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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:4.0.1.4.64.0.24.1 | 14 | Aeronautics and Space | II | D | 381 | PART 381—SPECIAL EVENT TOURS | § 381.1 Purpose. | FAA | The purpose of this part is ensure that air travelers who have purchased tours to special events will receive the promised admission to the event. This part expands the “Super Bowl rule” to other events. | ||||||
| 14:14:4.0.1.4.64.0.24.2 | 14 | Aeronautics and Space | II | D | 381 | PART 381—SPECIAL EVENT TOURS | § 381.3 Applicability. | FAA | This part applies to Special Event Tours that are in interstate air transportation, or in foreign air transportation originating at a point in the United States. This part applies to U.S. and foreign operators of Special Event Tours, whether they be air carriers or ticket agents. This part applies to scheduled, charter, and other air transportation. | ||||||
| 14:14:4.0.1.4.64.0.24.3 | 14 | Aeronautics and Space | II | D | 381 | PART 381—SPECIAL EVENT TOURS | § 381.5 Definition. | FAA | Special Event Tour means a tour that is organized for the purpose of attending a sporting, social, religious, educational, cultural, political or other event of a special nature and limited duration, which exists for reasons apart from the tour itself, and which is represented by the operator of the tour as including admission to that event. Examples of such events include, but are not limited to, college and professional sporting events, the Olympics, concerts, the Passion Play in Oberammergau, etc. | ||||||
| 14:14:4.0.1.4.64.0.24.4 | 14 | Aeronautics and Space | II | D | 381 | PART 381—SPECIAL EVENT TOURS | § 381.7 Advertising. | FAA | No operator of a Special Event Tour or agent of such an operator shall conduct, or cause or allow to be conducted, any advertising, solicitation or other promotion for a Special Event Tour unless: (a) The operator is in physical possession of enough tickets for admission to the event to provide such tickets for a substantial number of seats on the tour; or (b) The operator has entered into a written contract with an organization that is the distributor of such tickets or an organization that receives such tickets directly from the distributor (e.g., a bowl committee; football conference, league or team; concert promoter or arena; etc.), the terms of which provide for that organization to furnish the operator enough admission tickets to provide such tickets for a substantial number of seats on the tour; or (c) The operator has entered into a written contract with another person or organization that has a written contract or series of written contracts with the distributor of such tickets or with an organization that receives such tickets directly from the distributor, the terms of which provide for that organization (the organization with which the operator has contracted) to furnish the operator enough admission tickets to provide such tickets for a substantial number of seats on the tour. | ||||||
| 14:14:4.0.1.4.64.0.24.5 | 14 | Aeronautics and Space | II | D | 381 | PART 381—SPECIAL EVENT TOURS | § 381.9 Sales. | FAA | (a) Except as provided in paragraph (b) of this section: (1) No operator of a Special Event Tour shall accept money for a seat on a Special Event Tour, or authorize an agent to accept such money, unless the operator has physical possession of, or written contracts (in the manner described in § 381.7) for, a ticket for admission to the event for that individual. To the extent that the operator receives an unsolicited booking for which the operator does not have physical possession of or written contracts for a ticket for admission to the event, any payment accompanying that booking must be returned within 3 business days. (2) Upon acceptance of the money for a sale, the operator must reserve one event ticket for that individual. An operator may not sell more seats on the tour than it has event tickets in hand or under contract. (An operator need not continue to reserve an event ticket for an individual who withdraws from the tour by providing notice to the operator or by being notified by the operator that the individual's participation has been canceled due to failure to remit a required installment payment.) (b) An operator of a Special Event Tour may accept a booking and payment from an individual for whom the operator does not have an event ticket in hand or under contract if that individual agrees in writing that he or she understands that no event ticket has been reserved for him or her. This agreement shall specify whether the person has agreed to participate in the tour without an event ticket and/or the operator has agreed to attempt to acquire an event ticket for this person. If the two parties agree that the operator will attempt to acquire an event ticket, the agreement shall specify any penalties that will apply if the individual later cancels because an event ticket did not become available. If the operator notifies this person that an event ticket has become available, that person shall enjoy all the other protections of this part from that time. | ||||||
| 14:14:4.0.1.4.64.0.24.6 | 14 | Aeronautics and Space | II | D | 381 | PART 381—SPECIAL EVENT TOURS | § 381.11 Refunds. | FAA | If promised admission to the primary event for which a Special Event Tour was organized is not furnished by the tour operator, at the tour price agreed to before departure (including any increases that the participant has accepted pursuant to § 381.13(a)), the operator must provide each tour participant affected in this way a refund of the total tour price. This refund is to be provided within 14 calendar days after the scheduled return date of the tour. | ||||||
| 14:14:4.0.1.4.64.0.24.7 | 14 | Aeronautics and Space | II | D | 381 | PART 381—SPECIAL EVENT TOURS | § 381.13 Price increases. | FAA | (a) Should the tour operator increase a participant's tour price by more than 10 percent (aggregate of all increases to that participant), that participant shall have the option of canceling his or her participation in the tour and receiving a full refund within 14 days after the cancellation. (b) The tour operator shall not increase the tour price to any participant less than ten days before departure. | ||||||
| 34:34:2.1.1.1.17.1.137.1 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | A | Subpart A—General | § 381.1 What is the Protection and Advocacy of Individual Rights program? | ED | This program is designed to support a system in each State to protect the legal and human rights of eligible individuals with disabilities. | |||||
| 34:34:2.1.1.1.17.1.137.2 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | A | Subpart A—General | § 381.2 Who is eligible for an award? | ED | (a)(1) A protection and advocacy system that is established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act), 42 U.S.C. 15041 et seq., and that meets the requirements of § 381.10 is eligible to apply for a grant award under this part. (2)(i) For any fiscal year in which the appropriation to carry out the activities of this part equals or exceeds $10,500,000, the eligible system serving the American Indian Consortium is eligible to apply for a grant award under this part. (ii) For purposes of this part, an eligible system is defined at § 381.5(c). (iii) For purposes of this part, the American Indian Consortium means a consortium established as described in section 102 of the DD Act (42 U.S.C. 15002). (b) In any fiscal year in which the amount appropriated to carry out this part is less than $5,500,000, a protection and advocacy system from any State or from Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, may apply for a grant under the Protection and Advocacy of Individual Rights (PAIR) program to plan for, develop outreach strategies for, and carry out a protection and advocacy program authorized under this part. (c) In any fiscal year in which the amount appropriated to carry out this part is equal to or greater than $5,500,000, an eligible system from any State and from any of the jurisdictions named in paragraph (b) of this section may apply to receive the amount allotted pursuant to section 509(c)-(e) of the Act. | |||||
| 34:34:2.1.1.1.17.1.137.3 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | A | Subpart A—General | § 381.3 What activities may the Secretary fund? | ED | (a) Funds made available under this part must be used for the following activities: (1) Establishing a system to protect, and advocate for, the rights of individuals with disabilities. (2) Pursuing legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of eligible individuals with disabilities within the State or the American Indian Consortium. (3) Providing information on and making referrals to programs and services addressing the needs of individuals with disabilities in the State or American Indian Consortium, including individuals with disabilities who are exiting from school programs. (4) Coordinating the protection and advocacy program provided through an eligible system with the advocacy programs under— (i) Section 112 of the Act (the Client Assistance Program (CAP)); (ii) The Older Americans Act of 1965 (the State long-term care ombudsman program) (42 U.S.C. 3001 et seq. ); (iii) Part C of the DD Act; and (iv) The Protection and Advocacy for Individuals with Mental Illness Act of 2000 (PAIMI) (42 U.S.C. 10801-10807). (5) Developing a statement of objectives and priorities on an annual basis and a plan for achieving these objectives and priorities. (6) Providing to the public, including individuals with disabilities and, as appropriate, their representatives, an opportunity to comment on the objectives and priorities described in § 381.10(a)(6). (7) Establishing a grievance procedure for clients or prospective clients of the eligible system to ensure that individuals with disabilities are afforded equal access to the services of the eligible system. (b) Funds made available under this part also may be used to carry out any other activities consistent with the purpose of this part and the activities listed in paragraph (a) of this section. | |||||
| 34:34:2.1.1.1.17.1.137.4 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | A | Subpart A—General | § 381.4 What regulations apply? | ED | The following regulations apply to the PAIR program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 75 (Direct Grant Programs) for purposes of an award made under § § 381.20 or 381.22(a)(1). (2) 34 CFR part 76 (State-Administered Programs), if the appropriation for the PAIR program is equal to or greater than $5,500,000 and the eligible system is a State or local government agency, except for— (i) Section 76.103; (ii) Sections 76.125 through 76.137; (iii) Sections 76.300 through 76.401; (iv) Section 76.704; (v) Section 76.734; and (vi) Section 76.740. (3) 34 CFR part 77 (Definitions that Apply to Department Regulations). (4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (5) 34 CFR part 81 (General Education Provisions Act—Enforcement). (6) 34 CFR part 82 (New Restrictions on Lobbying). (b) 2 CFR part 180 (OMB Guidelines to Agencies on Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485. (c) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474. (d) The regulations in this part 381. | |||||
| 34:34:2.1.1.1.17.1.137.5 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | A | Subpart A—General | § 381.5 What definitions apply? | ED | (a) Definitions in EDGAR at 34 CFR part 77. (b) Definitions in 2 CFR part 200 subpart A. (c) Other definitions. The following definitions also apply to this part: Act means the Rehabilitation Act of 1973, as amended. Advocacy means pleading an individual's cause or speaking or writing in support of an individual. Advocacy may be formal, as in the case of a lawyer representing an individual in a court of law or in formal administrative proceedings before government agencies (whether tribal, State, local, or Federal). Advocacy also may be informal, as in the case of a lawyer or non-lawyer representing an individual in negotiations, mediation, or informal administrative proceedings before government agencies (whether tribal, State, local, or Federal), or as in the case of a lawyer or non-lawyer representing an individual's cause before private entities or organizations, or government agencies (whether tribal, State, local, or Federal). Advocacy may be on behalf of— (i) A single individual, in which case it is individual advocacy; (ii) More than one individual or a group or class of individuals, in which case it is systems (or systemic) advocacy; or (iii) Oneself, in which case it is self advocacy. Eligible individual with a disability means an individual who— (i) Needs protection and advocacy services that are beyond the scope of services authorized to be provided by the CAP under section 112 of the Act; and (ii) Is ineligible for— (A) Protection and advocacy programs under part C of the DD Act; and (B) Protection and advocacy programs under the PAIMI. Eligible system means a protection and advocacy system that is established under part C of the DD Act and that meets the requirements of § 381.10. Mediation means the act or process of using an independent third party to act as a mediator, intermediary, or conciliator to settle differences or disputes between persons or parties. The third party who acts as a mediator, intermediary, or conciliator must not be any entity or individual who is connect… | |||||
| 34:34:2.1.1.1.17.2.137.1 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | B | Subpart B—How Does One Apply for an Award? | § 381.10 What are the application requirements? | ED | (a) Regardless of the amount of funds appropriated for the PAIR program in a fiscal year, an eligible system shall submit to the Secretary an application for assistance under this part at the time and in the form and manner determined by the Secretary that contains all information that the Secretary determines necessary, including assurances that the eligible system will— (1) Have in effect a system to protect, and advocate for, the rights of eligible individuals with disabilities; (2) Have the same general authorities, including the authority to access records and program income, as in part C of title I of the DD Act; (3) Have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of eligible individuals with disabilities within the State and the American Indian Consortium; (4) Provide information on and make referrals to programs and services addressing the needs of individuals with disabilities in the State and the American Indian Consortium, including individuals with disabilities who are exiting from school programs; (5) Develop a statement of objectives and priorities on an annual basis and a plan for achieving these objectives and priorities; (6) Provide to the public, including individuals with disabilities and, as appropriate, their representatives, an opportunity to comment on the objectives and priorities established by, and activities of, the eligible system including— (i) The objectives and priorities for the activities of the eligible system for each year and the rationale for the establishment of those objectives and priorities; and (ii) The coordination of the PAIR program provided through eligible systems with the advocacy programs under— (A) Section 112 of the Act (CAP); (B) The Older Americans Act of 1965 (the State long-term care ombudsman program); (C) Part C of the DD Act; and (D) The PAIMI; (7) Establish a grievance procedure for clients or prospective clients of the eligible system t… | |||||
| 34:34:2.1.1.1.17.3.137.1 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | C | Subpart C—How Does the Secretary Make an Award? | § 381.20 How does the Secretary evaluate an application? | ED | In any fiscal year in which the amount appropriated for the PAIR program is less than $5,500,000, the Secretary evaluates applications under the procedures in 34 CFR part 75. | |||||
| 34:34:2.1.1.1.17.3.137.2 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | C | Subpart C—How Does the Secretary Make an Award? | § 381.22 How does the Secretary allocate funds under this program? | ED | (a) In any fiscal year in which the amount appropriated for this program is equal to or greater than $5,500,000— (1) The Secretary sets aside not less than 1.8 percent but not more than 2.2 percent of the amount appropriated to provide a grant, contract, or cooperative agreement for training and technical assistance to eligible systems carrying out activities under this part. (2) After the reservation required by paragraph (a)(1) of this section, the Secretary makes allotments from the remainder of the amount appropriated in accordance with section 509(c)(2)-(d) of the Act. (b) Notwithstanding any other provision of law, in any fiscal year in which the amount appropriated for this program is equal to or greater than $5,500,000, the Secretary pays directly to an eligible system that submits an application that meets the requirements of § 381.10 the amount of the allotment to the State pursuant to section 509 of the Act, unless the State provides otherwise. (c) For any fiscal year in which the amount appropriated to carry out this program equals or exceeds $10,500,000, the Secretary shall reserve a portion, and use the portion to make a grant for the eligible system serving the American Indian Consortium. The Secretary shall make the grant in an amount of not less than $50,000 for the fiscal year. (d) Reallotment: (1) For any fiscal year in which the amount appropriated to carry out this program equals or exceeds $5,500,000 and if the Secretary determines that any amount of an allotment to an eligible system within a State will not be expended by such system in carrying out the provisions of this part, the Secretary shall make such amount available to one or more of the eligible systems that the Secretary determines will be able to use additional amounts during such year for carrying out this part. (2) Any reallotment amount made available to an eligible system for any fiscal year shall, for the purposes of this section, be regarded as an increase in the eligible system's allotment under this part for that f… | |||||
| 34:34:2.1.1.1.17.4.137.1 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | D | Subpart D—What Conditions Must Be Met After an Award? | § 381.30 How are services to be administered? | ED | (a) Each eligible system shall carry out the protection and advocacy program authorized under this part. (b) An eligible system may not award a grant or make a subaward to another entity to carry out, in whole or in part, the protection and advocacy program authorized under this part. (c) An eligible system may contract with another agency, entity, or individual to carry out the PAIR program in whole or in part, but only if the agency, entity, or individual with whom the eligible system has contracted— (1) Does not provide services under the Act or does not provide treatment, services, or habilitation to persons with disabilities; and (2) Is independent of, and not connected financially or through a board of directors to, an entity or individual that provides services under the Act or that provides treatment, services, or habilitation to persons with disabilities. (d) For purposes of paragraph (c) of this section, “services under the Act” and “treatment, services, or habilitation” does not include client assistance services under CAP, protection and advocacy services authorized under the protection and advocacy programs under part C of the DD Act and the PAIMI, or any other protection and advocacy services. | |||||
| 34:34:2.1.1.1.17.4.137.2 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | D | Subpart D—What Conditions Must Be Met After an Award? | § 381.31 What are the requirements pertaining to the protection, use, and release of personal information? | ED | (a) All personal information about individuals served by any eligible system under this part, including lists of names, addresses, photographs, and records of evaluation, must be held confidential. (b) The eligible system's use of information and records concerning individuals must be limited only to purposes directly connected with the protection and advocacy program, including program evaluation activities. Except as provided in paragraph (c) of this section, an eligible system may not disclose personal information about an individual, directly or indirectly, other than in the administration of the protection and advocacy program, unless the consent of the individual to whom the information applies, or his or her guardian, parent, or other authorized representative or advocate (including the individual's advocate from the eligible system), has been obtained in writing. An eligible system may not produce any report, evaluation, or study that reveals any personally identifying information without the written consent of the individual or his or her representative. (c) Except as limited in paragraph (d) of this section, the Secretary or other Federal or State officials responsible for enforcing legal requirements must be given complete access to all— (1) Records of the eligible system receiving funds under this program; and (2) All individual case records of clients served under this part without the consent of the client. (d)(1) The privilege of a person or eligible system not to produce documents or provide information pursuant to paragraph (c) of this section is governed by the principles of common law as interpreted by the courts of the United States, except that, for purposes of any periodic audit, report, or evaluation of the performance of the eligible system established or assisted under this part, the Secretary does not require the eligible system to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under the PAIR program. (2) … | |||||
| 34:34:2.1.1.1.17.4.137.3 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | D | Subpart D—What Conditions Must Be Met After an Award? | § 381.32 What are the reporting requirements under this part? | ED | Each eligible system shall provide to the Secretary, no later than 90 days after the end of each fiscal year, an annual report that includes information on the following: (a) The types of services and activities undertaken by the eligible system and how these services and activities addressed the objectives and priorities developed pursuant to § 381.10(a)(6). (b) The total number of individuals, by race, color, national origin, gender, age, and disabling condition, who requested services from the eligible system and the total number of individuals, by race, color, national origin, gender, age, and disabling condition, who were served by the eligible system. (c) The types of disabilities represented by individuals served by the eligible system. (d) The types of issues being addressed on behalf of individuals served by the eligible system. (e) Any other information that the Secretary may require. | |||||
| 34:34:2.1.1.1.17.4.137.4 | 34 | Education | III | 381 | PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS | D | Subpart D—What Conditions Must Be Met After an Award? | § 381.33 What are the requirements related to the use of funds provided under this part? | ED | (a) Funds made available under this part must be used to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Federal funds are provided under this part. (b) In any State in which an eligible system is located within a State agency, that State or State agency may not use more than five percent of any allotment for the costs of administration of the eligible system supported under this part. For purposes of this paragraph, “costs of administration” include, but are not limited to, administrative salaries (including salaries for clerical and support staff), supplies, depreciation, the cost of operating and maintaining facilities, equipment, and grounds ( e.g., rental of office space or equipment, telephone, postage, maintenance agreements), and other similar types of costs that may be incurred by the State or State agency to administer the eligible system. (c) Funds paid to an eligible system within a State for a fiscal year, including reallotment funds, to carry out this program that are not expended or obligated prior to the end of that fiscal year remain available to the eligible system within a State for obligation during the succeeding fiscal year in accordance with sections 19 and 509(g) of the Act. (d) For determining when an eligible system makes an obligation for various kinds of property or services, 34 CFR 75.707 and 76.707, as appropriate, apply to this program. If the appropriation for the PAIR program is less than $5,500,000, § 75.707 applies. If the appropriation for the PAIR program is equal to or greater than $5,500,000, § 76.707 applies. An eligible system is considered a State for purposes of § 76.707. (e) Program income: (1) Consistent with 2 CFR 200.80 and for purposes of this part, program income means gross income earned by the designated agency that is directly generated by an activity supported under this part. (2)(i) The designated agency must use program income to supplement Federal funds that support program activitie… | |||||
| 46:46:8.0.1.11.37.0.12.1 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.1 Purpose. | FMC | The purpose of this part 381 is to prescribe regulations to be followed by all departments and agencies having responsibility under the Cargo Preference Act of 1954, section 901(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1241(b)), in the administration of their programs with respect to that Act, and to provide a uniform system for the collection of data on the administration of such programs for use in preparing the annual reports to Congress required by that Act. | ||||||
| 46:46:8.0.1.11.37.0.12.2 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.2 Definitions. | FMC | [G.O. 103, 36 FR 6894, Apr. 10, 1971, as amended by Amdt. 1, 36 FR 10739, June 2, 1971; 36 FR 19367, Oct. 5, 1971; 42 FR 57126; Nov. 1, 1977] | (a) Cargo Preference Act of 1954 means section 901(b) of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1241(b)). (b) Cargoes subject to the Cargo Preference Act of 1954, include equipment, material or commodities: (1) Procured, contracted for or otherwise obtained within or outside the United States for the account of the United States; (2) Furnished within or outside the United States to or for the account of any foreign nation without provision for reimbursement; (3) Furnished within or outside the United States for the account of any foreign nation in connection with which the United States advances funds or credits or guarantees the convertability of foreign currencies. (4) Procured, contracted for, or otherwise obtained within or outside of the United States with advance of funds, loans or guaranties made by or on behalf of the United States. (c) Department or agency having responsibility under the Cargo Preference Act of 1954 means any department or agency of the Federal Government, administering a program that involves the transportation on ocean vessels of cargoes subject to the Cargo Preference Act of 1954. At present, these agencies include: (1) Department of State. (2) Department of Agriculture. (3) Department of Defense. (4) Post Office Department. (5) General Services Administration. (6) Export-Import Bank of the United States. (7) National Aeronautics and Space Administration. (8) Inter-American Development Bank. (9) U.S. Information Agency. (10) Department of Interior. (11) Department of Commerce. (12) Department of Treasury. (13) Department of Health, Education, and Welfare. (14) Department of Housing and Urban Development. (15) Department of Transportation. (16) Atomic Energy Commission. (17) Tennessee Valley Authority. (18) Veterans Administration. (19) Smithsonian Institution. (20) Library of Congress. (d) Liner parcel means any cargo, dry or liquid, normally carried under berth terms by common carriers in ocean trades. | |||||
| 46:46:8.0.1.11.37.0.12.3 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.3 Reporting information and procedure. | FMC | [G.O. 103, 36 FR 6894, Apr. 10, 1971, as amended at 57 FR 13047, Apr. 15, 1992] | (a) Reports of cargo preference shipments. Each department or agency subject to the Cargo Preference Act of 1954, except the Department of Defense for which separate regulations will be issued, shall furnish to the Office of National Cargo and Compliance, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590, within 20 working days of the date of loading for shipments originating in the United States or within 30 working days for shipments originating outside the United States, the following information concerning each shipment of preference cargo: (1) Identification of the sponsoring U.S. Government agency or department; (2) Name of vessel; (3) Vessel flag of registry; (4) Date of loading; (5) Port of loading; (6) Port of final discharge; (7) Commodity description; (8) Gross weight in pounds; (9) Total ocean freight revenue in U.S. dollars. (b) Format of reports. The information listed in paragraph (a) of this section shall be furnished to the Maritime Administration in a format prepared by the reporting department or agency and approved by the Maritime Administrator, Department of Transportation as suitable for the purpose of carrying out his responsibility under section 901(b)(2) of the Merchant Marine Act, 1936, as amended, pursuant to the authority delegated to him thereunder by the Secretary of Transportation under section 3 of Department Organization Order 10-8, 36 FR 1223. Where obtainable, a properly notated and legible copy of the ocean bill of lading in English will suffice. Reporting formats shall be submitted for approval by April 30, 1971. (c) Shipments made subject to the Act. In those instances where a shipment has been made that was not known to be subject to the Cargo Preference Act of 1954 when it was made, but subsequent events cause it to be subject to that Act, the agency taking the action that caused the shipment to be subject to the Act shall furnish to the Office of National Cargo and Compliance the information listed in paragraph (a) of this se… | |||||
| 46:46:8.0.1.11.37.0.12.4 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.4 Fair and reasonable participation. | FMC | [G.O. 103, Amdt. 1, 36 FR 10739, June 2, 1971] | In order to insure a fair and reasonable participation by U.S.-flag commercial vessels in liner parcel cargoes subject to the Cargo Preference Act of 1954, as required by that Act, the head of each department or agency having responsibility under that Act shall prescribe regulations or formal staff instructions providing for the cargo mix of liner parcel cargoes transported on ocean vessels to be divided between privately owned U.S.-flag vessels and foreign-flag vessels in such a manner as to yield to the U.S.-flag vessels freight revenue per long ton at least equal to the freight revenue per long ton afforded the foreign-flag vessels participating in the same grant, loan, or purchase transaction. A copy of the regulations or staff instructions prescribed by each department or agency shall be furnished to the Secretary, Maritime Administration, no later than June 30, 1971, for approval. | |||||
| 46:46:8.0.1.11.37.0.12.5 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.5 Fix American-flag tonnage first. | FMC | [G.O. 103, Amdt. 2, 36 FR 19254, Oct. 1, 1971, as amended at 57 FR 13047, Apr. 15, 1992] | Each department or agency having responsibility under the Cargo Preference Act of 1954 shall cause each full shipload of cargo subject to said act to be fixed on U.S.-flag vessels prior to any fixture on foreign-flag vessels for at least that portion of all preference cargoes required by that Act and the Food Security Act of 1985 to be shipped on U.S.-flag vessels, computed by purchase authorization or other quantitative unit satisfactory to the agency involved and the Maritime Administration, except where such department or agency determines, with the concurrence of the Maritime Administration, that (a) U.S.-flag vessels are not available at fair and reasonable rates for U.S.-flag commercial vessels, or (b) that there is a substantially valid reason for fixing foreign-flag vessels first. | |||||
| 46:46:8.0.1.11.37.0.12.6 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.6 Informal grievance procedure. | FMC | [G.O. 103, Amdt. 3, 37 FR 3641, Feb. 18, 1972, as amended at 57 FR 13047, Apr. 15, 1992] | (a) Whenever any person has a question, problem, complaint, grievance, or controversy pertaining to the terms and conditions of any tenders, charter party terms, or other matter involving the administration of the Cargo Preference Act of 1954, such person may request the Maritime Administration to afford him an opportunity to discuss the matter informally with representatives of the Maritime Administration and, if other U.S. Government agencies or foreign missions, embassies, or agencies acting on behalf of a foreign government are involved with them or persons authorized to speak for them. (b) In such cases, a request may be made by telephone or letter to the Chief, Office of Market Development, Maritime Administration, Washington, DC 20590, (202) 366-4610. When such a request has been received, the Maritime Administrator, Department of Transportation or his designated representative will promptly consider the matter on its merits and provide assistance if possible. If the matter cannot be resolved satisfactorily by the Maritime Administration, the Maritime Administrator, Department of Transportation or his designated representative will then arrange for a meeting at a time and place satisfactory to all interested parties so that the matter may be freely discussed and resolved. (c) At such meetings, the Maritime Administrator, Department of Transportation or his designated representative may request any U.S. Government agency, foreign mission, embassy, or agency acting on behalf of a foreign government, or others having an interest in the matter to attend such a conference, or to send representatives authorized to speak for them. All such meetings and conferences will be conducted in an informal manner. | |||||
| 46:46:8.0.1.11.37.0.12.7 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.7 Federal Grant, Guaranty, Loan and Advance of Funds Agreements. | FMC | [42 FR 57126, Nov. 1, 1977] | In order to insure a fair and reasonable participation by privately owned United States-flag commercial vessels in transporting cargoes which are subject to the Cargo Preference Act of 1954 and which are generated by U.S. Government Grant, Guaranty, Loan and/or Advance of Funds Programs, the head of each affected department or agency shall require appropriate clauses to be inserted in those Grant, Guaranty, Loan and/or Advance of Funds Agreements and all third party contracts executed between the borrower/grantee and other parties, where the possibility exists for ocean transportation of items procurred, contracted for or otherwise obtained by or on behalf of the grantee, borrower, or any of their contractors or subcontractors. The clauses required by this part shall provide that at least 50 percent of the freight revenue and tonnage of cargo generated by the U.S. Government Grant, Guaranty, Loan or Advance of Funds be transported on privately owned United States-flag commercial vessels. These clauses shall also require that all parties provide to the Maritime Administration the necessary shipment information as set forth in § 381.3. A copy of the appropriate clauses required by this part shall be submitted by each affected agency or department to the Secretary, Maritime Administration, for approval no later than 30 days after the effective date of this part. The following are suggested acceptable clauses with respect to the use of United States-flag vessels to be incorporated in the Grant, Guaranty, Loan and/or Advance of Funds Agreements as well as contracts and subcontracts resulting therefrom: (a) Agreement Clauses. “Use of United States-flag vessels: “(1) Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-flag… | |||||
| 46:46:8.0.1.11.37.0.12.8 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.8 Subsidized vessel participation. | FMC | [53 FR 24272, June 28, 1988] | (a) For the purpose of approving subsidized U.S.-flag liner and bulk vessels competing for the carriage of dry bulk preference cargoes, each department or agency having responsibility under the Cargo Preference Act of 1954 (46 U.S.C. 1214(b)), shall evaluate bids received from the operators of such vessels in the manner described in this section. (b) When a subsidized vessel operator is the apparent low U.S.-flag responsive bidder for a dry bulk preference cargo, the responsible department or agency shall evaluate the subsidized operator's bid by: (1) Requesting from MARAD an amount for the operating-differential subsidy (ODS) likely to be paid for the carriage of such cargo expressed as a cost per ton for performing the voyage by the apparent low responsive subsidized bidders; (2) Deriving “augmented bids” for the subsidized operators by adding the ODS amount to each subsidized operator's bid; (3) Comparing the augmented bids of the subsidized operators and the bids of unsubsidized operators to determine the apparent low responsive bidder; (4) Requesting from MARAD a fair and reasonable guideline rate for the apparent low responsive bidder which shall be based on MARAD's calculation of anticipated costs (less ODS in the case of a subsidized vessel) for the voyage plus a reasonable amount for profit for the voyage; and (5) Determining whether the subsidized operator's unaugmented bid or the unsubsidized operator's bid, whichever was determined to be the lowest responsive bid pursuant to paragraph (b)(3) of this section, is at or below the fair and reasonable guideline rate. (c) If the amount of dry bulk cargo to be shipped is changed at any time prior to award, the department or agency shall request that MARAD provide new ODS amounts applicable to the carriage. The department or agency shall redetermine the augmented bids before determining the lowest responsive bid and requesting from MARAD a revised fair and reasonable guideline rate in accordance with the provisions of paragraph (b) of this section. (d… | |||||
| 46:46:8.0.1.11.37.0.12.9 | 46 | Shipping | II | J | 381 | PART 381—CARGO PREFERENCE—U.S.-FLAG VESSELS | § 381.9 Available U.S.-flag service. | FMC | [61 FR 24897, May 17, 1996] | For purposes of shipping bulk agricultural commodities under programs administered by sponsoring Federal agencies from U.S. Great Lakes ports during the 1996-2000 Great Lakes shipping seasons, if direct all-U.S.-flag service, at fair and reasonable rates, is not available at U.S. Great Lakes ports, a joint service involving a foreign-flag vessel(s) carrying cargo no farther than a Canadian port(s) or other point(s) on the Gulf of St. Lawrence, with transshipment via a U.S.-flag privately-owned commercial vessel to the ultimate foreign destination, will be deemed to comply with the requirement of “available” commercial U.S.-flag service under the Cargo Preference Act of 1954. Shipper agencies considering bids resulting in the lowest landed cost of transportation based on U.S.-flag rates and service shall include within the comparison of U.S.-flag rates and service, for shipments originating in U.S. Great Lakes ports, through rates (if offered) to a Canadian port or other point on the Gulf of St. Lawrence and a U.S.-flag leg for the remainder of the voyage. The “fair and reasonable” rate for this mixed service will be determined by considering the U.S.-flag component under the existing regulations at 46 CFR part 382 or 383, as appropriate, and incorporating the cost for the foreign-flag component into the U.S.-flag “fair and reasonable” rate in the same way as the cost of foreign-flag vessels used to lighten U.S.-flag vessels in the recipient country's territorial waters. Alternatively, the supplier of the commodity may offer the Cargo FOB Canadian transshipment point, and MARAD will determine fair and reasonable rates accordingly. | |||||
| 49:49:5.1.1.2.23.1.11.1 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | A | Subpart A—General | § 381.100 What is the purpose of this part? | FHWA | This part prescribes the rules and procedures for requesting waivers and applying for exemptions from those provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) which were issued on the authority of 49 U.S.C. 31136 or chapter 313, and the initiation and administration of pilot programs. | ||||
| 49:49:5.1.1.2.23.1.11.2 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | A | Subpart A—General | § 381.105 Who is required to comply with the rules in this part? | FHWA | (a) You must comply with the rules in this part if you are going to request a waiver or apply for an exemption. (b) You should follow the instructions in subpart D of this part if you would like to recommend the agency initiate a pilot program. | ||||
| 49:49:5.1.1.2.23.1.11.3 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | A | Subpart A—General | § 381.110 What definitions are applicable to this part? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 80 FR 59072, Oct. 1, 2015; 86 FR 35639, July 7, 2021] | Commercial motor vehicle means any motor vehicle that meets the definition of “commercial motor vehicle” found at 49 CFR 382.107 concerning controlled substances and alcohol use and testing, 49 CFR 383.5 concerning commercial driver's license standards, or 49 CFR 390.5 concerning parts 390 through 399 of the FMCSRs. Federal Motor Carrier Safety Administrator (the Administrator) means the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. FMCSRs means Federal Motor Carrier Safety Regulations (49 CFR parts 380, 382, 383, and 384; 49 CFR 390.19 and 390.21; and 49 CFR parts 391 through 393, 395, 396, and 399). You means an individual or motor carrier or other entity that is, or will be, responsible for the operation of a CMV(s). The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. You also includes any interested party who would like to suggest or recommend that the FMCSA initiate a pilot program. | |||
| 49:49:5.1.1.2.23.2.11.1 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | B | Subpart B—Procedures for Requesting Waivers | § 381.200 What is a waiver? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 86 FR 35639, July 7, 2021; 86 FR 57069, Oct. 14, 2021] | (a) A waiver is temporary regulatory relief from one or more FMCSR given to a person subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations. (b) A waiver provides the person with relief from the regulations for up to three months. (c) A waiver is intended for nonemergency and unique events, and is subject to conditions imposed by the Administrator. (d) Waivers may only be granted from one or more of the requirements contained in the following parts and sections of the FMCSRs: (1) Part 380—Special Training Requirements; (2) Part 382—Controlled Substances and Alcohol Use and Testing; (3) Part 383—Commercial Driver's License Standards; Requirements and Penalties; (4) Part 384—State Compliance with Commercial Driver's License Program; (5) § 390.19 Motor Carrier Identification Report; (6) § 390.21 Marking of commercial motor vehicles; (7) Part 391—Qualifications of Drivers; (8) Part 392—Driving of Commercial Motor Vehicles; (9) Part 393—Parts and Accessories Necessary for Safe Operation; (10) Part 395—Hours of Service of Drivers; (11) Part 396—Inspection, Repair, and Maintenance (except § 396.25); and (12) Part 399—Step, Handhold and Deck Requirements. | |||
| 49:49:5.1.1.2.23.2.11.2 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | B | Subpart B—Procedures for Requesting Waivers | § 381.205 How do I determine when I may request a waiver? | FHWA | (a) You may request a waiver if one or more FMCSR would prevent you from using or operating CMVs, or make it unreasonably difficult to do so, during a unique, non-emergency event that will take no more than three months to complete. (b) Before you decide to request a waiver, you should carefully review the regulation to determine whether there are any practical alternatives already available that would allow your use or operation of CMVs during the event. You should also determine whether you need a waiver from all of the requirements in one or more parts of the regulations, or whether a more limited waiver of certain sections within one or more of the parts of the regulations would provide an acceptable level of regulatory relief. For example, if you need relief from one of the recordkeeping requirements concerning driver qualifications, you should not request relief from all of the requirements of part 391. | ||||
| 49:49:5.1.1.2.23.2.11.3 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | B | Subpart B—Procedures for Requesting Waivers | § 381.210 How do I request a waiver? | FHWA | [72 FR 67608, Dec. 8, 1998, as amended at 72 FR 55699, Oct. 1, 2007; 89 FR 90619, Nov. 18, 2024] | (a) You must send a written request (for example, a typed or handwritten (printed) letter), which includes all of the information required by this section, to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. (b) You must identify the person who would be covered by the waiver. The application for a waiver must include: (1) Your name, job title, mailing address, and daytime telephone number; (2) The name of the individual, motor carrier, or other entity that would be responsible for the use or operation of CMVs during the unique, non-emergency event; (3) Principal place of business for the motor carrier or other entity (street address, city, State, and zip code); and (4) The USDOT identification number for the motor carrier, if applicable. (c) You must provide a written statement that: (1) Describes the unique, non-emergency event for which the waiver would be used, including the time period during which the waiver is needed; (2) Identifies the regulation that you believe needs to be waived; (3) Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the waiver; and (4) Explains how you would ensure that you could likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. | |||
| 49:49:5.1.1.2.23.2.11.4 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | B | Subpart B—Procedures for Requesting Waivers | § 381.215 What will the FMCSA do after the agency receives my request for a waiver? | FHWA | (a) The Federal Motor Carrier Safety Administration will review your request and make a recommendation to the Administrator. The final decision whether to grant or deny the application for a waiver will be made by the Administrator. (b) After a decision is signed by the Administrator, you will be sent a copy of the document, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver. | ||||
| 49:49:5.1.1.2.23.2.11.5 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | B | Subpart B—Procedures for Requesting Waivers | § 381.220 How long will it take the agency to respond to my request for a waiver? | FHWA | You should receive a response from the agency within 60 calendar days from the date the Administrator receives your request. However, depending on the complexity of the issues discussed in your application, and the availability of staff to review the material, a final decision may take up to 120 days. | ||||
| 49:49:5.1.1.2.23.2.11.6 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | B | Subpart B—Procedures for Requesting Waivers | § 381.225 Who should I contact if I have questions about the information I am required to submit to FMCSA or about the status of my request for a waiver? | FHWA | [88 FR 80180, Nov. 17, 2023] | You should contact the Federal Motor Carrier Safety Administration, Office of Carrier, Driver & Vehicle Safety (MC-PS), 1200 New Jersey Ave. SE, Washington, DC 20590-0001. | |||
| 49:49:5.1.1.2.23.3.11.1 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.300 What is an exemption? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 81 FR 47720, July 22, 2016; 86 FR 35639, July 7, 2021] | (a) An exemption is temporary regulatory relief from one or more FMCSR given to a person or class of persons subject to the regulations, or who intend to engage in an activity that would make them subject to the regulations. (b) An exemption provides the person or class of persons with relief from the regulations for up to 5 years, and may be renewed, upon request, for subsequent 5-year periods. (c) Exemptions may only be granted from one or more of the requirements contained in the following parts and sections of the FMCSRs: (1) Part 380—Special Training Requirements; (2) Part 382—Controlled Substances and Alcohol Use and Testing; (3) Part 383—Commercial Driver's License Standards; Requirements and Penalties; (4) Part 384—State Compliance with Commercial Driver's License Program; (5) Part 391—Qualifications of Drivers; (6) Part 392—Driving of Commercial Motor Vehicles; (7) Part 393—Parts and Accessories Necessary for Safe Operation; (8) Part 395—Hours of Service of Drivers; (9) Part 396—Inspection, Repair, and Maintenance (except for § 396.25); and (10) Part 399—Step, Handhold and Deck Requirements. | |||
| 49:49:5.1.1.2.23.3.11.2 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.305 How do I determine when I may apply for an exemption? | FHWA | (a) You may apply for an exemption if one or more FMCSR prevents you from implementing more efficient or effective operations that would maintain a level of safety equivalent to, or greater than, the level achieved without the exemption. (b) Before you decide to apply for an exemption you should carefully review the regulation to determine whether there are any practical alternatives already available that would allow you to conduct your motor carrier operations. You should also determine whether you need an exemption from all of the requirements in one or more parts of the regulations, or whether a more limited exemption from certain sections within one or more parts of the regulations would provide an acceptable level of regulatory relief. For example, if you need regulatory relief from one of the recordkeeping requirements concerning driver qualifications, you should not request regulatory relief from all of the requirements of part 391. | ||||
| 49:49:5.1.1.2.23.3.11.3 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.310 How do I apply for an exemption? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007; 69 FR 29404, May 21, 2004, 78 FR 58479, Sept. 24, 2013; 89 FR 90619, Nov. 18, 2024] | (a) You must send a written request (for example, a typed or handwritten (printed) letter), which includes all of the information required by this section, to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. (b) You must identify the person or class of persons who would be covered by the exemption. The application for an exemption must include: (1) Your name, job title, mailing address, and daytime telephone number; (2) The name of the individual or motor carrier that would be responsible for the use or operation of CMVs; (3) Principal place of business for the motor carrier (street address, city, State, and zip code); and (4) The USDOT identification number for the motor carrier. (c) You must provide a written statement that: (1) Describes the reason the exemption is needed, including the time period during which it is needed; (2) Identifies the regulation from which you would like to be exempted; (3) Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the exemption; (4) Assesses the safety impacts the exemption may have; (5) Explains how you would ensure that you could likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved absent such exemption; and (6) Describes the impacts (e.g., inability to test innovative safety management control systems, etc.) you could experience if the exemption is not granted by the FMCSA. (d) Your application must include a copy of all research reports, technical papers, and other publications and documents you reference. | |||
| 49:49:5.1.1.2.23.3.11.4 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.315 What will FMCSA do after the agency receives my application for an exemption? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007; 88 FR 80180, Nov. 17, 2023] | (a) The Federal Motor Carrier Safety Administration will review your application and prepare, for the Administrator's signature, a Federal Register notice requesting public comment on your application for an exemption. The notice will give the public an opportunity to review your request and your safety assessment or analysis (required by § 381.310) and any other relevant information known to the agency. (b) After a review of the comments received in response to the Federal Register notice described in paragraph (a) of this section, the Federal Motor Carrier Safety Administration will make a recommendation(s) to the Administrator either to grant or to deny the exemption. Notice of the Administrator's decision will be published in the Federal Register . (c)(1) If the exemption is granted, the notice will identify the provisions of the FMCSRs from which you will be exempt, the effective period, and all terms and conditions of the exemption. (2) If the exemption is denied, the notice will explain the reason for the denial. (d) A copy of your application for an exemption and all comments received in response to the Federal Register notice will be included in a public docket and be available for review by interested parties. (1) Interested parties may view the information contained in the docket by visiting Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001. All information in the exemption docket will be available for examination at this address from 10 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. (2) Internet users can access all information received by Dockets Operations, U.S. Department of Transportation by using the Federal Docket Management System using the uniform resources locator (URL): https://www.regulations.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions online for more information and help. | |||
| 49:49:5.1.1.2.23.3.11.5 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.317 May I resubmit my application for exemption if it is denied? | FHWA | [81 FR 47720, July 22, 2016] | If the Administrator denies your application for exemption and you can reasonably address the reasons for denial, you may resubmit your application following the procedures in § 381.310. | |||
| 49:49:5.1.1.2.23.3.11.6 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.320 How long will it take the agency to respond to my application for an exemption? | FHWA | The agency will attempt to issue a final decision within 180 days of the date it receives your application. However, if you leave out important details or other information necessary for the FMCSA to prepare a meaningful request for public comments, the agency will attempt to issue a final decision within 180 days of the date it receives the additional information. | ||||
| 49:49:5.1.1.2.23.3.11.7 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.325 Who should I contact if I have questions about the information I am required to submit to the FMCSA or about the status of my application for an exemption? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007] | You should contact the Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. | |||
| 49:49:5.1.1.2.23.3.11.8 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | C | Subpart C—Procedures for Applying for Exemptions | § 381.330 What am I required to do if the FMCSA grants my application for an exemption? | FHWA | (a) You must comply with all the terms and conditions of the exemption. (b) The FMCSA will immediately revoke your exemption if: (1) You fail to comply with the terms and conditions of the exemption; (2) The exemption has resulted in a lower level of safety than was maintained before the exemption was granted; or (3) Continuation of the exemption is determined by the FMCSA to be inconsistent with the goals and objectives of the FMCSRs. | ||||
| 49:49:5.1.1.2.23.4.11.1 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | D | Subpart D—Initiation of Pilot Programs | § 381.400 What is a pilot program? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 86 FR 35639, July 7, 2021] | (a) A pilot program is a study in which temporary regulatory relief from one or more FMCSR is given to a person or class of persons subject to the regulations, or a person or class of persons who intend to engage in an activity that would be subject to the regulations. (b) During a pilot program, the participants would be given an exemption from one or more sections or parts of the regulations for a period of up to three years. (c) A pilot program is intended for use in collecting specific data for evaluating alternatives to the regulations or innovative approaches to safety while ensuring that the safety performance goals of the regulations are satisfied. (d) The number of participants in the pilot program must be large enough to ensure statistically valid findings. (e) Pilot programs must include an oversight plan to ensure that participants comply with the terms and conditions of participation, and procedures to protect the health and safety of study participants and the general public. (f) Exemptions for pilot programs may be granted only from one or more of the requirements contained in the following parts and sections of the FMCSRs: (1) Part 380—Special Training Requirements; (2) Part 382—Controlled Substances and Alcohol Use and Testing; (3) Part 383—Commercial Driver's License Standards; Requirements and Penalties; (4) Part 384—State Compliance with Commercial Driver's License Program; (5) Part 391—Qualifications of Drivers; (6) Part 392—Driving of Commercial Motor Vehicles; (7) Part 393—Parts and Accessories Necessary for Safe Operation; (8) Part 395—Hours of Service of Drivers; (9) Part 396—Inspection, Repair, and Maintenance (except for § 396.25); and (10) Part 399—Step, Handhold and Deck Requirements. | |||
| 49:49:5.1.1.2.23.4.11.2 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | D | Subpart D—Initiation of Pilot Programs | § 381.405 Who determines whether a pilot program should be initiated? | FHWA | (a) Generally, pilot programs are initiated by the FMCSA when the agency determines that there may be an effective alternative to one or more of the requirements in the FMCSRs, but does not have sufficient research data to support the development of a notice of proposed rulemaking to change the regulation. (b) You may request the FMCSA to initiate a pilot program. However, the decision of whether to propose a pilot program will be made at the discretion of the FMCSA. The FMCSA is not required to publish a notice in the Federal Register requesting public comment on your ideas or suggestions for pilot programs. | ||||
| 49:49:5.1.1.2.23.4.11.3 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | D | Subpart D—Initiation of Pilot Programs | § 381.410 What may I do if I have an idea or suggestion for a pilot program? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007; 78 FR 58479, Sept. 24, 2013] | (a) You may send a written statement (for example, a typed or handwritten (printed) letter) to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001. (b) You should identify the persons or class of persons who would be covered by the pilot program exemptions. Your letter should include: (1) Your name, job title, mailing address, and daytime telephone number; (2) The name of the individuals or motor carrier that would be responsible for the use or operation of CMVs covered by the pilot program, if there are motor carriers that have expressed an interest in participating in the program; (3) Principal place of business for the motor carrier (street address, city, State, and zip code); and (4) The USDOT identification number for the motor carrier. (c) You should provide a written statement that: (1) Presents your estimate of the potential benefits to the motor carrier industry, the FMCSA, and the general public if the pilot program is conducted, and describes how you developed your estimate; (2) Estimates of the amount of time that would be needed to conduct the pilot program (e.g., the time needed to complete the collection and analysis of data); (3) Identifies the regulation from which the participants would need to be exempted; (4) Recommends a reasonable number of participants necessary to yield statistically valid findings; (5) Provides ideas or suggestions for a monitoring plan to ensure that participants comply with the terms and conditions of participation; (6) Provides ideas or suggestions for a plan to protect the health and safety of study participants and the general public. (7) Assesses the safety impacts the pilot program exemption may have; and (8) Provides recommendations on how the safety measures in the pilot project would be designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. (d) Your recommendation should include a copy… | |||
| 49:49:5.1.1.2.23.4.11.4 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | D | Subpart D—Initiation of Pilot Programs | § 381.415 Who should I contact if I have questions about the information to be included in my suggestion? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 72 FR 55700, Oct. 1, 2007] | You should contact the Federal Motor Carrier Safety Administration, Office of Bus and Truck Standards and Operations (MC-PS), 1200 New Jersey Ave., SE., Washington, DC 20590-0001. | |||
| 49:49:5.1.1.2.23.4.11.5 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | D | Subpart D—Initiation of Pilot Programs | § 381.420 What will the FMCSA do after the agency receives my suggestion for a pilot program? | FHWA | (a) The Federal Motor Carrier Safety Administration will review your suggestion for a pilot program and make a recommendation to the Administrator. The final decision whether to propose the development of a pilot program based upon your recommendation will be made by the Administrator. (b) You will be sent a copy of the Administrator's decision. If the pilot program is approved, the agency will follow the administrative procedures contained in subpart E of this part. | ||||
| 49:49:5.1.1.2.23.5.11.1 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | E | Subpart E—Administrative Procedures for Pilot Programs | § 381.500 What are the general requirements the agency must satisfy in conducting a pilot program? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 78 FR 60231, Oct. 1, 2013] | (a) The FMCSA may conduct pilot programs to evaluate alternatives to regulations, or innovative approaches, concerning motor carrier, CMV, and driver safety. (b) Pilot programs may include exemptions from the regulations listed in § 381.400(f) of this part. (c) Pilot programs must, at a minimum, include all of the program elements listed in § 381.505. (d) The FMCSA will publish a detailed description of each pilot program, including the exemptions to be considered, and provide notice and an opportunity for public comment before the effective date of the pilot program. | |||
| 49:49:5.1.1.2.23.5.11.2 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | E | Subpart E—Administrative Procedures for Pilot Programs | § 381.505 What are the minimum elements required for a pilot program? | FHWA | [63 FR 67608, Dec. 8, 1998, as amended at 89 FR 90619, Nov. 18, 2024] | (a) Safety measures. Before granting exemptions for a pilot program, the FMCSA will ensure that the safety measures in a pilot program are designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would otherwise be achieved through compliance with the regulations prescribed. (b) Pilot program plan. Before initiating a pilot program, the FMCSA will ensure that there is a pilot program plan which includes the following elements: (1) A scheduled duration of three years or less; (2) A specific data collection and safety analysis plan that identifies a method of comparing the safety performance for motor carriers, CMVs, and drivers operating under the terms and conditions of the pilot program, with the safety performance of motor carriers, CMVs, and drivers that comply with the regulation; (3) A reasonable number of participants necessary to yield statistically valid findings; (4) A monitoring plan to ensure that participants comply with the terms and conditions of participation in the pilot program; (5) Adequate safeguards to protect the health and safety of study participants and the general public; and (6) A plan to inform the States and the public about the pilot program and to identify approved participants to enforcement personnel and the general public. | |||
| 49:49:5.1.1.2.23.5.11.3 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | E | Subpart E—Administrative Procedures for Pilot Programs | § 381.510 May the FMCSA end a pilot program before its scheduled completion date? | FHWA | The FMCSA will immediately terminate a pilot program if there is reason to believe the program is not achieving a level of safety that is at least equivalent to the level of safety that would be achieved by complying with the regulations. | ||||
| 49:49:5.1.1.2.23.5.11.4 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | E | Subpart E—Administrative Procedures for Pilot Programs | § 381.515 May the FMCSA remove approved participants from a pilot program? | FHWA | The Administrator will immediately revoke participation in a pilot program of a motor carrier, CMV, or driver for failure to comply with the terms and conditions of the pilot program, or if continued participation is inconsistent with the goals and objectives of the safety regulations. | ||||
| 49:49:5.1.1.2.23.5.11.5 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | E | Subpart E—Administrative Procedures for Pilot Programs | § 381.520 What will the FMCSA do with the results from a pilot program? | FHWA | At the conclusion of each pilot program, the FMCSA will report to Congress the findings and conclusions of the program and any recommendations it considers appropriate, including suggested amendments to laws and regulations that would enhance motor carrier, CMV, and driver safety and improve compliance with the FMCSRs. | ||||
| 49:49:5.1.1.2.23.6.11.1 | 49 | Transportation | III | B | 381 | PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS | F | Subpart F—Preemption of State Rules | § 381.600 Do waivers, exemptions, and pilot programs preempt State laws and regulations? | FHWA | Yes. During the time period that a waiver, exemption, or pilot program authorized by this part is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with the waiver, exemption, or pilot program with respect to a person operating under the waiver or exemption or participating in the pilot program. | ||||
| 9:9:2.0.2.1.35.1.40.1 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | A | Subpart A—Definitions | § 381.1 Definitions. | FSIS | [37 FR 9706; May 16, 1972, as amended at 39 FR 4568, Feb. 5, 1974; 40 FR 42338, Sept. 12, 1975; 48 FR 6091, Feb. 10, 1983; 49 FR 2236, Jan. 19, 1984; 49 FR 3643, Jan. 30, 1984; 49 FR 47478, Dec. 5, 1984; 51 FR 37709, Oct. 24, 1986; 64 FR 745, Jan. 6, 1999; 64 FR 56416, Oct. 20, 1999; 66 FR 1770, Jan. 9, 2001; 66 FR 22905, May 7, 2001; 67 FR 13258, Mar. 22, 2002; 69 FR 255, Jan. 5, 2004; 79 FR 56233, Sept. 19, 2014] | (a) For the purposes of the regulations in this part, unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa. (b) For the purposes of such regulations, unless otherwise required by the context, the following terms shall be construed, respectively, to mean: Acceptable. “Acceptable” means suitable for the purpose intended and acceptable to the Administrator. Act. “Act” means the Poultry Products Inspection Act (71 Stat. 441, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451 et seq. ). Adulterated. “Adulterated” applies to any poultry product under one or more of the following circumstances: (i) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such article shall not be considered adulterated under this clause if the quantity of such substance in or on such article does not ordinarily render it injurious to health; (ii)( a ) If it bears or contains (by reason of administration of any substance to the live poultry or otherwise) any added poisonous or added deleterious substance (other than one which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive) which may, in the judgment of the Administrator, make such article unfit for human food; ( b ) If it is, in whole or part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act; ( c ) If it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act; ( d ) If it bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act: Provided, That an article which is not otherwise deemed adulterated under paragraphs (b)(4… | |||
| 9:9:2.0.2.1.35.10.40.1 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | J | Subpart J—Ante Mortem Inspection | § 381.70 Ante mortem inspection; when required; extent. | FSIS | [37 FR 9706, May 16, 1972, as amended at 66 FR 22906, May 7, 2001] | (a) An ante mortem inspection of poultry shall, where and to the extent considered necessary by the Administrator and under such instructions as he may issue from time to time, be made of poultry on the day of slaughter in any official establishment. (b) The examination and inspection of ratites will be on the day of slaughter, except: (1) When it is necessary for humane reasons to slaughter an injured animal at night or on a Sunday or holiday, and the FSIS veterinary medical officer cannot be obtained; or (2) In low volume establishments, when ante mortem inspection cannot be done on the day of slaughter, and the birds to be slaughtered have received ante mortem inspection in the last 24 hours, provided the establishment has an identification and control system over birds that have received ante mortem inspection. | |||
| 9:9:2.0.2.1.35.10.40.2 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | J | Subpart J—Ante Mortem Inspection | § 381.71 Condemnation on ante mortem inspection. | FSIS | [37 FR 9706, May 16, 1972, as amended at 66 FR 22906, May 7, 2001; 67 FR 13258, Mar. 22, 2002] | (a) Birds plainly showing on ante mortem inspection any disease or condition, that under §§ 381.80 to 381.93, inclusive, would cause condemnation of their carcasses on post mortem inspection, shall be condemned. Birds which on ante mortem inspection are condemned shall not be dressed, nor shall they be conveyed into any department of the official establishment where poultry products are prepared or held. Poultry which has been condemned on ante mortem inspection and has been killed or died otherwise shall under the supervision of an inspector of the Inspection Service, be disposed of as provided in § 381.95. (b) Dead-on-arrival ratites and ratites condemned on ante mortem inspection will be tagged “U.S. Condemned” by an establishment employee under FSIS supervision and disposed of by one of the methods prescribed in § 381.95. (c) All seriously crippled ratites and non-ambulatory ratites, commonly termed “downers,” shall be identified as “U.S. Suspects.” (d) Ratites exhibiting signs of drug or chemical poisoning shall be withheld from slaughter. (e) Ratites identified as “U.S. Suspects” or “U.S. Condemned” may be set aside for treatment. The “U.S. Suspect” or “U.S. Condemned” identification device will be removed by an establishment employee under FSIS supervision following treatment if the bird is found to be free of disease. Such a bird found to have recovered from the condition for which it was treated may be released for slaughter or for purposes other than slaughter, provided that in the latter instance permission is first obtained from the local, State, or Federal sanitary official having jurisdiction over movement of such birds. (f) When it is necessary for humane reasons to slaughter an injured ratite at night or Sunday or a holiday, and the Agency veterinary medical officer cannot be obtained, the carcass and all parts shall be kept for inspection, with the head and all viscera except the gastrointestinal tract held by the natural attachment. If all parts are not so kept for inspection, the carcass s… | |||
| 9:9:2.0.2.1.35.10.40.3 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | J | Subpart J—Ante Mortem Inspection | § 381.72 Segregation of suspects on ante mortem inspection. | FSIS | [66 FR 22906, May 7, 2001] | (a) All birds, except ratites, that on ante mortem inspection do not plainly show, but are suspected of being affected with, any disease or condition that under §§ 381.80 to 381.93 of this Part may cause condemnation in whole or in part on post mortem inspection, shall be segregated from the other poultry and held for separate slaughter, evisceration, and post mortem inspection. The inspector shall be notified when such segregated lots are presented for post mortem inspection, and inspection of such birds shall be conducted separately. Such procedure for the correlation of ante mortem and post mortem findings by the inspector, as may be prescribed or approved by the Administrator, shall be carried out. (b) All ratites showing symptoms of disease will be segregated, individually tagged as “U.S. Suspects” by establishment personnel under FSIS supervision with a serially numbered metal or plastic leg band or tag bearing the term “U.S. Suspect,” and held for further examination by an FSIS veterinarian. Depending upon the findings of the veterinarian's examination, these birds will either be passed for regular slaughter, slaughtered as suspects, withheld from slaughter, or condemned on ante mortem. Those ratites affected with conditions that would be readily detected on post mortem inspection need not be individually tagged on ante mortem inspection with the “U.S. Suspect” tag provided that such ratites are segregated and otherwise handled as “U.S. Suspects.” All ratites identified as “U.S. Condemned” shall be tagged by establishment personnel, under FSIS supervision, with a serially numbered metal or plastic leg band or tag bearing the term “U.S. Condemned.” | |||
| 9:9:2.0.2.1.35.10.40.4 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | J | Subpart J—Ante Mortem Inspection | § 381.73 Quarantine of diseased poultry. | FSIS | If live poultry, which is affected by any contagious disease which is transmissible to man, is brought into an official establishment, such poultry shall be segregated. The slaughtering of such poultry shall be deferred and the poultry shall be dealt with in one of the following ways: (a) If it is determined by a veterinary inspector that further handling of the poultry will not create a health hazard, the lot shall be slaughtered separately, subject to ante mortem and post mortem inspection pursuant to the regulations. (b) If it is determined by a veterinary inspector that further handling of the poultry will create a health hazard, such poultry may be released for treatment under the control of an appropriate State or Federal agency. If the circumstances are such that release for treatment is impracticable, a careful bird-by-bird ante mortem inspection shall be made, and all birds found to be, or which are suspected of being, affected with a contagious disease transmissible to man shall be condemned. | ||||
| 9:9:2.0.2.1.35.10.40.5 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | J | Subpart J—Ante Mortem Inspection | § 381.74 Poultry suspected of having biological residues. | FSIS | [47 FR 41336, Sept. 20, 1982] | When any poultry at an official establishment is suspected of having been treated with or exposed to any substance that may impart a biological residue that would make their edible tissues adulterated, they shall, at the option of the operator of the establishment, be processed at the establishment and the carcasses and all parts thereof retained under U.S. Retained tags, pending final disposition in accordance with § 381.80, of this part, and other provisions in subpart K; or they shall be slaughtered at the establishment and buried or incinerated in a manner satisfactory to the inspector. Alternatively, such poultry may be returned to the grower, if further holding is likely to result in their not being adulterated by reason of any residue. The Inspection Service will notify the other Federal and State agencies concerned of such action. To aid in determining the amount of residue present in the poultry, officials of the Inspection Service may permit the slaughter of any such poultry for the purpose of collecting tissues for analysis of the residue. Such analysis may include the use of inplant screening procedures designed to detect the presence of antimicrobial residues in any species of poultry. | |||
| 9:9:2.0.2.1.35.10.40.6 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | J | Subpart J—Ante Mortem Inspection | § 381.75 Poultry used for research. | FSIS | [37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974] | (a) No poultry used in any research investigation involving an experimental biological product, drug, or chemical shall be eligible for slaughter at an official establishment unless the operator of such establishment, the sponsor of the investigation, or the investigator has submitted to the Inspection Service, or the Veterinary Biologics unit of Veterinary Services, Animal and Plant Health Inspection Service of the Department or the Environmental Protection Agency, or the Food and Drug Administration of the Department of Health, Education, and Welfare, data or a summary evaluation of the data which demonstrates that the use of such biological product, drug, or chemical will not result in the products of such poultry being adulterated, and the Administrator has approved such slaughter. | |||
| 9:9:2.0.2.1.35.11.40.1 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.76 Post-mortem inspection under Traditional Inspection, the Streamlined Inspection System (SIS), the New Line Speed (NELS) Inspection System, the New Poultry Inspection System (NPIS), the New Turkey Inspection System (NTI), and Ratite Inspection. | FSIS | [47 FR 23435, May 28, 1982, as amended at 49 FR 42555, Oct. 23, 1984; 50 FR 37513, Sept. 16, 1985; 50 FR 38097, Sept. 20, 1985; 51 FR 3574, Jan. 29, 1986; 53 FR 46861, Nov. 21, 1988; 62 FR 5143, Feb. 4, 1997; 65 FR 34390, May 30, 2000; 66 FR 22906, May 7, 2001; 79 FR 49635, Aug. 21, 2014; 88 FR 55913, Aug. 17, 2023] | (a) A post-mortem inspection shall be made on a bird-by-bird basis on all poultry eviscerated in every official establishment. Each carcass, or all parts comprising such carcass, must be examined by an inspector, except for parts that are not needed for inspection purposes and are not intended for human food and are condemned. Each carcass eviscerated shall be prepared as ready-to-cook poultry. (b)(1) There are six systems of post-mortem inspection: the New Poultry Inspection System (NPIS), which may be used for young chickens and turkeys; the Streamlined Inspection System (SIS) and the New Line Speed Inspection System (NELS), both of which may be used only for broilers and cornish game hens; the New Turkey Inspection (NTI) System, which may be used only for turkeys; Traditional Inspection, which may be used for all poultry, except for ratites; and Ratite Inspection. (i) The SIS shall be used only for broilers and cornish game hens if: ( a ) The Administrator determines that SIS will increase inspector efficiency; or ( b ) The operator requests SIS and the Administrator determines that the system will result in no loss of inspection efficiency. (ii) The NELS Inspection System shall be used only for broilers and cornish game hens if: ( a ) The operator requests the NELS Inspection System, and ( b ) The Administrator determines that the establishment has the intent and capability to operate at line speeds greater than 70 birds per minute, and meets all the facility requirements in § 381.36(d). (iii) The NTI System shall be used only for turkeys if: ( a ) The operator requests it, and ( b ) The Administrator determines that the establishment meets all the facility requirements in § 381.36(e). (iv) The NPIS may be used for young chickens and turkeys if the official establishment requests to use it and meets or agrees to meet the requirements of paragraph (b)(6) of this section and the Administrator approves the establishment's request. The Administrator may permit establishments that slaughter classes of p… | |||
| 9:9:2.0.2.1.35.11.40.10 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.85 Special diseases. | FSIS | Carcasses of poultry showing evidence of any disease which is characterized by the presence, in the meat or other edible parts of the carcass, or organisms or toxins dangerous to the consumer, shall be condemned. | ||||
| 9:9:2.0.2.1.35.11.40.11 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.86 Inflammatory processes. | FSIS | Any organ or other part of a carcass which is affected by an inflammatory process shall be condemned and, if there is evidence of general systemic disturbance, the whole carcass shall be condemned. | ||||
| 9:9:2.0.2.1.35.11.40.12 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.87 Tumors. | FSIS | [88 FR 55913, Aug. 17, 2023] | (a) Tumors, including those possibly caused by avian leukosis complex, may be trimmed from any affected organ or other part of a carcass where there is no evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor. Trimmed carcasses otherwise found to be not adulterated shall be passed as human food. (b) Any organ or other part of a carcass which is affected by a tumor where there is evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor, must be condemned. | |||
| 9:9:2.0.2.1.35.11.40.13 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.88 Parasites. | FSIS | Organs or other parts of carcasses which are found to be infested with parasites, or which show lesions of such infestation shall be condemned and, if the whole carcass is affected, the whole carcass shall be condemned. | ||||
| 9:9:2.0.2.1.35.11.40.14 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.89 Bruises. | FSIS | Any part of a carcass which is badly bruised shall be condemned and, if the whole carcass is affected as a result of the bruise, the whole carcass shall be condemned. Parts of a carcass which show only slight reddening from a bruise may be passed for food. | ||||
| 9:9:2.0.2.1.35.11.40.15 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.90 Cadavers. | FSIS | Carcasses of poultry showing evidence of having died from causes other than slaughter shall be condemned. | ||||
| 9:9:2.0.2.1.35.11.40.16 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.91 Contamination. | FSIS | [37 FR 9706, May 16, 1972, as amended at 43 FR 12847, Mar. 28, 1978; 79 FR 49636, Aug. 21, 2014] | (a) Carcasses of poultry contaminated by volatile oils, paints, poisons, gases, scald vat water in the air sac system, or other substances which render the carcasses adulterated shall be condemned. Any organ or other part of a carcass which has been accidentally multilated in the course of processing shall be condemned, and if the whole carcass is affected, the whole carcass shall be condemned. (b) Any carcass of poultry accidentally contaminated during slaughter with digestive tract contents need not be condemned if promptly reprocessed under the supervision of an inspector and thereafter found not to be adulterated. Contaminated surfaces that are cut must be removed only by trimming. Contaminated inner surfaces that are not cut may be cleaned by trimming alone or may be re-processed as provided in subparagraph (b)(1) or (2) of this section. (1) Online reprocessing. Poultry carcasses accidentally contaminated with digestive tract contents may be cleaned by applying an online reprocessing antimicrobial intervention to all carcasses after evisceration and before the carcasses enter the chiller if the parameters for use of the antimicrobial intervention system have been approved by the Administrator. Establishments must incorporate procedures for the use of any online reprocessing antimicrobial intervention system into their HACCP plans, or sanitation SOPs, or other prerequisite programs. (2) Offline reprocessing. Contaminated inner surfaces that are not cut may be cleaned at an approved reprocessing station away from the main processing line by any method that will remove the contamination, such as vacuuming, washing, and trimming, singly or in combination. All visible specks of contamination must be removed, and if the inner surfaces are reprocessed other than solely by trimming, all surfaces of the carcass must be treated with chlorinated water containing 20 ppm to 50 ppm available chlorine or another approved antimicrobial substance in accordance with the parameters approved by the Administrator. Establi… | |||
| 9:9:2.0.2.1.35.11.40.17 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.92 Overscald. | FSIS | Carcasses of poultry which have been overscalded, resulting in a cooked appearance of the flesh, shall be condemned. | ||||
| 9:9:2.0.2.1.35.11.40.18 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.93 Decomposition. | FSIS | Carcasses of poultry deleteriously affected by post mortem changes shall be disposed of as follows: (a) Carcasses which have reached a state of putrefaction or stinking fermentation shall be condemned. (b) Any part of a carcass which is green struck shall be condemned and, if the carcass is so extensively affected that removal of affected parts is impracticable, the whole carcass shall be condemned. (c) Carcasses affected by types of post mortem change which are superficial in nature may be passed for human food after removal and condemnation of the affected parts. | ||||
| 9:9:2.0.2.1.35.11.40.19 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.94 Contamination with microorganisms; process control verification criteria and testing; pathogen reduction standards for establishments that slaughter ratites. | FSIS | [61 FR 38866, July 25, 1996, as amended at 62 FR 26218, May 13, 1997; 62 FR 61009, Nov. 14, 1997; 64 FR 66553, Nov. 29, 1999; 67 FR 13258, Mar. 22, 2002; 79 FR 49636, Aug. 21, 2014] | (a) Criteria for verifying process control; E. coli testing. (1) Each official establishment that slaughters ratites shall test for Escherichia coli Biotype I ( E. coli ). Establishments that slaughter ratites and livestock, shall test the type of ratites or livestock slaughtered in the greatest number. The establishment shall: (i) Collect samples in accordance with the sampling techniques, methodology, and frequency requirements in paragraph (a)(2) of this section; (ii) Obtain analytic results in accordance with paragraph (a)(3) of this section; and (iii) Maintain records of such analytic results in accordance with paragraph (a)(4) of this section. (2) Sampling requirements. (i) Written procedures. Each establishment that slaughters ratites shall prepare written specimen collection procedures which shall identify employees designated to collect samples, and shall address location(s) of sampling, how sampling randomness is achieved, and handling of the sample to ensure sample integrity. The written procedure shall be made available to FSIS upon request. (ii) Sample collection. The establishment must collect samples from whole ratites at the end of the chilling process. Samples from ratites may be collected by sponging the carcass on the back and thigh or samples can be collected by rinsing the whole carcass in an amount of buffer appropriate for that type of bird. (iii) Sampling frequency. Establishments that slaughter ratites, except very low volume ratite establishments as defined in paragraph (a)(2)(v) of this section, must take samples at a frequency proportional to the establishment's volume of production at the following rate: 1 sample per 3,000 carcasses, but at a minimum one sample each week of operation. (iv) Sampling frequency alternatives. An establishment operating under a validated HACCP plan in accordance with § 417.2(b) of this chapter may substitute an alternative frequency for the frequency of sampling required under paragraph (a)(2)(iii) of this section if, (A) The altern… | |||
| 9:9:2.0.2.1.35.11.40.2 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.77 Carcasses held for further examination. | FSIS | Each carcass, including all parts thereof, in which there is any lesion of disease, or other condition which might render such carcass or any part thereof adulterated and with respect to which a final decision cannot be made on first examination by the inspector, shall be held for further examination. The identity of each such carcass, including all parts thereof, shall be maintained until a final examination has been completed. | ||||
| 9:9:2.0.2.1.35.11.40.3 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.78 Condemnation of carcasses and parts: separation of poultry suspected of containing biological residues. | FSIS | [37 FR 9706, May 16, 1972, as amended at 48 FR 22899, May 23, 1983; 48 FR 23807, May 27, 1983] | (a) At the time of any inspection under this subpart each carcass, or any part thereof, which is found to be adulterated shall be condemned, except that any such articles which may be made not adulterated by reprocessing, need not be so condemned if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated. (b) When a lot of poultry suspected of containing biological residues is inspected in an official establishment, all carcasses and any parts of carcasses in such lot which are condemned shall be kept separate from all other condemned carcasses or parts. | |||
| 9:9:2.0.2.1.35.11.40.4 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.79 Passing of carcasses and parts. | FSIS | Each carcass and all organs and other parts of carcasses which are found to be not adulterated shall be passed for human food. | ||||
| 9:9:2.0.2.1.35.11.40.5 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.80 General; biological residues. | FSIS | (a) The carcasses or parts of carcasses of all poultry inspected at an official establishment and found at the time of post mortem inspection, or at any subsequent inspection, to be affected with any of the diseases or conditions named in other sections in this subpart, shall be disposed of in accordance with the section pertaining to the disease or condition. Owing to the fact that it is impracticable to formulate rules for each specific disease or conditions and to designate at just what stage a disease process results in an adulterated article, the decision as to the disposal of all carcasses, organs or other parts not specifically covered by the regulations, or by instructions of the Administrator issued pursuant thereto, shall be left to the inspector in charge, and if the inspector in charge is in doubt concerning the disposition to be made, specimens from such carcasses shall be forwarded to the Inspection Service laboratory for diagnosis. (b) All carcasses, organs, or other parts of carcasses of poultry shall be condemned if it is determined on the basis of a sound statistical sample that they are adulterated because of the presence of any biological residues. | ||||
| 9:9:2.0.2.1.35.11.40.6 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.81 Tuberculosis. | FSIS | Carcasses of poultry affected with tuberculosis shall be condemned. | ||||
| 9:9:2.0.2.1.35.11.40.7 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.82 [Reserved] | FSIS | |||||
| 9:9:2.0.2.1.35.11.40.8 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.83 Septicemia or toxemia. | FSIS | Carcasses of poultry showing evidence of any septicemic or toxemic disease, or showing evidence of an abnormal physiologic state, shall be condemned. | ||||
| 9:9:2.0.2.1.35.11.40.9 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | K | Subpart K—Post Mortem Inspection; Disposition of Carcasses and Parts | § 381.84 Airsacculitis. | FSIS | [40 FR 14297, Mar. 31, 1975] | Carcasses of poultry with evidence of extensive involvement of the air sacs with airsacculitis or those showing airsacculitis along with systemic changes shall be condemned. Less affected carcasses may be passed for food after complete removal and condemnation of all affected tissues including the exudate. | |||
| 9:9:2.0.2.1.35.12.40.1 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | L | Subpart L—Handling and Disposal of Condemned or Other Inedible Products at Official Establishments | § 381.95 Disposal of condemned poultry products. | FSIS | All condemned carcasses, or condemned parts of carcasses, or other condemned poultry products, except those condemned for biological residues shall be disposed of by one of the following methods, under the supervision of an inspector of the Inspection Service. (Facilities and materials for carrying out the requirements in this section shall be furnished by the official establishment.) (a) Steam treatment (which shall be accomplished by processing the condemned product in a pressure tank under at least 40 pounds of steam pressure) or thorough cooking in a kettle or vat, for a sufficient time to effectively destroy the product for human food purposes and preclude dissemination of disease through consumption by animals. (Tanks and equipment used for this purpose or for rendering or preparing inedible products shall be in rooms or compartments separate from those used for the preparation of edible products. There shall be no direct connection by means of pipes, or otherwise, between tanks containing inedible products and those containing edible products.) (b) Incineration or complete destruction by burning. (c) Chemical denaturing, which shall be accomplished by the liberal application to all carcasses and parts thereof, of: (1) Crude carbolic acid, (2) Kerosene, fuel oil, or used crankcase oil, or (3) Any phenolic disinfectant conforming to commercial standards CS 70-41 or CS 71-41 which shall be used in at least 2 percent emulsion or solution. (d) Any other substance or method that the Administrator approves in specific cases, which will denature the poultry product to the extent necessary to accomplish the purposes of this section. (e) Carcasses and parts of carcasses condemned for biological residue shall be disposed of in accordance with paragraph (b) of this section or by burying under the supervision of an inspector. | ||||
| 9:9:2.0.2.1.35.13.40.1 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.96 Wording and form of the official inspection legend. | FSIS | [66 FR 22906, May 7, 2001] | Except as otherwise provided in this subpart, the official inspection legend required to be used with respect to inspected and passed poultry products shall include wording as follows: “Inspected for wholesomeness by U.S. Department of Agriculture.” This wording shall be contained within a circle. The form and arrangement of such wording shall be exactly as indicated in the example in Figure 1, except that the appropriate official establishment number shall be shown, and if the establishment number appears elsewhere on the labeling material in the manner prescribed in § 381.123(b), it may be omitted from the inspection mark. The administrator may approve the use of abbreviations of such inspection mark; and such approved abbreviations shall have the same force and effect as the inspection mark. The official inspection legend, or the approved abbreviation thereof, shall be printed on consumer packages and other immediate containers of inspected and passed poultry products, or on labels to be securely affixed to such containers of such products and may be printed or stenciled thereon, but shall not be applied by rubber stamping. When applied by a stencil, the legend shall not be less than 4 inches in diameter. An official brand must be applied to inspected and passed carcasses and parts of ratites that are shipped unpacked. | |||
| 9:9:2.0.2.1.35.13.40.10 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.105 Marking products for export. | FSIS | [81 FR 42234, June 29, 2016] | When authorized by inspection personnel, establishments must mark the outside container of any inspected and passed product for export, the securely enclosed pallet within the consignment, or closed means of conveyance transporting the consignment, with a mark that contains a unique identifier that links the consignment to the export certificate or an official mark as described in § 381.104. Ship stores, small quantities exclusively for the personal use of the consignee and not for sale or distribution, and shipments by and for the U.S. Armed Forces, are exempt from the requirements of this section. | |||
| 9:9:2.0.2.1.35.13.40.11 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.106 Export certification. | FSIS | [81 FR 42234, June 29, 2016] | (a) Exporters must apply for export certification of inspected and passed products to any foreign country. Exporters may apply for an export certificate using a paper or electronic application. FSIS will assess exporters that submit an electronic application the charge in § 362.5(e) of this chapter. (b) FSIS will issue only one certificate for each consignment, except in the case of error in the certificate or loss of the certificate originally issued. A request for a replacement certificate, except in the case of a lost certificate, must be accompanied by the original certificate. The new certificate will carry the following statement: “Issued in replacement of ______”, with the numbers of the certificates that have been superseded. (c) FSIS will deliver a copy of the certificate to the person who requested such certificate or his agent. Such persons may duplicate the certificate as required in connection with the exportation of the product. (d) FSIS will retain a copy of the certificate. (e) Exporters may request inspection personnel to issue certificates for export consignments of product of official establishments not under their supervision, provided the consignments are first identified as having been “U.S. inspected and passed,” are found to be neither adulterated nor misbranded, and are marked as required by § 381.105. | |||
| 9:9:2.0.2.1.35.13.40.12 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.107 Special procedures as to certification of poultry products for export to certain countries. | FSIS | [37 FR 9706, May 16, 1972, as amended at 39 FR 4569, Feb. 5, 1974; 41 FR 23702, June 11, 1976] | When export certificates are required by any foreign country for poultry products exported to such country, the Administrator shall in specific cases prescribe or approve the form of export certificate to be used and the methods and procedures he deems appropriate with respect to the processing of such products, in order to comply with requirements specified by the foreign country regarding the export products. Inspectors shall satisfy themselves that all such requirements are met before issuing such an export certificate. It shall be the responsibility of the exporter to provide any unofficial documentation needed to meet the foreign requirements, before the export certificate will be issued. Such certificates may also cover articles exempted from definition as a poultry product under § 381.15 if they have been inspected and are certified under the regulations in part 362 of this chapter. | |||
| 9:9:2.0.2.1.35.13.40.13 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.108 Official poultry inspection certificates; issuance and disposition. | FSIS | [37 FR 9706, May 16, 1972, as amended at 39 FR 36000, Oct. 7, 1974] | (a) Upon the request of an interested party, any veterinary inspector is authorized to issue an official poultry inspection certificate with respect to any lot of slaughtered poultry inspected by him. At any official establishment each such certificate shall be signed by the inspector who made the inspection covered by the certificate, and if more than one inspector participated in the inspection of the lot of poultry, each such inspector shall sign the certificate with respect to such lot. If the inspection of a lot covered by a certificate was made by a food inspector, such certificate shall also be signed by the inspector in charge when such inspection was made. Any inspector is authorized to issue a poultry inspection certificate with respect to any other poultry product inspected by him. (b) The original and one copy of each poultry inspection certificate shall be issued to the applicant who requested such certificate, and one copy shall be retained by the inspector for filing. The inspector who issues any inspection certificate is authorized to furnish an additional copy of such certificate upon the request of an interested party. The person who sold the live poultry involved to the official establishment is an interested party for purposes of this section. | |||
| 9:9:2.0.2.1.35.13.40.14 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.109 Form of official poultry inspection certificate. | FSIS | (a) The official poultry inspection certificate authorized by this subpart is a paper certificate (Form MP-505) for signature by an inspector, bearing the legend and the seal of the U.S. Department of Agriculture, with a certification that the poultry described therein had been inspected in compliance with the Regulations of the Secretary of Agriculture Governing the Inspection of Poultry and Poultry Products. (b) The certificate also bears a serial number such as “B 3208” and shows the respective name and address of the applicant, the shipper or seller and the receiver or buyer and the net weight in pounds of amount passed, amount rejected or condemned, type of poultry, lot number and class, and such other information as the Administrator may prescribe or approve in specific cases. | ||||
| 9:9:2.0.2.1.35.13.40.15 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.110 Erasures or alterations made on certificates. | FSIS | Erasures or alterations not initialed by the issuing inspector shall not be permitted on any official certificate or any copy thereof. All certificates rendered useless through clerical error or otherwise and all certificates canceled for whatever cause shall be voided and initialed, and one copy shall be retained in the inspector's file; and the original and all other copies shall be forwarded to the appropriate program supervisor. | ||||
| 9:9:2.0.2.1.35.13.40.16 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.111 Data to be entered in proper spaces. | FSIS | All certificates shall be so executed that the data entered thereon will appear in the proper spaces on each copy of the certificate. | ||||
| 9:9:2.0.2.1.35.13.40.17 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.112 Official mark for maintaining the identity and integrity of samples. | FSIS | [52 FR 41958, Nov. 2, 1987] | The official mark for use in sealing containers of samples submitted under any requirements in this part and section 11(b) of the Poultry Products Inspection Act shall bear the designation “Sample Seal” accompanied by the official USDA logo as shown below. Any seal approved by the Administrator for applying such mark shall be deemed an official device for purposes of the Act. Such device shall be supplied to inspectors, compliance officers, and other designated Agency officials by the United States Department of Agriculture. | |||
| 9:9:2.0.2.1.35.13.40.2 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.97 [Reserved] | FSIS | |||||
| 9:9:2.0.2.1.35.13.40.3 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.98 Official seal. | FSIS | The official mark for use in sealing means of conveyance used in transporting poultry products under any requirement in this part shall be the inscription and a serial number as shown below, and any seals approved by the Administrator for applying such mark shall be an official device. | ||||
| 9:9:2.0.2.1.35.13.40.4 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.99 Official retention and rejection tags. | FSIS | [64 FR 56417, Oct. 20, 1999] | The official marks for use in post-mortem inspection and identification of adulterated products, insanitary equipment and facilities are: (a) A paper tag (a portion of Form MP-35) bearing the legend “U.S. Retained” for use on poultry or poultry products under this section. (b) A paper tag (another portion of Form C&MS 510) bearing the legend “U.S. Rejected” for use on equipment, utensils, rooms and compartments under this section. | |||
| 9:9:2.0.2.1.35.13.40.5 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.100 Official detention tag. | FSIS | The detention tag prescribed in § 381.211 is an official device. | ||||
| 9:9:2.0.2.1.35.13.40.6 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.101 Official U.S. Condemned mark. | FSIS | The term “U.S. Condemned” as shown below is an official mark and the devices used by the Department for applying such mark are official devices. | ||||
| 9:9:2.0.2.1.35.13.40.7 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.102 [Reserved] | FSIS | |||||
| 9:9:2.0.2.1.35.13.40.8 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.103 Official poultry condemnation certificates; issuance and form. | FSIS | Upon request by the operator of the establishment, the inspector in charge shall issue a poultry condemnation certificate (Form MP-514-1), showing the total number of poultry in the lot and the numbers condemned and the reasons for such condemnations. The official poultry condemnation certificate authorized by this subpart is a paper certificate (Form MP-514-1), for signature by an inspector, bearing the legend and the seal of the United States Department of Agriculture, with a certification that the poultry enumerated on the form were inspected and condemned for the listed causes in compliance with the regulations of the Department. A statement to the effect that certain figures on the certificate were derived from information supplied by plant management, and a signature line for an authorized plant official is also shown. | ||||
| 9:9:2.0.2.1.35.13.40.9 | 9 | Animals and Animal Products | III | A | 381 | PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS | M | Subpart M—Official Marks, Devices, and Certificates; Export Certificates; Certification Procedures | § 381.104 Export inspection marks. | FSIS | [81 FR 42234, June 29, 2016] | The export inspection mark required in § 381.105 must be either a mark that contains a unique identifier that links the consignment to the export certificate or an official mark with the following form: 1 1 The number “1234567” is given as an example only. The number on the mark will correspond to the printed number on the export certificate. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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source_citation TEXT,
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