shall be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to the rules of § 325.23. (2) The measured ambient level must be 10 dB(A) or more below that level specified in § 325.7, Table 1, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of testing. (b) Wind. The wind velocity at the test site shall be measured at the beginning of each series of noise measurements and at intervals of 5-15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at intervals of once every hour. Noise measurements may only be made if the measured wind velocity is 12 mph (19.3 kph) or less. Gust wind measurements of up to 20 mph (33.2 kph) are allowed. (c) Precipitation. Measurements are prohibited under any conditions of precipitation, however, measurements may be made with snow on the ground. The ground within the measurement area must be free of standing water. | |||
| 49:49:5.1.1.1.3.5.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.57 Location and operation of sound level measurement systems; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10227, Mar. 10, 1976] | (a) The microphone of a sound level measurement system that conforms to the rules in § 325.23 shall be located at a height of not less than 2 feet (.6 m) nor more than 6 feet (1.8 m) above the plane of the roadway surface and not less than 3 1/2 feet (1.1 m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2 m). (b) When the sound level measurement system is hand-held or otherwise monitored by a person located near its microphone, the holder must orient himself/herself relative to the highway in a manner consistent with the recommendation of the manufacturer of the sound level measurement system. In no case shall the holder or observer be closer than 2 feet (.6 m) from the system's microphone, nor shall he/she locate himself/herself between the microphone and the vehicle being measured. (c) The microphone of the sound level measurement system shall be oriented toward the vehicle at an angle that is consistent with the recommendation of the system's manufacturer. If the manufacturer of the system does not recommend an angle of orientation for its microphone, the microphone shall be oriented at an angle of not less than 70 degrees and not more than perpendicular to the horizontal plane of the test site at the microphone target point. (d) The sound level measurement system shall be set to the A-weighting network and “fast” meter response mode. | |||
| 49:49:5.1.1.1.3.5.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | E | Subpart E—Measurement of Noise Emissions; Stationary Test | § 325.59 Measurement procedure; stationary test. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 41 FR 10226, Mar. 10, 1976] | In accordance with the rules in this subpart, a measurement shall be made of the sound level generated by a stationary motor vehicle as follows: (a) Park the motor vehicle on the test site as specified in § 325.53 of this subpart. If the motor vehicle is a combination (articulated) vehicle, park the combination so that the longitudinal centerlines of the towing vehicle and the towed vehicle or vehicles are in substantial alinement. (b) Turn off all auxiliary equipment which is installed on the motor vehicle and which is designed to operate under normal conditions only when the vehicle is operating at a speed of 5 mph (8 kph) or less. Examples of such equipment include cranes, asphalt spreaders, liquid or slurry pumps, auxiliary air compressors, welders, and trash compactors. (c) If the motor vehicle's engine radiator fan drive is equipped with a clutch or similar device that automatically either reduces the rotational speed of the fan or completely disengages the fan from its power source in response to reduced engine cooling loads, park the vehicle before testing with its engine running at high idle or any other speed the operator may choose, for sufficient time but not more than 10 minutes, to permit the engine radiator fan to automatically disengage when the vehicle's noise emissions are measured under stationary test. (d) With the motor vehicle's transmission in neutral and its clutch engaged, rapidly accelerate the vehicle's engine from idle to its maximum governed speed with wide open throttle. Return the engine's speed to idle. (e) Observe the maximum reading on the sound level measurement system during the time the procedures specified in paragraph (d) of this section are followed. Record that reading, if the reading has not been influenced by extraneous noise sources such as motor vehicles operating on adjacent roadways. (f) Repeat the procedures specified in paragraphs (d) and (e) of this section until the first two maximum sound level readings that are within 2 dB(A) of each other are recorded. N… | |||
| 49:49:5.1.1.1.3.6.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.71 Scope of the rules in this subpart. | FHWA | (a) The rules in this subpart specify correction factors which are added to, or subtracted from, the reading of the sound level generated by a motor vehicle, as displayed on a sound level measurement system, during the measurement of the motor vehicle's sound level emissions at a test site which is not a standard site. (b) The purpose of adding or subtracting a correction factor is to equate the sound level reading actually generated by the motor vehicle to the sound level reading it would have generated if the measurement had been made at a standard test site. | ||||
| 49:49:5.1.1.1.3.6.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.73 Microphone distance correction factors. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 54 FR 50385, Dec. 6, 1989] | 1 Table 1, in § 325.7 is a tabulation of the maximum allowable sound level readings taking into account both the distance correction factors contained in § 325.73 and the ground surface correction factors contained in § 325.75. If the distance between the microphone location point and the microphone target point is other than 50 feet (15.2 m), the maximum observed sound level reading generated by the motor vehicle in accordance with § 325.39 of this part or the numerical average of the recorded maximum observed sound level readings generated by the motor vehicle in accordance with § 325.59 of this part shall be corrected as specified in the following table: Table 2—Distance Correction Factors | |||
| 49:49:5.1.1.1.3.6.1.3 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.75 Ground surface correction factors. | FHWA | 1 Table 1, in § 325.7 is a tabulation of the maximum allowable sound level readings taking into account both the distance correction factors contained in § 325.73 and the ground surface correction factors contained in § 325.75. (a) Highway operations. When measurements are made in accordance with the rules in subpart D of this part upon a test site which is “hard,” a correction factor of 2 dB(A) shall be subtracted from the maximum observed sound level reading generated by the motor vehicle to determine whether the motor vehicle conforms to the Standards for Highway Operations, 40 CFR 202.20. (b) Stationary test. When measurements are made in accordance with the rules in subpart E of this part upon a test site which is “soft,” a correction factor of 2 dB(A) shall be added to the numerical average of the recorded maximum observed sound level readings generated by the motor vehicle to determine whether the motor vehicle conforms to the Standard for Operation Under Stationary Test, 40 CFR 202.21. | ||||
| 49:49:5.1.1.1.3.6.1.4 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.77 Computation of open site requirements—nonstandard sites. | FHWA | (a) If the distance between the microphone location point and the microphone target point is other than 50 feet (15.2 m), the test site must be an open site within a radius from both points which is equal to the distance between the microphone location point and the microphone target point. (b) Plan view diagrams of nonstandard test sites are shown in Figures 3 and 4. Figure 3 illustrates a test site which is larger than a standard test site and is based upon a 60-foot (18.3 m) distance between the microphone location point and the microphone target point. (See § 325.79(b)(1) for an example of the application of the correction factor to a sound level reading obtained at such a site.) Figure 4 illustrates a test site which is smaller than a standard test site and is based upon a 35-foot (10.7 m) distance between the microphone location point and the microphone target point. (See § 325.79(b)(2) for an example of the application of the correction factor to a sound level reading obtained at such a site.) | ||||
| 49:49:5.1.1.1.3.6.1.5 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | F | Subpart F—Correction Factors | § 325.79 Application of correction factors. | FHWA | (a) If two correction factors apply to a measurement they are applied cumulatively. (b) The following examples illustrate the application of correction factors to sound level measurement readings: (1) Example 1—Highway operations. Assume that a motor vehicle generates a maximum observed sound level reading of 86 dB(A) during a measurement in accordance with the rules in subpart D of this part. Assume also that the distance between the microphone location point and the microphone target point is 60 feet (18.3 m) and that the measurement area of the test site is acoustically “hard.” The corrected sound level generated by the motor vehicle would be 85 dB(A), calculated as follows: 86 dB(A) Uncorrected reading + 1 dB(A) Distance correction factor −2 dB(A) Ground surface correction factor __________ 85 dB(A) Corrected reading 86 dB(A) Uncorrected reading + 1 dB(A) Distance correction factor −2 dB(A) Ground surface correction factor __________ 85 dB(A) Corrected reading (2) Example 2—Stationary test. Assume that a motor vehicle generates maximum sound level readings which average 88 dB(A) during a measurement in accordance with the rules in subpart E of this part. Assume also that the distance between the microphone location point and the microphone target point is 35 feet (10.7 m), and that the measurement area of the test site is acoustically “soft.” The corrected sound level generated by the motor vehicle would be 87 dB(A), calculated as follows: 88 dB(A) Uncorrected average of readings −3 dB(A) Distance correction factor + 2 dB(A) Ground surface correction factor __________ 87 dB(A) Corrected reading 88 dB(A) Uncorrected average of readings −3 dB(A) Distance correction factor + 2 dB(A) Ground surface correction factor __________ 87 dB(A) Corrected reading | ||||
| 49:49:5.1.1.1.3.7.1.1 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | G | Subpart G—Exhaust Systems and Tires | § 325.91 Exhaust systems. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 75 FR 57193, Sept. 20, 2010] | A motor vehicle does not conform to the visual exhaust system inspection requirements, 40 CFR 202.22, of the Interstate Motor Carrier Noise Emission Standards, if inspection of the exhaust system of the motor vehicle discloses that the system— (a) Has a defect which adversely affects sound reduction, such as exhaust gas leaks or alteration or deterioration of muffler elements, (small traces of soot on flexible exhaust pipe sections shall not constitute a violation of this subpart); (b) Is not equipped with either a muffler or other noise dissipative device; or (c) Is equipped with a cut-out, by-pass, or similar device, unless such device is designed as an exhaust gas driven cargo unloading system. | |||
| 49:49:5.1.1.1.3.7.1.2 | 49 | Transportation | III | A | 325 | PART 325—COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS | G | Subpart G—Exhaust Systems and Tires | § 325.93 Tires. | FHWA | [40 FR 42437, Sept. 12, 1975, as amended at 60 FR 38743, July 28, 1995; 66 FR 49869, Oct. 1, 2001] | (a) Except as provided in paragraph (b) of this section, a motor vehicle does not conform to the visual tire inspection requirements, 40 CFR 202.23, of the Interstate Motor Carrier Noise Emissions Standards, if inspection of any tire on which the vehicle is operating discloses that the tire has a tread pattern composed primarily of cavities in the tread (excluding sipes and local chunking) which are not vented by grooves to the tire shoulder or circumferentially to each other around the tire. (b) Paragraph (a) of this section does not apply to a motor vehicle operated on a tire having a tread pattern of the type specified in that paragraph, if the motor carrier who operates the motor vehicle demonstrates to the satisfaction of the Administrator or his/her designee that either— (1) The tire did not have that type of tread pattern when it was originally manufactured or newly remanufactured; or (2) The motor vehicle generates a maximum sound level reading of 90 dB(A) or less when measured at a standard test site for highway operations at a distance of 15.3 meters (50 feet) and under the following conditions: (i) The measurement must be made at a time and place and under conditions specified by the Administrator or his/her designee. (ii) The motor vehicle must be operated on the same tires that were installed on it when the inspection specified in paragraph (a) of this section occurred. (iii) The motor vehicle must be operated on a highway having a posted speed limit of more than 56.3 kph (35 mph). (iv) The sound level measurement must be made while the motor vehicle is operating at the posted speed limit. | |||
| 9:9:2.0.2.1.24.0.7.1 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.1 Transactions in commerce prohibited without official inspection legend or certificate when required; exceptions; and vehicle sanitation requirements. | FSIS | [35 FR 15605, Oct. 3, 1970, as amended at 41 FR 23700, June 11, 1976; 47 FR 17274, Apr. 22, 1982; 56 FR 65180, Dec. 16, 1991; 90 FR 27226, June 26, 2025] | (a) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any product which is capable of use as human food unless the product and its container, if any, bear the official inspection legend as required under parts 316 and 317 of this subchapter or such product is exempted from the requirement of inspection under part 303 of this subchapter. (b)(1) No carrier shall transport or receive for transportation in commerce (including transportation in the course of importation) and no person shall offer for transportation any carcass, part thereof, meat or meat food product until a certificate, if required for such transportation by this part, is made and furnished to the carrier in one of the forms prescribed in this part. (2) Product imported into the United States may be transported and offerred or received for transportation if such product is conveyed in railroad cars, trucks or other means of conveyance, prior to inspection, to an authorized place of inspection, as provided in § 327.6 of this part. (c) No person, engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, meat or meat food products capable of use as human food, or importing such articles, shall transport, offer for transportation, or receive for transportation in commerce or in any State designated under section 301(c) of the Act, any such meat or meat food product which is capable of use as human food and is not wrapped, packaged, or otherwise enclosed to prevent adulteration by airborne contaminants, unless the railroad car, truck, or other means of conveyance in which the product is contained or transported is completely enclosed with tight fitting doors or other covers for all openings. In all cases, the means of conveyance shall be reasonably free of foreign matter (such as dust, dirt, rust, or other articles or residues), and free of chemical residues, so that product placed therein will not become adulterated. Any cleaning compound, lye, soda … | |||||
| 9:9:2.0.2.1.24.0.7.10 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.10 Handling of products which may have become adulterated or misbranded; authorization and other requirements. | FSIS | [35 FR 15605, Oct. 3, 1970, as amended at 47 FR 17274, Apr. 22, 1982] | (a) When it is claimed that any inspected and passed product, marked with an inspection legend, has become adulterated or misbranded after it has been transported from an official establishment, such product may be transported in commerce to an official establishment after oral permission is obtained from the area supervisor of the area in which that offical establishment is located. The transportation of the product may be to the official establishment from which it had been transported or to another official establishment designated by the person desiring to handle the product. The transportation shall be authorized only for the purpose of officially determining if the product has become adulterated or misbranded and making the appropriate disposition. The area supervisor shall make a record of the authorization and such other information which will effectively identify the shipment and shall provide a copy of the record to the inspector at the establishment receiving the product. The shipper shall be furnished a copy of the authorization record upon request. (b) Upon the arrival of the shipment at the official establishment, a careful inspection shall be made of the product by a Program inspector, and if it is found that the article is not adulterated, the same may be received into the establishment; but if the article is found to be adulterated, it shall at once be stamped “U.S. inspected and condemned” and disposed of in accordance with part 314 of this subchapter, and if it is found to be misbranded, it shall be handled in accordance with § 318.2(d) of this subchapter: Provided, That when a product is found to be affected with one of the correctable conditions specified in § 318.2(d) of this subchapter, in respect to which rehandling is permitted, it may be transported from the official establishment to another official establishment for such rehandling as is necessary to assure that the product is not adulterated or misbranded when finally released. The transportation of such a product from an official … | |||||
| 9:9:2.0.2.1.24.0.7.11 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.11 Inedible articles: denaturing and other means of identification; exceptions. | FSIS | [47 FR 17274, Apr. 22, 1982, as amended at 49 FR 47478, Dec. 5, 1984; 90 FR 27226, June 26, 2025] | (a) Except as provided in § 325.8 and § 325.10, no carcass, part of a carcass, rendered grease, tallow, or other fat derived from the carcasses of livestock, or other meat food product, that has not been inspected and passed at an official establishment under the provisions of this subchapter and is not exempted from such inspection, and no carcass, part of a carcass, fat or other meat food product that is adulterated or misbranded, shall be offered for transportation in commerce by any person unless it is handled in accordance with paragraph (b), (c), (d), or (e) of this section or is denatured or otherwise identified as prescribed in § 325.13, § 314.1, § 314.3, § 314.9, § 314.10, or § 314.11 of this subchapter. (b) Inedible rendered animal fats from official or other establishments in the United States having the physical characteristics of a meat food product fit for human food may be transported in commerce without denaturing, if the following conditions are met: (1) Such inedible rendered fat shall not be bought, sold, transported, or offered for sale or offered for transportation in commerce, or imported, except by rendering companies, dealers, brokers, or others who obtain a numbered permit for such activities from the Regional Director. (2) Such inedible rendered animal fat may be so distributed only if consigned to a domestic manufacturer of technical articles other than for human food or to an export terminal for exportation or storage for exportation as an inedible article, and provided, in the case of such fat consigned to a domestic manufacturer, the product is for use solely by the consignee for manufacturing purposes of nonhuman food articles and may not be further sold or shipped without first receiving approval of the Regional Director: And provided further, That such fat intended for export and stored at a terminal point prior to export will be subject to review by Program employees to assure that it is exported as inedible. (3) When transported in commerce, or imported, such inedible rend… | |||||
| 9:9:2.0.2.1.24.0.7.12 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.12 [Reserved] | FSIS | |||||||
| 9:9:2.0.2.1.24.0.7.13 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.13 Denaturing procedures. | FSIS | [35 FR 15605, Oct. 3, 1970, as amended at 41 FR 22930, June 8, 1976; 44 FR 67626, Nov. 27, 1979] | (a) Carcasses, parts thereof, meat and meat food products (other than rendered animal fats) that have been treated in accordance with the provisions of this paragraph shall be considered denatured for the purposes of the regulations in this part, except as otherwise provided in part 314 of this subchapter for articles condemned at official establishments. (1) The following agents are prescribed for denaturing carcasses, parts thereof, meat or meat food products which are affected with any condition that would result in their condemnation and disposal under part 314 of this subchapter if they were at an official establishment: Crude carbolic acid; cresylic disinfectant; a formula consisting of 1 part FD&C green No. 3 coloring, 40 parts water, 40 parts liquid detergent, and 40 parts oil of citronella, or other proprietary substance approved by the Administrator in specific cases. 3 3 Information as to approval of any proprietary denaturing substance may be obtained from the Technical Services, Meat and Poultry Inspection, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. (2) Except as provided in paragraphs (a)(3), (4), and (5) of this section, the following agents are prescribed for denaturing other carcasses, parts thereof, meat and meat food products, for which denaturing is required by this part: FD&C green No. 3 coloring; FD&C blue No. 1 coloring; FD&C blue No. 2 coloring; finely powdered charcoal; or other proprietary substance approved by the Administrator in specific cases. 3 (3) Tripe may be denatured by dipping it in a 6 percent solution of tannic acid for 1 minute followed by immersion in a water bath, then immersing it for 1 minute in a solution of 0.022 percent FD&C yellow No. 5 coloring; (4) Meat may be denatured by dipping it in a solution of 0.0625 percent tannic acid, followed by immersion in a water bath, then dipping it in a solution of 0.0625 percent ferric acid; and (5) When meat, meat byproducts, or meat food products are in ground form, 4 per… | |||||
| 9:9:2.0.2.1.24.0.7.14 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.14 Certificates, retention by carrier. | FSIS | All original certificates delivered to a carrier in accordance with this part shall be filed separate and apart from all its other papers and records or identified in such a manner as to be readily checked by Department employees. Every certificate required to be maintained under this part shall be retained for a period of 2 years after December 31 of the year in which the transaction has occurred. | ||||||
| 9:9:2.0.2.1.24.0.7.15 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.15 Evidence of proper certification required on waybills; transfer bills, etc., for shipment by connecting carrier; forms of statement. | FSIS | [47 FR 17276, Apr. 22, 1982] | (a) All waybills, transfer bills, running slips, conductor's cards, or other papers accompanying a shipment, in the course of importation or otherwise in commerce, of any product shall have embodied therein, stamped thereon, or attached thereto a signed statement which shall be evidence to connecting carriers that the proper shipper's certificate, as required by § 325.5, § 325.6, or § 325.7, is on file with the initial carrier. No connecting carrier shall receive for transportation or transport in the course of importation or otherwise in commerce any product unless the waybill, transfer bill, running slip, conductor's card, or other papers accompanying the same includes the signed statement in the following form: (Name of transportation company) U.S. inspected and passed, as evidenced by shipper's certificate on file with initial carrier. (signed) Agent (Name of transportation company) U.S. inspected and passed, as evidenced by shipper's certificate on file with initial carrier. Agent (b) Signatures of agents to statements required under this section shall be written in full. | |||||
| 9:9:2.0.2.1.24.0.7.16 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.16 Official seals; forms, use, and breaking. | FSIS | (a) The official seals required by this part shall be those prescribed in § 312.5(a) of this subchapter. (b) Except as provided in § 325.18(b), official seal affixed under this part shall be affixed or broken only by Program employees, and no person other than a Program employee shall affix, detach, break, change, or tamper with any such seal in any way whatever. Commission of any such acts contrary to this regulation is a criminal offense. | ||||||
| 9:9:2.0.2.1.24.0.7.17 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.17 Loading or unloading products in sealed railroad cars, trucks, etc., en route prohibited; exception. | FSIS | Unloading any product from an officially sealed railroad car, truck, or other means of conveyance containing any unmarked product or loading any product or any other commodity in the means of conveyance while en route from one official establishment to another official establishment is not permitted, except that product transported under § 325.5 from one official establishment to another for further processing may be unloaded and stored in transit at any approved warehouse which is operated under the identification service provided under the regulations in part 350 of subchapter B of this chapter and which has railroad facilities or a receiving dock for unloading the product directly into such warehouse: Provided, That the product is stored in rooms which are of such size and type as will not result in adulteration or misbranding of the product: And provided further, That the product is transported to and from such warehouse, and under official seal as provided in § 325.5 and stored in such rooms at such warehouse. | ||||||
| 9:9:2.0.2.1.24.0.7.18 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.18 Diverting of shipments, breaking of seals, and reloading by carrier in emergency; reporting to Regional Director. | FSIS | [35 FR 15605, Oct. 3, 1970, as amended at 42 FR 39087, Aug. 2, 1977] | (a) Shipments of inspected and passed product that bear the inspection legend may be diverted from the original destination without a reinspection of the articles, provided the waybills, transfer bills, running slips, conductor's card, or other papers accompanying the shipments are marked, stamped, or have attached thereto signed statements in accordance with § 325.15. (b) In case of wreck or similar extraordinary emergency, the Department seals on a railroad car or other means of conveyance containing any inspected and passed product may be broken by the carrier, and if necessary, the articles may be reloaded into another means of conveyance, or the shipment may be diverted from the original destination, without another shipper's certificate; but in all such cases the carrier shall immediately report the facts by telephone or telegraph to the Regional Director in the area in which the emergency occurs. Such report shall include the following information: (1) Nature of the emergency. (2) Place where seals were broken. (3) Original points of shipment and destination. (4) Number and initial of the original car or truck. (5) Number and initials of the car or truck into which the articles are reloaded. (6) New destination of the shipment. (7) Kind and amount of articles. | |||||
| 9:9:2.0.2.1.24.0.7.19 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.19 Provisions inapplicable to specimens for laboratory examination, etc., or to naturally inedible articles. | FSIS | The provisions of this part do not apply: (a) To specimens of product sent to or by the Department of Agriculture or divisions thereof in Washington, DC, or elsewhere, for laboratory examination, exhibition purposes, or other official use; (b) To material released for educational, research and other nonfood purposes, as prescribed in § 314.9 of this subchapter; (c) To glands and organs for use in preparing pharmaceutical, organotherapeutic, or technical products and not used for human food, as described in § 318.1(g) of this subchapter; (d) To material or specimens of product for laboratory examination, research, or other nonhuman food purposes, when authorized by the Administrator, and under conditions prescribed by him in specific cases; and (e) To articles that are naturally inedible by humans, such as hoofs, horns, and hides in their natural state. | ||||||
| 9:9:2.0.2.1.24.0.7.2 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.2 Parcel post and ferries deemed carriers. | FSIS | (a) For the purposes of this subchapter, the United States parcel post shall be deemed a carrier, and the provisions of this subchapter relating to transportation by carrier shall apply, so far as they may be applicable, to transportation by parcel post. (b) For the purposes of this subchapter, the operator of every ferry shall be deemed a carrier, and the provisions of this subchapter relating to transportation by carrier shall apply to transportation by ferry of any products loaded on a truck or other vehicle, or otherwise moved by such ferry. | ||||||
| 9:9:2.0.2.1.24.0.7.20 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.20 Transportation and other transactions concerning dead, dying, disabled, or diseased livestock, and parts of carcasses of livestock that died otherwise than by slaughter. | FSIS | [35 FR 15605, Oct. 3, 1970, as amended at 42 FR 42309, Aug. 23, 1977] | No person engaged in the business of buying, selling, or transporting in commerce, or importing any dead, dying, disabled or diseased animals or parts of the carcasses of any animals that died otherwise than by slaughter shall: (a) Buy, sell, transport, or offer for sale or transportation, in commerce, or import any dead livestock if its hide or skin has been removed; (b) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any dead, dying, disabled, or diseased livestock, or parts of the carcasses of any livestock that died otherwise than by slaughter, unless such livestock and parts are consigned and delivered, without avoidable delay, to establishments of animal food manufacturers, renderers, or collection stations that are registered as required by part 320 of this subchapter, or to official establishments that operate under Federal inspection, or to establishments that operate under a State or Territorial inspection system approved by the Secretary as one that imposes requirements at least equal to the Federal requirements for purposes of paragraph 301(c) of the Act; 4 4 A list of such registrants, States, and amendments thereof, will be published in the Federal Register, and information concerning the registration status of particular animal food manufacturers, renderers, or collection stations, or the status of particular States or Territories may also be obtained from the Director, Administrative Management Staff, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. (c) Buy in commerce or import any dead, dying, disabled, or diseased livestock or parts of the carcasses of any livestock that died otherwise than by slaughter, unless he is an animal food manufacturer or renderer and is registered as required by part 320 of this subchapter, or is the operator of an establishment inspected as required by paragraph (b) of this section and such livestock or parts of carcasses are to be delivered to establishments eligible to … | |||||
| 9:9:2.0.2.1.24.0.7.21 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.21 Means of conveyance in which dead, dying, disabled, or diseased livestock and parts of carcasses thereof shall be transported. | FSIS | All vehicles and other means of conveyance used by persons subject to § 325.20 for transporting in commerce or importing, any dead, dying, disabled, and diseased livestock or parts of carcasses of livestock that died otherwise than by slaughter shall be leak-proof and so constructed and equipped as to permit thorough cleaning and sanitizing. The means of conveyance so used in conveying such livestock, or parts thereof, shall be cleaned and disinfected prior to use in the transportation of any product intended for use as human food. The cleaning procedure shall include the complete removal from the means of conveyance of any fluid, parts, or product of such dead, dying, disabled, or diseased livestock and the thorough application of a disinfectant to the interior surfaces of the cargo space. Substances permitted for such use are: (a) “Liquified phenol” (U.S.P. strength 87 percent phenol) in the proportion of at least 6 fluid ounces to 1 gallon of water. (b) “Cresylic disinfectant” in the proportion of not less than 4 fluid ounces to 1 gallon of water; and such other disinfectants as are approved by the Administrator in specific cases. The use of “cresylic disinfectant” is permitted subject to the conditions prescribed in § 71.10(b) of this title. | ||||||
| 9:9:2.0.2.1.24.0.7.3 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.3 Product transported within the United States as part of export movement. | FSIS | When any shipment of any product is offered to any carrier for transportation within the United States as a part of an export movement, the same certificate shall be required as if the shipment were destined to a point within the United States. | ||||||
| 9:9:2.0.2.1.24.0.7.4 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.4 [Reserved] | FSIS | |||||||
| 9:9:2.0.2.1.24.0.7.5 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.5 Unmarked inspected product transported under official seal between official establishments for further processing; certificate. | FSIS | (a) Any product which has been inspected and passed may be transported from one official establishment to another for further processing without each article being marked with the official inspection legend, if it is so transported in a railroad car, motortruck, or other means of conveyance which is sealed by a Program employee with an official seal of the Department prescribed in § 312.5(a) of this subchapter. Unless 25 percent or more of the contents of each car or other means of conveyance consists of product not marked with the inspection legend, transportation will not be permitted under this paragraph. (b) When articles are offered for transportation under paragraph (a) of this section, the initial carrier shall require, and the shipper shall make in duplicate and deliver to the carrier, one copy of a certificate in the following form: 1 1 For convenience in filing, it is requested that these certificates be made on paper 5 1/2 × 8 inches in size. Date ________________________, 19____ Name of carrier Establishment number of consignor Point of shipment Establishment number of consignee Destination Car number and initials License number of other means of conveyance I hereby certify that the following described product has been U.S. inspected and passed by the U.S. Department of Agriculture; and that it is not marked “U.S. inspected and passed,” but has been placed in the means of conveyance specified above under the supervision of an employee of the Meat and Poultry Inspection Programs of said Department, and the means of conveyance has been sealed by him with official U.S. Government seals Nos. ____ and ____. Kind of product Amount and weight (Signature of shipper) (Address of shipper) I hereby certify that the following described product has been U.S. inspected and passed by the U.S. Department of Agriculture; and that it is not marked “U.S. inspected and passed,” but has been placed in the means of conveyance specified above under the superv… | ||||||
| 9:9:2.0.2.1.24.0.7.6 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.6 Shipment of paunches between official establishments under official seal; certificate. | FSIS | Cattle and sheep paunches which have been made clean and from which the mucous membrane has not been removed may be transported from one official establishment to another official establishment for further processing, only under an official seal of the Department as prescribed in § 312.5(a) of this subchapter. | ||||||
| 9:9:2.0.2.1.24.0.7.7 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.7 Shipment of products requiring special supervision between official establishments under official seal; certificate. | FSIS | [35 FR 15605, Oct. 3, 1970, as amended at 39 FR 20187, June 7, 1974; 83 FR 25307, May 31, 2018] | (a) Products passed for cooking, and beef that is to be refrigerated to destroy cysticerci, may be shipped loose from one official establishment to any other official establishment, for further handling in accordance with part 318 of this subchapter, in railroad cars, trucks, or other means of conveyance sealed with the official seal of the Department as prescribed in § 325.16: Provided, That in the case of railroad cars, the receiving establishment has railroad facilities for unloading the products directly into the establishment. (b) When such restricted product is shipped from one official establishment to another official establishment in the same railroad car or other means of conveyance with other product, such restricted product shall be packed in individual closed containers as hereinafter provided. Containers shall be sealed by firmly applying a pressure sensitive tape around each container in two directions and stamping the intersection of the tape with the marking device described in § 312.2(a) of this subchapter for use on burlap, muslin, etc. (2 1/2 -inch rubber brand). Such tape must possess the adhesive property to actually remove a portion of the container surface when the tape is removed. Alternatively, an inelastic, nonmetallic strap which will retain a legible imprint of the marking device (2 1/2 -inch rubber brand) may be used. The imprint of the marking device shall be placed partially on the strap and partially on the container. Such restricted product shall be marked “U.S. passed for cooking” or “pork product ____ °F. ____days refrigeration” or “beef passed for refrigeration,” as the case may be. In addition, a “U.S. retained” tag shall be securely affixed to each container of product passed for cooking and of beef passed for refrigeration. The means of conveyance shall not be sealed unless at least 25 percent of the other product in the vehicle is unmarked. For each consignment there shall be promptly issued and forwarded by the inspector to the inspector in charge at destination, a r… | |||||
| 9:9:2.0.2.1.24.0.7.8 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.8 Transportation and other transactions concerning certain undenatured lungs or lung lobes from official establishments or in commerce; provisions and restrictions. | FSIS | [43 FR 43445, Sept. 26, 1978] | (a) Lungs or lung lobes, other than those condemned under § 310.16(b) of this subchapter, that are prepared at any official establishment, may be sold, transported, offered for sale or transportation, or received for transportation from the establishment, in commerce or otherwise, without denaturing as prescribed in § 314.1 or § 314.3 of this subchapter: Provided: (1) The lungs or lung lobes are sold, transported, or offered for sale or transportation to, or received for transportation by: An animal food manufacturer for use in manufacturing animal food; a zoo, mink farm, or other establishment for use as animal food without further processing; a warehouse in the United States for storage and subsequent movement to such a manufacturer or establishment in the United States, or from one warehouse to another for the account of and subsequent movement to such a manufacturer or establishment, or for export, for nonhuman food purposes. (2) The boxes or other containers used for shipping the undenatured lungs or lung lobes are closed with nylon filament tape, metallic on nonmetallic straps, round wire, or other similar materials that securely effect closure of such containers, and the containers are permanently identified in at least 2-inch (5 cm) high lettering with the statement “(Species) Lungs—Not Intended for Human Food.” In lieu of securely closing the immediate container with any of the above materials, a 1-inch (2.5 cm) wide bright orange band, imprinted around the length and width of the container may be used. (3) The name and place of business of the packer or distributor shall be shown on the immediate container of the product. In addition, the country of origin shall be shown on the immediate container of imported lungs or lung lobes. (b) Lungs or lung lobes, other than those condemned under a State law or regulation at least equal to § 310.16(b) of this subchapter, that are prepared at any State inspected establishment may be sold, transported, offered for sale, or transportation or received for transp… | |||||
| 9:9:2.0.2.1.24.0.7.9 | 9 | Animals and Animal Products | III | A | 325 | PART 325—TRANSPORTATION | § 325.9 [Reserved] | FSIS |
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