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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:1.0.1.3.27.1.283.1 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | A | Subpart A—General | § 48.1 Applicability. | FAA | (a) This part provides registration and identification requirements for small unmanned aircraft that are part of a small unmanned aircraft system as defined in § 1.1 of this chapter. (b) Small unmanned aircraft eligible for registration in the United States must be registered and identified in accordance with either: (1) The registration and identification requirements in this part; or (2) The registration requirements in part 47 and the identification and registration marking requirements in subparts A and C of part 45. (c) Small unmanned aircraft intended to be operated outside of the territorial airspace of the United States, or registered through a trust or voting trust, must be registered in accordance with subparts A and B of part 47 and satisfy the identification and registration marking requirements of subparts A and C of part 45. | ||||
| 14:14:1.0.1.3.27.1.283.2 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | A | Subpart A—General | § 48.5 [Reserved] | FAA | |||||
| 14:14:1.0.1.3.27.1.283.3 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | A | Subpart A—General | § 48.10 Definitions. | FAA | For purposes of this part, the following definitions apply: Citizen of the United States or U.S. citizen means one of the following: (1) An individual who is a citizen of the United States or one of its possessions. (2) A partnership each of whose partners is an individual who is a citizen of the United States. (3) A corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States. Registry means the FAA, Civil Aviation Registry, Aircraft Registration Branch. Resident alien means an individual citizen of a foreign country lawfully admitted for permanent residence in the United States as an immigrant in conformity with the regulations of the Department of Homeland Security (8 CFR Chapter 1). | ||||
| 14:14:1.0.1.3.27.1.283.4 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | A | Subpart A—General | § 48.15 Requirement to register. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3; 86 FR 4504, Jan. 15, 2021] | No person may operate a small unmanned aircraft that is eligible for registration under 49 U.S.C. 44101-44103 unless one of the following criteria has been satisfied: (a) The owner has registered and marked the aircraft in accordance with this part; (b) The aircraft is operated exclusively in compliance with 49 U.S.C. 44809 and weighs 0.55 pounds or less on takeoff, including everything that is on board or otherwise attached to the aircraft; or (c) The aircraft is an aircraft of the Armed Forces of the United States. | |||
| 14:14:1.0.1.3.27.1.283.5 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | A | Subpart A—General | § 48.20 Eligibility for registration. | FAA | A small unmanned aircraft may be registered under 49 U.S.C. 44103 and under this part only when the aircraft is not registered under the laws of a foreign country and is— (a) Owned by a U.S. citizen; (b) Owned by an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; (c) Owned by a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State within the United States, and the aircraft is based and primarily used in the United States; or (d) An aircraft of— (1) The United States Government; or (2) A State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession. | ||||
| 14:14:1.0.1.3.27.1.283.6 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | A | Subpart A—General | § 48.25 Applicants. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3; 86 FR 4504, Jan. 15, 2021] | (a) To register a small unmanned aircraft in the United States under this part, a person must provide the information required by § 48.110 to the Registry in a form and manner prescribed by the Administrator. Upon submission of this information, the FAA issues a Certificate of Aircraft Registration to that person. (b) A small unmanned aircraft must be registered by its owner using the legal name of its owner, unless the owner is less than 13 years of age. If the owner is less than 13 years of age, then the small unmanned aircraft must be registered by a person who is at least 13 years of age. (c) In accordance with 49 U.S.C. 44103(c), registration is not evidence of aircraft ownership in any proceeding in which ownership of an unmanned aircraft by a particular person is in issue. (d) In this part, “owner” includes a buyer in possession, a bailee, a lessee of a small unmanned aircraft under a contract of conditional sale, and the assignee of that person. | |||
| 14:14:1.0.1.3.27.1.283.7 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | A | Subpart A—General | § 48.30 Fees. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3; 86 FR 4504, Jan. 15, 2021] | (a) The fee for issuing or renewing a Certificate of Aircraft Registration as described in § 48.100 is $5.00 per aircraft. (b) The fee for issuing or renewing a Certificate of Aircraft Registration as described in § 48.105 is $5.00 per certificate. (c) Each application for and renewal of a Certificate of Aircraft Registration must be accompanied by the fee described in paragraphs (a) and (b), as applicable, paid to the Federal Aviation Administration through the web-based aircraft registration system, or in another manner if prescribed by the Administrator. | |||
| 14:14:1.0.1.3.27.2.283.1 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | B | Subpart B—Certificates of Aircraft Registration for Small Unmanned Aircraft | § 48.100 Registration: Small unmanned aircraft operated for any purpose other than exclusively limited recreational operations. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021] | (a) Certificate of Aircraft Registration. A Certificate of Aircraft Registration issued in accordance with § 48.110 to a small unmanned aircraft used for any purpose other than operating exclusively in compliance with 49 U.S.C. 44809 constitutes registration for the small unmanned aircraft identified on the application. (b) Effective date of registration. An aircraft is registered when the applicant receives a Certificate of Aircraft Registration for the specific aircraft. The effective date of registration is shown by the date of issue on the Certificate of Aircraft Registration issued for the aircraft. (c) Registration renewal. A Certificate of Aircraft registration issued under this part expires 3 years after the date of issue unless it is renewed. (1) The holder of a Certificate of Aircraft Registration must renew the Certificate by verifying, in a form and manner prescribed by the Administrator, that the information provided in accordance with § 48.110 is accurate and if it is not, provide updated information. The verification may take place at any time within the six months preceding the month in which the Certificate of Aircraft registration expires. (2) A certificate issued under this paragraph expires three years from the expiration date of the previous certificate. (d) Other events affecting effectiveness of Certificate. Each Certificate of Aircraft Registration issued by the FAA under this subpart is effective, unless registration has ended by reason of having been revoked, canceled, expired, or the ownership is transferred, until the date upon which one of the following events occurs: (1) Subject to the Convention on the International Recognition of Rights in Aircraft when applicable, the aircraft is registered under the laws of a foreign country. (2) The small unmanned aircraft is totally destroyed or scrapped. (3) The holder of the Certificate of Aircraft Registration loses U.S. citizenship. (4) Thirty days have elapsed since the death of the holder of the Certificate of Aircraft Re… | |||
| 14:14:1.0.1.3.27.2.283.2 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | B | Subpart B—Certificates of Aircraft Registration for Small Unmanned Aircraft | § 48.105 Registration: Small unmanned aircraft intended exclusively for limited recreational operations. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021] | (a) Certificate of Aircraft Registration. A Certificate of Aircraft Registration issued in accordance with § 48.110 for small unmanned aircraft to be operated exclusively in compliance with 49 U.S.C. 44809 constitutes registration for all the small unmanned aircraft used exclusively for operations in compliance with 49 U.S.C. 44809 owned by the individual identified on the application. (b) Effective date of registration. An aircraft is registered when the applicant receives a Certificate of Aircraft Registration. The effective date of registration is shown by the date of issue on the Certificate of Aircraft Registration issued under this part. (c) Registration renewal. A Certificate of Aircraft registration issued under this part expires 3 years after the date of issue unless it is renewed. (1) The holder of a Certificate of Aircraft Registration must renew the Certificate by verifying, in a form and manner prescribed by the Administrator, that the information provided in accordance with § 48.110 is accurate and if it is not, provide updated information. The verification may take place at any time within the six months preceding the month in which the Certificate of Aircraft registration expires. (2) A certificate issued under this paragraph expires three years from the expiration date of the previous certificate. (d) Other events affecting effectiveness of Certificate. Each Certificate of Aircraft Registration issued by the FAA under this part is effective, unless registration has ended by reason of having been revoked, canceled or expired, or until the date upon which one of the following events occurs: (1) The holder of the Certificate of Aircraft Registration loses U.S. citizenship. (2) Thirty days have elapsed since the death of the holder of the Certificate of Aircraft Registration. (3) The owner, if an individual who is not a citizen of the United States, loses status as a resident alien, unless that person becomes a citizen of the United States at the same time. | |||
| 14:14:1.0.1.3.27.2.283.3 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | B | Subpart B—Certificates of Aircraft Registration for Small Unmanned Aircraft | § 48.110 Application. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021] | (a) Required information. Each applicant for a Certificate of Aircraft Registration issued under this part must submit all of the following information to the Registry: (1) Applicant's name and, for an applicant other than an individual, the name of the authorized representative applying for a Certificate of Aircraft Registration. (2) Applicant's physical address and, for an applicant other than an individual, the physical address of the authorized representative. If the applicant or authorized representative cannot receive mail at a physical address, then provide a mailing address. (3) Applicant's email address or, for applicants other than individuals, the email address of the authorized representative. (4) Applicant's telephone number(s) and, for an applicant other than an individual, the telephone number(s) of the authorized representative. (5) The aircraft manufacturer and model name. (6) For any standard remote identification unmanned aircraft, the serial number issued by the manufacturer of the unmanned aircraft in accordance with the design and production requirements of part 89 of this chapter. The serial number provided in this application must not be listed on more than one Certificate of Aircraft Registration at the same time. (7) For any unmanned aircraft equipped with a remote identification broadcast module, the serial number issued by the manufacturer of the remote identification broadcast module in accordance with the design and production requirements of part 89 of this chapter. An applicant may submit the serial number of more than one remote identification broadcast module as part of the application for aircraft registration under § 48.105. The serial number of a remote identification broadcast module provided in this application must not be listed on more than one Certificate of Aircraft Registration at the same time. (8) Other information as required by the Administrator. (b) Provision of information. The information identified in paragraph (a) of this section must be submitted … | |||
| 14:14:1.0.1.3.27.2.283.4 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | B | Subpart B—Certificates of Aircraft Registration for Small Unmanned Aircraft | § 48.115 Requirement to maintain current information. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021] | (a) The holder of a Certificate of Aircraft Registration must ensure that the information provided under § 48.110 remains accurate. (b) The holder of a Certificate of Aircraft Registration must update the information using the web-based small unmanned aircraft registration system within 14 calendar days of the following: (1) A change in the information provided under § 48.110. (2) When aircraft registration requires cancellation for any reason including sale or transfer, destruction, or export. | |||
| 14:14:1.0.1.3.27.2.283.5 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | B | Subpart B—Certificates of Aircraft Registration for Small Unmanned Aircraft | § 48.120 Invalid registration. | FAA | The registration of a small unmanned aircraft is invalid if, at the time it is made— (a) The aircraft is registered in a foreign country; (b) The applicant is not the owner, except when the applicant registers on behalf of an owner who is under 13 years of age; (c) The applicant is not eligible to submit an application under this part; or (d) The interest of the applicant in the aircraft was created by a transaction that was not entered into in good faith, but rather was made to avoid (with or without the owner's knowledge) compliance with 49 U.S.C. 44101-44103. | ||||
| 14:14:1.0.1.3.27.2.283.6 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | B | Subpart B—Certificates of Aircraft Registration for Small Unmanned Aircraft | § 48.125 Foreign civil aircraft. | FAA | Except for corporations eligible to register under § 48.20(c), the FAA will issue a recognition of ownership to persons required to comply with the provisions of this part pursuant to an authorization to operate issued under part 375 of this title. The recognition of ownership does not have the effect of U.S. aircraft registration. | ||||
| 14:14:1.0.1.3.27.3.283.1 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | C | Subpart C—Aircraft Marking | § 48.200 General. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021] | (a) No person may operate a small unmanned aircraft registered in accordance with this part unless the aircraft displays a unique identifier in accordance with the requirements of § 48.205 of this subpart. (b) A unique identifier is one of the following: (1) The registration number issued to an individual or the registration number issued to the aircraft by the Registry upon completion of the registration process provided by this part; or (2) If authorized by the Administrator, the small unmanned aircraft serial number provided with the application for Certificate of Aircraft Registration under § 48.110(a). | |||
| 14:14:1.0.1.3.27.3.283.2 | 14 | Aeronautics and Space | I | C | 48 | PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT | C | Subpart C—Aircraft Marking | § 48.205 Display and location of unique identifier. | FAA | [Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2018-1084, 84 FR 3673, Feb. 13, 2019] | (a) The unique identifier must be maintained in a condition that is legible. (b) The unique identifier must be affixed to the small unmanned aircraft by any means necessary to ensure that it will remain affixed for the duration of each operation. (c) The unique identifier must be legibly displayed on an external surface of the small unmanned aircraft. | |||
| 17:17:2.0.1.1.7.0.1.1 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.1 Scope. | CFTC | The provisions of this part apply to any foreign board of trade that is registered, required to be registered, or applying to become registered with the Commission in order to provide its identified members or other participants located in the United States with direct access to its electronic trading and order matching system. | |||||||
| 17:17:2.0.1.1.7.0.1.10 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.10 Additional contracts. | CFTC | (a) Generally. A registered foreign board of trade that wishes to make an additional futures, option or swap contract available for trading by identified members or other participants located in the United States with direct access to its electronic trading and order matching system must submit a written request prior to offering the contracts from within the United States. Such a written request must include the terms and conditions of the additional futures, option or swap contracts and a certification that the additional contracts meet the requirements of § 48.8(c), if applicable, and that the foreign board of trade and the clearing organization continue to satisfy the requirements and conditions of registration. The foreign board of trade can make available for trading by direct access the additional contracts ten business days after the date of receipt by the Commission of the written request, unless the Commission notifies the foreign board of trade that additional time is needed to complete its review of policy or other issues pertinent to the additional contracts. A registered foreign board of trade may list for trading by direct access an additional futures or option contract on a non-narrow-based security index pursuant to the Commission certification procedures set forth in § 30.13(d) and appendix D to part 30 of this chapter. (b) Option contracts on previously approved futures contracts. (1) If the option is on a futures contract that is not a linked contract, the option contract may be made available for trading by direct access by filing with the Commission no later than the business day preceding the initial listing of the contract: (i) A copy of the terms and conditions of the additional contract and (ii) A certification that the foreign board of trade and the clearing organization continue to satisfy the conditions of its registration. (2) If the option is on a futures contract that is a linked contract, the option contract may be made available for trading by direct access by filing with… | |||||||
| 17:17:2.0.1.1.7.0.1.11 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.11 Delegation of authority. | CFTC | [82 FR 28769, June 26, 2017] | (a) The Commission hereby delegates, until it orders otherwise, to the Director of the Division of Market Oversight, or such other employee or employees as the Director may designate from time to time, the authority: (1) In § 48.7, to request additional information and documentation in connection with an application for registration; (2) In § 48.9(a)(1), to notify a registered foreign board of trade that it or the clearing organization has failed to satisfy any registration requirements or conditions for registration; (3) In § 48.9(c), to request that a registered foreign board of trade file with the Commission a written demonstration, containing such supporting data, information, and documents, in such form and manner and within such timeframe as the Commission may specify, that the foreign board of trade or clearing organization is in compliance with the registration requirements and/or conditions for registration; and (4) In § 48.10, to notify a foreign board of trade whether additional time is needed for staff to complete its review of policy or other issues pertinent to the additional contracts, or that the contract can be made available for trading by direct access. (b) The Director of the Division of Market Oversight may submit to the Commission for its consideration any matter which has been delegated in this section. (c) Nothing in this section prohibits the Commission, at its election, from exercising the authority delegated in this section. | ||||||
| 17:17:2.0.1.1.7.0.1.2 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.2 Definitions. | CFTC | [76 FR 80698, Dec. 23, 2011, as amended at 89 FR 66208, Aug. 15, 2024] | For purposes of this part: (a) Foreign board of trade. Foreign board of trade means any board of trade, exchange or market located outside the United States, its territories or possessions, whether incorporated or unincorporated. (b) Foreign board of trade eligible to be registered. A foreign board of trade eligible to be registered means a foreign board of trade that satisfies the requirements for registration specified in § 48.7 and: (1) Possesses the attributes of an established, organized exchange, (2) Adheres to appropriate rules prohibiting abusive trading practices, (3) Enforces appropriate rules to maintain market and financial integrity, (4) Has been authorized by a regulatory process that examines customer and market protections, and (5) Is subject to continued oversight by a regulator that has power to intervene in the market and the authority to share information with the Commission. (c) Direct access. Direct access means an explicit grant of authority by a foreign board of trade to an identified member or other participant located in the United States to enter trades directly into the trade matching system of the foreign board of trade. (d) Linked contract. Linked contract means a futures, option or swap contract that is made available for trading by direct access by a registered foreign board of trade that settles against any price (including the daily or final settlement price) of one or more contracts listed for trading on a registered entity as defined in section 1a(40) of the Act. (e) Communications. Communications means any written or electronic documentation or correspondence issued by or on behalf of the Commission, the United States Department of Justice, or the National Futures Association. (f) Material change. Material change means a material change in the information provided to the Commission in support of an application for registration under this part. Subsequent to registration, material change also includes a material change in the operations of the foreign boa… | ||||||
| 17:17:2.0.1.1.7.0.1.3 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.3 Registration required. | CFTC | (a) Except as specified in this part, it shall be unlawful for a foreign board of trade to permit direct access to its electronic trading and order matching system unless and until the Commission has issued a valid and current Order of Registration to the foreign board of trade pursuant to the provisions of this part. (b) It shall be unlawful for a foreign board of trade or the clearing organization to make false or misleading statements in or in connection with any application for registration under this part. | |||||||
| 17:17:2.0.1.1.7.0.1.4 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.4 Registration eligibility and scope. | CFTC | [76 FR 80698, Dec. 23, 2011, as amended at 89 FR 66208, Aug. 15, 2024] | (a) Only foreign boards of trade eligible to be registered, as defined in § 48.2(b) of this part, are eligible for registration with the Commission pursuant to this part. (b) A foreign board of trade may apply for registration under this part in order to permit the members and other participants of the foreign board of trade that are located in the United States to enter trades directly into the trading and order matching system of the foreign board of trade, to the extent that such members or other participants are: (1) Entering orders for the member's or other participant's proprietary accounts; (2) Registered with the Commission as futures commission merchants and are submitting customer orders to the trading system for execution; (3) Registered with the Commission as a commodity pool operator or commodity trading advisor, or are exempt from such registration pursuant to § 4.13 or § 4.14 of this chapter, and are submitting orders for execution on behalf of a United States pool that the member or other participant operates or an account of a United States customer for which the member or other participant has discretionary authority, respectively, provided that a futures commission merchant registered with the Commission as such or a firm exempt from such registration pursuant to § 30.10 of this chapter acts as clearing firm and guarantees, without limitation, all such trades of the commodity pool operator or commodity trading advisor effected through submission of orders to the trading system; or (4) Registered with the Commission as introducing brokers and are submitting customer orders to the trading system for execution, provided that a futures commission merchant registered with the Commission as such or a firm exempt from such registration pursuant to § 30.10 of this chapter acts as a clearing firm and guarantees, without limitation, all trades of the introducing broker effected through submission of orders for United States customers to the trading system. | ||||||
| 17:17:2.0.1.1.7.0.1.5 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.5 Registration procedures. | CFTC | (a) A foreign board of trade seeking registration with the Commission pursuant to this part must electronically file an application for registration with the Secretary of the Commission at its Washington DC headquarters at FBOTapplications@cftc.gov. (b) A complete application for registration must include: (1) A completed Form FBOT and Form Supplement S-1, as set forth in the appendix to this part, or any successor forms, and all information and documentation described in such forms; and (2) Any additional information and documentation necessary, in the discretion of the Commission, to supplement the application including, but not limited to, documentation and information provided during the course of an on-site visit, as applicable, to the foreign board of trade, the clearing organization and the regulatory authority or authorities, to effectively demonstrate that the foreign board of trade and its clearing organization satisfy the registration requirements set forth in § 48.7. (c) An applicant for registration must identify with particularity any information in the application that will be subject to a request for confidential treatment and must provide support for any request for confidential treatment pursuant to the procedures set forth in § 145.9 of this chapter. (d) If, upon review, the Commission finds the application for registration to be complete, the Commission may approve or deny the application. In reviewing the application, the Commission will consider, among other things: (1) Whether the foreign board of trade is eligible to be registered as defined in § 48.2(b) and; (2) Whether the foreign board of trade and its clearing organization are subject to comprehensive supervision and regulation by the appropriate governmental authorities in their home country or countries that is comparable to the comprehensive supervision and regulation to which designated contract markets and derivatives clearing organizations are respectively subject under the Act, Commission regulations, and other applicabl… | |||||||
| 17:17:2.0.1.1.7.0.1.6 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.6 [Reserved] | CFTC | ||||||||
| 17:17:2.0.1.1.7.0.1.7 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.7 Requirements for registration. | CFTC | An applicant for registration must demonstrate that it and, where applicable, its clearing organization meet the following requirements. The registration requirements applicable to clearing organizations may alternatively be met by demonstrating that the clearing organization is registered and in good standing with the Commission as a derivatives clearing organization. The Commission, in its discretion, may request additional information and documentation in connection with an application for registration and an applicant for registration must provide promptly any such additional information or documentation. The Commission, in its discretion, also may impose additional registration requirements that the Commission deems necessary after appropriate notice and opportunity to respond. (a) Foreign Board of Trade and Clearing Membership: (1) The members and other participants of the foreign board of trade and its clearing organization are fit and proper and meet appropriate financial and professional standards; (2) The foreign board of trade and its clearing organization have and enforce provisions to minimize and resolve conflicts of interest; and (3) The foreign board of trade and its clearing organization have and enforce rules prohibiting the disclosure, both during and subsequent to service on a board or committee, of material non-public information obtained as a result of a member's or other participant's performance of duties as a member of their respective governing boards and significant committees. (b) The Automated Trading System: (1) The trading system complies with Principles for the Oversight of Screen-Based Trading Systems for Derivative Products developed by the Technical Committee of the International Organization of Securities Commissions, (2) The trade matching algorithm matches trades fairly and timely, (3) The audit trail captures all relevant data, including changes to orders, and audit trail data is securely maintained and available for an adequate time period, (4) Adequate and appropr… | |||||||
| 17:17:2.0.1.1.7.0.1.8 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.8 Conditions of registration. | CFTC | [76 FR 80698, Dec. 23, 2011, as amended at 89 FR 66209, Aug. 15, 2024] | Upon registration under this part, and on an ongoing basis thereafter, the foreign board of trade and the clearing organization shall comply with the applicable conditions of registration set forth in this section and any additional conditions that the Commission deems necessary and may impose, in its discretion, and after appropriate notice and opportunity to respond. Such conditions could include, but are not limited to, additional conditions applicable to the listing of swap contracts. Continued registration is expressly conditioned upon satisfaction of these conditions. (a) Specified conditions for maintaining registration. (1) Registration Requirements: The foreign board of trade and its clearing organization shall continue to satisfy all of the requirements for registration set forth in § 48.7. (2) Regulatory Regime: (i) The foreign board of trade will continue to satisfy the criteria for a regulated market or licensed exchange pursuant to the regulatory regime described in its application and will continue to be subject to oversight by the regulatory authorities described in its application. (ii) The clearing organization will continue to satisfy the criteria for a regulated clearing organization pursuant to the regulatory regime described in the application for registration and will continue to be in good standing with the relevant regulatory authority. (iii) The laws, systems, rules, and compliance mechanisms of the regulatory regime applicable to the foreign board of trade will continue to require the foreign board of trade to maintain fair and orderly markets; prohibit fraud, abuse, and market manipulation and other disruptions of the market; and provide that such requirements are subject to the oversight of appropriate regulatory authorities. (3) Satisfaction of International Standards: (i) The foreign board of trade will continue to comply with the Principles for the Oversight of Screen-Based Trading Systems for Derivative Products developed by the Technical Committee of the International Or… | ||||||
| 17:17:2.0.1.1.7.0.1.9 | 17 | Commodity and Securities Exchanges | I | 48 | PART 48—REGISTRATION OF FOREIGN BOARDS OF TRADE | § 48.9 Revocation of registration. | CFTC | [76 FR 80698, Dec. 23, 2011, as amended at 89 FR 66209, Aug. 15, 2024] | (a) Failure to Satisfy Registration Requirements or Conditions: (1) If the Commission determines that a registered foreign board of trade or the clearing organization has failed to satisfy any registration requirements or conditions for registration, the Commission shall notify the foreign board of trade of such determination, including the particular requirements or conditions that are not being satisfied, and shall afford the foreign board of trade or clearing organization an opportunity to make appropriate changes to bring it into compliance. (2) If, not later than 30 days after receiving a notification under paragraph (a)(1) of this section, the foreign board of trade or clearing organization fails to make changes that, in the opinion of the Commission, are necessary to comply with the registration requirements or conditions of registration, the Commission may revoke the foreign board of trade's registration, after appropriate notice and an opportunity to respond, by issuing an Order Revoking Registration which sets forth the reasons therefor. (3) A foreign board of trade whose registration has been revoked for failure to satisfy a registration requirement or condition of registration may apply for re-registration 360 days after the issuance of the Order Revoking Registration if the deficiency causing the revocation has been cured or relevant facts and circumstances have changed. (b) Other events that could result in revocation. Notwithstanding § 48.9(a), revocation under these circumstances will be handled by the Commission as relevant facts or circumstances warrant. (1) The Commission may revoke a foreign board of trade's registration, after appropriate notice and an opportunity to respond, if the Commission determines that a representation made in the foreign board of trade's application for registration is found to be untrue or materially misleading or if the foreign board of trade failed to include information in the application that would have been material to the Commission's determination as to… | ||||||
| 28:28:2.0.1.1.6.0.1.1 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.1 Purpose. | DOJ | These regulations set forth the procedure by which application may be made to the Attorney General for his approval of joint newspaper operating arrangements entered into after July 24, 1970, and for the filing with the Department of Justice of the terms of a renewal or amendment of existing joint newspaper operating arrangements, as required by the Newspaper Preservation Act, Pub. L. 91-353, 84 Stat. 466, 15 U.S.C. 1801 et seq. The Newspaper Preservation Act does not require that all joint newspaper operating arrangements obtain the prior written consent of the Attorney General. The Act and these regulations provide a method for newspapers to obtain the benefit of a limited exemption from the antitrust laws if they desire to do so. Joint newspaper operating arrangements that are put into effect without the prior written consent of the Attorney General remain fully subject to the antitrust laws. | |||||||
| 28:28:2.0.1.1.6.0.1.10 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.10 Hearings. | DOJ | (a) Upon the issuance by the Attorney General of an order for a hearing, the Assistant Attorney General for Administration shall appoint an administrative law judge in accordance with section 11 of the Administrative Procedure Act, 5 U.S.C. 3105. The administrative law judge shall: (1) Set a date, time and place for the hearing convenient for all parties involved. The date set shall be as soon as practicable, allowing time for publication of the notice required in § 48.6 and for a reasonable period of discovery as provided in this section. In setting a place for the hearing, preference shall be given to the community in which the applicants' newspapers operate. (2) Mail notice of the hearing to the parties, to each person who filed written comments or a request for a hearing, and to any other person he believes may have an interest in the proceeding. (3) Permit discovery by any party, as provided in the Federal Rules of Civil Procedure; except that he may place such limits as he deems reasonable on the time and manner of taking discovery in order to avoid unnecessary delays in the proceedings. (4) Conduct a hearing in accordance with section 7 of the Administrative Procedure Act, 5 U.S.C. 556. At such hearing, the burden of proving that the proposed arrangement meets the requirements of the Newspaper Preservation Act will be on the proponents of the arrangement. The rules of evidence which govern civil proceedings in matters not involving trial by jury in the courts of the United States shall apply, but these rules may be relaxed if the ends of justice will be better served in so doing: Provided, that the introduction of irrelevant, immaterial, or unduly repetitious evidence is avoided. Only parties to the proceedings may present evidence, or cross-examine witnesses. (b) The applicants and the Assistant Attorney General in charge of the Antitrust Division shall be parties in any hearing held hereunder. Other persons may intervene as parties as provided in § 48.11. (c) The Assistant Attorney General for Admi… | |||||||
| 28:28:2.0.1.1.6.0.1.11 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.11 Intervention in hearings. | DOJ | (a) Any person may intervene as a party in a hearing held under these regulations if (1) he has an interest which may be affected by the Attorney General's decision, and (2) it appears that his interest may not be adequately represented by existing parties. (b) Application for intervention shall be made by filing in accordance with § 48.3(a) and (b), within 20 days after a hearing has been ordered, a statement of the nature of the applicant's interest, the way in which it may be affected, the facts and reasons in support thereof and the reasons why the applicant's interest may not be adequately represented by existing parties. (c) Existing parties may file a statement in opposition to or in support of an application to intervene within 10 days of the filing of the application. (d) Applications for intervention shall be decided by the Attorney General. (e) Intervenors shall have the same rights as existing parties in connection with any hearing held under these regulations. | |||||||
| 28:28:2.0.1.1.6.0.1.12 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.12 | DOJ | No person shall communicate on any matter related to these proceedings with the administrative law judge, the Attorney General or anyone having decisional responsibility, except as provided in these regulations. | |||||||
| 28:28:2.0.1.1.6.0.1.13 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.13 Record for decision. | DOJ | (a) The record on which the Attorney General shall base his decision in the event a hearing is not held shall be comprised of all material filed in accordance with these regulations, including any material that has been ordered withheld from public disclosure. (b) If a hearing is held, the record on which the Attorney General shall base his decision shall consist exclusively of the hearing record, the examiner's recommendation and any exceptions and responses filed with respect thereto. | |||||||
| 28:28:2.0.1.1.6.0.1.14 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.14 Decision by the Attorney General. | DOJ | (a) The Attorney General shall decide, on the basis of the record as constituted in accordance with § 48.13, whether approval is warranted under the Act. In rendering his decision, the Attorney General shall file therewith a statement of his findings and conclusions and the reasons therefor, or where a hearing has been held, he may adopt the findings and conclusions of the administrative law judge. (b) Approval of a proposed arrangement by the Attorney General shall not become effective until the tenth day after the filing of the Attorney General's decision as provided in this section. | |||||||
| 28:28:2.0.1.1.6.0.1.15 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.15 Temporary approval. | DOJ | (a) If the Attorney General concludes that one or more of the newspapers involved would otherwise fail before the procedures under these regulations can be completed, he may grant temporary approval of whatever form of joint or unified action would be lawful under the Act if performed as part of an approved joint newspaper operating arrangement, and that he concludes is: (1) Essential to the survival of the newspaper or newspapers; and (2) most likely capable of being terminated without impairment to the ability of both newspapers to resume independent operation should final approval eventually be denied. (b) Upon the filing of a request for temporary approval, the applicants shall publish notice of such application on the front pages of their respective newspapers for a period of three consecutive days in the case of daily newspapers or in the next issue in the case of weekly newspapers. The notice shall state: (1) That a request for temporary approval of a joint operating arrangement or other joint or unified action has been made to the Attorney General; and (2) That anyone wishing to protest the application for temporary approval may do so by delivering a statement of protest or telephoning his views to an employee of the Department of Justice, whose name, address and telephone number shall be designated by the Department upon receipt of the application for temporary approval, and that such protests must be received by the Department within five days of the first publication of notice in accordance with paragraph (a) of this section. (c) The notice required by this section shall be in addition to the notice required by § 48.6. (d) Such temporary approval may be granted without hearing at any time following the expiration of the period provided for protests, but shall create no presumption that final approval will be granted. | |||||||
| 28:28:2.0.1.1.6.0.1.16 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.16 Procedure for filing of terms of a renewal or amendment to an existing joint newspaper operating arrangement. | DOJ | [Order No. 558-73, 39 FR 7, Jan. 2, 1974, as amended by Order No. 568-74, 39 FR 18646, May 29, 1974] | Within 30 days after a renewal of or an amendment to the terms of an existing arrangement, the parties to said renewal or amendment shall file five copies of the agreement of renewal or amendment. In the case of an amendment, the parties shall also file copies of the amended portion of the original agreement. | ||||||
| 28:28:2.0.1.1.6.0.1.2 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.2 Definitions. | DOJ | (a) The term Attorney General means the Attorney General of the United States or his delegate, other than the Assistant Attorney General in charge of the Antitrust Division or other employee in the Antitrust Division. (b) The term Assistant Attorney General in charge of the Antitrust Division means the Assistant Attorney General in charge of the Antitrust Division or his delegate. (c) The term Assistant Attorney General for Administration means the Assistant Attorney General for Administration or his delegate. (d) The term existing arrangement means any joint newspaper operating arrangement entered into before July 24, 1970. (e) The term joint newspaper operating arrangement means any contract, agreement, joint venture (whether or not incorporated), or other arrangement entered into between two or more newspaper owners for the publication of two or more newspaper publications, pursuant to which joint or common production facilities are established or operated and joint or unified action is taken or agreed to be taken with respect to any of the following: Printing; time, method, and field of publication; allocation of production facilities; distribution; advertising solicitation; circulation solicitation; business department; establishment of advertising rates; establishment of circulation rates and revenue distribution: Provided, That there is no merger, combination, or amalgamation of editorial or reportorial staffs, and that editorial policies be independently determined. (f) The term newspaper means a publication produced on newsprint paper which is published in one or more issues weekly (including as one publication any daily newspaper and any Sunday newspaper published by the same owner in the same city, community, or metropolitan area), and in which a substantial portion of the content is devoted to the dissemination of news and editorial opinion. (g) The term party means any individual, and any partnership, corporation, association, or other legal entity. (h) The term person means … | |||||||
| 28:28:2.0.1.1.6.0.1.3 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.3 Procedure for filing all documents. | DOJ | All filings required by these regulations shall be accomplished by: (a) Mailing or delivering five copies of each document (two copies in the case of documents filed by the Assistant Attorney General in charge of the Antitrust Division) to the Assistant Attorney General for Administration, Department of Justice, Washington, DC 20530. He shall place one copy in a numbered public docket; one copy in a duplicate of this file for the use of officials with decisional responsibility; and (except in the case of documents filed by the Assistant Attorney General in charge of the Antitrust Division) shall forward three copies to the Assistant Attorney General in charge of the Antitrust Division; except that documents subject to nondisclosure orders under § 48.5 shall be held under seal and disclosed only in accordance with the provisions of that section; and (b) Mailing or delivering one copy of each document filed after a hearing has been ordered to each party to the proceedings, along with the name and address of the party filing the document or its counsel, and filing in the manner provided in paragraph (a) of this section a certificate that service has been made in accordance herewith. | |||||||
| 28:28:2.0.1.1.6.0.1.4 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.4 Application for approval of joint newspaper operating arrangement entered into after July 24, 1970. | DOJ | (a) Persons desiring to obtain the approval of the Attorney General of a joint newspaper operating arrangement after July 24, 1970, shall file an application in writing setting forth a short, plain statement of the reasons why the applicants believe that approval should be granted. (b) With the request, the applicants shall also file copies of the following: (1) The proposed joint newspaper operating agreement; (2) Any prior, existing or proposed agreement between any of the newspapers involved, or a statement of any such agreements as have not been reduced to writing; (3) With respect to each newspaper, for the 5-year period prior to the date of the application, (i) Annual statements of profit and loss; (ii) Annual statements of assets and liabilities; (iii) Reports of the Audit Bureau of Circulation, or statements containing equivalent information; (iv) Annual advertising lineage records; (v) Rate cards; (4) If any amount stated in paragraph (b)(3)(i) or (ii) of this section represents an allocation of revenues, expenses, assets or liabilities between the newspaper and any parent, subsidiary, division or affiliate, the financial statements shall be accompanied by a full explanation of the method by which each such amount has been allocated. (5) If any of the newspapers involved purchased or sold goods or services from or to any parent, subsidiary, division or affiliate at any time during the five years preceding the date of application, a statement shall be submitted identifying such products or services, the entity from which they were purchased or to which they were sold, and the amount paid for each product or service during each of the five years. (6) Any other information which the applicants believe relevant to their request for approval. (c) A copy of the application and supporting data shall be open to public inspection during normal business hours at the main office of each of the newspapers involved in the arrangement, except to the extent permitted by nondisclosure orders under § 48.5; e… | |||||||
| 28:28:2.0.1.1.6.0.1.5 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.5 Requests that information not be made public. | DOJ | (a) Any applicant may file a request that commercial or financial data required to be filed and made public under these regulations, which is privileged and confidential within the meaning of 5 U.S.C. 552(b), be withheld from public disclosure. Each such request shall be accompanied by a statement of the reasons why nondisclosure is required. The request shall be determined by the Attorney General who shall consider the extent to which (1) disclosure may cause substantial harm to the applicant submitting the information, and (2) nondisclosure may impair the ability of persons who may be adversely affected by the proposed arrangement to present their views in proceedings under these regulations. Information relevant to the financial conditions of the newspaper or newspapers represented to be failing ordinarily shall not be ordered withheld from public disclosure. (b) Upon ordering that any documents be withheld from public disclosure, the Attorney General shall file a statement setting forth the subject matter of the documents withheld. Any person desiring to inspect the documents may file a request for inspection, identifying with as much particularity as possible the materials to be inspected and setting forth the reasons for inspection and the facts in support thereof. The request for disclosure shall be considered by the Attorney General, who shall give the applicant that submitted the documents an opportunity to be heard in opposition to disclosure. Orders granting inspection shall specify the terms and conditions thereof, including restrictions on disclosure to third parties. (c) Documents ordered withheld from public disclosure shall be made available to the Assistant Attorney General in charge of the Antitrust Division. If a hearing is held, the documents may be offered as evidence by any party to whom they have been disclosed. The administrative law judge may restrict further disclosure as he deems appropriate, taking into account the considerations set forth in paragraph (a) of this section. (d) Reque… | |||||||
| 28:28:2.0.1.1.6.0.1.6 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.6 Public notice. | DOJ | (a) Upon the filing of the documents required by § 48.4, the applicants shall file, and publish on the front pages of each of the newspapers for which application is made, daily and Sunday (if a Sunday edition is published) for a period of one week: (1) Notice that a request for approval of a joint newspaper operating arrangement has been filed with the Attorney General; (2) Notice that copies of the proposed arrangement, as well as all other documents submitted pursuant to § 48.4, are available for public inspection at the Department of Justice and at the main offices of the newspapers involved; and (3) Notice that any person may file written comments or a request for a hearing with the Department of Justice, in accordance with the requirements of § 48.3. (b) Upon the filing of the notice required in paragraph (a) of this section, the Assistant Attorney General for Administration shall cause notice to be published in the Federal Register, and shall cause to be issued a press release setting forth the information contained therein. (c) If a hearing is scheduled pursuant to § 48.10, the applicants shall publish the time, date, place and purpose of such hearing on their respective front pages at least three times within the 2-week period after the hearing has been scheduled (two times if the applicants are weekly newspapers), and for the 3 days preceding such hearing (one day during the week preceding the hearing if the applicants are weekly newspapers). (d) The applicants shall file copies of each day's newspaper in which the notice required in paragraph (a) or (c) of this section has appeared. | |||||||
| 28:28:2.0.1.1.6.0.1.7 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.7 Report of the Assistant Attorney General in Charge of the Antitrust Division. | DOJ | (a) The Assistant Attorney General in charge of the Antitrust Division shall, not later than 30 days from the publication in the Federal Register of the notice required by § 48.6, submit to the Attorney General a report on any application filed pursuant to § 48.4. In preparing such report he may require submission by the applicants of any further information which may be relevant to a determination of whether approval of the proposed arrangement is warranted under the Act. (b) In his report he may state (1) that the proposed arrangement should be approved or disapproved without a hearing; or (2) that a hearing should be held to resolve material issues of fact. (c) The report shall be filed, and a copy shall be sent to the applicants. Upon the filing of the report, the Assistant Attorney General for Administration shall cause to be issued a press release setting forth the substance thereof. (d) Any person may, within 30 days after filing of the report, file a reply to the report for the consideration of the Attorney General. | |||||||
| 28:28:2.0.1.1.6.0.1.8 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.8 Written comments and requests for a hearing. | DOJ | (a) Any person who believes that the Attorney General should or should not approve a proposed arrangement, may at any time after filing of the application until 30 days after publication in the Federal Register of the notice required in § 48.6, (1) File written comments stating the reasons why approval should or should not be granted, and/or (2) File a request that a hearing be held on the application. A request for a hearing shall set forth the issues of fact to be determined and the reasons that a hearing is required to determine them. (b) Any person may within 30 days after the filing of any comment or request pursuant to paragraph (a) of this section, file a reply for the consideration of the Attorney General. (c) After the expiration of the time for filing of replies in accordance with § 48.7 and this section the Attorney General shall either approve or deny approval of the arrangement, in accordance with § 48.14, or shall order that a hearing be held. | |||||||
| 28:28:2.0.1.1.6.0.1.9 | 28 | Judicial Administration | I | 48 | PART 48—NEWSPAPER PRESERVATION ACT | § 48.9 Extensions of time. | DOJ | Any of the time periods established by these Regulations may be extended for good cause, upon timely application to the Attorney General, or to the administrative law judge if one has been appointed. | |||||||
| 38:38:2.0.1.1.18.1.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 48.100 What does this part do? | VA | This part carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to cooperative agreements and other financial assistance awards, as a matter of Federal Government policy. | |||||
| 38:38:2.0.1.1.18.1.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 48.105 Does this part apply to me? | VA | (a) Portions of this part apply to you if you are either— (1) A recipient of an assistance award from the Department of Veterans Affairs; or (2) A(n) Department of Veterans Affairs awarding official. (See definitions of award and recipient in §§ 48.605 and 48.660, respectively.) (b) The following table shows the subparts that apply to you: | |||||
| 38:38:2.0.1.1.18.1.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 48.110 Are any of my Federal assistance awards exempt from this part? | VA | This part does not apply to any award that the Secretary determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. | |||||
| 38:38:2.0.1.1.18.1.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | A | Subpart A—Purpose and Coverage | § 48.115 Does this part affect the Federal contracts that I receive? | VA | It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in § 48.510(c). However, this part does not apply directly to procurement contracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is carried out through the Federal Acquisition Regulation in chapter 1 of Title 48 of the Code of Federal Regulations (the drug-free workplace coverage currently is in 48 CFR part 23, subpart 23.5). | |||||
| 38:38:2.0.1.1.18.2.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 48.200 What must I do to comply with this part? | VA | There are two general requirements if you are a recipient other than an individual. (a) First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to— (1) Publish a drug-free workplace statement and establish a drug-free awareness program for your employees (see §§ 48.205 through 48.220); and (2) Take actions concerning employees who are convicted of violating drug statutes in the workplace (see § 48.225). (b) Second, you must identify all known workplaces under your Federal awards (see § 48.230). | |||||
| 38:38:2.0.1.1.18.2.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 48.205 What must I include in my drug-free workplace statement? | VA | You must publish a statement that— (a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace; (b) Specifies the actions that you will take against employees for violating that prohibition; and (c) Lets each employee know that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the statement; and (2) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction. | |||||
| 38:38:2.0.1.1.18.2.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 48.210 To whom must I distribute my drug-free workplace statement? | VA | You must require that a copy of the statement described in § 48.205 be given to each employee who will be engaged in the performance of any Federal award. | |||||
| 38:38:2.0.1.1.18.2.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 48.215 What must I include in my drug-free awareness program? | VA | You must establish an ongoing drug-free awareness program to inform employees about— (a) The dangers of drug abuse in the workplace; (b) Your policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that you may impose upon them for drug abuse violations occurring in the workplace. | |||||
| 38:38:2.0.1.1.18.2.360.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 48.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? | VA | If you are a new recipient that does not already have a policy statement as described in § 48.205 and an ongoing awareness program as described in § 48.215, you must publish the statement and establish the program by the time given in the following table: | |||||
| 38:38:2.0.1.1.18.2.360.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 48.225 What actions must I take concerning employees who are convicted of drug violations in the workplace? | VA | There are two actions you must take if an employee is convicted of a drug violation in the workplace: (a) First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by § 48.205(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies must— (1) Be in writing; (2) Include the employee's position title; (3) Include the identification number(s) of each affected award; (4) Be sent within ten calendar days after you learn of the conviction; and (5) Be sent to every Federal agency on whose award the convicted employee was working. It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices. (b) Second, within 30 calendar days of learning about an employee's conviction, you must either— (1) Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended; or (2) Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. | |||||
| 38:38:2.0.1.1.18.2.360.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | B | Subpart B—Requirements for Recipients Other Than Individuals | § 48.230 How and when must I identify workplaces? | VA | (a) You must identify all known workplaces under each Department of Veterans Affairs award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplaces— (1) To the Department of Veterans Affairs official that is making the award, either at the time of application or upon award; or (2) In documents that you keep on file in your offices during the performance of the award, in which case you must make the information available for inspection upon request by Department of Veterans Affairs officials or their designated representatives. (b) Your workplace identification for an award must include the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios). (c) If you identified workplaces to the Department of Veterans Affairs awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the Department of Veterans Affairs awarding official. | |||||
| 38:38:2.0.1.1.18.3.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | C | Subpart C—Requirements for Recipients Who Are Individuals | § 48.300 What must I do to comply with this part if I am an individual recipient? | VA | As a condition of receiving a(n) Department of Veterans Affairs award, if you are an individual recipient, you must agree that— (a) You will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity related to the award; and (b) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the conviction: (1) In writing. (2) Within 10 calendar days of the conviction. (3) To the Department of Veterans Affairs awarding official or other designee for each award that you currently have, unless § 48.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification number(s) of each affected award. | |||||
| 38:38:2.0.1.1.18.3.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | C | Subpart C—Requirements for Recipients Who Are Individuals | § 48.301 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.18.4.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | D | Subpart D—Responsibilities of Department of Veterans Affairs Awarding Officials | § 48.400 What are my responsibilities as a(n) Department of Veterans Affairs awarding official? | VA | As a(n) Department of Veterans Affairs awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements in— (a) Subpart B of this part, if the recipient is not an individual; or (b) Subpart C of this part, if the recipient is an individual. | |||||
| 38:38:2.0.1.1.18.5.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of This Part and Consequences | § 48.500 How are violations of this part determined for recipients other than individuals? | VA | A recipient other than an individual is in violation of the requirements of this part if the Secretary determines, in writing, that— (a) The recipient has violated the requirements of subpart B of this part; or (b) The number of convictions of the recipient's employees for violating criminal drug statutes in the workplace is large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace. | |||||
| 38:38:2.0.1.1.18.5.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of This Part and Consequences | § 48.505 How are violations of this part determined for recipients who are individuals? | VA | An individual recipient is in violation of the requirements of this part if the Secretary determines, in writing, that— (a) The recipient has violated the requirements of subpart C of this part; or (b) The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. | |||||
| 38:38:2.0.1.1.18.5.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of This Part and Consequences | § 48.510 What actions will the Federal Government take against a recipient determined to have violated this part? | VA | [68 FR 66557, 66619, 66620, Nov. 26, 2003, as amended at 72 FR 30243, May 31, 2007] | If a recipient is determined to have violated this part, as described in § 48.500 or § 48.505, the Department of Veterans Affairs may take one or more of the following actions— (a) Suspension of payments under the award; (b) Suspension or termination of the award; and (c) Suspension or debarment of the recipient under 2 CFR parts 180 and 801, for a period not to exceed five years. | ||||
| 38:38:2.0.1.1.18.5.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | E | Subpart E—Violations of This Part and Consequences | § 48.515 Are there any exceptions to those actions? | VA | The Secretary may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the Secretary determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official. | |||||
| 38:38:2.0.1.1.18.6.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.605 Award. | VA | [68 FR 66557, 66619, 66620, Nov. 26, 2003, as amended at 80 FR 43322, July 22, 2015] | Award means an award of financial assistance by the Department of Veterans Affairs or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money. (2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under 2 CFR part 200. (b) The term award does not include: (1) Technical assistance that provides services instead of money. (2) Loans. (3) Loan guarantees. (4) Interest subsidies. (5) Insurance. (6) Direct appropriations. (7) Veterans' benefits to individuals ( i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States). | ||||
| 38:38:2.0.1.1.18.6.360.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.650 Grant. | VA | Grant means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to enter into a relationship— (a) The principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Government's direct benefit or use; and (b) In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. | |||||
| 38:38:2.0.1.1.18.6.360.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.655 Individual. | VA | Individual means a natural person. | |||||
| 38:38:2.0.1.1.18.6.360.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.660 Recipient. | VA | Recipient means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a Federal agency. | |||||
| 38:38:2.0.1.1.18.6.360.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.665 State. | VA | State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. | |||||
| 38:38:2.0.1.1.18.6.360.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.670 Suspension. | VA | Suspension means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award. | |||||
| 38:38:2.0.1.1.18.6.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.610 Controlled substance. | VA | Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15. | |||||
| 38:38:2.0.1.1.18.6.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.615 Conviction. | VA | Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. | |||||
| 38:38:2.0.1.1.18.6.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.620 Cooperative agreement. | VA | Cooperative agreement means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in § 48.650), except that substantial involvement is expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. The term does not include cooperative research and development agreements as defined in 15 U.S.C. 3710a. | |||||
| 38:38:2.0.1.1.18.6.360.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.625 Criminal drug statute. | VA | Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. | |||||
| 38:38:2.0.1.1.18.6.360.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.630 Debarment. | VA | Debarment means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. | |||||
| 38:38:2.0.1.1.18.6.360.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.635 Drug-free workplace. | VA | Drug-free workplace means a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. | |||||
| 38:38:2.0.1.1.18.6.360.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.640 Employee. | VA | (a) Employee means the employee of a recipient directly engaged in the performance of work under the award, including— (1) All direct charge employees; (2) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and (3) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll. (b) This definition does not include workers not on the payroll of the recipient (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of subrecipients or subcontractors in covered workplaces). | |||||
| 38:38:2.0.1.1.18.6.360.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 48 | PART 48—GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) | F | Subpart F—Definitions | § 48.645 Federal agency or agency. | VA | Federal agency or agency means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency. | |||||
| 7:7:2.1.1.2.17.0.260.1 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.1 Meaning of words. | AMS | Words in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. | ||||||
| 7:7:2.1.1.2.17.0.260.2 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.2 Definitions. | AMS | Unless the context otherwise requires, the following terms shall be construed as follows: (a) Act means “An act to prevent the destruction or dumping, without good and sufficient cause therefor, of farm produce received in interstate commerce by commission merchants and others, and to require them truly and correctly to account for all farm produce received by them,” approved March 3, 1927 (44 Stat. 1355; 7 U.S.C. 491-497). (b) Person means an individual, partnership, association or corporation. (c) Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. (d) Service means the Consumer and Marketing Service, United States Department of Agriculture. (e) Deputy Administrator means the Deputy Administrator for Marketing Services, or any officer or employee of the Service, to whom authority has heretofore lawfully been delegated, or to whom authority may hereafter lawfully be delegated, to act in his stead. (f) Director means the Director of the Fruit and Vegetable Division of the Service, or any officer or employee of the Division to whom authority has heretofore lawfully been delegated, or to whom authority may hereafter lawfully be delegated by the Director to act in his stead. (g) Produce means all fresh fruits and fresh vegetables generally considered by the trade as perishable fruits and vegetables, melons, dairy or poultry products, or any perishable farm products of any kind or character. (h) Truly and correctly to account means, unless otherwise stipulated by the parties, that the consignee of produce shall, within ten days after the final sale is made of any produce received for sale on consignment in interstate commerce or in the District of Columbia, render to the consignor thereof a true and correct itemized statement of the gross sales as well as all selling charges and all other charges or expenses paid and … | ||||||
| 7:7:2.1.1.2.17.0.261.3 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.3 Director. | AMS | The Director shall perform, for and under the supervision of the Secretary and the Deputy Administrator, such duties as the Secretary or the Deputy Administrator may require in enforcing the provisions of the Act and the regulations issued thereunder. | ||||||
| 7:7:2.1.1.2.17.0.262.4 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.4 Destroying or dumping. | AMS | Any person receiving produce in interstate commerce or in the District of Columbia for or on behalf of another who, without good and sufficient cause, shall destroy or abandon, discard as refuse, or dump any produce, directly or indirectly or through collusion with any person, shall be considered to have violated the Act. | ||||||
| 7:7:2.1.1.2.17.0.262.5 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.5 False report or statement. | AMS | Any person receiving produce in interstate commerce or in the District of Columbia for or on behalf of another shall be considered to have violated the Act if, knowingly and with intent to defraud, he makes any false report or statement to the person from whom such produce was received concerning the handling, condition, quality, quantity, sale, or disposition thereof. | ||||||
| 7:7:2.1.1.2.17.0.262.6 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.6 Failure to account. | AMS | Any person receiving produce in interstate commerce or in the District of Columbia for or on behalf of another shall be considered to have violated the Act if, knowingly and with intent to defraud, he fails truly and correctly to account to the person from whom such produce was received. | ||||||
| 7:7:2.1.1.2.17.0.263.7 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.7 Evidence to justify dumping. | AMS | Any person, receiving produce in interstate commerce or in the District of Columbia, having reason to destroy, abandon, discard as refuse or dump such produce, should, prior to such destroying, abandoning, discarding or dumping, obtain a dumping certificate or other evidence of justification for such action. Certification, showing that the produce has no commercial value, should be obtained from: (a) An inspector authorized by the United States Department of Agriculture to inspect produce; or (b) a health officer, or food inspector of any State, county, parish, city or municipality or of the District of Columbia. When no inspector or health officer, as designated in paragraph (a) or (b) of this section is available, affidavits as to the condition of the produce should be obtained from two disinterested persons having no financial interest in the produce involved or in the business of a person financially interested therein, and who are unrelated by blood or marriage to any such financially interested person, and who, at the time of certification, and for a period of at least one year immediately prior thereto, have been engaged in the handling of the same general kind or class of produce with respect to which such affidavits are to be made. The certificate or affidavit obtained for justifying dumping should identify the produce to be dumped by giving the name of the shipper, any identifying marks or brands on the original container, the type of container, the commodity, the quantity, the date of inspection, and contain a short description of the condition of the produce to be dumped at the time of inspection. The name, address and title of the person or persons making such inspection should also be designated on the certificate or affidavit. | ||||||
| 7:7:2.1.1.2.17.0.264.8 | 7 | Agriculture | I | B | 48 | PART 48—REQUIREMENTS OF THE SECRETARY OF AGRICULTURE FOR THE ENFORCEMENT OF THE PRODUCE AGENCY ACT | § 48.8 Filing of complaints. | AMS | Any person having reason to believe that the Act or the regulations in this part have been violated should submit promptly all available facts with respect thereto to the Director for investigation and appropriate action. |
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CREATE TABLE cfr_sections (
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
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section_number TEXT,
section_heading TEXT,
agency TEXT,
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source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);