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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:2.0.3.3.22.2.127.1 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | B | Subpart B—Alcohol Testing | § 550.10 Purpose and scope. | BOP | [45 FR 33940, May 20, 1980] | The Bureau of Prisons maintains a surveillance program in order to deter and to detect the illegal introduction or use of alcohol in its institutions. In an effort to reduce the introduction or use of alcohol, the Warden shall establish procedures for monitoring and testing individual inmates or groups of inmates who are known or suspected to be users of alcohol, or who are considered high risks based on behavior observed or on information received by staff. (a) Staff may prepare a disciplinary report on an inmate who shows a positive substantiated test result for alcohol. (b) Staff may initiate disciplinary action against an inmate who refuses to submit to an alcohol test. | |||
| 28:28:2.0.3.3.22.4.127.1 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | D | Subpart D—Urine Surveillance | § 550.30 Purpose and scope. | BOP | The Warden shall establish programs of urine testing for drug use, to monitor specific groups or individual inmates who are considered as high risk for drug use, such as those involved in community activities, those with a history of drug use, and those inmates specifically suspected of drug use. Testing shall be performed with frequency determined by the Warden on at least 50 percent of those inmates who are involved in community activities. In addition, staff shall randomly sample each institution's inmate population during each month to test for drug use. | ||||
| 28:28:2.0.3.3.22.4.127.2 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | D | Subpart D—Urine Surveillance | § 550.31 Procedures. | BOP | (a) Staff of the same sex as the inmate tested shall directly supervise the giving of the urine sample. If an inmate is unwilling to provide a urine sample within two hours of a request for it, staff ordinarily shall file an incident report. No waiting period or extra time need be allowed for an inmate who directly and specifically refuses to provide a urine sample. To eliminate the possibility of diluted or adulterated samples, staff shall keep the inmate under direct visual supervision during this two-hour period, or until a complete sample is furnished. To assist the inmate in giving the sample, staff shall offer the inmate eight ounces of water at the beginning of the two-hour time period. An inmate is presumed to be unwilling if the inmate fails to provide a urine sample within the allotted time period. An inmate may rebut this presumption during the disciplinary process. (b) Institution staff shall determine whether a justifiable reason exists, (e.g., use of prescribed medication) for any positive urine test result. If the inmate's urine test shows a positive test result for the presence of drugs which cannot be justified, staff shall file an incident report. | ||||
| 28:28:2.0.3.3.22.5.127.1 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | E | Subpart E—Drug Services (Urine Surveillance and Counseling for Sentenced Inmates in Contract CTCs) | § 550.40 Purpose and scope. | BOP | The Bureau of Prisons requires that an inmate who is serving a sentence in a contract community treatment center (CTC) participate in a program of urine testing for drug use. An inmate who is serving a sentence in a contract CTC, and who has drug aftercare as a condition of release also shall receive drug counseling during the inmate's stay at the contract CTC. | ||||
| 28:28:2.0.3.3.22.5.127.2 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | E | Subpart E—Drug Services (Urine Surveillance and Counseling for Sentenced Inmates in Contract CTCs) | § 550.41 Urine surveillance. | BOP | A program of urine testing for drug use shall be established in contract CTCs. (a) Urine surveillance shall be conducted on all inmates serving their sentence in a contract CTC: (1) Who have drug aftercare as a condition of release; (2) Who have a known history of drug abuse; or (3) Who are suspected of using drugs. Center staff shall collect a minimum of six samples per month from an inmate who meets one or more of the criteria listed in paragraphs (a) (1) through (3) of this section. (b) The Center Director shall establish a schedule for random collection for all other sentenced inmates not identified in paragraph (a) of this section. | ||||
| 28:28:2.0.3.3.22.5.127.3 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | E | Subpart E—Drug Services (Urine Surveillance and Counseling for Sentenced Inmates in Contract CTCs) | § 550.42 Procedures for urine surveillance. | BOP | (a) Contractor authorized personnel of the same sex as the inmate must witness collection of the inmate's urine sample. Inmates may not be involved in the collection, recording, mailing, or processing of the test results. (b) If an inmate fails to provide a urine sample within two hours of a request for it, center staff may file a disciplinary report. To eliminate the possibility of diluted or adulterated samples, center staff shall keep the inmate under direct supervision during this two-hour period. (c) Center staff shall have each positive urine test validated to substantiate the positive result. Center staff shall file a disciplinary report if the inmate's urine test shows a positive result for the presence of drugs which the inmate cannot satisfactorily justify to center staff. (d) The results of disciplinary hearings and a copy of positive urine testing results which the inmate cannot satisfactorily justify to center staff shall be sent to the appropriate Regional U.S. Parole Commission Office, the Community Programs Manager (CPM), and the U.S. Probation Office. | ||||
| 28:28:2.0.3.3.22.5.127.4 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | E | Subpart E—Drug Services (Urine Surveillance and Counseling for Sentenced Inmates in Contract CTCs) | § 550.43 Drug counseling. | BOP | (a) Drug counseling shall be provided to sentenced inmates in contract community treatment centers who have drug aftercare as a condition of release. (b) Counseling shall include a minimum of a 30-minute session each week, provided by qualified staff. (c) Center staff shall document in the inmate's file the date and time of each counseling session. The counselor must prepare a monthly summary of each inmate's progress. This report shall be placed in the inmate's file. | ||||
| 28:28:2.0.3.3.22.5.127.5 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | E | Subpart E—Drug Services (Urine Surveillance and Counseling for Sentenced Inmates in Contract CTCs) | § 550.44 Procedures for arranging drug counseling. | BOP | The contract center staff shall hold a program planning conference with a sentenced inmate who has drug aftercare as a condition of release. At this meeting, held within one week of the inmate's arrival at the center, plans are made for the inmate to receive drug counseling. The meeting is attended by center staff, the inmate, and the Chief U.S. Probation Officer or designee. | ||||
| 28:28:2.0.3.3.22.6.127.1 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.50 Purpose and scope. | BOP | [81 FR 24490, Apr. 26, 2016] | The purpose of this subpart is to describe the Bureau's drug abuse treatment programs for the inmate population, to include drug abuse education, non-residential drug abuse treatment services, and residential drug abuse treatment programs (RDAP). These services are provided by Psychology Services department. | |||
| 28:28:2.0.3.3.22.6.127.2 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.51 Drug abuse education course. | BOP | (a) Purpose of the drug abuse education course. All institutions provide a drug abuse education course to: (1) Inform inmates of the consequences of drug/alcohol abuse and addiction; and (2) Motivate inmates needing drug abuse treatment to apply for further drug abuse treatment, both while incarcerated and after release. (b) Course placement. (1) Inmates will get primary consideration for course placement if they were sentenced or returned to custody as a violator after September 30, 1991, when unit and/or drug abuse treatment staff determine, through interviews and file review that: (i) There is evidence that alcohol or other drug use contributed to the commission of the offense; (ii) Alcohol or other drug use was a reason for violation either of supervised release (including parole) or Bureau community status; (iii) There was a recommendation (or evaluation) for drug programming during incarceration by the sentencing judge; or (iv) There is evidence of a history of alcohol or other drug use. (2) Inmates may also be considered for course placement if they request to participate in the drug abuse education program but do not meet the criteria of paragraph (b)(1) of this section. (3) Inmates may not be considered for course placement if they: (i) Do not have enough time remaining to serve to complete the course; or (ii) Volunteer for, enter or otherwise complete a RDAP. (c) Consent. Inmates will only be admitted to the drug abuse education course if they agree to comply with all Bureau requirements for the program. (d) Completion. To complete the drug abuse education course, inmates must attend and participate during course sessions and pass a final course exam. Inmates will ordinarily have at least three chances to pass the final course exam before they lose privileges or the effects of non-participation occur (see paragraph (e) of this section). (e) Effects of non-participation. (1) If inmates considered for placement under paragraph (b)(1) of this section refuse participation, withdraw, … | ||||
| 28:28:2.0.3.3.22.6.127.3 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.52 Non-residential drug abuse treatment services. | BOP | All institutions must have non-residential drug abuse treatment services, provided through the institution's Psychology Services department. These services are available to inmates who voluntarily decide to participate. | ||||
| 28:28:2.0.3.3.22.6.127.4 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.53 Residential Drug Abuse Treatment Program (RDAP). | BOP | [74 FR 1897, Jan. 14, 2009, as amended at 81 FR 24490, Apr. 26, 2016] | (a) RDAP. To successfully complete the RDAP, inmates must complete each of the following components: (1) Unit-based component. Inmates must complete a course of activities provided by the Psychology Services Department in a treatment unit set apart from the general prison population. This component must last at least six months. (2) Follow-up services. If time allows between completion of the unit-based component of the RDAP and transfer to a community-based program, inmates must participate in the follow-up services to the unit-based component of the RDAP. (3) Community Treatment Services (CTS). Inmates who have completed the unit-based program and (when appropriate) the follow-up treatment and transferred to a community-based program must complete CTS to have successfully completed RDAP and receive incentives. The Warden, on the basis of his or her discretion, may find an inmate ineligible for participation in a community-based program; therefore, the inmate cannot complete RDAP. (b) Admission criteria. Inmates must meet all of the following criteria to be admitted into RDAP. (1) Inmates must have a verifiable substance use disorder. (2) Inmates must sign an agreement acknowledging program responsibility. (3) When beginning the program, the inmate must be able to complete all three components described in paragraph (a) of this section. (c) Application to RDAP. Inmates may apply for the RDAP by submitting requests to a staff member (ordinarily, a member of the unit team or the Drug Abuse Program Coordinator). (d) Referral to RDAP. Inmates will be identified for referral and evaluation for RDAP by unit or drug treatment staff. (e) Placement in RDAP. The Drug Abuse Program Coordinator decides whether to place inmates in RDAP based on the criteria set forth in paragraph (b) of this section. (f) Completing the unit-based component of RDAP. To complete the unit-based component of RDAP, inmates must have satisfactory attendance and participation in all RDAP activities. (g) Expulsion from… | |||
| 28:28:2.0.3.3.22.6.127.5 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.54 Incentives for RDAP participation. | BOP | (a) An inmate may receive incentives for his or her satisfactory participation in the RDAP. Institutions may offer the basic incentives described in paragraph (a)(1) of this section. Bureau-authorized institutions may also offer enhanced incentives as described in paragraph (a)(2) of this section. (1) Basic incentives. (i) Limited financial awards, based upon the inmate's achievement/completion of program phases. (ii) Consideration for the maximum period of time in a community-based treatment program, if the inmate is otherwise eligible. (iii) Local institution incentives such as preferred living quarters or special recognition privileges. (iv) Early release, if eligible under § 550.55. (2) Enhanced incentives. (i) Tangible achievement awards as permitted by the Warden and allowed by the regulations governing personal property (see 28 CFR part 553). (ii) Photographs of treatment ceremonies may be sent to the inmate's family. (iii) Formal consideration for a nearer release transfer for medium and low security inmates. (b) An inmate must meet his/her financial program responsibility obligations (see 28 CFR part 545) and GED responsibilities (see 28 CFR part 544) before being able to receive an incentive for his/her RDAP participation. (c) If an inmate withdraws from or is otherwise removed from RDAP, that inmate may lose incentives he/she previously achieved. | ||||
| 28:28:2.0.3.3.22.6.127.6 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.55 Eligibility for early release. | BOP | [74 FR 1897, Jan. 14, 2009, as amended at 81 FR 24490, Apr. 26, 2016] | (a) Eligibility. Inmates may be eligible for early release by a period not to exceed twelve months if they: (1) Were sentenced to a term of imprisonment under either: (i) 18 U.S.C. Chapter 227, Subchapter D for a nonviolent offense; or (ii) D.C. Code § 24-403.01 for a nonviolent offense, meaning an offense other than those included within the definition of “crime of violence” in D.C. Code § 23-1331(4); and (2) Successfully complete a RDAP, as described in § 550.53, during their current commitment. (b) Inmates not eligible for early release. As an exercise of the Director's discretion, the following categories of inmates are not eligible for early release: (1) Immigration and Customs Enforcement detainees; (2) Pretrial inmates; (3) Contractual boarders (for example, State or military inmates); (4) Inmates who have a prior felony or misdemeanor conviction within the ten years prior to the date of sentencing for their current commitment for: (i) Homicide (including deaths caused by recklessness, but not including deaths caused by negligence or justifiable homicide); (ii) Forcible rape; (iii) Robbery; (iv) Aggravated assault; (v) Arson; (vi) Kidnaping; or (vii) An offense that by its nature or conduct involves sexual abuse offenses committed upon minors; (5) Inmates who have a current felony conviction for: (i) An offense that has as an element, the actual, attempted, or threatened use of physical force against the person or property of another; (ii) An offense that involved the carrying, possession, or use of a firearm or other dangerous weapon or explosives (including any explosive material or explosive device); (iii) An offense that, by its nature or conduct, presents a serious potential risk of physical force against the person or property of another; or (iv) An offense that, by its nature or conduct, involves sexual abuse offenses committed upon minors; (6) Inmates who have been convicted of an attempt, conspiracy, or solicitation to commit an underlying offense listed in paragraph (b)(… | |||
| 28:28:2.0.3.3.22.6.127.7 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.56 Community Treatment Services (CTS). | BOP | [81 FR 24490, Apr. 26, 2016] | (a) For inmates to successfully complete all components of RDAP, they must participate in CTS. If inmates refuse or fail to complete CTS, they fail RDAP and are disqualified for any additional incentives. (b) Inmates with a documented drug use problem who did not choose to participate in RDAP may be required to participate in CTS as a condition of participation in a community-based program, with the approval of the Supervisory Community Treatment Services Coordinator. | |||
| 28:28:2.0.3.3.22.6.127.8 | 28 | Judicial Administration | V | C | 550 | PART 550—DRUG PROGRAMS | F | Subpart F—Drug Abuse Treatment Program | § 550.57 Inmate appeals. | BOP | Inmates may seek formal review of complaints regarding the operation of the drug abuse treatment program by using administrative remedy procedures in 28 CFR part 542. | ||||
| 29:29:3.1.1.1.27.0.105.1 | 29 | Labor | V | A | 550 | PART 550—DEFINING AND DELIMITING THE TERM “TALENT FEES” | § 550.1 “Talent fees” as used in section 7(e)(3)(c) of the Fair Labor Standards Act, as amended. | DOL-WHD | [15 FR 402, Jan. 25, 1950, as amended at 18 FR 5069, Aug. 25, 1953] | The term talent fees in section 7(e)(3)(c) of the Act shall mean extra payments made to performers, including announcers on radio and television programs, where the payment is made: (a) To an employee having regular duties as a staff performer (including announcers), as an extra payment for services as a performer on a particular commercial program or a particular series of commercial programs (including commercial spot announcements) or for special services as a performer on a particular sustaining program or a particular series of sustaining programs; (b) In pursuance of an applicable employment agreement or understanding or an applicable collective bargaining agreement in a specific amount agreed upon in advance of the performance of the services or special services for which the extra payment is made: Provided, however, That where services described in paragraph (a) of this section are performed on a program falling outside of the regular workday or workweek as established and scheduled in good faith in accordance with the provisions of the applicable employment agreement, the Administrator will not regard the Act as requiring additional compensation as a result of the time worked on the program if the parties agree in advance of such program that a special payment made therefor shall include any increased statutory compensation attributable to the additional worktime thereon and if such special payment, when made, is actually sufficient in amount to include the statutory straight time and overtime compensation (computed without regard to talent fees) for the additional time worked in the workweek resulting from the performer's services on such program. | |||||
| 29:29:3.1.1.1.27.0.105.2 | 29 | Labor | V | A | 550 | PART 550—DEFINING AND DELIMITING THE TERM “TALENT FEES” | § 550.2 Definitions. | DOL-WHD | [15 FR 402, Jan. 25, 1950] | As used in the regulations in this part: (a) The term extra payment shall mean a payment, in a specific amount, made in addition to the straight-time and overtime compensation which would be due the performer under the agreement applicable to his employment and under the Act if the time spent in performing the services or special services referred to in paragraph (a) of § 550.1 had been devoted exclusively to duties as a staff performer; but shall not include any payment any part of which is credited or offset against any remuneration otherwise payable to the performer under any contract or statutory provision; (b) The term performer shall mean a person who performs a distinctive, personalized service as a part of an actual broadcast or telecast including an actor, singer, dancer, musician, comedian, or any person who entertains, affords amusement to, or occupies the interest of a radio or television audience by acting, singing, dancing, reading, narrating, performing feats of skill, or announcing, or describing or relating facts, events and other matters of interest, and who actively participates in such capacity in the actual presentation of a radio or television program. It shall not include such persons as script writers, stand-ins, or directors who are neither seen nor heard by the radio or television audience; nor shall it include persons who participate in the broadcast or telecast purely as technicians such as engineers, electricians and stage hands; (c) The term special services shall mean services beyond the scope of a performer's regular or ordinary duties as a staff performer under the agreement applicable to the employment. | |||||
| 46:46:9.0.1.3.21.1.1.1 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | A | Subpart A—General Provisions | § 550.101 Purpose. | FMC | [58 FR 64910, Dec. 10, 1993. Redesignated at 64 FR 8008, Feb. 18, 1999, as amended at 74 FR 50732, Oct. 1, 2009] | It is the purpose of the regulations of this part to declare certain conditions resulting from governmental actions by foreign nations or from the competitive methods or practices of owners, operators, agents, or masters of vessels of a foreign country unfavorable to shipping in the foreign trade of the United States and to establish procedures by which persons who are or can reasonably expect to be adversely affected by such conditions may petition the Federal Maritime Commission for the issuance of regulations under the authority of section 19 of the Merchant Marine Act of 1920 (46 U.S.C. 42101-42109). It is the further purpose of the regulations of this part to afford notice of the general circumstances under which the authority granted to the Commission under section 19 may be invoked and the nature of the regulatory actions contemplated. | |||
| 46:46:9.0.1.3.21.1.1.2 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | A | Subpart A—General Provisions | § 550.102 Scope. | FMC | [64 FR 8009, Feb. 18, 1999] | Regulatory actions may be taken when the Commission finds, on its own motion or upon petition, that a foreign government has promulgated and enforced or intends to enforce laws, decrees, regulations or the like, or has engaged in or intends to engage in practices which presently have or prospectively could create conditions unfavorable to shipping in the foreign trade of the United States, or when owners, operators, agents or masters of foreign vessels engage in or intend to engage in competitive methods, pricing practices or other practices which have created or could create such conditions. | |||
| 46:46:9.0.1.3.21.1.1.3 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | A | Subpart A—General Provisions | § 550.103 Definitions. | FMC | [58 FR 64910, Dec. 10, 1993. Redesignated and amended at 64 FR 8008, 8009, Feb. 18, 1999] | When used in this part: (a) Act means the Merchant Marine Act, 1920, as amended by Pub. L. 101-595 and as amended by Pub. L. 105-258. (b) Person means individuals, corporations, partnerships and associations existing under or authorized by the laws of the United States or of a foreign country, and includes any common carrier, tramp operator, bulk operator, shipper, shippers' association, importer, exporter, consignee, ocean transportation intermediary, marine terminal operator, or any component of the Government of the United States. (c) Voyage means an inbound or outbound movement between a foreign country and the United States by a vessel engaged in the United States oceanborne trade. Each inbound or outbound movement constitutes a separate voyage. | |||
| 46:46:9.0.1.3.21.1.1.4 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | A | Subpart A—General Provisions | § 550.104 Confidentiality. | FMC | Notwithstanding any other law, the Commission may refuse to disclose to the public a response or other information provided under the terms of this part. | ||||
| 46:46:9.0.1.3.21.1.1.5 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | A | Subpart A—General Provisions | § 550.105 Consultation. | FMC | (a) Consultation with other agencies. The Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies prior to taking any action under this part. (b) Request for resolution through diplomatic channels. Upon the filing of a petition, or on its own motion when there are indications that conditions unfavorable to shipping in the foreign trade of the United States may exist, the Commission may notify the Secretary of State that such conditions apparently exist, and may request that the Secretary seek resolution of the matter through diplomatic channels. If request is made, the Commission will give every assistance in such efforts, and the Commission may request the Secretary to report the results of such efforts at a specified time. | ||||
| 46:46:9.0.1.3.21.2.1.1 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | B | Subpart B—Production of Information | § 550.201 Information orders. | FMC | [58 FR 64910, Dec. 10, 1993. Redesignated and amended at 64 FR 8008, 8009, Feb. 18, 1999] | In furtherance of the purposes of this part— (a) The Commission may, by order, require any person (including any common carrier, tramp operator, bulk operator, shipper, shippers' association, ocean transportation intermediary, or marine terminal operator, or any officer, receiver, trustee, lessee, agent, or employee thereof), to file with the Commission a report, answers to questions, documentary material, or other information which the Commission considers necessary or appropriate; (b) The Commission may require a report or answers to questions to be made under oath; (c) The Commission may prescribe the form and the time for response to a report or answers to questions. | |||
| 46:46:9.0.1.3.21.2.1.2 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | B | Subpart B—Production of Information | § 550.202 Type of information. | FMC | [58 FR 64910, Dec. 10, 1993. Redesignated and amended at 64 FR 8008, 8009, Feb. 18, 1999] | In order to aid in the determination of whether conditions unfavorable to shipping in the foreign trade of the United States exist, or in order to aid in the formulation of appropriate regulations subsequent to a finding that conditions unfavorable to shipping in the foreign trade of the United States exist, the Commission may, when it deems necessary or appropriate, and without further proceedings, order any: (a) Owner, operator, or charterer in the affected trade to furnish any or all of the following information: (1) Statistics for a representative period showing passengers or cargo carried to and from the United States in the affected trade on vessels owned, operated or chartered by it, by type, source, value, and direction; (2) Information for a representative period on the activities of vessels owned, operated, or chartered, which shall include sailings to and from United States ports, costs incurred, taxes or other charges paid to authorities, and subsidies or other payments received from foreign authorities; (3) Information for a specified future period on the prospective activities of vessels which it owns, operates or charters or plans to own, operate or charter, to and from United States ports, which shall include projected sailings, anticipated costs, taxes or other charges to be paid to authorities, and expected subsidies or other payments to be received from foreign authorities; and (4) Such other information that the Commission considers relevant to discovering or determining the existence of general or special conditions unfavorable to shipping in the foreign trade of the United States. (b) Shipper, shippers' association, or ocean transportation intermediary in the affected trade to furnish any or all of the following information: (1) Information for a representative period showing shipments made, type of cargo, commodity, carrier and vessel on which shipment was made, including furnishing copies of bills of lading and other shipping documents; (2) Information relating to the application f… | |||
| 46:46:9.0.1.3.21.2.1.3 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | B | Subpart B—Production of Information | § 550.203 Failure to provide information. | FMC | [58 FR 64910, Dec. 10, 1993. Redesignated at 64 FR 8008, Feb. 18, 1999, and amended at 67 FR 39861, June 11, 2002] | (a) A person who fails to file a report, answer, documentary material, or other information required under this subpart shall be liable to the United States Government for a civil penalty of not more than $5,000 for each day that the information is not provided. (b) The Commission may, when there is a failure to produce any information ordered produced under § 550.201, make appropriate findings of fact and inferences, including the inference that conditions unfavorable to shipping in the foreign trade of the United States do exist. | |||
| 46:46:9.0.1.3.21.3.1.1 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | C | Subpart C—Conditions Unfavorable to Shipping | § 550.301 Findings. | FMC | [58 FR 64910, Dec. 10, 1993. Redesignated and amended at 64 FR 8008, 8009, Feb. 18, 1999] | For the purposes of this part, conditions created by foreign governmental action or competitive methods, pricing practices or other practices of owners, operators, agents or masters of foreign vessels are found unfavorable to shipping in the foreign trade of the United States, if such conditions: (a) Impose upon vessels in the foreign trade of the United States fees, charges, requirements, or restrictions different from those imposed on other vessels competing in the trade, or preclude vessels in the foreign trade of the United States from competing in the trade on the same basis as any other vessel; (b) Reserve substantial cargoes to the national flag or other vessels and fail to provide, on reasonable terms, for effective and equal access to such cargo by vessels in the foreign trade of the United States; (c) Are discriminatory or unfair as between carriers, shippers, exporters, importers, or ports or between exporters from the United States and their foreign competitors and which cannot be justified under generally accepted international agreements or practices and which operate to the detriment of the foreign commerce or the public interest of the United States; (d) Restrict or burden a carrier's intermodal movements or shore-based maritime activities, including terminal operations and cargo solicitation; agency services; ocean transportation intermediary services and operations; or other activities and services integral to transportation systems; or (e) Are otherwise unfavorable to shipping in the foreign trade of the United States. | |||
| 46:46:9.0.1.3.21.4.1.1 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | D | Subpart D—Petitions for Section 19 Relief | § 550.401 Who may file. | FMC | Any person who has been harmed by, or who can reasonably expect harm from, existing or impending conditions unfavorable to shipping in the foreign trade of the United States, may file a petition for relief under the provisions of this part. | ||||
| 46:46:9.0.1.3.21.4.1.2 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | D | Subpart D—Petitions for Section 19 Relief | § 550.402 Filing of petitions. | FMC | [88 FR 16898, Mar. 21, 2023] | All requests for relief from conditions unfavorable to shipping in the foreign trade must be by written petition. An original and fifteen copies of a petition for relief under the provisions of this part must be filed with the Secretary, Federal Maritime Commission, Washington, DC 20573. The petition must be accompanied by remittance of a $450 filing fee. | |||
| 46:46:9.0.1.3.21.4.1.3 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | D | Subpart D—Petitions for Section 19 Relief | § 550.403 Contents of petitions. | FMC | Petitions for relief from conditions unfavorable to shipping in the foreign trade of the United States shall set forth the following: (a) A concise description and citation of the foreign law, rule, regulation, practice or competitive method complained of; (b) A certified copy of any law, rule, regulation or other document involved and, if not in English, a certified English translation thereof; (c) Any other evidence of the existence of such practice or competitive method; (d) A clear description, in detail, of the harm already caused or which may reasonably be expected to be caused petitioner, including: (1) Statistics for the representative period showing the type and amount of revenue loss or operating cost increase suffered or projected, such as a present or prospective cargo loss if harm is alleged on that basis. Such statistics shall include figures which permit comparison or computation of the proportional effect of the harm alleged. For example, when the harm alleged is loss of cargo, supporting evidence shall include the total cargo carried or projected in the trade for the period; (2) Statistics or other evidence for the representative period showing increased costs, inferior services or other harm to cargo or other non-vessel interest if injury is claimed on that basis; and (3) A statement as to why the period is representative. (e) A recommended regulation, the promulgation of which will, in the view of the petitioner, adjust or meet the alleged conditions unfavorable to shipping in the foreign trade of the United States. | ||||
| 46:46:9.0.1.3.21.4.1.4 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | D | Subpart D—Petitions for Section 19 Relief | § 550.404 Amendment or dismissal of petitions. | FMC | Upon the failure of a petitioner to comply with the provisions of this part, the petitioner will be notified by the Secretary and afforded reasonable opportunity to amend its petition. Failure to timely amend the petition may result in its dismissal. For good cause shown additional time for amendment may be granted. | ||||
| 46:46:9.0.1.3.21.5.1.1 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.501 Participation of interested persons. | FMC | In the event that participation of interested persons is deemed necessary by the Commission, notice will be published in the Federal Register and interested persons will then be allowed to participate in this proceeding by the submission of written data, views or arguments, with or without opportunity to present same orally. | ||||
| 46:46:9.0.1.3.21.5.1.2 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.502 Discovery. | FMC | The Commission may authorize a party to a proceeding to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, are in conformity with the rules applicable in civil proceedings in the district courts of the United States. | ||||
| 46:46:9.0.1.3.21.5.1.3 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.503 Subpoenas. | FMC | In proceedings under this part, the Commission may by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence. | ||||
| 46:46:9.0.1.3.21.5.1.4 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.504 Witness fees. | FMC | In proceedings under this subpart, witnesses are, unless otherwise prohibited by law, entitled to the same fees and mileage as in the courts of the United States, subject to funds being provided by appropriations Acts. | ||||
| 46:46:9.0.1.3.21.5.1.5 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.505 Failure to supply information. | FMC | For failure to supply information ordered to be produced or compelled by subpoena in proceedings under this part, the Commission may— (a) After notice and an opportunity for hearing, suspend tariffs of a common carrier or that common carrier's right to use the tariffs of conferences of which it is a member; or (b) Assess a civil penalty of not more than $5,000 for each day that the information is not provided. | ||||
| 46:46:9.0.1.3.21.5.1.6 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.506 Enforcement of orders. | FMC | In proceedings under this part, when a person violates an order of the Commission or fails to comply with a subpoena, the Commission may seek enforcement by a United States district court having jurisdiction over the parties. | ||||
| 46:46:9.0.1.3.21.5.1.7 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.507 Postponement, discontinuance, or suspension of action. | FMC | The Commission may, on its own motion or upon petition, postpone, discontinue, or suspend any and all actions taken by it under the provisions of this part. The Commission shall postpone, discontinue or suspend any or all such actions if the President informs the Commission that postponement, discontinuance or suspension is required for reasons of foreign policy or national security. | ||||
| 46:46:9.0.1.3.21.5.1.8 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | E | Subpart E—Proceedings | § 550.508 Publication, content, and effective date of regulation. | FMC | The Commission shall incorporate in any regulations adopted under the rules of this part a concise statement of their basis and purpose. Regulations shall be published in the Federal Register. Except where conditions warrant and for good cause, regulations promulgated under the rules of this part shall not become effective until at least 30 days after the date of publication. | ||||
| 46:46:9.0.1.3.21.6.1.1 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | F | Subpart F—Corrective Actions | § 550.601 Actions to correct unfavorable conditions. | FMC | [58 FR 64910, Dec. 10, 1993. Redesignated and amended at 64 FR 8008, 8009, Feb. 18, 1999; 67 FR 39861, June 11, 2002; 74 FR 50733, Oct. 1, 2009] | Upon submission of a petition filed under the rules of this part, or upon its own motion, the Commission may find that conditions unfavorable to shipping in the foreign trade of the United States do exist, and may, without further proceedings, issue regulations which may: (a) Impose equalizing fees or charges; (b) Limit sailings to and from United States ports or the amount or type of cargo carried; (c) Suspend, in whole or in part, tariffs and service contracts for carriage to or from United States ports, including a common carrier's right to use tariffs of conferences and service contracts of agreements in United States trades of which it is a member for any period the Commission specifies; (d) Suspend, in whole or in part, an ocean common carrier's right to operate under an agreement, including any agreement authorizing preferential treatment at terminals or preferential terminal leases, whether filed with the Commission or not filed with the Commission pursuant to the exemptions granted in 46 CFR Part 535; or any agreement filed with the Commission authorizing space chartering, or pooling of cargo or revenues with other ocean common carriers; (e) Impose a fee, not to exceed $1,000,000 per voyage; (f) Request the collector of customs at the port or place of destination in the United States to refuse the clearance required by section 4197 of the Revised Statutes (46 U.S.C. 60105), to a vessel of a foreign carrier which is or whose government is identified as contributing to the unfavorable conditions described in subpart C; (g) Request the collector of customs at the port or place of destination in the United States to collect any fees imposed by the Commission under paragraph (e) of this section; (h) Request the Secretary of the department in which the Coast Guard is operating to deny entry, for purposes of oceanborne trade, of any vessel of a foreign carrier which is or whose government is identified as contributing to the unfavorable conditions described in subpart C, to any port or place in the Unit… | |||
| 46:46:9.0.1.3.21.6.1.2 | 46 | Shipping | IV | C | 550 | PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES | F | Subpart F—Corrective Actions | § 550.602 Penalty. | FMC | [64 FR 8009, Feb. 18, 1999] | A common carrier that accepts or handles cargo for carriage under a tariff or service contract that has been suspended under § 550.505 or § 550.601 of this part, or after its right to use another tariff or service contract has been suspended under those sections, is subject to a civil penalty of not more than $50,000 for each day that it is found to be operating under a suspended tariff or service contract. | |||
| 50:50:11.0.4.12.7.0.1.1 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.101 Purpose. | MMC | This part effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service. | |||||||
| 50:50:11.0.4.12.7.0.1.10 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.140 Employment. | MMC | No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities. | |||||||
| 50:50:11.0.4.12.7.0.1.11 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | §§ 550.141-550.148 [Reserved] | MMC | ||||||||
| 50:50:11.0.4.12.7.0.1.12 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.149 Program accessibility: Discrimination prohibited. | MMC | Except as otherwise provided in § 550.150, no qualified handicapped person shall, because the agency's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency. | |||||||
| 50:50:11.0.4.12.7.0.1.13 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.150 Program accessibility: Existing facilities. | MMC | [51 FR 4579, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986] | (a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not— (1) Necessarily require the agency to make each of its existing facilities accessible to and usable by handicapped persons; or (2) Require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 550.150(a) would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that handicapped persons receive the benefits and services of the program or activity. (b) Methods. The agency may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock, or any other methods that result in making its programs or activities readily accessible to and usable by handicapped persons. The agency is nor required to make structural changes in existing facilities… | ||||||
| 50:50:11.0.4.12.7.0.1.14 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.151 Program accessibility: New construction and alterations. | MMC | Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section. | |||||||
| 50:50:11.0.4.12.7.0.1.15 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | §§ 550.152-550.159 [Reserved] | MMC | ||||||||
| 50:50:11.0.4.12.7.0.1.16 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.160 Communications. | MMC | (a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford a handicapped person an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. (i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the handicapped person. (ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature. (2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used. (b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. (c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility. (d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 550.160 would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee afte… | |||||||
| 50:50:11.0.4.12.7.0.1.17 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | §§ 550.161-550.169 [Reserved] | MMC | ||||||||
| 50:50:11.0.4.12.7.0.1.18 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.170 Compliance procedures. | MMC | [51 FR 4579, Feb. 5, 1986, as amended at 51 FR 4579, Feb. 5, 1986] | (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (c) The General Counsel for the Commission shall be responsible for coordinating implementation of this section. Complaints may be sent to the General Counsel for the Commission, Marine Mammal Commission, Room 307, 1625-I Street, NW., Washington, DC 20006. (d) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause. (e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate government entity. (f) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily accessible to and usable by handicapped persons. (g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the complainant of the results of the investigation in a letter containing— (1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found; (3) A notice of the right to appeal. (h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of … | ||||||
| 50:50:11.0.4.12.7.0.1.19 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | §§ 550.171-550.999 [Reserved] | MMC | ||||||||
| 50:50:11.0.4.12.7.0.1.2 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.102 Application. | MMC | This part applies to all programs or activities conducted by the agency. | |||||||
| 50:50:11.0.4.12.7.0.1.3 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.103 Definitions. | MMC | [51 FR 4579, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986] | For purposes of this part, the term— Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. For example, auxiliary aids useful for persons with impaired vision include readers, Brailled materials, audio recordings, telecommunications devices and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices. Complete complaint means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. Handicapped person means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase: (1) Physical or mental impairment includes— (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one of more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, … | ||||||
| 50:50:11.0.4.12.7.0.1.4 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | §§ 550.104-550.109 [Reserved] | MMC | ||||||||
| 50:50:11.0.4.12.7.0.1.5 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.110 Self-evaluation. | MMC | (a) The agency shall, by April 9, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications. (b) The agency shall provide an opportunity to interested persons, including handicapped persons or organizations representing handicapped persons, to participate in the self-evaluation process by submitting comments (both oral and written). (c) The agency shall, until three years following the completion of the self-evaluation, maintain on file and make available for public inspections: (1) A description of areas examined and any problems identified, and (2) A description of any modifications made. | |||||||
| 50:50:11.0.4.12.7.0.1.6 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.111 Notice. | MMC | The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation. | |||||||
| 50:50:11.0.4.12.7.0.1.7 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | §§ 550.112-550.129 [Reserved] | MMC | ||||||||
| 50:50:11.0.4.12.7.0.1.8 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | § 550.130 General prohibitions against discrimination. | MMC | (a) No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap— (i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualfied handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others; (v) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or (vi) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service. (2) The agency may not deny a qualified handicapped person the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities. (3) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods of administration the purpose or effect of which would— (i) Subject qualified handicapped persons to discrimination on the basis of handicap; or (ii) Defeat o… | |||||||
| 50:50:11.0.4.12.7.0.1.9 | 50 | Wildlife and Fisheries | V | 550 | PART 550—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION | §§ 550.131-550.139 [Reserved] | MMC | ||||||||
| 7:7:6.1.2.1.9.0.1.1 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.100 Purpose and scope. | ARS | (a) Purpose. This part adopts the OMB guidance in subparts A through F of 2 CFR part 200, as supplemented by this part, as REE policies and procedures for non-assistance cooperative agreements executed under the authority of Section 1472(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C 3318(b)). It thereby makes applicable for REE non-assistance cooperative agreements the OMB guidance, as supplemented by this part. (b) Scope. The REE Agencies subject to this rule include ARS, National Agricultural Statistics Service (NASS), Economics Research Service (ERS), and the National Institute of Food and Agriculture (NIFA). These agreements are neither procurement nor assistance in nature, and therefore, are not subject to the Federal Grant and Cooperative Agreements Act of 1977. | |||||||
| 7:7:6.1.2.1.9.0.1.10 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.109 Formation of non-assistance cooperative agreements. | ARS | In lieu of 2 CFR 200.201 through 200.204, 200.206, and 200.306, this section establishes project development, resource contributions, indirect cost reimbursement, and tuition remission provisions for non-assistance cooperative agreements. (a) Project development. REE Agencies provide partial funding to cooperators to support research projects that contribute to REE program objectives and help carry out the REE mission. The project must consist of a project plan and/or statement of work, and a budget as follows: (1) Project plan. A project plan must be jointly developed by the Agency PI and the cooperator, and be compliant with a REE program requirement. The REE Agency may include program-specific requirements, as applicable. These requirements should be aligned with Agency strategic goals, strategic objectives, or performance goals that are relevant to the program. (2) Statement of work. A detailed statement of work must be jointly planned, developed, and prepared by the cooperator's PI and the Agency PI to address the objective(s), approach, statement of mutual interest, performance responsibilities (which may include specific performance goals, indicators, milestones, or expected outcomes, such as outputs, or services performed or public impacts of any of these, with an expected timeline for accomplishment), and any mutual agreements. (3) Budget. The budget is a funding plan that must be jointly developed by the Agency PI and the Cooperator PI. The approved budget must identify the cooperator resource contributions, both direct and indirect, by budget line item. The cooperator must provide a budget justification/narrative. (b) Resource contributions. Each party must contribute resources towards the successful completion of the non-assistance cooperative agreement. (1) Agency resource contributions. The Agency's contribution is the Federal share as reflected in the award. (2) Cooperator resource contributions. The Cooperator's contribution may consist of funds, services, or in-kind… | |||||||
| 7:7:6.1.2.1.9.0.1.11 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.110 Certifications and compliance with statutory and national policy requirements; REE conflict of interest policy. | ARS | (a) Federal statutory and national policy requirements. The Cooperator must adhere to and comply with, all statutory and national policy requirements of the Federal Government. All signed certifications and assurances must be received by the REE Agency prior to execution of the award. (b) REE conflict of interest policy. (1) The Cooperator must disclose in writing any potential conflict of interest to the REE awarding agency, prior to award, and when a potential conflict arises during NACA period of performance. (2) The Cooperator must maintain written standards of conduct covering conflicts of interest and governing the performance of their employees engaged in the selection, award and administration of contracts, and any subawards. | |||||||
| 7:7:6.1.2.1.9.0.1.12 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.111 Project supervision and responsibilities. | ARS | (a) The Cooperator is responsible and accountable for the performance and conduct of all its employees assigned to the project. REE Agencies do not have authority to supervise cooperator employees nor engage in the employer/employee relationship. (b) The Cooperator PI must: (1) Work jointly with the Agency PI on developing the project statement of work and budget; (2) Assure that technical project performance and financial status reports are timely submitted in accordance with the terms and conditions of the award; (3) Advise the Agency PI of any issues that may affect the timely completion of the project (award); (4) Assure that appropriate acknowledgements of support are included in all publications and audiovisuals, in accordance with § 550.119 of this part; (5) Assure that inventions are appropriately reported, in accordance with § 550.124 of this part; (6) Upon request, provide the Agency a project plan for use during external peer reviews; and (7) When appropriate, work with the Agency PI to prepare findings for peer-reviewed publication in scientific journals, and make presentations/talks to shareholders, etc. | |||||||
| 7:7:6.1.2.1.9.0.1.13 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.112 Administrative supervision. | ARS | The Cooperator is responsible for employer/employee relations such as personnel, performance, and time management issues. The Cooperator is solely responsible for the administrative supervision of its employees, even when its employees are working in Agency facilities. | |||||||
| 7:7:6.1.2.1.9.0.1.14 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.113 Rules of the workplace. | ARS | Cooperator employees, while engaged in work at REE facilities, will abide by the Agency's standard operating procedures with regard to the maintenance of laboratory notebooks, dissemination of information, equipment operation standards, facility access, hours of work, Federal agency required training, and the Rules and Regulations Governing Conduct on Federal Property (41 CFR part 102-74, subpart C). Cooperator employees will also undergo any background investigations/clearances, and submit to any health monitoring medical surveillance requirements associated with the REE facility where they will work. | |||||||
| 7:7:6.1.2.1.9.0.1.15 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.114 Availability of funds. | ARS | Unless otherwise stated in the agreement, the funding period will begin on the start date of the period of performance specified on the Award Face Sheet. | |||||||
| 7:7:6.1.2.1.9.0.1.16 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.115 Payment. | ARS | Reimbursement is the standard method of payment for non-assistance cooperative agreements. All payments to the Cooperator will be made in U.S. dollars by Electronic Funds Transfer (EFT), utilizing the Cooperator's DUNS number and current SAM registration information. The method of payment will be identified on the Award Face Sheet and includes: (a) Electronic payment system. The Agency-accepted electronic payment system is the default method of payment. (b) EFT/Treasury Check. When the payment method identified on the Award Face Sheet is “EFT/Treasury Check,” the Cooperator must submit invoices to the Agency on the OMB-approved SF-270, “Request for Advance or Reimbursement.” In addition to the SF-270, the Cooperator must provide: (1) Total dollar amount requested for reimbursement itemized by approved budget categories, including the indirect cost rate for the award, when applicable. (2) Name, phone number, email address, and the Cooperator's financial contact, should the ADO or Agency PI have any invoice questions. | |||||||
| 7:7:6.1.2.1.9.0.1.17 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.116 Prior approvals. | ARS | (a) Approval. With regard to 2 CFR 200.308(d)(4), prior documented approval from the REE Agency ADO is required for all prior approval requirements described in paragraph 2 CFR 200.308(d)(2). (b) No cost extensions. With regard to 2 CFR 200.308(d)(2), all time extensions will only be approved by an amendment to the award. The Cooperator shall prepare and submit a written request to the ADO (which must be received no later than 10 days prior to the expiration date of the award). The request must contain, at a minimum, the following information: (1) The length of additional time required to complete project objectives and a justification for the extension; (2) A summary of progress to date (a copy of the most recent progress report is acceptable provided the information is current); and, (3) Signature of the Authorized Representative and the Principal Investigator requesting the extension. Any request received by the ADO that does not meet this requirement will be returned for the necessary signature(s). (c) Budget revisions. Budget revisions among direct cost categories or programs, functions, and activities for awards in which the Federal share of the project exceeds the Simplified Acquisition Threshold and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget as last approved by the REE Agency requires prior documented approval. (d) Advertising. See § 550.121 of this part. | |||||||
| 7:7:6.1.2.1.9.0.1.18 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.117 Program income. | ARS | (a) Use of program income. (1) Program income earned must be added to the non-assistance cooperative agreement, unless otherwise specified in the award. (2) When specified in the award, program income can be used towards fulfilling the cooperator's resource contributions for the same award. (b) Disclosing program income. The Cooperator must disclose program income in financial reports. Refer to § 550.123 of this part. (c) Program income closeout. The REE Agency and the Cooperator will negotiate appropriate uses of income earned balances, after the period of performance, as part of the agreement closeout process. | |||||||
| 7:7:6.1.2.1.9.0.1.19 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.118 Peer review. | ARS | Upon request of the REE Agency, Cooperators may be required to provide documentation in support of peer review activities, and Cooperator's personnel may be requested to participate in peer review forums to assist the REE Agency with their reviews. | |||||||
| 7:7:6.1.2.1.9.0.1.2 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.101 Definitions. | ARS | As used in this part: Agency Principal Investigator means the REE Agency technical representative, acting within the scope of delegated authority, who is responsible for participating with the cooperator in the accomplishment of a non-assistance cooperative agreement's objective(s), and monitoring and evaluating the cooperator's performance ( i.e., ARS PI). Authorized Departmental Officer (ADO) means the REE Agency's official with delegated authority to negotiate, award, administer, and terminate non-assistance cooperative agreements. Award means an executed non-assistance cooperative agreement. Cooperator means an eligible entity, as defined in 7 U.S.C. 3318(b), who enters into a non-assistance cooperative agreement with a REE Agency to further research, extension, or teaching programs in the food and agricultural sciences. Cooperator resource contributions means a real and substantial contribution of resources (more than nominal), in furtherance of the objective(s) of the award, in order to evoke a partnership such that all parties to the agreement have a true stake in the project. Funding period means the period of time when Federal funding is available for obligation by the cooperator (start date through end date). Non-Assistance Cooperative Agreement (NACA) means a legal instrument which is neither a procurement contract nor an assistance-type cooperative agreement, that furthers agricultural research, extension, or teaching programs in which the objectives of the agreement serve a mutual interest of the parties in agricultural research, extension, and teaching activities and all parties contribute resources to the accomplishment of those objectives. Peer Review is a process utilized by REE Agencies to determine if agency sponsored research projects have scientific merit and program relevance; to provide peer input, and make improvements to project design and technical approaches; and to provide insight on how to conduct the highest quality research in support of REE Agency missions and prog… | |||||||
| 7:7:6.1.2.1.9.0.1.20 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.119 Publications and audiovisuals. | ARS | In addition to 2 CFR 415.2, “Acknowledgement of USDA Support on Publications and Audiovisuals,” the Cooperator must adhere to the following: (a) The REE Agency acknowledgment of support must read: “This material is based upon work supported by the Department of Agriculture, (type Agency name) under Agreement No. (type the Federal Award Identification Number (FAIN) here).” (b) All material described in 2 CFR 415.2 must also contain the following disclaimer unless the publication or audiovisual is formally cleared by the REE Agency: “Any opinions, findings, conclusion, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the Department of Agriculture.” (c) Any public or technical information related to work carried out under a non-assistance cooperative agreement must be submitted by the developing party to the other for advice and comment. Information released to the public must describe the contributions of both parties to the work effort. In the event of a dispute, a separate publication or audiovisual may be made with effective statements of acknowledgment and disclaimer. (d) The Cooperator must submit to the Agency PI copies of all final publications and audiovisuals resulting from the research conducted under the non-assistance cooperative agreement. (e) REE Agencies and the Federal Government shall enjoy a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, for Federal purposes any materials developed in conjunction with a non-assistance cooperative agreement or contract under such a cooperative agreement. | |||||||
| 7:7:6.1.2.1.9.0.1.21 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.120 Press releases. | ARS | Press releases or other forms of public notification for a broad public audience will be submitted to the REE Agency for review, prior to release to the public. The REE Agency will be given the opportunity to review, in advance, all written press releases and any other written information (including web content postings) to be released to the public by the Cooperator, and require changes as deemed necessary, if the material mentions by name the REE Agency, or the USDA, or any REE or USDA employee or research unit or location. | |||||||
| 7:7:6.1.2.1.9.0.1.22 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.121 Advertising. | ARS | The Cooperator will not refer in any manner to the USDA or any REE Agency in connection with the use of the results of the award, without prior specific written authorization by the REE Agency. Information obtained as a result of the award will be made available to the public in printed or other forms by the REE Agency at its discretion. The Cooperator will be given due credit for its cooperation in the project. Prior approval is required. | |||||||
| 7:7:6.1.2.1.9.0.1.23 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.122 Vesting of title. | ARS | Title to equipment and supplies and other tangible personal property will vest in the Cooperator as described in 2 CFR 200.313 and 200.314, unless otherwise specified in the award. (7 U.S.C. 3318(d)) | |||||||
| 7:7:6.1.2.1.9.0.1.24 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.123 Financial reporting. | ARS | The Cooperator must submit financial reports at the interval required by the REE Agency, as identified on the Award Face Sheet, and may submit financial reports to the ADO electronically (refer to 2 CFR 200.335 Methods for collection, transmission, and storage of information). (a) The OMB-approved SF-425, “Federal Financial Report,” may be used to report the financial status of an award; however, a financial report must contain an itemization of actual dollar amounts expended on the project during the reporting period (in line with the approved budget), and cumulative totals expended for each budget category from the start date of the award. (b) Financial reporting due dates: (1) Quarterly and semi-annual reports are due no later than 30 calendar days after the reporting period. (2) Annual reports are due no later than 90 days following the end of the award anniversary date ( i.e., one year following the month and day when the period of performance begins, and each year thereafter up until a final report is required). (c) Final financial report: (1) Requests for extensions must be submitted to the ADO. (2) Regardless of Agency-provided extensions for submission of the final financial report, funds will not be available for any drawdowns/payments that exceed statutory limits, as well as any expiring appropriations. | |||||||
| 7:7:6.1.2.1.9.0.1.25 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.124 Technical and property reporting requirements. | ARS | (a) Technical performance report. The Cooperator must submit technical performance reports at the interval required by the REE Agency, as identified on the Award Face Sheet, and may submit performance reports to the REE Agency electronically. (1) The performance report must follow the format of the Government wide Research Performance Progress Report, and must include the information described in 2 CFR 200.328(b)(2)(i) through (iii). (2) The final performance report covers the entire period of performance of the award, and must describe progress made during the entire timeframe of the project. (b) Intellectual property reporting. Reporting intellectual property resulting from a REE Agency award will be carried out through Interagency Edison (iEdison). The non-Federal entity must submit Invention Reports and Utilization Reports, including other relevant reports, at the iEdison web interface: www.iedison.gov. (c) Tangible personal property report. Upon termination or expiration of the award, the non-Federal entity must identify personal property/equipment purchased with any Federal funds under the award on the OMB-approved SF-428, “Tangible Personal Property Report and Instructions.” | |||||||
| 7:7:6.1.2.1.9.0.1.3 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.102 Applicability. | ARS | This part applies to all REE non-assistance cooperative agreements awarded under the authority of 7 U.S.C. 3318(b). | |||||||
| 7:7:6.1.2.1.9.0.1.4 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.103 Eligibility. | ARS | REE Agencies may enter into a non-assistance cooperative agreements with eligible entities to further research, extension, or teaching programs in the food and agricultural sciences. Eligible entities are any State agricultural experimental station, State cooperative extension service, any college or university, other research or education institution or organization, Federal or private agency or organization, an individual, or other party, either foreign or domestic. | |||||||
| 7:7:6.1.2.1.9.0.1.5 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.104 Competition. | ARS | REE Agencies may enter into non-assistance cooperative agreements, as authorized by this part, without regard to any requirements for competition specified in 2 CFR 200.202 and 200.206. (7 U.S.C. 3318(e)). | |||||||
| 7:7:6.1.2.1.9.0.1.6 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.105 Duration. | ARS | REE Agencies may enter into non-assistance cooperative agreements for a period not to exceed five years. (7 U.S.C. 3318(c)). | |||||||
| 7:7:6.1.2.1.9.0.1.7 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.106 Mutuality of interest. | ARS | The REE Agency must document all parties' interest in the project. Mutual interest exists when all parties benefit in the same qualitative way from the objectives of the award. If one party to the non-assistance cooperative agreement would independently have an interest in the project, which is shared by the other party, and all parties contribute resources to obtain the end result of the project, mutual interest exists. | |||||||
| 7:7:6.1.2.1.9.0.1.8 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.107 Exceptions. | ARS | This part does not apply to: (a) USDA Federal Financial Assistance agreements subject to 2 CFR parts 400 and 415; (b) Procurement contracts or other agreements subject to the Federal Acquisition Regulation (FAR) or the Agriculture Acquisition Regulation (AgAR); or (c) Agreements providing loans or insurance directly to an individual. | |||||||
| 7:7:6.1.2.1.9.0.1.9 | 7 | Agriculture | V | 550 | PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS | § 550.108 Conflicting policies and deviations. | ARS | This part supersedes and takes precedence over any individual REE regulations and directives dealing with executed and administered non-assistance cooperative agreements entered into under the delegated authority of 7 U.S.C. 3318(b). This part may only be superseded, in whole or in part, by a specifically worded Federal statute, regulation, or Executive Order. Deviations from specific provisions of part 550 must be authorized by the USDA-REE-Administrative and Financial Management (AFM)-Financial Management and Agreements Division (FMAD), or any successor organization, based on a documented justification. In the interest of maximum uniformity, exceptions from any requirements of this Part will be permitted only in unusual circumstances. Responsibility for developing, interpreting, and updating this Part is assigned to the USDA-REE-AFM-FMAD, or any successor organization. | |||||||
| 9:9:2.0.2.5.62.0.40.1 | 9 | Animals and Animal Products | III | F | 550 | PART 550—RECORDS REQUIRED TO BE KEPT | § 550.1 Records required to be kept. | FSIS | The requirements in 9 CFR 320.1 for records to be kept apply to persons that engage in businesses relating to fish and fish products as they do to persons that engage in businesses relating to the carcasses, parts, or products of other species amenable to the FMIA. | ||||||
| 9:9:2.0.2.5.62.0.40.2 | 9 | Animals and Animal Products | III | F | 550 | PART 550—RECORDS REQUIRED TO BE KEPT | § 550.2 Place of maintenance of records. | FSIS | The requirements in 9 CFR 320.2 for the place where records are to be maintained apply in the keeping of records under this part. | ||||||
| 9:9:2.0.2.5.62.0.40.3 | 9 | Animals and Animal Products | III | F | 550 | PART 550—RECORDS REQUIRED TO BE KEPT | § 550.3 Record retention period. | FSIS | The record retention requirements in 9 CFR 320.3 apply to records required to be kept under this part. | ||||||
| 9:9:2.0.2.5.62.0.40.4 | 9 | Animals and Animal Products | III | F | 550 | PART 550—RECORDS REQUIRED TO BE KEPT | § 550.4 Access to and inspection of records, facilities and inventory; copying and sampling. | FSIS | The provisions of 9 CFR 320.4 apply to businesses dealing in fish and fish products. | ||||||
| 9:9:2.0.2.5.62.0.40.5 | 9 | Animals and Animal Products | III | F | 550 | PART 550—RECORDS REQUIRED TO BE KEPT | § 550.5 Registration. | FSIS | The registration requirements in 9 CFR 320.5 apply to persons engaging in businesses, in or for commerce, relating to fish and fish products as they do to persons engaging in businesses relating to the carcasses, parts, and products, or any livestock, of other animal species that are amenable to the FMIA. | ||||||
| 9:9:2.0.2.5.62.0.40.6 | 9 | Animals and Animal Products | III | F | 550 | PART 550—RECORDS REQUIRED TO BE KEPT | § 550.6 Information and reports required from official establishment operators. | FSIS | The information and reporting requirements in 9 CFR 320.6 for operators of official establishments apply with respect to fish and fish products as they do with respect to other species amenable to the FMIA. | ||||||
| 9:9:2.0.2.5.62.0.40.7 | 9 | Animals and Animal Products | III | F | 550 | PART 550—RECORDS REQUIRED TO BE KEPT | § 550.7 Reports by consignees of allegedly adulterated or misbranded products; sale or transportation as violations. | FSIS | The requirements in 9 CFR 320.7 for reports by consignees of allegedly adulterated or misbranded products apply with respect to fish and fish products as they do with respect to products of other species amenable to the Act. |
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