cfr_sections
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40 rows where part_number = 525 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:3.1.1.1.17.0.89.1 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.1 Introduction. | DOL-WHD | The Fair Labor Standards Amendments of 1986 (Pub. L. 99-486, 100 Stat. 1229) substantially revised those provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201) (FLSA) permitting the employment of individuals disabled for the work to be performed (workers with disabilities) at special minimum wage rates below the rate that would otherwise be required by statute. These provisions are codified at section 14(c) of the FLSA and: (a) Provide for the employment under certificates of individuals with disabilities at special minimum wage rates which are commensurate with those paid to workers not disabled for the work to be performed employed in the vicinity for essentially the same type, quality, and quantity of work; (b) Require employers to provide written assurances that wage rates of individuals paid on an hourly rate basis be reviewed at least once every six months and that the wages of all employees be reviewed at least annually to reflect changes in the prevailing wages paid to experienced individuals not disabled for the work to be performed employed in the locality for essentially the same type of work; (c) Prohibit employers from reducing the wage rates prescribed by certificate in effect on June 1, 1986, for two years; (d) Permit the continuance or establishment of work activities centers; and (e) Provide that any employee receiving a special minimum wage rate pursuant to section 14(c), or the parent or guardian of such an employee, may petition for a review of that wage rate by an administrative law judge. | ||||||
| 29:29:3.1.1.1.17.0.89.10 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.10 Prevailing wage rates. | DOL-WHD | (a) A prevailing wage rate is a wage rate that is paid to an experienced worker not disabled for the work to be performed. The Department recognizes that there may be more than one wage rate for a specific type of work in a given area. An employer must be able to demonstrate that the rate being used as prevailing for determining a commensurate wage was objectively determined according to the guidelines contained in this section. (b) An employer whose work force primarily consists of nondisabled workers or who employs more than a token number of nondisabled workers doing similar work may use as the prevailing wage the wage rate paid to that employer's experienced nondisabled employees performing similar work. Where an agency places a worker or workers with disabilities on the premises of an employer described above, the wage paid to the employer's experienced workers may be used as prevailing. (c) An employer whose work force primarily consists of workers disabled for the work to be performed may determine the prevailing wage by ascertaining the wage rates paid to the experienced nondisabled workers of other employers in the vicinity. Such data may be obtained by surveying comparable firms in the area that employ primarily nondisabled workers doing similar work. The firms surveyed must be representative of comparable firms in terms of wages paid to experienced workers doing similar work. The appropriate size of such a sample will depend on the number of firms doing similar work but should include no less than three firms unless there are fewer firms doing such work in the area. A comparable firm is one which is of similar size in terms of employees or which competes for or bids on contracts of a similar size or nature. Employers may contact other sources such as the Bureau of Labor Statistics or private or State employment services where surveys are not practical. If similar work cannot be found in the area defined by the geographic labor market, the closest comparable community may be used. (d) The prevailing … | ||||||
| 29:29:3.1.1.1.17.0.89.11 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.11 Issuance of certificates. | DOL-WHD | (a) Upon consideration of the criteria cited in these regulations, a special certificate may be issued. (b) If a special minimum wage certificate is issued, a copy shall be sent to the employer. If denied, the employer will be notified in writing and told the reasons for the denial, as well as the right to petition under § 525.18. | ||||||
| 29:29:3.1.1.1.17.0.89.12 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.12 Terms and conditions of special minimum wage certificates. | DOL-WHD | (a) A special minimum wage certificate shall specify the terms and conditions under which it is granted. (b) A special minimum wage certificate shall apply to all workers employed by the employer to which the special certificate is granted provided such workers are in fact disabled for the work they are to perform. (c) A special minimum wage certificate shall be effective for a period to be designated by the Administrator. Workers with disabilities may be paid wages lower than the statutory minimum wage rate set forth in section 6 of FLSA only during the effective period of the certificate. (d) Workers paid under special minimum wage certificates shall be paid wages commensurate with those paid experienced nondisabled workers employed in the vicinity in which they are employed for essentially the same type, quality, and quantity of work. (e) Workers with disabilities shall be paid not less than one and one-half times their regular rates of pay for all hours worked in excess of the maximum workweek applicable under section 7 of FLSA. (f) The wages of all workers paid a special minimum wage under this part shall be adjusted by the employer at periodic intervals at a minimum of once a year to reflect changes in the prevailing wages paid to experienced individuals not disabled for the work to be performed employed in the vicinity for essentially the same type of work. (g) Each worker with a disability and, where appropriate, a parent or guardian of the worker, shall be informed, orally and in writing, of the terms of the certificate under which such worker is employed. This requirement may be satisfied by making copies of the certificate available. Where a worker with disabilities displays an understanding of the terms of a certificate and requests that other parties not be informed, it is not necessary to inform a parent or guardian. (h) In establishing piece rates for workers with disabilities, the following criteria shall be used: (1) Industrial work measurement methods such as stop watch time studies, pre… | ||||||
| 29:29:3.1.1.1.17.0.89.13 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.13 Renewal of special minimum wage certificates. | DOL-WHD | (a) Applications may be filed for renewal of special minimum wage certificates. (b) If an application for renewal has been properly and timely filed, an existing special minimum wage certificate shall remain in effect until the application for renewal has been granted or denied. (c) Workers with disabilities may not continue to be paid special minimum wages after notice that an application for renewal has been denied. (d) Except in cases of willfulness or those in which the public interest requires otherwise, before an application for renewal is denied facts or conduct which may warrant such action shall be called to the attention of the employer in writing and such employer shall be afforded an opportunity to demonstrate or achieve compliance with all legal requirements. | ||||||
| 29:29:3.1.1.1.17.0.89.14 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.14 Posting of notices. | DOL-WHD | Every employer having workers who are employed under special minimum wage certificates shall at all times display and make available to employees a poster as prescribed and supplied by the Administrator. The Administrator will make available, upon request, posters in other formats such as Braille or recorded tapes. Such a poster will explain, in general terms, the conditions under which special minimum wages may be paid and shall be posted in a conspicuous place on the employer's premises where it may be readily observed by the workers with disabilities, the parents and guardians of such workers, and other workers. Where an employer finds it inappropriate to post such a notice, this requirement may be satisfied by providing the poster directly to all employees subject to its terms. | ||||||
| 29:29:3.1.1.1.17.0.89.15 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.15 Industrial homework. | DOL-WHD | (a) Where the employer is an organization or institution carrying out a recognized program of rehabilitation for workers with disabilities and holds a special certificate issued pursuant to this part, certification under regulations governing the employment of industrial homeworkers (29 CFR part 530) is not required. (b) For all other types of employers, special rules apply to the employment of homeworkers in the following industries: Jewelry manufacturing, knitted outerwear, gloves and mittens, buttons and buckles, handkerchief manufacturing, embroideries, and women's apparel. (See 29 CFR part 530.) | ||||||
| 29:29:3.1.1.1.17.0.89.16 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.16 Records to be kept by employers. | DOL-WHD | [54 FR 32928, Aug. 10, 1989, as amended at 82 FR 2228, Jan. 9, 2017] | Every employer, or where appropriate (in the case of records verifying the workers' disabilities) the referring agency or facility, of workers employed under special minimum wage certificates shall maintain and have available for inspection records indicating: (a) Verification of the workers' disabilities; (b) Evidence of the productivity of each worker with a disability gathered on a continuing basis or at periodic intervals (not to exceed six months in the case of employees paid hourly wage rates); (c) The prevailing wages paid workers not disabled for the job performed who are employed in industry in the vicinity for essentially the same type of work using similar methods and equipment as that used by each worker with disabilities employed under a special minimum wage certificate (see also § 525.10(b) and (d)); (d) The production standards and supporting documentation for nondisabled workers for each job being performed by workers with disabilities employed under special certificates; and (e) The records required under all of the applicable provisions of part 516 of this title, except that any provision pertaining to homeworker handbooks shall not be applicable to workers with disabilities who are employed by a recognized nonprofit rehabilitation facility and working in or about a home, apartment, tenement, or room in a residential establishment. (See § 525.15) Records required by this section shall be maintained and preserved for the periods specified in part 516 of this title. | |||||
| 29:29:3.1.1.1.17.0.89.17 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.17 Revocation of certificates. | DOL-WHD | (a) A special minimum wage certificate may be revoked for cause at any time. A certificate may be revoked: (1) As of the date of issuance, if it is found that misrepresentations or false statements have been made in obtaining the certificate or in permitting a worker with a disability to be employed thereunder; (2) As of the date of violation, if it is found that any of the provisions of FLSA or of the terms of the certificate have been violated; or (3) As of the date of notice of revocation, if it is found that the certificate is no longer necessary in order to prevent curtailment of opportunities for employment, or that the requirements of these regulations other than those referred to in paragraph (a)(2) of this section have not been complied with. (b) Except in cases of willfulness or those in which the public interest requires otherwise, before any certificate shall be revoked, facts or conduct which may warrant such action shall be called to the attention of the employer in writing and such employer shall be afforded an opportunity to demonstrate or achieve compliance with all legal requirements. | ||||||
| 29:29:3.1.1.1.17.0.89.18 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.18 Review. | DOL-WHD | Any person aggrieved by any action of the Administrator taken pursuant to this part may, within 60 days or such additional time as the Administrator may allow, file with the Administrator a petition for review. Such review, if granted, shall be made by the Administrator. Other interested persons, to the extent it is deemed appropriate, may be afforded an opportunity to present data and views. | ||||||
| 29:29:3.1.1.1.17.0.89.19 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.19 Investigations and hearings. | DOL-WHD | The Administrator may conduct an investigation, which may include a hearing, prior to taking any action pursuant to these regulations. To the extent it is deemed appropriate, the Administrator may provide an opportunity to other interested persons to present data and views. Proceedings initiated pursuant to this section are separate from those taken pursuant to FLSA section 14(c)(5) and § 525.22. | ||||||
| 29:29:3.1.1.1.17.0.89.2 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.2 Purpose and scope. | DOL-WHD | The regulations in this part govern the issuance of all certificates authorizing the employment of workers with disabilities at special minimum wages pursuant to section 14(c) of FLSA. | ||||||
| 29:29:3.1.1.1.17.0.89.20 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.20 Relation to other laws. | DOL-WHD | No provision of these regulations, or of any special minimum wage certificate issued thereunder, shall excuse noncompliance with any other Federal or State law or municipal ordinance establishing higher standards. | ||||||
| 29:29:3.1.1.1.17.0.89.21 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.21 Lowering of wage rates. | DOL-WHD | (a) No employer may reduce the minimum hourly wage rate, guaranteed by a special minimum wage certificate in effect on June 1, 1986, of any worker with disabilities from June 1, 1986 until May 31, 1988, without prior authorization of the Secretary. (b) This provision applies to those workers with disabilities who were: (1) Employed during the pay period which included June 1, 1986, even if no work was performed during that pay period; and (2) Employed under a group or individual special minimum wage certificate which specified a minimum guaranteed rate, i.e., a special certificate issued under former section 14(c) (1) or (2)(b) of FLSA. (c) In order to obtain authority to lower the wage rate of a worker with a disability to whom this provision applies to a rate below the certificate rate, the employer must submit information as prescribed under this section to the appropriate Regional Office. The burden of establishing the necessity of lowering the wage of a worker with a disability rests with the employer. (d) In reviewing a request to lower a wage rate of a worker with a disability, documented evidence of the following will be considered: (1) Any change in the worker's disabling condition which has a substantially negative impact on productive capacity; (2) Any change in the type of work being performed in the facility which would affect the productivity of the worker with a disability or which would result in the application of a lower prevailing wage rate; (3) Any change in general economic conditions in the locality in which the work is performed which results in lower prevailing wage rates. (e) A wage rate may not be lowered until authorization is obtained. | ||||||
| 29:29:3.1.1.1.17.0.89.22 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.22 Employee's right to petition. | DOL-WHD | [54 FR 32928, Aug. 10, 1989, as amended at 82 FR 2228, Jan. 9, 2017; 86 FR 1786, Jan. 11, 2021] | (a) Any employee receiving a special minimum wage at a rate specified pursuant to subsection 14(c) of FLSA or the parent or guardian of such an employee may petition the Secretary to obtain a review of such special minimum wage rate. No particular form of petition is required, except that a petition must be signed by the individual, or the parent or guardian of the individual, and should contain the name and address of the employee and the name and address of the employee's employer. A petition may be filed in person or by mail with the Administrator of the Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue NW., Washington, DC 20210. The petitioner may be represented by counsel in any stage of such proceedings. Upon receipt, the petition shall be forwarded immediately to the Chief Administrative Law Judge. (b) Upon receipt of a petition, the Chief Administrative Law Judge shall, within 10 days of the receipt of the petition by the Secretary, appoint an Administrative Law Judge (ALJ) to hear the case. Upon receipt, the ALJ shall notify the employer named in the petition. The ALJ shall also notify the employee, the employer, the Administrator, and the Associate Solicitor for Fair Labor Standards of the time and place of the hearing. The date of the hearing shall be not more than 30 days after the assignment of the case to the ALJ. All the parties shall be given at least eight days' notice of such hearing. Because of the time constraints imposed by the statute, requests for postponement shall be granted only sparingly and for compelling reasons. (c) Hearings held under this subpart shall be conducted, consistent with statutory time limitations, under the Department's rules of practice and procedure for administrative hearings found in 29 CFR part 18. There shall be a minimum of formality in the proceeding consistent with orderly procedure. Any employer who intends to participate in the proceeding shall provide to the ALJ, and shall serve on the petitioner and the Associate Solici… | |||||
| 29:29:3.1.1.1.17.0.89.23 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.23 Work activities centers. | DOL-WHD | Nothing in these regulations shall be interpreted to prevent an employer from maintaining or establishing work activities centers to provide therapeutic activities for workers with disabilities as long as the employer complies with the requirement of these regulations. Work activities centers shall include centers planned and designed to provide therapeutic activities for workers with severe disabilities affecting their productive capacity. Any establishment whose workers with disabilities are employed at special minimum wages must comply with the requirements of this part, regardless of the designation of such establishment. | ||||||
| 29:29:3.1.1.1.17.0.89.24 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.24 Advisory Committee on Special Minimum Wages. | DOL-WHD | The Advisory Committee on Special Minimum Wages, the members of which are appointed by the Secretary, shall advise and make recommendations to the Administrator concerning the administration and enforcement of these regulations and the need for amendments thereof and shall serve such other functions as may be desired by the Administrator. | ||||||
| 29:29:3.1.1.1.17.0.89.3 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.3 Definitions. | DOL-WHD | (a) FLSA means the Fair Labor Standards Act of 1938, as amended. (b) Secretary means the Secretary of Labor or the Secretary of Labor's authorized representative. (c) Administrator means the Administrator of the Wage and Hour Division, U.S. Department of Labor, or the Administrator's authorized representative. (d) Worker with a disability for the purpose of this part means an individual whose earning or productive capacity is impaired by a physical or mental disability, including those relating to age or injury, for the work to be performed. Disabilities which may affect earning or productive capacity include blindness, mental illness, mental retardation, cerebral palsy, alcoholism, and drug addiction. The following, taken by themselves, are not considered disabilities for the purposes of this part: Vocational, social, cultural, or educational disabilities; chronic unemployment; receipt of welfare benefits; nonattendance at school; juvenile delinquency; and, correctional parole or probation. Further, a disability which may affect earning or productive capacity for one type of work may not affect such capacity for another. (e) Patient worker means a worker with a disability, as defined above, employed by a hospital or institution providing residential care where such worker receives treatment or care without regard to whether such worker is a resident of the establishment. (f) Hospital or institution, hereafter referred to as institution, is a public or private, nonprofit or for-profit facility primarily engaged in ( i.e., more than 50 percent of the income is attributable to) providing residential care for the sick, the aged, or the mentally ill or retarded, including but not limited to nursing homes, intermediate care facilities, rest homes, convalescent homes, homes for the elderly and infirm, halfway houses, residential centers for drug addicts or alcoholics, and the like, whether licensed or not licensed. (g) Employ is defined in FLSA as to suffer or permit to work. An employment rela… | ||||||
| 29:29:3.1.1.1.17.0.89.4 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.4 Patient workers. | DOL-WHD | With respect to patient workers, as defined in § 525.3(e), a major factor in determining if an employment relationship exists is whether the work performed is of any consequential economic benefit to the institution. Generally, work shall be considered to be of consequential economic benefit if it is of the type that workers without disabilities normally perform, in whole or in part in the institution or elsewhere. However, a patient does not become an employee if he or she merely performs personal housekeeping chores, such as maintaining his or her own quarters, or receives a token remuneration in connection with such services. It may also be possible for patients in family-like settings such as group homes to rotate or share household tasks or chores without becoming employees. | ||||||
| 29:29:3.1.1.1.17.0.89.5 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.5 Wage payments. | DOL-WHD | (a) An individual whose earning or productive capacity is not impaired for the work being performed cannot be employed under a certificate issued pursuant to this part and must be paid at least the applicable minimum wage. An individual whose earning or productive capacity is impaired to the extent that the individual is unable to earn at least the applicable minimum wage may be paid a commensurate wage, but only after the employer has obtained a certificate authorizing payment of special minimum wages from the appropriate office of the Wage and Hour Division of the Department of Labor. (b) With respect to patient workers employed in institutions, no deductions can be made from such individuals' commensurate wages to cover the cost of room, board, or other services provided by the facility. Such an individual must receive his or her wages free and clear, except for amounts deducted for taxes assessed against the employee and any voluntary wage assignments directed by the employee. (See part 531 of this title.) However, it is not the intention of these regulations to preclude the institution thereafter from assessing or collecting charges for room, board, and other services actually provided to an individual to the extent permitted by applicable Federal or State law and on the same basis as it assesses and collects from nonworking patients. | ||||||
| 29:29:3.1.1.1.17.0.89.6 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.6 Compensable time. | DOL-WHD | Individuals employed subject to this part must be compensated for all hours worked. Compensable time includes not only those hours during which the individual is actually performing productive work but also includes those hours when no work is performed but the individual is required by the employer to remain available for the next assignment. However, where the individual is completely relieved from duty and is not required to remain available for the next assignment, such time will not be considered compensable time. For example, an individual employed by a rehabilitation facility would not be engaged in a compensable activity where such individual is completely relieved from duty but is provided therapy or the opportunity to participate in an alternative program or activity in the facility not involving work and not directly related to the worker's job (e.g., self-help skills training, recreation, job seeking skills training, independent living skills, or adult basic education). The burden of establishing that such hours are not compensable rests with the facility and such hours must be clearly distinguishable from compensable hours. (For further information on compensable time in general under FLSA, see part 785 of this title.) | ||||||
| 29:29:3.1.1.1.17.0.89.7 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.7 Application for certificates. | DOL-WHD | (a) Application for a certificate may be filed by any employer with the Regional Office of the Wage and Hour Division having administrative jurisdiction over the geographic area in which the employment is to take place. (b) The employer shall provide answers to all of the applicable questions contained on the application form provided by the Regional Office. (c) The application shall be signed by the employer or the employer's authorized representative. | ||||||
| 29:29:3.1.1.1.17.0.89.8 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.8 Special provisions for temporary authority. | DOL-WHD | (a) Temporary authority may be granted to an employer permitting the employment of workers with disabilities pursuant to a vocational rehabilitation program of the Veterans Administration for veterans with a service-incurred disability or a vocational rehabilitation program administered by a State agency. (b) Temporary authority is effective for 90 days from the date the appropriate section of the application form is signed and completed by the duly designated representative of the State agency or the Veterans Administration. Such authority may not be renewed or extended by the issuing agency. (c) The signed application constitutes the temporary authority to employ workers with disabilities at special minimum wage rates. A copy of the application must be forwarded within 10 days to the appropriate Regional Office of the Wage and Hour Division. Upon receipt, the application will be reviewed and, where appropriate, a certificate will be issued by the Regional Office. Where additional information is required or certification is denied, the applicant will receive notification from the Regional Office. | ||||||
| 29:29:3.1.1.1.17.0.89.9 | 29 | Labor | V | A | 525 | PART 525—EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES | § 525.9 Criteria for employment of workers with disabilities under certificates at special minimum wage rates. | DOL-WHD | (a) In order to determine that special minimum wage rates are necessary in order to prevent the curtailment of opportunities for employment, the following criteria will be considered: (1) The nature and extent of the disabilities of the individuals employed as these disabilities relate to the individuals' productivity; (2) The prevailing wages of experienced employees not disabled for the job who are employed in the vicinity in industry engaged in work comparable to that performed at the special minimum wage rate; (3) The productivity of the workers with disabilities compared to the norm established for nondisabled workers through the use of a verifiable work measurement method (see § 525.12(h)) or the productivity of experienced nondisabled workers employed in the vicinity on comparable work; and, (4) The wage rates to be paid to the workers with disabilities for work comparable to that performed by experienced nondisabled workers. (b) In order to be granted a certificate authorizing the employment of workers with disabilities at special minimum wage rates, the employer must provide the following written assurances concerning such employment: (1) In the case of individuals paid hourly rates, the special minimum wage rates will be reviewed by the employer at periodic intervals at a minimum of once every six months; and, (2) Wages for all employees will be adjusted by the employer at periodic intervals at a minimum of once each year to reflect changes in the prevailing wages paid to experienced nondisabled individuals employed in the locality for essentially the same type of work. | ||||||
| 46:46:9.0.1.2.12.0.1.1 | 46 | Shipping | IV | B | 525 | PART 525—MARINE TERMINAL OPERATOR SCHEDULES | § 525.1 Purpose and scope. | FMC | [64 FR 9283, Feb. 25, 1999, as amended at 74 FR 50723, Oct. 1, 2009; 87 FR 15125, Mar. 17, 2022] | (a) Purpose. This part implements the Shipping Act of 1984, as amended (46 U.S.C. 40101-41309). The requirements of this part are necessary to enable the Commission to meet its responsibilities with regard to identifying and preventing unreasonable preference or prejudice and unjust discrimination pursuant to section 10 of the Act (46 U.S.C. 41101-41106). (b) Scope. This part sets forth the regulations for the publication of terminal schedules by marine terminal operators. Information made available under this part may be used to determine marine terminal operators' compliance with shipping statutes and regulations. (c) Definitions. The following definitions apply to the regulations of this part: (1) Act means the Shipping Act of 1984, as amended. (2) Bulk cargo means cargo that is loaded and carried in bulk without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk containerized cargo tendered by the shipper is subject to mark and count and is, therefore, subject to the requirements of this part. (3) Checking means the service of counting and checking cargo against appropriate documents for the account of the cargo or the vessel, or other person requesting same. (4) Commission means the Federal Maritime Commission. (5) Dockage means the charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure, or bank or for mooring to a vessel so berthed. (6) Effective date means the date a schedule or an element of a schedule becomes effective. Where there are multiple publications on the same day, the last schedule or element of a schedule published with the same effective date is the one effective for that day. (7) Expiration date means the last day after which the entire schedule or a single element of the schedule, is no longer in effect. (8) Forest products means forest products including, but not limited to, lumber in bundles, rough timber, ties, poles, piling, laminated beams, bundled siding, bundled plywood, bundled core stock or … | |||||
| 46:46:9.0.1.2.12.0.1.2 | 46 | Shipping | IV | B | 525 | PART 525—MARINE TERMINAL OPERATOR SCHEDULES | § 525.2 Terminal schedules. | FMC | [64 FR 9283, Feb. 25, 1999, as amended at 74 FR 50723, Oct. 1, 2009] | (a) Marine terminal operator schedules. A marine terminal operator, at its discretion, may make available to the public, subject to section 10(d) of the Act (46 U.S.C. 41102(c), 41103, 41106), a schedule of its rates, regulations, and practices. (1) Limitations of liability. Any limitations of liability for cargo loss or damage pertaining to receiving, delivering, handling, or storing property at the marine terminal contained in a terminal schedule must be consistent with domestic law and international conventions and agreements adopted by the United States; such terminal schedules cannot contain provisions that exculpate or relieve marine terminal operators from liability for their own negligence, or that impose upon others the obligation to indemnify or hold-harmless the terminals from liability for their own negligence. (2) Enforcement of terminal schedules. Any schedule that is made available to the public by the marine terminal operator shall be enforceable by an appropriate court as an implied contract between the marine terminal operator and the party receiving the services rendered by the marine terminal operator, without proof that such party has actual knowledge of the provisions of the applicable terminal schedule. (3) Contracts for terminal services. If the marine terminal operator has an actual contract with a party covering the services rendered by the marine terminal operator to that party, an existing terminal schedule covering those same services shall not be enforceable as an implied contract. (b) Cargo types not subject to this part. (1) Except as set forth in paragraph (b)(2) of this section, this part does not apply to bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper and paper waste in terminal schedules. (2) Marine terminal operators which voluntarily make available terminal schedules covering any of the commodities identified in paragraph (b)(1) of this section thereby subject their services with respect to those commodities to the … | |||||
| 46:46:9.0.1.2.12.0.1.3 | 46 | Shipping | IV | B | 525 | PART 525—MARINE TERMINAL OPERATOR SCHEDULES | § 525.3 Availability of marine terminal operator schedules. | FMC | [64 FR 9283, Feb. 25, 1999, as amended at 87 FR 15125, Mar. 17, 2022] | (a) Availability of terminal schedules —(1) Availability to the Commission. A complete and current set of terminal schedules used by a marine terminal operator, or to which it is a party, shall be maintained in its office(s) for a period of five (5) years, whether or not made available to the public, and shall promptly be made available to the Commission upon request. (2) Availability to the public. Any terminal schedule that is made available to the public shall be available during normal business hours and in electronic form. The public may be assessed a reasonable nondiscriminatory charge for access to the terminal schedules; no charge will be assessed against the Commission. (b) Access to electronically published schedules. Marine terminal operators shall provide access to their terminal schedules via the internet. (c) Internet connection. (1) The internet connection requires that systems provide a uniform resource locator (URL) internet address ( e.g., http://www.tariffsrus.com or http://1.2.3.4 ). (2) Marine terminal operators shall ensure that their internet service providers provide static internet addresses. (d) Notification. Each marine terminal operator shall notify the Commission's Bureau of Trade Analysis (BTA), prior to the commencement of marine terminal operations, of its organization name, home office address, contact information for its representative, the location of its terminal schedule(s), and the publisher, if any, used to maintain its terminal schedule, by electronically submitting Form FMC-1 via the Commission's website at www.fmc.gov. Any changes to the above information shall be immediately transmitted to BTA within 30 calendar days. BTA has the authority to accept submitted Form FMC-1 filings and revisions. Form FMC-1 filings are pending until accepted. The Commission will publish, on its website, the location of any terminal schedule made available to the public. (e) Form and manner. A marine terminal operator may make available to the public a schedule of rates… | |||||
| 46:46:9.0.1.2.12.0.1.4 | 46 | Shipping | IV | B | 525 | PART 525—MARINE TERMINAL OPERATOR SCHEDULES | § 525.4 OMB control number assigned pursuant to the Paperwork Reduction Act. | FMC | The Commission has received Office of Management and Budget approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. In accordance with that Act, agencies are required to display a currently valid control number. In this regard, the valid control number for this collection of information is 3072-0061. | ||||||
| 49:49:6.1.2.3.10.0.1.1 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.1 Scope. | NHTSA | This part establishes procedures under section 502(c) of the Motor Vehicle Information and Cost Savings Act, as amended (15 U.S.C. 2002) for the submission and disposition of petitions filed by low volume manufacturers of passenger automobiles to exempt them from the average fuel economy standards for passenger automobiles and to establish alternative average fuel economy standards for those manufacturers. | |||||||
| 49:49:6.1.2.3.10.0.1.10 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.10 Renewal of exemption. | NHTSA | A manufacturer exempted under this part may request renewal of its exemption by submitting a petition meeting the requirements of §§ 525.6 and 525.7. | |||||||
| 49:49:6.1.2.3.10.0.1.11 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.11 Termination of exemption; amendment of alternative average fuel economy standard. | NHTSA | (a) Any exemption granted under this part for an affected model year does not apply to a manufacturer that is ineligible under § 525.5 for an exemption in that model year. (b) The administrator may initiate rulemaking either on his own motion or on petition by an interested person to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part. (c) Any interested persons may petition the Administrator to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part. | |||||||
| 49:49:6.1.2.3.10.0.1.12 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.12 Public inspection of information. | NHTSA | [46 FR 2063, Jan. 8, 1981] | (a) Except as provided in paragraph (b), any person may inspect available information relevant to a petition under this part, including the petition and any supporting data, memoranda of informal meetings with the petitioner or any other interested persons, and the notices regarding the petition, in the Docket Section of the National Highway Traffic Safety Administration. Any person may obtain copies of the information available for inspection under this paragraph in accordance with part 7 of the regulations of the Office of the Secretary of Transportation (49 CFR part 7). (b) Except for the release of confidential information authorized by section 505 of the Act and part 512 of this chapter, information made available for public inspection does not include information for which confidentiality is requested under § 525.6(g) and is granted in accordance with part 512 and sections 502 and 505 of the Act and section 552(b) of title 5 of the U.S.C. | ||||||
| 49:49:6.1.2.3.10.0.1.2 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.2 Purpose. | NHTSA | The purpose of this part is to provide content and format requirements for low volume manufacturers of passenger automobiles which desire to petition the Administrator for exemption from applicable average fuel economy standards and for establishment of appropriate alternative average fuel economy standards and to give interested persons an opportunity to present data, views and arguments on those petitions. | |||||||
| 49:49:6.1.2.3.10.0.1.3 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.3 Applicability. | NHTSA | This part applies to passenger automobile manufacturers. | |||||||
| 49:49:6.1.2.3.10.0.1.4 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.4 Definitions. | NHTSA | [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979] | (a) Statutory terms. (1) The terms fuel, manufacture, manufacturer, and model year, are used as defined in section 501 of the Act. (2) The terms average fuel economy, fuel economy, and model type are used as defined in 40 CFR 600.002-77. (3) The term automobile means a vehicle determined by the Administrator under 49 CFR part 523 to be an automobile. (4) The term passenger automobile means an automobile determined by the Administrator under 49 CFR part 523 to be a passenger automobile. (5) The term customs territory of the United States is used as defined in 19 U.S.C. 1202. (b) Other terms. (1) The term base level and vehicle configuration are used as defined in 40 CFR 600.002-77. (2) The term vehicle curb weight is used as defined in 40 CFR 85.002. (3) The term interior volume index is used as defined in 40 CFR 600.315-77. (4) The term frontal area is used as defined in 40 CFR 86.129-79. (5) The term basic engine is used as defined in 40 CFR 600.002-77(a)(21). (6) The term designated seating position is defined in 49 CFR 571.3. (7) As used in this part, unless otherwise required by the context: Act means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163); Administrator means the Administrator of the National Highway Traffic Safety Administration; Affected model year means a model year for which an exemption and alternative average fuel economy standard are requested under this part; Production mix means the number of passenger automobiles, and their percentage of the petitioner's annual total production of passenger automobiles, in each vehicle configuration which a petitioner plans to manufacture in a model year; and Total drive ratio means the ratio of an automobile's engine rotational speed (in revolutions per minute) to the automobile's forward speed (in miles per hour). | ||||||
| 49:49:6.1.2.3.10.0.1.5 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.5 Limitation on eligibility. | NHTSA | Any manufacturer that manufactures (whether or not in the customs territory of the United States) 10,000 or more passenger automobiles in the second model year preceding an affected model year or in the affected model year is ineligible for an exemption for that affected model year. | |||||||
| 49:49:6.1.2.3.10.0.1.6 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.6 Requirements for petition. | NHTSA | [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 46 FR 2063, Jan. 8, 1981] | Each petition filed under this part must— (a) Identify the model year or years for which exemption is requested; (b) Be submitted not later than 24 months before the beginning of the affected model year, unless good cause for later submission is shown; (c) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590; (d) Be written in the English language; (e) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the manufacturer; (f) Set forth in full data, views and arguments of the petitioner supporting the exemption and alternative average fuel economy standard requested by the petitioner, including the information and data specified by § 525.7 and the calculations and analyses used to develop that information and data. No documents may be incorporated by reference in a petition unless the documents are submitted with the petition; (g) Specify and segregate any part of the information and data submitted under this part that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter. | ||||||
| 49:49:6.1.2.3.10.0.1.7 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.7 Basis for petition. | NHTSA | [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 58 FR 18029, Apr. 7, 1993] | (a) The petitioner shall include the information specified in paragraphs (b) through (h) in its petition. (b) Whether the petitioner controls, is controlled by, or is under common control with another manufacturer of passenger automobiles, and if so, the nature of that control relationship, and the total number of passenger automobiles manufactured by such other manufacturer or manufacturers. (c) The total number of passenger automobiles manufactured or likely to be manufactured (whether or not in the customs territory of the United States) by the petitioner in the second model year immediately preceding each affected model year. (d) For each affected model year, the petitioner's projections of the most fuel efficient production mix of vehicle configurations and base levels of its passenger automobiles which the petitioner could sell in that model year, and a discussion demonstrating that these projections are reasonable. The discussion shall include information showing that the projections are consistent with— (1) The petitioner's annual total production and production mix of passenger automobiles manufactured or likely to be manufactured in each of the four model years immediately preceding that affected model year; (2) Its passenger automobile production capacity for that affected model year; (3) Its efforts to comply with that average fuel economy standard; and (4) Anticipated consumer demand in the United States for passenger automobiles during that affected model year. (e) For each affected model year, a description of the following features of each vehicle configuration of the petitioner's passenger automobiles to be manufactured in that affected model year; (1) Maximum overall body width, overall length, and overall height, determined in accordance with Motor Vehicle Dimensions SAE J1100a (report of Human Engineering Committee, approved September 1973, as revised September 1975); (2) Vehicle curb weight; (3) Number of designated seating positions and interior volume index; (4) Basic engine, di… | ||||||
| 49:49:6.1.2.3.10.0.1.8 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.8 Processing of petitions. | NHTSA | [42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979] | (a) If a petition is found not to contain the information required by this part, the petition is informed about the areas of insufficiency and advised that the petition will not receive further consideration until the required information is submitted. (b) The Administrator may request the petitioner to provide information in addition to that required by this part. (c) The Administrator publishes a proposed decision in the Federal Register. The proposed decision indicates the proposed grant of the petition and establishment of an alternative average fuel economy standard, or the proposed denial of the petition, specifies the reasons for the proposal and invites written public comment on the proposal. (d) Any interested person may, upon written request to the Administrator not later than 15 days after the publication of a notice under paragraph (c) of this section, meet informally with an appropriate official of the National Highway Traffic Safety Administration to discuss the petition or notice. (e) After the conclusion of the period for public comment on the proposal, the Administrator publishes a final decision in the Federal Register. The final decision is based on the petition, written public comments, and other available information. The final decision sets forth the grant of the exemption and establishes an alternative average fuel economy standard or the denial of the petition, and the reasons for the decision. | ||||||
| 49:49:6.1.2.3.10.0.1.9 | 49 | Transportation | V | 525 | PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS | § 525.9 Duration of exemption. | NHTSA | An exemption may be granted under this part for not more than three model years. |
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