cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
82 rows where part_number = 327 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, chapter, subchapter, part_name, subpart, subpart_name, amendment_citations
part_number 1
- 327 · 82 ✖
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 20:20:1.0.2.9.48.0.155.1 | 20 | Employees' Benefits | II | C | 327 | PART 327—AVAILABLE FOR WORK | § 327.1 Introduction. | SSA | [55 FR 1811, Jan. 19, 1990] | The Railroad Unemployment Insurance Act provides for the payment of unemployment benefits to qualified railroad employees for days of unemployment. Under section 1(k) of the Act, an unemployed employee must be “available for work” as a condition of eligibility for unemployment benefits for any day claimed as a day of unemployment. This part defines the phrase “available for work” and explains how the Board will apply that phrase to claims for unemployment benefits. | |||||
| 20:20:1.0.2.9.48.0.155.2 | 20 | Employees' Benefits | II | C | 327 | PART 327—AVAILABLE FOR WORK | § 327.5 Meaning of “available for work”. | SSA | [Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended at 85 FR 19386, Apr. 7, 2020] | (a) General definition. A claimant for unemployment benefits is available for work if he is willing and ready to work. (b) Willing to work. A claimant is willing to work if he is willing to accept and perform for hire such work as is reasonably appropriate to his circumstances in view of factors such as: (1) The current practices recognized by management and labor with respect to such work; (2) The degree of risk involved to the claimant's health, safety, and morals; (3) His physical fitness and prior training; (4) His experience and prior earnings; (5) His length of unemployment and prospects for obtaining work; and (6) The distance of the work from his residence and from his most recent work. (c) Ready to work. A claimant is ready to work if he: (1) Is in a position to receive notice of work which he is willing to accept and perform, and (2) Is prepared to be present with the customary equipment at the location of such work within the time usually allotted. (d) Deemed available for work. During the period extending from March 1, 2020 until December 31, 2020, a claimant will be deemed to be available for work during any period for which he or she is subject to a state or local order related to the public health emergency declared effective March 1, 2020 preventing him or her from reporting to work. | |||||
| 20:20:1.0.2.9.48.0.155.3 | 20 | Employees' Benefits | II | C | 327 | PART 327—AVAILABLE FOR WORK | § 327.10 Consideration of availability. | SSA | [Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended by Board Order 55-30, 20 FR 1015, Feb. 17, 1955; 55 FR 1811, Jan. 19, 1990] | (a) Initial proof. A claimant who registers for unemployment benefits in accordance with the provisions of part 325 of this chapter shall, absent any evidence to the contrary, initially be considered available for work. Evidence that a claimant may not be available for work shall include any evidence provided by the claimant's base year employer(s) pursuant to section 5(b) of the Railroad Unemployment Insurance Act. (b) Information indicating unavailability. If the office of the Board which is adjudicating a claimant's claims for benefits receives information indicating that the claimant may not be available for work, he shall be required to submit evidence of his availability for work, and no benefits shall thereafter be paid with respect to any day in the period of the claimant's unemployment unless sufficient evidence of the claimant's availability for work on such day is presented. (c) Employee who has retired voluntarily. An employee who has retired voluntarily shall be presumed not to be eligible for unemployment benefits. An employee shall be regarded as having retired voluntarily if his not being in the active service of his employer is due to an agreement between his labor organization and his employer requiring retirement upon attaining a certain age. (d) Equivalent of full-time work. (1) A claimant who is continuously employed from week to week under a work schedule that provides the equivalent of full-time employment shall not be considered available for work with respect to any rest day or other non-work day within a 14-day registration period. (2) The application of paragraph (d) may be illustrated by the following examples: (e) Attendance in school or training course. (1) A claimant who has voluntarily left work to enroll as a student in an educational institution shall be presumed not to be available for work. For the purpose of this provision, leaving work is considered voluntary when the claimant on his or her own initiative left work that he or she could have continued to perform… | |||||
| 20:20:1.0.2.9.48.0.155.4 | 20 | Employees' Benefits | II | C | 327 | PART 327—AVAILABLE FOR WORK | § 327.15 Reasonable efforts to obtain work. | SSA | [Board Order 53-296, 18 FR 8157, Dec. 12, 1953, as amended at 55 FR 1812, Jan. 19, 1990] | (a) Requirement. A claimant may be required at any time to show, as evidence of willingness to work, that he is making reasonable efforts to obtain work which he professes to be willing to accept and perform, unless he has good prospects of obtaining such work or his circumstances are such that any efforts to obtain work other than by making application for employment service pursuant to § 325.3 of this chapter would be fruitless to the claimant. (b) Failure to comply with requirement. When the office of the Board which is adjudicating claims for benefits has information that the claimant has failed to comply with the requirements set forth in paragraph (a) of this section, no benefits shall be paid with respect to any days in the period of the claimant's unemployment unless sufficient evidence of the claimant's availability for work on such days is presented. (c) What constitutes reasonable efforts. A claimant shall be considered as making reasonable efforts to obtain work when he takes such steps toward obtaining work as are appropriate to his circumstances. In determining what steps are appropriate to a claimant's circumstances, consideration shall be given to actions such as: (1) Registering with a union hiring or placement facility; (2) Applying for employment with former employers; (3) Making application with employers including individuals and companies not covered by the act, who may reasonably be expected to have openings in work suitable for him; (4) Responding to appropriate “want ads” for work which appears suitable for him; (5) Actively prosecuting his claim for reinstatement in his former work; (6) Any other action reasonably directed toward obtaining work. | |||||
| 33:33:3.0.1.1.21.0.1.1 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.1 Purpose. | USACE | This regulation prescribes the policy, practice and procedures to be followed by the U.S. Army Corps of Engineers in the conduct of public hearings conducted in the evaluation of a proposed DA permit action or Federal project as defined in § 327.3 of this part including those held pursuant to section 404 of the Clean Water Act (33 U.S.C. 1344) and section 103 of the Marine Protection, Research and Sanctuaries Act (MPRSA), as amended (33 U.S.C. 1413). | |||||||
| 33:33:3.0.1.1.21.0.1.10 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.10 Authority of the presiding officer. | USACE | Presiding officers shall have the following authority: (a) To regulate the course of the hearing including the order of all sessions and the scheduling thereof, after any initial session, and the recessing, reconvening, and adjournment thereof; and (b) To take any other action necessary or appropriate to the discharge of the duties vested in them, consistent with the statutory or other authority under which the Chief of Engineers functions, and with the policies and directives of the Chief of Engineers and the Secretary of the Army. | |||||||
| 33:33:3.0.1.1.21.0.1.11 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.11 Public notice. | USACE | (a) Public notice shall be given of any public hearing to be held pursuant to this regulation. Such notice should normally provide for a period of not less than 30 days following the date of public notice during which time interested parties may prepare themselves for the hearing. Notice shall also be given to all Federal agencies affected by the proposed action, and to state and local agencies and other parties having an interest in the subject matter of the hearing. Notice shall be sent to all persons requesting a hearing and shall be posted in appropriate government buildings and provided to newspapers of general circulation for publication. 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. (b) The notice shall contain time, place, and nature of hearing; the legal authority and jurisdiction under which the hearing is held; and location of and availability of the draft environmental impact statement or environmental assessment. | |||||||
| 33:33:3.0.1.1.21.0.1.2 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.2 Applicability. | USACE | This regulation is applicable to all divisions and districts responsible for the conduct of public hearings. | |||||||
| 33:33:3.0.1.1.21.0.1.3 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.3 Definitions. | USACE | (a) Public hearing means a public proceeding conducted for the purpose of acquiring information or evidence which will be considered in evaluating a proposed DA permit action, or Federal project, and which affords the public an opportunity to present their views, opinions, and information on such permit actions or Federal projects. (b) Permit action, as used herein means the evaluation of and decision on an application for a DA permit pursuant to sections 9 or 10 of the Rivers and Harbors Act of 1899, section 404 of the Clean Water Act, or section 103 of the MPRSA, as amended, or the modification, suspension or revocation of any DA permit (see 33 CFR 325.7). (c) Federal project means a Corps of Engineers project (work or activity of any nature for any purpose which is to be performed by the Chief of Engineers pursuant to Congressional authorizations) involving the discharge of dredged or fill material into waters of the United States or the transportation of dredged material for the purpose of dumping it in ocean waters subject to section 404 of the Clean Water Act, or section 103 of the MPRSA. | |||||||
| 33:33:3.0.1.1.21.0.1.4 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.4 General policies. | USACE | (a) A public hearing will be held in connection with the consideration of a DA permit application or a Federal project whenever a public hearing is needed for making a decision on such permit application or Federal project. In addition, a public hearing may be held when it is proposed to modify or revoke a permit. (See 33 CFR 325.7). (b) Unless the public notice specifies that a public hearing will be held, any person may request, in writing, within the comment period specified in the public notice on a DA permit application or on a Federal project, that a public hearing be held to consider the material matters at issue in the permit application or with respect to Federal project. Upon receipt of any such request, stating with particularity the reasons for holding a public hearing, the district engineer may expeditiously attempt to resolve the issues informally. Otherwise, he shall promptly set a time and place for the public hearing, and give due notice thereof, as prescribed in § 327.11 of this part. Requests for a public hearing under this paragraph shall be granted, unless the district engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. The district engineer will make such a determination in writing, and communicate his reasons therefor to all requesting parties. 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. (c) In case of doubt, a public hearing shall be held. HQDA has the discretionary power to require hearings in any case. (d) In fixing the time and place for a hearing, the convenience and necessity of the interested public will be duly considered. | |||||||
| 33:33:3.0.1.1.21.0.1.5 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.5 Presiding officer. | USACE | (a) The district engineer, in whose district a matter arises, shall normally serve as the presiding officer. When the district engineer is unable to serve, he may designate the deputy district engineer or other qualified person as presiding officer. In cases of unusual interest, the Chief of Engineers or the division engineer may appoint such person as he deems appropriate to serve as the presiding officer. (b) The presiding officer shall include in the administrative record of the permit action the request or requests for the hearing and any data or material submitted in justification thereof, materials submitted in opposition to or in support of the proposed action, the hearing transcript, and such other material as may be relevant or pertinent to the subject matter of the hearing. The administrative record shall be available for public inspection with the exception of material exempt from disclosure under the Freedom of Information Act. | |||||||
| 33:33:3.0.1.1.21.0.1.6 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.6 Legal adviser. | USACE | At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may waive the requirement for a legal advisor to be present. | |||||||
| 33:33:3.0.1.1.21.0.1.7 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.7 Representation. | USACE | At the public hearing, any person may appear on his own behalf, or may be represented by counsel, or by other representatives. | |||||||
| 33:33:3.0.1.1.21.0.1.8 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.8 Conduct of hearings. | USACE | (a) The presiding officer shall make an opening statement outlining the purpose of the hearing and prescribing the general procedures to be followed. (b) Hearings shall be conducted by the presiding officer in an orderly but expeditious manner. Any person shall be permitted to submit oral or written statements concerning the subject matter of the hearing, to call witnesses who may present oral or written statements, and to present recommendations as to an appropriate decision. Any person may present written statements for the hearing record prior to the time the hearing record is closed to public submissions, and may present proposed findings and recommendations. The presiding officer shall afford participants a reasonable opportunity for rebuttal. (c) The presiding officer shall have discretion to establish reasonable limits upon the time allowed for statements of witnesses, for arguments of parties or their counsel or representatives, and upon the number of rebuttals. (d) Cross-examination of witnesses shall not be permitted. (e) All public hearings shall be reported verbatim. Copies of the transcripts of proceedings may be purchased by any person from the Corps of Engineers or the reporter of such hearing. A copy will be available for public inspection at the office of the appropriate district engineer. (f) All written statements, charts, tabulations, and similar data offered in evidence at the hearing shall, subject to exclusion by the presiding officer for reasons of redundancy, be received in evidence and shall constitute a part of the record. (g) The presiding officer shall allow a period of not less than 10 days after the close of the public hearing for submission of written comments. (h) In appropriate cases, the district engineer may participate in joint public hearings with other Federal or state agencies, provided the procedures of those hearings meet the requirements of this regulation. In those cases in which the other Federal or state agency allows a cross-examination in its public hearing, … | |||||||
| 33:33:3.0.1.1.21.0.1.9 | 33 | Navigation and Navigable Waters | II | 327 | PART 327—PUBLIC HEARINGS | § 327.9 Filing of the transcript of the public hearing. | USACE | Where the presiding officer is the initial action authority, the transcript of the public hearing, together with all evidence introduced at the public hearing, shall be made a part of the administrative record of the permit action or Federal project. The initial action authority shall fully consider the matters discussed at the public hearing in arriving at his initial decision or recommendation and shall address, in his decision or recommendation, all substantial and valid issues presented at the hearing. Where a person other than the initial action authority serves as presiding officer, such person shall forward the transcript of the public hearing and all evidence received in connection therewith to the initial action authority together with a report summarizing the issues covered at the hearing. The report of the presiding officer and the transcript of the public hearing and evidence submitted thereat shall in such cases be fully considered by the initial action authority in making his decision or recommendation to higher authority as to such permit action or Federal project. | |||||||
| 44:44:1.0.1.6.75.0.10.1 | 44 | Emergency Management and Assistance | I | F | 327 | PART 327—POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) | § 327.1 Purpose. | FEMA | This part establishes policy on the use by private industry of Government-owned industrial plant equipment. This policy is necessary to maintain a highly effective and immediately available reserve of such equipment for the emergency preparedness programs of the U.S. Government. | ||||||
| 44:44:1.0.1.6.75.0.10.2 | 44 | Emergency Management and Assistance | I | F | 327 | PART 327—POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) | § 327.2 Scope and applicability. | FEMA | (a) This part applies to all Federal departments and agencies having, for purposes of mobilization readiness, Government-owned industrial plant equipment under their jurisdiction or control and having emergency preparedness functions assigned by Executive orders concerning use of that equipment. (b) As used herein, industrial plant equipment means those items of equipment, each with an acquisition cost of $1,000 or more, that fall within specified classes of equipment listed in DOD regulations. Classes of equipment may from time to time be added to or deleted from this list. | ||||||
| 44:44:1.0.1.6.75.0.10.3 | 44 | Emergency Management and Assistance | I | F | 327 | PART 327—POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) | § 327.3 Policy. | FEMA | (a) General. (1) Primary reliance for defense production shall be placed upon private industry. (2) When it is determined by an agency that, because of the lack of specific industrial plant equipment, private industry of the United States cannot be relied upon for needed Government production, that agency may provide to private industry such Government-owned industrial plant equipment as is deemed necessary to ensure required production capability. Requirements for such equipment should be reviewed at least annually to ascertain the continuing need, particularly with a view toward private industry furnishing the equipment for long term requirements. (3) When it is necessary for Federal agencies to supply Government-owned industrial plant equipment to private industry, these agencies will maintain uniformity and fairness in the arrangements for the use of this equipment by following regulations for the use of such equipment as developed and published by the Secretary of Defense pursuant to section 809 of Public Law 93-155. The regulations to be developed by the Secretary of Defense shall be in consonance with this order. These regulations will attempt to ensure that no Government contractor is afforded an advantage over his competitors and that Government-owned industrial plant equipment is maintained properly and kept immediately available for the emergency preparedness needs of the United States. (b) Interagency use of idle equipment. In any instances in which a Government contractor cannot meet Government production schedules because necessary industrial plant equipment is not available from private industry or from the contracting Federal department or agency, idle industrial plant equipment under the control of other Federal agencies may be made available for this purpose through existing authorities on a transfer, loan, or replacement basis by interagency agreement. (c) Availability of equipment for emergency use. Government-owned industrial plant equipment may be provided by controlling agencies f… | ||||||
| 44:44:1.0.1.6.75.0.10.4 | 44 | Emergency Management and Assistance | I | F | 327 | PART 327—POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) | § 327.4 Disputes. | FEMA | In the event of an interagency dispute about the regulations developed by the Department of Defense in accordance with this order, the Administrator, Federal Emergency Management Agency, shall adjudicate. | ||||||
| 44:44:1.0.1.6.75.0.10.5 | 44 | Emergency Management and Assistance | I | F | 327 | PART 327—POLICY ON USE OF GOVERNMENT-OWNED INDUSTRIAL PLANT EQUIPMENT BY PRIVATE INDUSTRY (DMO-10A) | § 327.5 Reports. | FEMA | Such reports of operations under this order as may be required by the Federal Emergency Management Agency, shall be submitted to the Administrator. | ||||||
| 46:46:8.0.1.9.27.1.12.1 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.1 Purpose. | FMC | This part prescribes rules and regulations pertaining to the filing of claims designated in § 327.3 and the administrative allowance, or disallowance (actual and presumed), of such claims, in whole or in part, filed by officers and members of crews (hereafter referred to as “seamen”) employed on vessels as employees of the United States through the National Shipping Authority (NSA), Maritime Administration (MarAd), or successor. | ||||
| 46:46:8.0.1.9.27.1.12.2 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.2 Statutory provisions. | FMC | These regulations are enacted to implement the administrative claims procedures set forth in 50 U.S.C. App. 1291(a). | ||||
| 46:46:8.0.1.9.27.1.12.3 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.3 Required claims submission. | FMC | All claims specified in 50 U.S.C. App. 1291(a) shall be submitted for administrative consideration, as provided in §§ 327.4 and 327.5, prior to institution of court action thereon. | ||||
| 46:46:8.0.1.9.27.1.12.4 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.4 Claim requirements. | FMC | (a) Form. The claim may be in any form and shall be (1) In writing, (2) Designated as a claim, (3) Disclose that the object sought is the administrative allowance of the claim, (4) Comply with the requirements of this part, and (5) Filed as provided in § 327.5. (6) The claim must be signed or attested to by the claimant. The statements made in the claim should be made to the best of the knowledge of the claimant and are subject to the provision of 18 U.S.C. 287 and 1001 and all other penalty provisions for making false, fictitious, or fraudulent claims, statements or entries, or falsifying, concealing, or covering up a material fact in any matter within the jurisdiction of any department or agency of the United States. Any lawsuits filed contrary to the provisions of section 5 of the Suits in Admiralty Act, as amended by Public Law 877, 81st Congress (64 Stat. 1112; 46 U.S.C. 30901 et seq. ), shall not be in compliance with the requirements of this part. (b) Contents. Each claim shall include the following information: (1) With respect to the seaman: (i) Name; (ii) Mailing address; (iii) Date of birth; (iv) Legal residence address; (v) Place of birth; and (vi) Merchant mariner license or document number and social security number. (2) With respect to the basis for the claim: (i) Name of vessel on which the seaman was serving when the incident occurred that is the basis for the claim; (ii) Place where the incident occurred; (iii) Time of incident—year, month and day, and the precise time of day, to the minute, where possible; (iv) Narrative of the facts and circumstances surrounding the incident, including a statement explaining why the United States is liable for this claim; (v) Pictures, video recordings and other physical evidence related to the case and (vi) The names, addresses, and telephone numbers, if available, of others who can supply factual information about the incident and its consequences. (3) A sum certain dollar amount of claim, which includes a total for all amounts sou… | ||||
| 46:46:8.0.1.9.27.1.12.5 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.5 Filing claims. | FMC | (a) Claims may be filed by or on behalf of seamen or their surviving dependents or beneficiaries, or by their legal representatives. Claims shall be filed either by personal delivery or by registered mail. (b) The claimant shall send the claim directly to the Chief, Division of Marine Insurance, Maritime Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. A copy of each claim shall be filed with the Ship Manager or General Agent of the vessel with respect to which such claim arose. | ||||
| 46:46:8.0.1.9.27.1.12.6 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.6 Notice of allowance or disallowance. | FMC | MarAd shall give prompt notice in writing of the allowance or disallowance of each claim, in whole or in part, by mail to the last known address of, or by personal delivery to, the claimant or the claimant's legal representative. In the case of administrative disallowance, in whole or in part, such notice shall contain a brief statement of the reason for such disallowance. | ||||
| 46:46:8.0.1.9.27.1.12.7 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.7 Administrative disallowance presumption. | FMC | If MarAd fails to give written notice of allowance or disallowance of a claim in accordance with § 327.6 within sixty (60) calendar days following the date of the receipt of such claim by the proper person designated in § 327.5, such claim shall be presumed to have been “administratively disallowed,” within the meaning in section 1(a) of 50 U.S.C. App. 1291(a). | ||||
| 46:46:8.0.1.9.27.1.12.8 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | A | Subpart A—Clarification Act Claims: Seamen's Claims; Administrative Action and Litigation. | § 327.8 Court action. | FMC | (a) No seamen, having a claim specified in subsections (2) and (3) of section 1(a) of 50 U.S.C. App. 1291(a), their surviving dependents and beneficiaries, or their legal representatives shall institute a court action for the enforcement of such claim unless such claim shall have been prepared and filed in accordance with §§ 327.4 and 327.5 and shall have been administratively disallowed in accordance with § 327.6 or § 327.7. (b) This part prescribes rules and regulations pertaining to the filing of claims designated in § 327.3 and the administrative allowance, or disallowance (actual and presumed), of such claims, in whole or in part, filed by officers and members of crews (hereafter referred to as “seamen”) employed on vessels through the National Shipping Authority (NSA), Maritime Administration (MarAd), or successor organization. | ||||
| 46:46:8.0.1.9.27.2.12.1 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.20 Admiralty Jurisdiction Extension Claims: Required claims. | FMC | (a) Pursuant to 46 U.S.C. 30101(c) of the Admiralty Extension Act (AEA), administrative claims involving the extension of admiralty jurisdiction to cases of damage or injury on land caused by a Maritime Administration vessel on navigable waters must be presented in writing to the Maritime Administration in accordance with §§ 327.20 through 327.34 prior to institution of a court action thereon. (b) A civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters may not be brought until the earlier occurrence of either the denial of the claim by the Maritime Administration or the presumptive denial of the claim which arises 6 months after the claim has been presented in writing to the Maritime Administration. 46 U.S.C. 30101(c)(2). Note that the 6 month period of review will not begin until a valid claim is filed pursuant to § 327.25. (c) Proceedings against the United States pursuant to the requirements of the AEA and these regulations is the exclusive remedy available against the United States of America, acting by and through the Maritime Administration, with respect to such injuries and damages. | ||||
| 46:46:8.0.1.9.27.2.12.10 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.29 Effect of other payments to claimant. | FMC | The total amount to which the claimant may be entitled is normally computed as follows: (a) The total amount of the loss, damage, or personal injury suffered for which the United States is liable, less any payment the claimant has received from the following sources: (1) The military member or civilian employee who caused the incident; (2) The military member's or civilian employee's insurer; and (3) Any joint tort-feasor or insurer. (b) No deduction is generally made for any payment the claimant has received by way of voluntary contributions, such as donations of charitable organizations. | ||||
| 46:46:8.0.1.9.27.2.12.11 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.30 Statute of limitations for AEA and claim requirements. | FMC | A civil suit must be filed within two years of the Accrual Date. No civil suit may be brought until the earlier occurrence of either the denial of a claim or the presumptive denial of the claim after 6 months from the date the claim was properly presented in writing to the Maritime Administration. | ||||
| 46:46:8.0.1.9.27.2.12.12 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.31 Statute of limitations not tolled by administrative consideration of claims. | FMC | The statute of limitations for filing a civil action under 46 U.S.C. 30101(b) is not tolled by MarAd's administrative consideration of a claim. | ||||
| 46:46:8.0.1.9.27.2.12.13 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.32 Notice of claim acceptance or denial. | FMC | The Maritime Administration shall give prompt notice in writing of the acceptance or denial of each claim in whole or in part, by mail to the last known address of, or by personal delivery to, the claimant or the claimant's legal representative. In the case of denial, such notice shall contain a brief statement of the reason for such a denial. | ||||
| 46:46:8.0.1.9.27.2.12.14 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.33 Claim denial presumption. | FMC | If the Maritime Administration fails to give written notice of acceptance or denial of a claim in accordance with § 327.30 within 6 months following the date of receipt of such a claim by the proper person designated in § 327.24(b), such claim shall be presumed to have been denied by the Maritime Administration. | ||||
| 46:46:8.0.1.9.27.2.12.15 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.34 Court action. | FMC | No person, surviving dependent or beneficiary, or legal representative, having a claim specified under 46 U.S.C. 30101(a) against the Maritime Administration, shall institute a court action against the Maritime Administration unless an administrative claim has previously been properly presented and filed in accordance with §§ 327.22, 327.23, and 327.24, and such administrative claim has been subsequently denied in accordance with § 327.32 or § 327.33. | ||||
| 46:46:8.0.1.9.27.2.12.2 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.21 Definitions. | FMC | The following definitions apply to this subpart: (a) Accrual date. The day on which the alleged wrongful act or omission results in injury or damage for which a claim is made. (b) Claim. A written notification of an incident, signed by the claimant, describing the incident and explaining why the United States is liable. The claim shall be accompanied by a demand for the payment of a sum certain of money, with a statement as to how that sum certain was calculated and all documents supporting the amount claimed. Where damages for medical injuries are made, the doctor's statement relating the injuries to the accident should be attached as well as medical release forms for each treating physician, hospital, and medical care provider. | ||||
| 46:46:8.0.1.9.27.2.12.3 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.22 Who may present claims. | FMC | (a) General rules. (1) A claim for property loss or damage may be presented by anyone having an interest in the property, including an insurer or other subrogee. (2) A claim for personal injury may be presented by the person injured. (3) A claim based on death may be presented by the executor or administrator of the decedent's estate, or any other person legally entitled to assert such a claim under local law. The claimant's status must be stated in the claim. (4) A claim for medical, hospital, or burial expenses may be presented by any person who by reason of family relationship has, in fact, incurred the expenses. (b) A joint claim must be presented in the names of and signed by, the joint claimants, and the settlement will be made payable to the joint claimants. (c) A claim may be presented by a duly authorized agent, legal representative or survivor, if it is presented in the name of the claimant. If the claim is not signed by the claimant, the agent, legal representative, or survivor shall indicate their title or legal capacity and provide evidence of their authority to present the claim. (d) Where the same claimant has a claim for damage to or loss of property and a claim for personal injury or a claim based on death arising out of the same incident, they must be combined in one claim. | ||||
| 46:46:8.0.1.9.27.2.12.4 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.23 Insurance and other subrogated claims. | FMC | (a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim. (b) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer. (c) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including: (1) The names and addresses of all insurers; (2) The kind and amount of insurance; (3) The policy number; (4) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made. (d) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The Maritime Administration makes an independent determination on the issues of fact and law based upon the evidence of record. | ||||
| 46:46:8.0.1.9.27.2.12.5 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.24 Actions by claimant. | FMC | (a) Form of claim. The claim must meet the requirements of this section. (b) Presentation. The claim must be presented in writing to the Office of Chief Counsel, Attn. Chief Counsel, Maritime Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001. | ||||
| 46:46:8.0.1.9.27.2.12.6 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.25 Contents of a claim. | FMC | (a) A valid claim will contain the following: (1) Identification of the Maritime Administration as the agency whose act or omission gave rise to the claim; (2) The full name and mailing address of the claimant. If this mailing address is not claimant's residence, the claimant shall also include residence address; (3) The date, time, and place of the incident giving rise to the claim; (4) The amount claimed, in a sum certain, supported by independent evidence of property damage or loss, personal injury, or death, as applicable together with supporting medical records and a HIPPA compliant medical waiver for each treating physician or hospital; (5) A detailed description of the incident giving rise to the claim and the factual basis upon which it is claimed the Maritime Administration is liable for the claim; (6) A description of any property damage or loss, including the identity of the owner, if other than the claimant, as applicable; (7) The nature and extent of the injury, as applicable; (8) The full name, title, if any, and address of any witness to the incident and a brief statement of the witness' knowledge of the incident; (9) A description of any insurance carried by the claimant or owner of the property and the status of any insurance claim arising from the incident; and (10) An agreement by the claimant to accept the total amount claimed in full satisfaction and final settlement of the claim, lien or subrogation claim on the claimed amount, or any assignment of the claim. (b) A claimant or duly authorized agent or legal representative must sign in ink a claim and any amendment to that claim. The claim shall include a statement that the information provided is true and correct to the best of the claimant's knowledge, information, and belief. If the person's signature does not include the first name, middle initial, if any, and surname, that information must be included in the claim. A married woman must sign her claim in her given name, e.g., “Mary A. Doe,” rather than “Mrs. John Doe.” | ||||
| 46:46:8.0.1.9.27.2.12.7 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.26 Evidence supporting a claim. | FMC | (a) The claimant shall present any evidence in the claimant's possession that supports the claim. This evidence shall include, if available, statements of witnesses, accident or casualty reports, photographs and drawings. (b) Notwithstanding anything in the regulations in this subpart, the claimant shall provide such additional reasonable documents and evidence as requested by the Maritime Administration with respect to the claim. Failure to respond to reasonable requests for additional information and documentation can result in a determination that a valid claim has not been submitted. | ||||
| 46:46:8.0.1.9.27.2.12.8 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.27 Proof of amount claimed for personal injury. | FMC | The following evidence must be presented when appropriate in claims: (a) Itemized medical, hospital, and burial bills. (b) A written report by the attending physician including: (1) The nature and extent of the injury and the treatment; (2) The necessity and reasonableness of the various medical expenses incurred; (3) Duration of time injuries prevented or limited employment; (4) Past, present, and future limitations on employment; (5) Duration and extent of pain and suffering and of any disability or physical disfigurement; (6) A current prognosis; (7) Any anticipated medical expenses; (8) Any past medical history of the claimant relevant to the particular injury alleged; and (9) If required by the Maritime Administration, an examination by an independent medical facility or physician to provide independent medical evidence against which to evaluate the written report of the claimant's physician. The Maritime Administration determines the need for this examination, makes mutually convenient arrangements for such an examination, and bears the costs thereof. (c) All hospital records or other medical documents from either this injury or any relevant past injury. (d) If the claimant is employed, a written statement by the claimant's employer certifying the claimant's: (1) Age; (2) Occupation; (3) Hours of employment; (4) Hourly rate of pay or weekly salary; (5) Time lost from work as a result of the incident; and (6) Claimant's actual period of employment, full-time or part-time, and any effect of the injury upon such employment to support claims for lost earnings. (e) If the claimant is self-employed, written statements, or other evidence showing: (1) The amount of earnings actually lost; and (2) The Federal tax return if filed for the three previous years. (f) If the claim arises out of injuries to a person providing services to the claimant, statement of the cost necessarily incurred to replace the services to which claimant is entitled under law. | ||||
| 46:46:8.0.1.9.27.2.12.9 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | B | Subpart B—Admiralty Extension Act Claims; Administrative Action and Litigation | § 327.28 Proof of amount claimed for loss of, or damage to, property. | FMC | The following evidence must be presented when appropriate: (a) For each particular lost item, evidence of its value such as a bill of sale and a written appraisal, or two written appraisals, from separate disinterested dealers or brokers, market quotations, commercial catalogs, or other evidence of the price at which like property can be obtained in the community. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any appraisal may be included as an element of damage if not deductible from any bill submitted to claimant. (b) For each particular damaged item which can be economically repaired, evidence of cost of repairs such as a receipted bill and one estimate, or two estimates, from separate disinterested repairmen. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any estimate may be included as an element of damage if not deductible from any repair bill submitted to claimant. (c) For any claim for property damage which may result in payment in excess of $20,000.00, a survey or appraisal shall be performed as soon as practicable after the damage accrues, and, unless waived in writing, shall be performed jointly with a government representative. (d) If the item is so severely damaged that it cannot be economically repaired or used, it shall be treated as a lost item. (e) If a claim includes loss of earnings or use during repairs to the damaged property, the following must also be furnished and supported by competent evidence: (1) The date the property was damaged; (2) The name and location of the repair facility; (3) The beginning and ending dates of repairs and an explanation of any delay between the date of damage and the beginning date; (4) A complete description of all repairs performed, segregating any work performed for the owner's account and not attributable to the incident involved, and the costs thereof; (5) The date and place the property was returned to service after completio… | ||||
| 46:46:8.0.1.9.27.3.12.1 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.40 Other Admiralty claims. | FMC | (a) Admiralty claims caused by United States owned and operated vessels on navigable waters or otherwise that are not covered under the Clarification Act (50 U.S.C. app. 1291(a)), the Admiralty Extension Act (46 U.S.C. 30101) or the Contracts Disputes Act (41 U.S.C. 601 et. seq. ) may be filed with the Maritime Administration in accordance with §§ 327.40 through 327.52. (b) A civil action against the United States for admiralty claims caused by United States owned and operated vessels on navigable waters or otherwise that are not covered under the Clarification Act (50 U.S.C. App. 1291(a)), the Admiralty Extension Act (46 U.S.C. 30101) or the Contracts Disputes Act (41 U.S.C. 601 et. seq. ) may be brought without the filing of an administrative claim. This Part III sets forth the optional procedure for filing such claims with the Maritime Administration in advance of litigation. Once litigation is filed, the authority to handle such claims is vested with the Justice Department, not the agency. (c) Proceeding against the United States pursuant to the requirements this Part III is not a requirement for filing suit against the United States of America, acting by and through the Maritime Administration, with respect to such admiralty claims. | ||||
| 46:46:8.0.1.9.27.3.12.10 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.49 Effect of other payments to claimant. | FMC | The total amount to which the claimant may be entitled is normally computed as follows: (a) The total amount of the loss, damage, or personal injury suffered for which the United States is liable, less any payment the claimant has received from the following sources: (1) The military member or civilian employee who caused the incident; (2) The military member's or civilian employee's insurer; and (3) Any joint tort-feasor or insurer. (b) No deduction is generally made for any payment the claimant has received by way of voluntary contributions, such as donations of charitable organizations. | ||||
| 46:46:8.0.1.9.27.3.12.11 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.50 Statute of limitations for other admiralty claims and claim requirements. | FMC | A civil suit must be filed within the statute of limitations of the specific admiralty claim. The start date for such statute of limitations determinations shall be the Accrual Date. | ||||
| 46:46:8.0.1.9.27.3.12.12 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.51 Statute of limitations not tolled by administrative consideration of claims. | FMC | The statute of limitations for filing a civil action under 46 U.S.C. 30101(b) is not tolled by the Maritime Administration's administrative consideration of a claim. | ||||
| 46:46:8.0.1.9.27.3.12.13 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.52 Notice of claim acceptance or denial. | FMC | The Maritime Administration shall give prompt notice in writing of the acceptance or denial of each claim in whole or in part, by mail to the last known address of, or by personal delivery to, the claimant or the claimant's legal representative. In the case of denial, such notice shall contain a brief statement of the reason for such a denial. | ||||
| 46:46:8.0.1.9.27.3.12.2 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.41 Definitions. | FMC | The following definitions apply to this subpart: (a) Accrual date. The day on which the alleged wrongful act or omission results in injury or damage for which a claim is made. (b) Claim. A written notification of an incident, signed by the claimant, describing the incident and explaining why the United States is liable. The claim shall be accompanied by a demand for the payment of a sum certain of money, with a statement as to how that sum certain was calculated and all documents supporting the amount claimed. Where damages for medical injuries are made, the doctor's statement relating the injuries to the accident should be attached as well as medical release forms for each treating physician, hospital, and medical care provider. | ||||
| 46:46:8.0.1.9.27.3.12.3 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.42 Who may present claims. | FMC | (a) General rules. (1) A claim for property loss or damage may be presented by anyone having an interest in the property, including an insurer or other subrogee. (2) A claim for personal injury may be presented by the person injured. (3) A claim based on death may be presented by the executor or administrator of the decedent's estate, or any other person legally entitled to assert such a claim under local law. The claimant's status must be stated in the claim. (4) A claim for medical, hospital, or burial expenses may be presented by any person who by reason of family relationship has, in fact, incurred the expenses. (5) A joint claim must be presented in the names of and signed by, the joint claimants, and the settlement must be made payable to the joint claimants. (b) A claim may be presented by a duly authorized agent, legal representative or survivor, if it is presented in the name of the claimant. If the claim is not signed by the claimant, the agent, legal representative, or survivor shall indicate their title or legal capacity and provide evidence of their authority to present the claim. (c) Where the same claimant has a claim for damage to or loss of property and a claim for personal injury or a claim based on death arising out of the same incident, they must be combined in one claim. | ||||
| 46:46:8.0.1.9.27.3.12.4 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.43 Insurance and other subrogated claims. | FMC | (a) The claims of an insured (subrogor) and an insurer (subrogee) for damages arising out of the same incident constitute a single claim. (b) An insured (subrogor) and an insurer (subrogee) may file a claim jointly or separately. If the insurer has fully reimbursed the insured, payment will only be made to the insurer. If separate claims are filed, the settlement will be made payable to each claimant to the extent of that claimant's undisputed interest. If joint claims are filed, the settlement will be sent to the insurer. (c) Each claimant shall include with a claim, a written disclosure concerning insurance coverage including: (1) The names and addresses of all insurers; (2) The kind and amount of insurance; (3) The policy number; and (4) Whether a claim has been or will be presented to an insurer, and, if so, the amount of that claim; and whether the insurer has paid the claim in whole or in part, or has indicated payment will be made. (d) Each subrogee shall substantiate an interest or right to file a claim by appropriate documentary evidence and shall support the claim as to liability and measure of damages in the same manner as required of any other claimant. Documentary evidence of payment to a subrogor does not constitute evidence of liability of the United States or conclusive evidence of the amount of damages. The Maritime Administration makes an independent determination on the issues of fact and law based upon the evidence of record. | ||||
| 46:46:8.0.1.9.27.3.12.5 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.44 Actions by claimant. | FMC | (a) Form of claim. The claim should meet the requirements of § 327.44. (b) Presentation. The claim must be presented in writing to the Office of Chief Counsel, Attn: Chief Counsel, Maritime Administration, Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001. | ||||
| 46:46:8.0.1.9.27.3.12.6 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.45 Contents of a claim. | FMC | (a) A properly filed claim shall include the following, however, any of the following requirements may be waived by the Maritime Administration: (1) Identification of the Maritime Administration as the agency whose act or omission gave rise to the claim; (2) The full name and mailing address of the claimant. If this mailing address is not claimant's residence, the claimant shall also include residence address; (3) The date, time, and place of the incident giving rise to the claim; (4) The amount claimed, in a sum certain, supported by independent evidence of property damage or loss, personal injury, or death, as applicable together with supporting medical records and a HIPPA compliant medical waiver for each treating physician, hospital, or medical provider; (5) A detailed description of the incident giving rise to the claim and the factual basis upon which it is claimed the United States is liable for the claim; (6) A description of any property damage or loss, including the identity of the owner, if other than the claimant, as applicable; (7) The nature and extent of the injury, as applicable; (8) The full name, title, if any, and address of any witness to the incident and a brief statement of the witness' knowledge of the incident; (9) A description of any insurance carried by the claimant or owner of the property and the status of any insurance claim arising from the incident; and (10) An agreement by the claimant to accept the total amount claimed in full satisfaction and final settlement of the claim, lien, or subrogation claim on the claimed amount, or any assignment of the claim. (b) A claimant or duly authorized agent or legal representative must sign in ink a claim and any amendment to that claim. The claim shall include a statement that the information provided is true and correct to the best of the claimant's knowledge, information, and belief. If the person's signature does not include the first name, middle initial, if any, and surname, that information must be included in the claim. A ma… | ||||
| 46:46:8.0.1.9.27.3.12.7 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.46 Evidence supporting a claim. | FMC | (a) The claimant should present any evidence in the claimant's possession that supports the claim. This evidence shall include, if available, statements of witnesses, accident or casualty reports, photographs and drawings. (b) Notwithstanding anything in the regulations in this subpart, the claimant shall provide such additional documents and evidence as requested by the Maritime Administration with respect to the claim. Failure to respond to reasonable requests for additional information and documentation can result in a determination that a proper claim has not been submitted. | ||||
| 46:46:8.0.1.9.27.3.12.8 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.47 Proof of amount claimed for personal injury. | FMC | The following evidence must be presented when appropriate in claims: (a) Itemized medical, hospital, and burial bills. (b) A written report by the attending physician including: (1) The nature and extent of the injury and the treatment; (2) The necessity and reasonableness of the various medical expenses incurred; (3) Duration of time injuries prevented or limited employment; (4) Past, present, and future limitations on employment; (5) Duration and extent of pain and suffering and of any disability or physical disfigurement; (6) A current prognosis; (7) Any anticipated medical expenses; (8) Any past medical history of the claimant relevant to the particular injury alleged; and (9) At the request of the Maritime Administration, an examination by an independent medical facility or physician may be required to provide independent medical evidence against which to evaluate the written report of the claimant's physician. The Maritime Administration determines the need for this examination, makes mutually convenient arrangements for such an examination, and bears the costs thereof. (c) All hospital records or other medical documents from either this injury or any relevant past injury. (d) If the claimant is employed, a written statement by the claimant's employer certifying the claimant's: (1) Age; (2) Occupation; (3) Hours of employment; (4) Hourly rate of pay or weekly salary; (5) Time lost from work as a result of the incident; and (6) Claimant's actual period of employment, full-time or part-time, and any effect of the injury upon such employment to support claims for lost earnings. (e) If the claimant is self-employed, written statements, or other evidence showing: (1) The amount of earnings actually lost, and (2) The Federal tax return, if filed, for the three previous years. (f) If the claim arises out of injuries to a person providing services to the claimant, statement of the cost necessarily incurred to replace the services to which claimant is entitled under law. | ||||
| 46:46:8.0.1.9.27.3.12.9 | 46 | Shipping | II | I-A | 327 | PART 327—SEAMEN'S CLAIMS; ADMINISTRATIVE ACTION AND LITIGATION | C | Subpart C—Other Admiralty Claims | § 327.48 Proof of amount claimed for loss of, or damage to, property. | FMC | The following evidence should be presented when appropriate: (a) For each particular lost item, evidence of its value such as a bill of sale and a written appraisal, or two written appraisals, from separate disinterested dealers or brokers, market quotations, commercial catalogs, or other evidence of the price at which like property can be obtained in the community. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any appraisal may be included as an element of damage if not deductible from any bill submitted to claimant. (b) For each particular damaged item which can be economically repaired, evidence of cost of repairs such as a receipted bill and one estimate, or two estimates, from separate disinterested repairmen. The Maritime Administration may waive these requirements when circumstances warrant. The reasonable cost of any estimate may be included as an element of damage if not deductible from any repair bill submitted to claimant. (c) For any claim which may result in payment in excess of $20,000.00, a survey or appraisal shall be performed as soon as practicable after the damage accrues, and, unless waived in writing, shall be performed jointly with a government representative. (d) If the item is so severely damaged that it cannot be economically repaired or used, it shall be treated as a lost item. (e) If a claim includes loss of earnings or use during repairs to the damaged property, the following must also be furnished and supported by competent evidence: (1) The date the property was damaged; (2) The name and location of the repair facility; (3) The beginning and ending dates of repairs and an explanation of any delay between the date of damage and the beginning date; (4) A complete description of all repairs performed, segregating any work performed for the owner's account and not attributable to the incident involved, and the costs thereof; (5) The date and place the property was returned to service after completion of repairs, and … | ||||
| 9:9:2.0.2.1.25.0.7.1 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.1 Definitions; application of provisions. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 36 FR 12004, June 24, 1971; 54 FR 41048, Oct. 5, 1989; 79 FR 56232, Sept. 19, 2014] | (a) When used in this part, the following terms are defined to mean: (1) Import (imported). To bring within the territorial limits of the United States whether that arrival is accomplished by land, air, or water. (2) Offer(ed) for entry. The point at which the importer presents the imported product for reinspection. (3) Entry (entered). The point at which imported product offered for entry receives reinspection and is marked with the official mark of inspection, as required by § 327.26. (b) The provisions of this part shall apply to products derived from cattle, sheep, swine, goats, horses, mules, and other equines, if capable of use as human food. Compliance with the conditions for importation of products under this part does not excuse the need for compliance with applicable requirements under other laws, including the provisions in parts 94, 95, and 96 of chapter I of this title. | |||||
| 9:9:2.0.2.1.25.0.7.10 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.10 Samples; inspection of consignments; refusal of entry; marking. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 53 FR 17014, May 13, 1988; 54 FR 41048, Oct. 5, 1989; 87 FR 63423, Oct. 19, 2022] | (a) Program inspectors may take, without cost to the United States, for laboratory examination, samples of any product which is subject to analysis, from each consignment offered for importation, except that such samples shall not be taken of any product offered for importation under § 327.16. (b) Except for product offered for entry from Canada, the outside containers of all products offered for entry from any foreign country and accompanied with a foreign inspection certificate as required by this part, which, upon reinspection by import inspectors are found not to be adulterated or misbranded and are otherwise eligible for entry into the United States under this part, or the products themselves if not in containers, shall be marked with the official inspection legend prescribed in § 327.26 of this part. Except for Canadian product, all other products so marked, in compliance with this part, shall be entered into the United States, insofar as such entry is regulated under the Act. (c) Product which is inspected and rejected shall be marked “U.S. Refused Entry” as shown in § 327.26(c). Such marks shall be applied to the shipping container or the product itself if not in a container. (d) The inspection legend may be placed on containers of product before completion of official import inspection if the containers are being inspected by an import inspector who reports directly to an Import Field Office Supervisor; the product is not required to be held at the establishment pending the receipt of laboratory test results; and a written procedure for controlled stamping, submitted by the import establishment and approved by the Director, Import Inspection Division, is on file at the import inspection facility where the inspection is to be performed. (1) The written procedure for controlled pre-stamping should be in the form of a letter and shall include the following: (i) That stamping under this part will be limited to those lots of product which can be inspected on the day that certificates for the product are … | |||||
| 9:9:2.0.2.1.25.0.7.11 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.11 Receipts to importers for import product samples. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986] | In order that importers may be assured that samples of foreign products collected for laboratory examination are to be used exclusively for that purpose, official receipts shall be issued and delivered to importers, or their agents, by inspectors for all samples of foreign products collected. The official receipt shall be prepared in duplicate, over the signature of the inspector who collects the samples, and shall show the name of the importer, country of origin, quantity and kind of product collected, date of collection, and that the sample was collected for laboratory examination. The duplicate copy of the receipt shall be retained by the inspectors as their office record. | |||||
| 9:9:2.0.2.1.25.0.7.12 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.12 Foreign canned or packaged products bearing trade labels; sampling and inspection. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 49 FR 36818, Sept. 20, 1984] | (a) Samples of foreign canned or packaged products bearing on their immediate containers trade labels which have not been approved under § 317.3 of this subchapter shall be collected and forwarded to the laboratory by the Program inspector for examination, and the products shall be held pending receipt of the report of the laboratory findings and the results of the examination of trade labels and the marks on shipping containers. (b) Foreign canned or packaged products bearing trade labels and other markings which have been approved under § 317.3 of this subchapter shall be inspected for soundness and checked for net weight. Samples may be collected for laboratory examination, but the products may be released under customs' bond pending the report of laboratory findings. (c) Samples shall be taken from foreign canned products or packaged products as required by § 327.6 (a) and (j) of this part. | |||||
| 9:9:2.0.2.1.25.0.7.13 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.13 Foreign products offered for importation; reporting of findings to customs; handling of articles refused entry. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 48 FR 15889, Apr. 13, 1983; 49 FR 29568, July 23, 1984; 50 FR 19907, May 13, 1985; 53 FR 17015, May 13, 1988; 54 FR 50735, Dec. 11, 1989] | (a)(1) Program inspectors shall report their findings as to any product which has been inspected in accordance with this part, to the Director of Customs at the original port of entry where the same is offered for clearance through Customs inspection. (2) When product has been identified as “U.S. refused entry, ” the inspector shall request the Director of Customs to refuse admission to such product and to direct that it be exported by the owner or consignee within the time specified in this section, unless the owner or consignee, within the specified time, causes it to be destroyed by disposing of it under the supervision of a Program employee so that the product can no longer be used as human food, or by converting it to animal food uses, if permitted by the Food and Drug Administration. The owner or consignee of the refused entry product shall not transfer legal title to such product, except to a foreign consignee for direct and immediate exportation, or to an end user, e.g., an animal food manufacturer or a renderer, for destruction for human food purposes. “Refused entry” product must be delivered to and used by the manufacturer or renderer within the 45-day time limit. Even if such title is illegally transferred, the subsequent purchaser will still be required to export the product or have it destroyed as specified in the notice under paragraph (a)(5) of this section. (3) No lot of product which has been refused entry may be subdivided during disposition pursuant to paragraph (a)(2) of this section, except that removal and destruction of any damaged or otherwise unsound product from a lot destined for reexportation is permitted under supervision of USDA prior to exportation. Additionally, such refused entry lot may not be shipped for export from any port other than that through which the product came into the United States, without the expressed consent of the Administrator based on full information concerning the product's disposition, including the name of the vessel and the date of export. For the purp… | |||||
| 9:9:2.0.2.1.25.0.7.14 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.14 Marking of products and labeling of immediate containers thereof for importation. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986; 60 FR 67456, Dec. 29, 1995; 78 FR 66837, Nov. 7, 2013] | (a) Product which is offered for importation, and which is susceptible of marking, shall, whether or not enclosed in an immediate container, bear the name of the country of origin, preceded by the words “product of”; the establishment number assigned by the foreign meat inspection system and certified to the Program; and such other markings as are necessary for compliance with part 316 of this subchapter. When such markings are imprints of stamps or brands made with branding ink, such ink shall be harmless and shall create permanent imprints. In case the name of the country of origin appears as part of an official mark of the national foreign government and such name is prominently and legibly displayed, the words “product of” may be omitted. (b) In addition to the marking of products required under paragraph (a) of this section, the immediate container of any product offered for importation: (1) Shall bear a label showing in accordance with § 317.2 of this subchapter all information required by that section (except that the establishment number assigned by the foreign meat inspection system and certified to the Program and the official inspection mark of the foreign meat inspection system shall be shown instead of the official inspection legend of the United States) and in addition the name of the country of origin preceded by the words “product of,” immediately under the name or descriptive designation of the product as required by § 317.2: Provided, That such establishment number may be omitted from a label lithographed directly on a can if said number is lithographed or embossed elsewhere on the can; and (2) Shall, if such immediate container is a sealed metal container, have the establishment number assigned by the foreign meat inspection authority and certified by the Program embossed or lithographed on the sealed metal container, and such establishment number shall not be covered or obscured by any label or other means. (c) All marks and other labeling for use on or with immediate containers, as well… | |||||
| 9:9:2.0.2.1.25.0.7.15 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.15 Outside containers of foreign products; marking and labeling; application of official inspection legend. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986; 54 FR 41048, Oct. 5, 1989] | (a) The outside container in which any immediate container of foreign product is shipped to the United States shall bear, in English, in a prominent and legible manner: (1) The name or descriptive designation of the product in accordance with § 317.2 of this subchapter; (2) The name of the country of origin; and (3) The establishment number assigned by the foreign meat inspection system and certified to the Program. (b) All labeling used with an outside container of foreign product must be approved in accordance with part 317 of this subchapter. (c) Except for product offered for entry from Canada, all outside containers of products which have been inspected and passed in accordance with this part shall be marked by a Program import inspector or under a Program import inspector's supervision with the official import meat inspection mark prescribed in § 327.26. | |||||
| 9:9:2.0.2.1.25.0.7.16 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.16 Small importations for importer's own consumption; requirements. | FSIS | [54 FR 41048, Oct. 5, 1989] | Any product in a quantity of 50 pounds or less which was purchased by the importer outside the United States for his/her own consumption, is eligible to be imported into the United States from any country without compliance with the provisions in other sections of this part but subject to applicable requirements under other laws, including the regulations in part 94 of this title. However, Program employees may inspect any product imported under this section to determine whether it is within the class eligible to be imported under this paragraph. | |||||
| 9:9:2.0.2.1.25.0.7.17 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.17 Returned U.S. inspected and marked products. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986] | U.S. inspected and passed and so marked products exported to and returned from foreign countries will be admitted into the United States without compliance with this part upon notification to and approval of the Deputy Administrator, International Programs, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, in specific cases. | |||||
| 9:9:2.0.2.1.25.0.7.18 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.18 Products offered for entry and entered to be handled and transported as domestic; exception. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 41 FR 18089, Apr. 30, 1976; 54 FR 41049, Oct. 5, 1989] | (a) All products, after entry into the United States, shall be deemed and treated as domestic products and shall be subject to the applicable provisions of the Act and the regulations in this subchapter and the applicable requirements under the Federal Food, Drug and Cosmetic Act, except that products imported under § 327.16 are required to comply only with the requirements of that Act and § 327.16 of this subchapter. (b) Products entered in accordance with this part may, subject to the provisions of part 318 of this subchapter, be taken into official establishments and be mixed with or added to any product in such establishments which has been inspected and passed therein. (c) Imported product which has been inspected, passed, and marked under this part may be transported in the course of importation or subsequently in commerce only upon compliance with part 325 of this subchapter. | |||||
| 9:9:2.0.2.1.25.0.7.19 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.19 Specimens for laboratory examination and similar purposes. | FSIS | The provisions in this part do not apply to specimens of products for laboratory examination, research, or similar purposes when authorized importation by the Administrator under conditions specified by him in specific cases, including requirements of denaturing or other identification to deter their use for human food. Authorization will not be given for the importation of any products contrary to the provisions of part 94 of this chapter. | ||||||
| 9:9:2.0.2.1.25.0.7.2 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.2 Eligibility of foreign countries for importation of products into the United States. | FSIS | [35 FR 15610, Oct. 3, 1970] | (a)(1) Whenever it shall be determined by the Administrator that the system of meat inspection maintained by any foreign country, with respect to establishments preparing products in such country for export to the United States, insures compliance of such establishments and their products with requirements equivalent to all the inspection, building construction standards, and all other provisions of the Act and the regulations in this subchapter which are applied to official establishments in the United States, and their products, and that reliance can be placed upon certificates required under this part from authorities of such foreign country, notice of that fact will be given in accordance with paragraph (b) of this section. Thereafter, products prepared in such establishments which are certified and approved in accordance with paragraph (a)(3) of this section, shall be eligible so far as this subchapter is concerned for importation into the United States from such foreign country after applicable requirements of this subchapter have been met. (2) The determination of acceptability of a foreign meat inspection system for purposes of this section shall be based on an evaluation of the foreign program in accordance with the following requirements and procedures: (i) The system shall have a program organized and administered by the national government of the foreign country. The system as implemented must provide standards equivalent to those of the Federal system of meat inspection in the United States with respect to: (A) Organizational structure and staffing, so as to insure uniform enforcement of the requisite laws and regulations in all establishments throughout the system at which products are prepared for export to the United States; (B) Ultimate control and supervision by the national government over the official activities of all employees or licensees of the system; (C) The assignment of competent, qualified inspectors; (D) Authority and responsibility of national inspection officials to enforce t… | |||||
| 9:9:2.0.2.1.25.0.7.20 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.20 Importation of foreign inedible fats. | FSIS | [54 FR 41049, Oct. 5, 1989] | No inedible grease, inedible tallow, or other inedible rendered fat shall be imported into the United States unless it has been first denatured as prescribed in § 327.25 of this part and the containers marked as prescribed by § 316.15 of this subchapter or unless it is identified and handled as prescribed by § 325.11 (b) or (c) of this subchapter. | |||||
| 9:9:2.0.2.1.25.0.7.21 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.21 Inspection procedures for chilled fresh and frozen boneless manufacturing meat. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 49 FR 36819, Sept. 20, 1984; 51 FR 44901, Dec. 15, 1986; 54 FR 275, Jan. 5, 1989; 57 FR 27906, June 23, 1992] | (a) Definitions; sampling; standards. (1) Frozen boneless manufacturing meat is meat, frozen in the fresh state from cattle, sheep, swine, goats, horses, mules, or other equines that has all bone removed and is cut into pieces or trimmings, frozen into a compact block of any shape and suitable for slicing or chopping in the manufacturing of meat food products. As used in this section, the term “frozen” includes “chilled fresh,” and “lot” means any amount of frozen boneless manufacturing meat of one species, similarly packaged, shipped from one establishment, and offered for import inspection under one or more foreign inspection certificates. (2) Imported frozen boneless manufacturing meat shall be sampled as required by § 327.6(a) of this part, and the samples defrosted for inspection. The Program import inspector, or in the case of Canadian product subject to procedures described in § 327.5(d)(1), the Canadian representative will select from a lot the appropriate number of cartons specified by the table of sampling plans. The total sample for inspection will consist of the necessary number of 12-pound units drawn from these cartons. The 12-pound units selected will be completely defrosted and examined. (b) Lots refused entry. Reinspection (including resampling) will be provided for any lot of frozen boneless manufacturing meat which was refused entry under this section on the basis of the original evaluation of the sample thereof, upon appeal from the inspector's initial decision. | |||||
| 9:9:2.0.2.1.25.0.7.22 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.22 [Reserved] | FSIS | |||||||
| 9:9:2.0.2.1.25.0.7.23 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.23 Compliance procedure for cured pork products offered for entry. | FSIS | [50 FR 9792, Mar. 12, 1985, as amended at 54 FR 41049, Oct. 5, 1989] | (a) Definitions. For the purposes of this section: (1) A Product is that cured pork article which is contained within one Group as defined in paragraph (a)(2) of this section and which purports to meet the criteria for a single product designated under the heading “Product Name and Qualifying Statements” in the chart in § 319.104 or § 319.105 of this subchapter. (2) A Product Group or a Group means one of the following: (i) Group I, consisting of cured pork products which have been cooked while imperviously encased. Any product that fits into the Group shall be placed in this Group regardless of any other considerations. (ii) Group II, consisting of cured pork products which have been water cooked. Any product that does not fit into Group I but does fit into Group II shall be placed into Group II regardless of any other considerations. (iii) Group III, consisting of boneless, smokehouse heated cured pork products. Any boneless product that does not fit into Group I or II shall be placed in Group III. (iv) Group IV, consisting of bone-in or semi-boneless smokehouse heated cured pork products. Any product that is not completely boneless or still contains all the bone which is traditional for bone-in product and does not fit into Group I, II, or III shall be placed in this Group. (3) Protein Fat-Free Percentage, Protein Fat-Free Content, PFF Percentage, PFF Content or PFF of a product means the meat protein (indigenous to the raw, unprocessed pork cut) content expressed as a percent of the non-fat portion of the finished product. (4) A PFF Standardized Difference is the PFF of the sample minus the minimum PFF requirement, set forth in § 319.104 and § 319.105 of this subchapter, for the product being analyzed, divided by the Appropriate Standard Deviation for the product group. (5) The Absolute Minimum PFF Requirement is that no laboratory result of an individual sample for PFF content be below the applicable minimum requirement of § 319.104 or § 319.105 of this subchapter by 2.3 or more percen… | |||||
| 9:9:2.0.2.1.25.0.7.24 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.24 Appeals; how made. | FSIS | [87 FR 63423, Oct. 19, 2022] | Any appeal of a decision or action of any program employee will be made to his/her immediate supervisor having responsibility over the subject matter of the appeal in accordance with 9 CFR 500.9. | |||||
| 9:9:2.0.2.1.25.0.7.25 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.25 Disposition procedures for product condemned or ordered destroyed under import inspection. | FSIS | [51 FR 37707, Oct. 24, 1986] | (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 section 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 or at official import inspection 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 or at an official import inspection 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. 1 1 Information as to approval of any proprietary denaturing substance may be obtained from the Meat and Poultry Inspection Technical Services, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. (2) 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 except as provided in paragraphs (a) (3) 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. 1 Carcasses (other than viscera), parts thereof, cuts of meat, and unground pieces of meat darkened by charcoal or other black dyes shall be deemed to be denatured pursuant to this section only if they contain at least … | |||||
| 9:9:2.0.2.1.25.0.7.26 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.26 Official import inspection marks and devices. | FSIS | [51 FR 37708, Oct. 24, 1986, as amended at 54 FR 41049, Oct. 5, 1989] | (a) When import inspections are performed in official import inspection establishments, the official inspection legend to be applied to imported meat and meat food products shall be in the appropriate form 1 as herein specified. 1 The number “I-38” is given as an example only. The establishment number of the official import inspection establishment where the imported product is inspected shall be used in lieu thereof. For application to cattle, sheep, swine, and goat carcasses, primal parts, and cuts, not in containers. For application to outside containers of meat and meat food products prepared from cattle, sheep, swine, and goats. For application to horse carcasses, primal parts, and cuts, not in containers. For application to outside containers of horsemeat food products. For application to mule and other (nonhorse) equine carcasses, primal parts, and cuts, not in containers. For application to outside containers of equine meat food products. (b) Except for product offered for entry from Canada, when import inspections are performed in official establishments the official inspection legend to be applied to meat and meat food products offered for entry shall be the appropriate form as specified in §§ 312.2 and 312.3 of this subchapter. (c) When products are refused entry into the United States, the official mark to be applied to the products refused entry shall be in the following form: (d) Devices for applying “United States Refused Entry” marks shall be furnished to Program inspectors by the Department. (e) The ordering and manufacture of brands containing official inspection legends shall be in accordance with the provisions contained in § 317.3(c) of the Federal meat inspection regulations. | |||||
| 9:9:2.0.2.1.25.0.7.3 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.3 No product to be imported without compliance with applicable regulations. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 38 FR 29215, Oct. 23, 1973; 54 FR 41048, Oct. 5, 1989; 56 FR 38335, Aug. 13, 1991; 57 FR 27906, June 23, 1992] | (a) No product offered for importation from any foreign country shall be admitted into the United States if it is adulterated or misbranded or does not comply with all the requirements of this subchapter that would apply to it if it were a domestic product. (b) No cooked or partially cooked meat or meat trimmings, either in separable pieces or molded into larger forms, shall be permitted entry except under the following conditions: (1) A complete procedure for preparing and handling the product in the foreign country and en route to the United States shall be submitted by the exporter or his authorized agent to the Administrator and determined by the Administrator to be adequate to assure that the product will not be adulterated or misbranded at the time of offer for entry. (2) A system acceptable to the Administrator (upon his determination that the system will provide a reliable indication of the kinds and numbers of microorganisms present) for the microbiological testing of the finished product shall be installed by the processor, the product is subjected to such testing, and the results thereof are furnished to the Administrator and are acceptable to him as showing that the product has been prepared and handled in a sanitary manner. (c) [Reserved] | |||||
| 9:9:2.0.2.1.25.0.7.4 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.4 Foreign inspection certificate requirements. | FSIS | [79 FR 56233, Sept. 19, 2014] | (a) Except as provided in § 327.16, each consignment imported into the United States must have an electronic foreign inspection certification or a paper foreign inspection certificate issued by an official of the foreign government agency responsible for the inspection and certification of the product. (b) An official of the foreign government must certify that any product described on any official certificate was produced in accordance with the regulatory requirements in § 327.2. (c) The electronic foreign inspection certification must be in English, be transmitted directly to FSIS before the product's arrival at the official import inspection establishment, and be available to import inspection personnel. (d) The paper foreign inspection certificate must accompany each consignment; be submitted to import inspection personnel at the official import inspection establishment; be in English; bear the official seal of the foreign government responsible for the inspection of the product, and the name, title, and signature of the official authorized to issue inspection certificates for products imported to the United States. (e) The electronic foreign inspection certification and paper foreign inspection certificate must contain: (1) The date; (2) The foreign country of export and the producing foreign establishment number; (3) The species used to produce the product and the source country and foreign establishment number, if the source materials originate from a country other than the exporting country; (4) The product's description, including the process category, the product category, and the product group; (5) The name and address of the importer or consignee; (6) The name and address of the exporter or consignor; (7) The number of units (pieces or containers) and the shipping or identification mark on the units; (8) The net weight of each lot; and (9) Any additional information the Administrator requests to determine whether the product is eligible to be imported into the United States. | |||||
| 9:9:2.0.2.1.25.0.7.5 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.5 Import inspection application. | FSIS | [79 FR 56233, Sept. 19, 2014] | (a) Applicants must submit an import inspection application, to apply for the inspection of any product offered for entry. Applicants may apply for inspection using a paper or electronic application form. (b) Import inspection applications for each consignment must be submitted (electronically or on paper) to FSIS in advance of the shipment's arrival at the official import establishment where the product will be reinspected, but no later than when the entry is filed with U.S. Customs and Border Protection. (c) The provisions of this section do not apply to products that are exempted from inspection by §§ 327.16 and 327.17. | |||||
| 9:9:2.0.2.1.25.0.7.6 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.6 Products for importation; program inspection, time and place; application for approval of facilities as official import inspection establishment; refusal or withdrawal of approval; official numbers. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 37 FR 21927, Oct. 17, 1972; 38 FR 29215, Oct. 23, 1973; 49 FR 36818, Sept. 20, 1984; 51 FR 37707, Oct. 24, 1986; 51 FR 45633, Dec. 19, 1986; 54 FR 274, Jan. 5, 1989; 54 FR 41048, Oct. 5, 1989; 62 FR 45026, Aug. 25, 1997; 64 FR 56416, Oct. 20, 1999; 64 FR 66545, Nov. 29, 1999; 65 FR 2284, Jan. 14, 2000; 79 FR 56233, Sept. 19, 2014] | (a)(1) Except as provided in §§ 327.16 and 327.17, all products offered for entry from any foreign country shall be reinspected by a Program inspector before they shall be allowed entry into the United States. (2) Every lot of product shall routinely be given visual inspection by a Program import inspector for appearance and condition, and checked for certification and label compliance. (3) The electronic inspection system shall be consulted for reinspection instructions. The electronic inspection system will assign reinspection levels and procedures based on established sampling plans and established product and plant history. (4) When the inspector deems it necessary, the inspector may sample and inspect lots not designated by the electronic inspection system. (b) All products, required by this part to be inspected, shall be inspected only at an official establishment or at an official import inspection establishment approved by the Administrator as provided in this section. Such approved official import inspection establishments will be listed in the Directory of Meat and Poultry Inspection Program Establishments, Circuits and Officials, published by the Food Safety and Inspection Service. The listing will categorize the kind or kinds of product 2 which may be inspected at each official import inspection establishment, based on the adequacy of the facilities for making such inspections and handling such products in a sanitary manner. 1 [Reserved] 2 For example: Canned product, boneless meat, carcasses and cuts. (c) Owners or operators of establishments, other than official establishments, who want to have import inspections made at their establishments, shall apply to the Administrator for approval of their establishments for such purpose. Application shall be made on a form furnished by the Program, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC, and shall include all information called for by that form. (d) Approval for Federal import inspection shall be in… | |||||
| 9:9:2.0.2.1.25.0.7.7 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.7 Products for importation; movement prior to inspection; handling; bond; assistance. | FSIS | [35 FR 15610, Oct. 3, 1970, as amended at 37 FR 21928, Oct. 17, 1972; 51 FR 37707, Oct. 24, 1986; 56 FR 65180, Dec. 16, 1991] | (a) No product required by this part to be inspected shall be moved, prior to inspection from any port, or, if arriving by water from the wharf where first unloaded, to any place other than the place designated by, or in accordance with, this part as the place where the same shall be inspected. (b) No product required by this part to be inspected shall be conveyed, prior to inspection, from any port, or, if arriving by water, from the wharf where first unloaded, in any manner other than in compliance with this part. (c) No product required by this part to be inspected shall be delivered to the consignee or his agent prior to inspection, unless the consignee shall furnish a bond, in form prescribed by the Secretary of the Treasury, conditioned that the product shall be returned, if demanded, to the collector of the port where the same is offered for clearance through the customs. (d) The consignee or his agent shall provide such assistance as Program inspectors may require for the handling and marking of product offered for entry. | |||||
| 9:9:2.0.2.1.25.0.7.8 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.8 Import products; equipment and means of conveyance used in handling to be maintained in sanitary condition. | FSIS | Compartments of steamships, sailing vessels, railroad cars, and other means of conveyance transporting any product to the United States, and all trucks, chutes, platforms, racks, tables, tools, utensils, and all other devices used in moving and handling any product offered for importation into the United States, shall be maintained in a sanitary condition. | ||||||
| 9:9:2.0.2.1.25.0.7.9 | 9 | Animals and Animal Products | III | A | 327 | PART 327—IMPORTED PRODUCTS | § 327.9 Burlap wrapping for foreign meat. | FSIS | Burlap shall not be used as a wrapping for foreign meat unless the meat is first wrapped with a good grade of paper or cloth of a kind which will prevent contamination with lint or other foreign material. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);