cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
18 rows where part_number = 352 and title_number = 7 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 7:7:5.1.1.1.12.0.47.1 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.1 Definitions. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 71 FR 49325, Aug. 23, 2006; 84 FR 29966, June 25, 2019] | (a) This part may be cited by the short title: “Safeguard Regulations.” This title shall be understood to include both the regulations and administrative instructions in this part. (b) Words used in the singular form in this part shall be deemed to import the plural and vice versa as the case may demand. For purposes of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean: Administrative instructions. Published documents set forth in this part relating to the enforcement of this part, and issued under authority thereof by the Deputy Administrator. Biological control organism. Any enemy, antagonist, or competitor used to control a plant pest or noxious weed. Brought in for temporary stay where unloading or landing is not intended. Brought in by carrier but not intended to be unloaded or landed from such carrier. This phrase includes movement (i) departing from the United States on the same carrier directly from the point of arrival therein; and (ii) transiting a part of the United States before departure therefrom, and applies whether movement under Customs procedure is as residue cargo or follows some form of Customs entry. Carrier; means of conveyance. Automobile, truck, animal-drawn vehicle, railway car, aircraft, ship, or other means of transportation. Customs. The U.S. Customs Service, Department of the Treasury, or, with reference to Guam, the Customs Office of the Government of Guam. Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs or any employee of the Plant Protection and Quarantine Programs delegated to act in his or her stead. Foreign trade zone. A formally prescribed area containing various physical facilities located in or adjacent to ports of entry under the jurisdiction of the United States and established, operated, and maintained as a foreign trade zone pursuant to the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended, wherein foreign me… | ||||||
| 7:7:5.1.1.1.12.0.47.10 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.10 Inspection; safeguards; disposal. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 4253, Jan. 26, 2010; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019] | (a) Inspection and release. Prohibited and restricted products and articles subject to this part shall be subject to inspection at the port of first arrival in accordance with § 330.105(a) of this chapter and shall not be released by Customs officers for unloading, landing, or other onward movement or entry until released by an inspector or a Customs officer on behalf of an inspector in accordance with the procedure prescribed in § 330.105(a) of this chapter. If diversion or change of Customs entry is not permitted for any movements authorized under this part, the inspector at the original port of Customs entry shall appropriately endorse Customs documents to show that fact. However, the inspector at the U.S. port of export may approve diversion or change of Customs entry to permit movement to a different foreign country, or entry into the United States, subject to all other applicable requirements under this part or parts 319, 330, or 360 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs 2 for information as to applicable conditions. If diversion or change of Customs entry is desired at port, confirmation will be given by the Plant Protection and Quarantine Programs to the appropriate Customs officers and Plant Protection and Quarantine Programs inspectors. 2 The Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. (b) Safeguards. (1) The unloading, landing, retention on board as stores and furnishings or cargo, transshipment and exportation, transportation and exportation, onward movment to the port of entry as residue cargo or under a Customs entry for immediate transportation, and other movement or possession within the United States of prohibited or restricted products and articles under this part shall be subject to such safeguards as m… | ||||||
| 7:7:5.1.1.1.12.0.47.11 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.11 Mail. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019] | (a) Transit mail. (1) Plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles which arrive in the United States in closed dispatches by international mail or international parcel post and which are in transit through the United States to another country shall be allowed to move through the United States without further permit than the authorization contained in this section. Notice of arrival shall not be required as other documentation meets the requirement for this notice. (2) Inspectors ordinarily will not inspect transit mail or parcel post, whether transmitted in open mail or in closed dispatches. They may do so if it comes to their attention that any such mail or parcel post contains prohibited or restricted products or articles which require safeguard action. Inspection and disposal in such cases will be made in accordance with this part and part 330 of this chapter, and in conformity with regulations and procedures of the Post Office Department for handling transit mail and parcel post. (b) Importation for exportation. Plants and plant products to be imported for exportation, by mail, will be handled under permit in accordance with Part 351 of this chapter. | ||||||
| 7:7:5.1.1.1.12.0.47.12 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.12 Baggage. | APHIS | Products or articles subject to this part which are contained in baggage shall be subject to the requirements of this part in the same manner as cargo. | |||||||
| 7:7:5.1.1.1.12.0.47.13 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.13 Certain conditions under which change of Customs entry or diversion is permitted. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29967, June 25, 2019] | When plants, plant products,plant pests, biological control organisms, noxious weeds, soil, or other products or articles released for exportation, transshipment and exportation, or transportation and exportation, under this part, have met all applicable permit and other requirements for importation, including inspection and treatment, as provided in part 319, 330, or 360 of this chapter, the form of Customs entry may be changed and the shipment may be diverted at any time to permit delivery of the products and articles to a destination in the United States, so far as the requirements in this part are involved. The Customs officer concerned at the original port of Customs entry shall be informed by the inspector that such release has been made and that such change of entry or diversion is approved under this part by appropriate endorsement of Customs documents. | ||||||
| 7:7:5.1.1.1.12.0.47.14 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.14 Costs. | APHIS | [56 FR 14844, Apr. 12, 1991] | All costs incident to the inspection, handling, safeguarding, or other disposal of prohibited or restricted products or articles under the provisons in this part shall be borne by the owner. Services of the inspector during regularly assigned hours of duty at the usual places of duty shall be furnished without cost to the person requesting the services, unless a user fee is payable under § 354.3 of this chapter. | ||||||
| 7:7:5.1.1.1.12.0.47.15 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.15 Caution. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010; 84 FR 29967, June 25, 2019] | In applying safeguards or taking other measures prescribed under the provisions in this part, it should be understood that inexactness or carelessness may result in injury or damage. It should also be understood by the owners that emergency measures prescribed by the inspector to safeguard against plant pest, noxious weed, or biological control organism dissemination may have adverse effects on certain products and articles and that they will take the calculated risk of such adverse effects of authorized measures. | ||||||
| 7:7:5.1.1.1.12.0.47.16 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | §§ 352.16-352.28 [Reserved] | APHIS | ||||||||
| 7:7:5.1.1.1.12.0.47.17 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.29 Administrative instructions: Avocados from Mexico. | APHIS | [52 FR 27671, July 23, 1987, as amended at 54 FR 43167, Oct. 23, 1989] | Avocados from Mexico may be moved through the United States to destinations outside the United States only in accordance with this section. (a) Permits. Before moving the avocados through the United States, the owner must obtain a formal permit in accordance with § 352.6 of this part. (b) Ports. The avocados may enter the United States only at the following ports: Galveston or Houston, Texas; the border ports of Nogales, Arizona, or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo, Texas; or at other ports within that area of the United States specified in paragraph (f) of this section. (c) Notice of arrival. At the port of arrival, the owner must provide notification of the arrival of the avocados in accordance with § 352.7 of this part. (d) Inspection. The owner must make the avocados available for examination by an inspector. The avocados may not be moved from the port of arrival until released by an inspector. (e) Shipping requirements. The avocados must be moved through the United States either by air or in a refrigerated truck or refrigerated rail car or in refrigerated containers on a truck or rail car. If the avocados are moved in refrigerated containers on a truck or rail car, an inspector must seal the containers with a serially numbered seal at the port of arrival. If the avocados are removed in a refrigerated truck or refrigerated rail car, an inspector must seal the truck or rail car with a serially numbered seal at the port of arrival. If the avocados are transferred to another vehicle or container in the United States, an inspector must be present to supervise the transfer and must apply a new serially numbered seal. The avocados must be moved through the United States under Customs bond. (f) Shipping areas. Avocados moved by truck or rail car may transit only that area of the United States bounded on the west and south by a line extending from El Paso, Texas, to Salt Lake City, Utah, to Portland, Oregon, and due west from Portland; and on the east and south by a line extendin… | ||||||
| 7:7:5.1.1.1.12.0.47.18 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.30 Untreated oranges, tangerines, and grapefruit from Mexico. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 55 FR 23066, June 6, 1990; 56 FR 13066, Mar. 29, 1991; 67 FR 46578, July 16, 2002; 71 FR 49325, Aug. 23, 2006; 72 FR 39528, July 18, 2007; 75 FR 4253, Jan. 26, 2010; 84 FR 29967, June 25, 2019] | The following provisions shall apply to the movement into or through the United States under this part of untreated oranges, tangerines, and grapefruit from Mexico in transit to foreign countries via United States ports on the Mexican border. (a) Untreated fruit; general —(1) Permit and notice of arrival required. The owner shall, in advance of shipment of untreated oranges, tangerines, or grapefruit from Mexico via United States ports to any foreign country, procure a formal permit as provided in § 352.6, or application for permit may be submitted to the inspector at the port in the United States through which the shipment will move. Notice of arrival of such fruit shall be submitted as required by § 352.7. (2) Origin: period of entry. Such fruit may enter from any State in Mexico throughout the year, in accordance with requirements of this section and other applicable provisions in this part. (3) Cleaning refrigerated containers prior to return to the United States from Canada. Refrigerated containers that have been used to transport untreated oranges, tangerines, or grapefruit from Mexico through the United States to Canada shall be carefully swept and freed from all fruit, as well as boxes and rubbish, by the carrier involved prior to reentry into the United States. (4) Inspection; safeguards. (i) Each shipment under paragraph (a) of this section shall be subject to such inspections and safeguards as are required by this section and such others as may be prescribed by the inspector pursuant to § 352.10. (ii) Untreated oranges, tangerines, and grapefruit arriving from Mexico at authorized ports in the United States for movement to a foreign country shall be loaded into refrigerated containers and preinspected by an inspector for freedom of citrus leaves before entry into the United States or be accompanied by an acceptable certificate from an inspector as to such freedom. Refrigerated containers loaded with untreated oranges, tangerines, and grapefruit that are not free of such leaves will be den… | ||||||
| 7:7:5.1.1.1.12.0.47.2 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.2 Purpose; relation to other regulations; applicability; preemption of State and local laws. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019] | (a) Importations of plants, plant products, plant pests, biological control organisms, noxious weeds, soil, and other products and articles that may be infested or infected by or contain plant pests, biological control organisms, or noxious weeds are exempt from the prohibitions or restrictions contained in parts 319, 330, and 360 of this chapter if they meet one of the conditions in paragraphs (a)(1) through (a)(4) of this section and are moved into the United States and handled in compliance with this part. Provided: That these exemptions do not apply to cotton and covers imported into the United States from any country for exportation or transshipment and exportation or transportation and exportation as provided in §§ 319.8 through 319.8-26 of this chapter. Moreover, the applicable provisions of §§ 330.100 through 330.109 and 330.400 of this chapter also apply to products and articles subject to this part. (1) They are brought in temporarily where loading and landing is not intended; (2) They are unloaded or landed for transshipment and exportation; (3) They are unloaded or landed for transportation and exportation; or (4) They are intended for unloading and entry at a port other than the port of arrival. (b) Prohibited or restricted products and articles offered for and refused entry into the United States under parts 319, 330, or 360 of this chapter are subject to the applicable provisions in this part regarding their subsequent handling in this country. (c)(1) The provisions in this part apply whether the controls over arrival, temporary stay, unloading, landing, transshipment and exportation, or transportation and exportation, or other movement or possession in the United States and Guam are maintained by entry or other procedures of the U.S. Customs Service, Department of the Treasury, or the Customs Office of the Government of Guam, respectively. Such provisions will apply to arrivals in the United States, including arrivals in a foreign trade zone in the United States to which admission is sough… | ||||||
| 7:7:5.1.1.1.12.0.47.3 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.3 Enforcement and administration. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019] | (a) Plants, plant products, plant pests, biological control organisms, noxious weeds, soil, and other products and articles subject to the regulations in this part that are unloaded, landed, or otherwise brought or moved into or through the United States in violation of this part may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714). Any person who unloads, lands, or otherwise brings or moves into or through the United States any regulated plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles in violation of this part will be subject to prosecution under the applicable provisions of law. (b) Whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions of danger of plant pest escape or dissemination involved in the arrival, unloading, landing, or other movement, or possession in the United States of plants, plant products, plant pests, biological control organisms, noxious weeds, soil, or other products or articles subject to the regulations in this part, make it safe to modify by making less stringent the restrictions contained in any such regulation, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent with respect thereto, whereupon such modification shall become effective; or he may, upon request in specific cases, when the public interests will permit, authorize arrival, unloading, landing, or other movement, or possession in the United States under conditions that are less stringent than those contained in the regulations in this part. (c) The Deputy Administrator also may set forth and publish, in administrative instructions, requirements and conditions for any class of products or articles supplemental to the regulations in this part, and may promulgate interpretations of this part. (d) The Deputy Administrator shall employ proce… | ||||||
| 7:7:5.1.1.1.12.0.47.4 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.4 Documentation. | APHIS | (a) Manifest. Immediately upon the arrival of a carrier in the United States the owner shall make available to the inspector for examination a complete manifest or other documentation from which the inspector may determine whether there are on board any prohibited or restricted products or articles subject to this part, other than accompanied baggage and mail. (b) Other documentation. Any notifications, reports, and similar documentation not specified in the regulations in this part, but necessary to carry out the purpose of the regulations, will be prescribed in administrative instructions. (c) Procedure after examination of documents. After examination of the carrier cargo manifest or other documentation the inspector may notify the owner and the Customs officer that certain products or articles on board the carrier are subject to this part and may not be unloaded or landed for any purpose pending plant quarantine inspection. In such case the owner shall not unload or land such products or articles without authorization by an inspector. | |||||||
| 7:7:5.1.1.1.12.0.47.5 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.5 Permit; requirement, form and conditions. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019] | (a) General. (1) Permits are required for the arrival, unloading or landing, or other movement into or through the United States of plants, plant products, plant pests, biological control organisms, noxious weeds, and soil subject to this part. The permit may consist of a general authorization as set out in paragraph (b), (c), or (d) of this section or § 352.11, or it may be a specific permit. A specific permit may be formal or oral except as a formal permit is required by paragraph (c) or (e) of this section. The Deputy Administrator may in administrative instructions require specific or formal permits for any class of products or articles subject to this part. (2) A formal permit may be issued in prescribed form, in letter form, or a combination thereof. A rubber stamp impression or other endorsement made by the inspector on pertinent Customs documents covering the products or articles involved may constitute the formal permit in appropriate cases. (b) Permit for prohibited or restricted products or articles brought in for temporary stay where unloading or landing in the United States is not intended. No permit other than the authorization contained in this paragraph shall be required for bringing into the United States any plants, plant products, plant pests, biological control organisms, noxious weeds, or soil subject to this part for temporary stay where unloading or landing in the United States is not intended, e.g., in connection with residue cargo movement under Customs procedure, or in connection with Customs entry for exportation or for transportation and exportation. This authorization also includes transshipment of products and articles under this paragraph from a carrier directly to another carrier of the same company when necessitated by an emergency or operating requirement and effected in accordance with safeguards prescribed in writing or orally by the inspector under § 352.10. (c) Permit for prohibited or restricted products or articles unloaded or landed for immediate transshipment and … | ||||||
| 7:7:5.1.1.1.12.0.47.6 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.6 Application for permit and approval or denial thereof. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994; 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019] | (a) Plants and plant products (including noxious weeds). Except as otherwise provided in this paragraph, any person desiring to unload or land, or otherwise move into or through the United States, any plants or plant products for which a specific permit is required by § 352.5, shall in the case of prohibited plants or plant products, and should in the case of restricted plants or plant products, in advance of arrival in the United States of the plants or plant products, submit an application for a permit to the Plant Protection and Quarantine Programs, 1 stating such of the following information as is relevant: The name and address of the importer, the approximate quantity and kind of plants and plant products it is desired to import under this part, the country where grown, the United States port of arrival, the United States port of export, the proposed routing from the port of arrival to the port of exportation, means of transportation to be employed ( i.e. , mail, air mail, express, air express, freight, air freight, baggage), and the name and address of the agent representing the importer. Applications may be made on forms provided for the purpose by the Plant Protection and Quarantine Programs, or orally, or by letter, telegram, or other means of communication furnishing all the information required by this paragraph. Applications need not be made for shipments handled under general authorizations set forth in § 352.5 (b), (c), or (d), or in § 352.11. 1 Application for such permits should be addressed to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, Maryland 20737-1236. (b) Plant pests. Any person desiring to unload or land, or otherwise move into or through the United States, any plant pest for which a specific permit is required by § 352.5 shall, in advance of the arrival of the plant pests in the United States, submit an application to the Plant Protection and Quarantine Programs for a perm… | ||||||
| 7:7:5.1.1.1.12.0.47.7 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.7 Notice of arrival. | APHIS | [81 FR 40150, June 21, 2016] | Immediately upon arrival of any shipment of plants or plant products (including noxious weeds) subject to this part and covered by a specific permit, the importer shall submit to an inspector notice of such arrival using a form provided for that purpose (Form PPQ-368) and, where relevant, the proposed routing to the proposed U.S. port of exit. Forms will be submitted using a U.S. Government electronic information exchange system or other authorized method. Notice of arrival shall not be required for other products or articles subject to this part since other available documentation meets the requirement for this notice. | ||||||
| 7:7:5.1.1.1.12.0.47.8 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.8 Marking requirements. | APHIS | Prohibited and restricted products and articles subject to this part shall be adequately marked or otherwise identified by documentation to indicate their nature. | |||||||
| 7:7:5.1.1.1.12.0.47.9 | 7 | Agriculture | III | 352 | PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS | § 352.9 Ports. | APHIS | [25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010; 84 FR 29966, June 25, 2019] | The arrival, unloading, landing, or possession of plants, plant products,plant pests, biological control organisms, noxious weeds, soil, or other products or articles subject to this part shall not be allowed at points within the United States other than at the ports specified in the Customs Regulations in 19 CFR 1.1 and 19 CFR 6.13, and Agana, Guam, or such other ports as may be named in permits or administrative instructions. Restrictions on the ports which may be used for particular types of handling of any products or articles subject to this part may be specified generally in administrative instructions or in permits in specific cases. When ports are specified in permits or otherwise, the arrival, unloading, landing, or possession of the products or articles involved at other ports will not be allowed except as the inspector may authorize changes in the ports specified. |
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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);