openregs: cfr_sections: 103 rows where part_number = 551 sorted by section

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103 rows where part_number = 551 sorted by section_id

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section_id ▼	title_number	title_name	chapter	subchapter	part_number	part_name	subpart	subpart_name	section_heading	agency	amendment_citations	full_text
28:28:2.0.3.3.23.1.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	A	Subpart A—Grooming	§ 551.1 Policy.	BOP		The Bureau of Prisons permits an inmate to select the hair style of personal choice, and expects personal cleanliness and dress in keeping with standards of good grooming and the security, good order, and discipline of the institution.
28:28:2.0.3.3.23.1.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	A	Subpart A—Grooming	§ 551.2 Mustaches and beards.	BOP	[46 FR 59509, Dec. 4, 1981]	An inmate may wear a mustache or beard or both. The Warden shall require an inmate with a beard to wear a beard covering when working in food service or where a beard could result in increased likelihood of work injury.
28:28:2.0.3.3.23.1.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	A	Subpart A—Grooming	§ 551.3 Hairpieces.	BOP	[55 FR 40354, Oct. 2, 1990]	Inmates may not wear wigs or artificial hairpieces, unless medical authorization to do so is approved by the Warden.
28:28:2.0.3.3.23.1.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	A	Subpart A—Grooming	§ 551.4 Hair length.	BOP	[44 FR 38252, June 29, 1979, as amended at 46 FR 59509, Dec. 4, 1981]	(a) The Warden may not restrict hair length if the inmate keeps it neat and clean. (b) The Warden shall require an inmate with long hair to wear a cap or hair net when working in food service or where long hair could result in increased likelihood of work injury. (c) The Warden shall make available to an inmate hair care services which comply with applicable health and sanitation requirements.
28:28:2.0.3.3.23.1.127.5	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	A	Subpart A—Grooming	§ 551.5 Restrictions and exceptions.	BOP		The Warden may impose restrictions or exceptions for documented medical reasons.
28:28:2.0.3.3.23.1.127.6	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	A	Subpart A—Grooming	§ 551.6 Personal hygiene.	BOP	[46 FR 59509, Dec. 4, 1981]	The Warden shall make available to an inmate those articles necessary for maintaining personal hygiene.
28:28:2.0.3.3.23.1.127.7	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	A	Subpart A—Grooming	§ 551.7 Bathing and clothing.	BOP	[46 FR 59509, Dec. 4, 1981]	Each inmate must observe the standards concerning bathing and clothing that exist in the institution as required by standards of § 551.1.
28:28:2.0.3.3.23.10.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.100 Purpose and scope.	BOP		In addition to convicted inmates, the Bureau of Prisons houses persons who have not been convicted. Procedures and practices required for the care, custody, and control of such inmates may differ from those established for convicted inmates. Pretrial inmates will be separated, to the extent practicable, from convicted inmates. Except as specified by this rule, policies and standards applicable to persons committed to the custody of the Attorney General or the Bureau of Prisons apply also to pretrial inmates as defined in § 551.101.
28:28:2.0.3.3.23.10.127.10	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.109 Community activities.	BOP		(a) The Warden may not grant a furlough to a pretrial inmate (18 U.S.C. § 3622). (b) In an emergency, staff shall facilitate contact with the pretrial inmate's attorney of record, who may seek from the court a decision concerning release from custody or an escorted trip. (c) Except by order of the court, a pretrial inmate may not be considered for participation in community programs.
28:28:2.0.3.3.23.10.127.11	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.110 Religious programs.	BOP		(a) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to participate in religious programs with convicted inmates. (b) Staff shall ensure that pretrial inmates who do not participate in religious programs with convicted inmates have access to other religious programs.
28:28:2.0.3.3.23.10.127.12	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.111 Marriage.	BOP		A pretrial inmate may request permission to marry in accordance with current Bureau of Prisons policy for convicted inmates. Staff shall contact the court, U.S. Attorney, U.S. Marshals Service, and in the case of an alien, the Immigration and Naturalization Service, to advise of the marriage request of the pretrial inmate and to request their comments.
28:28:2.0.3.3.23.10.127.13	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.112 Education.	BOP		(a) A pretrial inmate may participate in correspondence and self-study educational courses. Institutional staff may also arrange for educational assistance to the pretrial inmate through the use of contract personnel or community volunteers. (b) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to have access to the institution's educational program.
28:28:2.0.3.3.23.10.127.14	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.113 Counseling.	BOP		(a) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to receive counseling services with convicted inmates. (b) Staff shall ensure that pretrial inmates who do not receive counseling services with convicted inmates have access to other counseling services.
28:28:2.0.3.3.23.10.127.15	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.114 Medical, psychiatric and psychological.	BOP		(a) Staff shall provide the pretrial inmate with the same level of basic medical (including dental), psychiatric, and psychological care provided to convicted inmates. (b) Staff shall advise the court, through the U.S. Marshal, of medication the pretrial inmate receives which may alter the inmate's courtroom behavior. (c) In event of serious illness or death of a pretrial inmate, staff shall notify the committing court, U.S. Marshal, U.S. Attorney's Office, the inmate's attorney of record, and the designated family member or next of kin.
28:28:2.0.3.3.23.10.127.16	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.115 Recreation.	BOP		(a) When consistent with institution security and good order, pretrial inmates may be allowed the opportunity to participate with convicted inmates in recreational activities. Staff shall ensure that inmates who do not participate in recreational activities with convicted inmates have access to other recreational activities. (b) At a minimum, and except as noted in paragraph (d) of this section, staff shall provide the pretrial inmate with the following recreational opportunities: (1) One hour daily of outside recreation, weather permitting; or (2) Two hours daily of indoor recreation. (c) Staff shall make recreation equipment available to the pretrial inmate including, but not limited to, physical exercise equipment, books, table games, and television. (d) Staff shall provide the pretrial inmate housed in Administrative Detention or Disciplinary Segregation with exercise as provided by the Bureau of Prisons rules on Inmate Discipline. (See 28 CFR part 541, subpart B.) (e) Provisions of paragraphs (b) and (c) of this section must be carried out unless compelling security or safety reasons dictate otherwise. Institution staff shall document these reasons.
28:28:2.0.3.3.23.10.127.17	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.116 Discipline.	BOP		(a) Staff shall require the pretrial inmate to abide by Bureau of Prisons rules on Inmate Discipline (see 28 CFR part 541, subpart B), subject to the limitations of § 551.106 of this part. (b) Staff shall advise the court, through the U.S. Marshal, of repeated or serious disruptive behavior by a pretrial inmate.
28:28:2.0.3.3.23.10.127.18	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.117 Access to legal resources.	BOP		(a) The Warden shall provide the opportunity for pretrial inmate-attorney visits on a seven-days-a-week basis. (b) Staff shall provide pretrial inmates with access to legal materials in the institution. (c) Staff shall allow the pretrial inmate, upon the inmate's request, to telephone the inmate's attorney as often as resources of the institution allow.
28:28:2.0.3.3.23.10.127.19	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.118 Property.	BOP		(a) A pretrial inmate may retain personal property as authorized for convicted inmates housed in administrative detention units. (See 28 CFR part 541, subpart B.) (b) Staff may store the pretrial inmate's unauthorized personal property until the individual is released, transferred to another facility, or sentenced and committed to a federal institution. (c) Staff may supply the pretrial inmate with clothing for court appearances, or the inmate may supply his or her own.
28:28:2.0.3.3.23.10.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.101 Definitions.	BOP		(a) Pretrial inmate. For purpose of this rule, “pretrial inmate” means a person who is legally detained but for whom the Bureau of Prisons has not received notification of conviction. Thus, “pretrial inmate” ordinarily includes a person awaiting trial, being tried, or awaiting a verdict. (1) Civil contempt, deportable aliens, or material witnesses. For purpose of this rule, an inmate committed for civil contempt, or as a deportable alien, or as a material witness is considered a pretrial inmate. (2) Mental evaluation or treatment. An inmate committed under Title 18 U.S.C. Sections 4241 (b) and (d), 4242(a), or 4243(b) is considered to be a pretrial inmate, whereas commitments under Sections 4243(e), 4244, 4245 or 4246 are treated as convicted inmates. (3) Concurrent federal and state sentences. For purpose of this rule, an inmate in a status described in paragraph (a) introductory text, (a)(1), or (a)(2) of this section and who is at the same time serving a state or federal sentence is not considered a pretrial inmate. (b) Convicted inmate. For purposes of this rule, an individual a court has found guilty of an offense punishable by law.
28:28:2.0.3.3.23.10.127.20	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.119 Release of funds and property of pretrial inmates.	BOP		(a) Staff shall establish procedures which allow for the release of funds and personal property to pretrial inmates released during other than normal business hours. (b) Staff shall ensure that pretrial inmates are informed of existing policy relative to the commissary account and the deposit/release of funds.
28:28:2.0.3.3.23.10.127.21	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.120 Visiting.	BOP		Staff shall allow pretrial inmates to receive visits in accordance with the Bureau's rule and local institution guidelines on visiting. Staff may allow a pretrial inmate special visits to protect the inmate's business interests or to help prepare for trial.
28:28:2.0.3.3.23.10.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.102 Commitment prior to arraignment.	BOP		On receipt of a U.S. Marshal remand, the Bureau of Prisons shall accept an individual who has not been arraigned for commitment as a pretrial inmate, provided that the institution has appropriate detention facilities available for that individual.
28:28:2.0.3.3.23.10.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.103 Procedure for admission.	BOP		Staff in administrative institutions or institutions with administrative components housing U.S. Marshals' prisoners shall establish procedures for admitting a pretrial inmate which include, but are not limited to: (a) Verification of commitment papers; (b) Search of the inmate; (c) Photographing and fingerprinting; (d) Disposition of clothing and personal possessions; (e) Intake screening (including Notice of Separation); (f) Providing institution guidelines governing telephone calls (including procedures for making unmonitored calls to an attorney); (g) Provisions for personal hygiene, to include: (1) Issue of personal hygiene items; (2) Issue of clean clothing; and (3) Opportunity for shower and hair care; (h) Orientation; (i) Opportunity for waiver of right not to work; (j) Assignment to an appropriate housing unit.
28:28:2.0.3.3.23.10.127.5	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.104 Housing.	BOP		To the extent practicable, pretrial inmates will be housed separately from convicted inmates.
28:28:2.0.3.3.23.10.127.6	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.105 Custody.	BOP		(a) Staff ordinarily will supervise a pretrial inmate as if classified “In” custody. (b) Where circumstances warrant, staff may supervise a pretrial inmate according to procedures for other custody levels.
28:28:2.0.3.3.23.10.127.7	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.106 Institutional employment.	BOP		Unless a pretrial inmate signs a waiver of his or her right not to work, the Warden may not require the inmate to work in any assignment other than housekeeping tasks in the inmate's own cell and in the community living area.
28:28:2.0.3.3.23.10.127.8	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.107 Pretrial inmate reviews.	BOP		Staff shall conduct regular reviews of a pretrial inmate's status. (a) Each pretrial inmate shall be scheduled for an initial review by the unit team within 21 calendar days of the inmate's first arrival at the institution, and subsequent reviews shall be conducted at least every 90 days. (b) The inmate shall be notified at least 48 hours prior to the inmate's scheduled review. (c) A pretrial inmate is expected to attend these reviews. If the inmate refuses to appear, staff shall document in the record of the meeting the inmate's refusal and, if known, the reason for refusal. (d) Inmate reviews are to be documented on the Pretrial Inmate Review Report.
28:28:2.0.3.3.23.10.127.9	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	J	Subpart J—Pretrial Inmates	§ 551.108 Performance pay.	BOP		The Warden may approve a pretrial inmate for performance pay and special awards.
28:28:2.0.3.3.23.12.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	M	Subpart M—Victim and/or Witness Notification	§ 551.150 Purpose and scope.	BOP	[64 FR 68265, Dec. 6, 1999]	The Bureau of Prisons provides a requesting victim and/or witness of a serious crime with information on the release from a Bureau institution of the inmate convicted of that serious crime.
28:28:2.0.3.3.23.12.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	M	Subpart M—Victim and/or Witness Notification	§ 551.151 Definitions.	BOP	[49 FR 18386, Apr. 30, 1984, as amended at 55 FR 6178, Feb. 21, 1990; 64 FR 68265, Dec. 6, 1999]	(a) For purpose of this rule, victim is generally defined as someone who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime. The term “victim” also includes the immediate family of a minor or a homicide victim. (b) For purpose of this rule, witness is defined as someone who has information or evidence concerning a crime, and provides information regarding this knowledge to a law enforcement agency. Where the witness is a minor, the term “witness” includes an appropriate family member. The term “witness” does not include defense witnesses or those individuals involved in the crime as a perpetrator or accomplice. (c) For purpose of this rule, serious crime is defined as a criminal offense that involves personal violence, attempted or threatened personal violence or significant property loss. (d) For purpose of this rule, the phrase release from a Bureau institution refers to an inmate's furlough, parole (including appearance before the Parole Commission), transfer to a State or local detention facility, transfer to a community corrections center, mandatory release, expiration of sentence, escape (including apprehension), death, and other such release-related information.
28:28:2.0.3.3.23.12.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	M	Subpart M—Victim and/or Witness Notification	§ 551.152 Procedures.	BOP	[49 FR 18386, Apr. 30, 1984, as amended at 55 FR 6178, Feb. 21, 1990]	(a) A victim and/or witness of a serious crime who wants to be notified of a specific inmate's release must make this request to the United States Attorney in the district where the prosecution occurred. Requests for notification received by the Bureau of Prisons directly from a victim and/or witness will be referred to the U.S. Attorney in the district of prosecution for approval. (b) Institution staff shall promptly notify the victim and/or witness when his or her request for notification has been received. Staff shall advise each approved victim and/or witness of that person's responsibility for notifying the Bureau of Prisons of any address and/or telephone number changes.
28:28:2.0.3.3.23.12.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	M	Subpart M—Victim and/or Witness Notification	§ 551.153 Cancelling the notification request.	BOP		(a) A victim and/or witness may request cancellation of the notification by contacting either the Bureau of Prisons or the U.S. Attorney from the prosecuting district. The Bureau of Prisons shall notify the victim and/or witness that his or her request for notification has been cancelled. (b) Bureau of Prisons staff may cancel a notification request when the victim and/or witness has not responded within 60 calendar days to a Bureau of Prisons inquiry concerning whether the victim and/or witness wishes to continue receiving notification of the inmate's release(s). (c) A notification request by a victim and/or witness ordinarily terminates when the inmate has completed service of the sentence for the serious crime which resulted in the request for notification.
28:28:2.0.3.3.23.13.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	N	Subpart N—Smoking/No Smoking Areas	§ 551.160 Purpose and scope.	BOP		To advance towards becoming a clean air environment and to protect the health and safety of staff and inmates, the Bureau of Prisons will restrict areas and circumstances where smoking is permitted within its institutions and offices.
28:28:2.0.3.3.23.13.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	N	Subpart N—Smoking/No Smoking Areas	§ 551.161 Definitions.	BOP		For the purposes of this subpart, smoking is defined as inhaling the smoke of any substance through the use of smoking apparatus including, but not limited to, cigars, cigarettes, or pipes.
28:28:2.0.3.3.23.13.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	N	Subpart N—Smoking/No Smoking Areas	§ 551.162 Smoking generally prohibited.	BOP		Smoking is generally prohibited in and on the grounds of Bureau institutions and offices, with the following two exceptions: (a) Smoking is permitted as part of an authorized inmate religious activity; and (b) For Bureau staff and official visitors, smoking is permitted only in smoking areas designated by the Warden.
28:28:2.0.3.3.23.13.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	N	Subpart N—Smoking/No Smoking Areas	§ 551.163 Possession of smoking apparatus and tobacco prohibited.	BOP		Possession of smoking apparatus and tobacco in any form is prohibited for inmates, unless as part of an authorized inmate religious activity.
28:28:2.0.3.3.23.2.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	B	Subpart B—Marriages of Inmates	§ 551.10 Purpose and scope.	BOP	[49 FR 18385, Apr. 30, 1984, as amended at 63 FR 5218, Jan. 30, 1998]	The Warden shall approve an inmate's request to marry except where a legal restriction to the marriage exists, or where the proposed marriage presents a threat to the security or good order of the institution, or to the protection of the public. The Warden may approve the use of institution facilities for an inmate's marriage ceremony. If a marriage ceremony poses a threat to the security or good order of the institution, the Warden may disapprove a marriage ceremony in the institution.
28:28:2.0.3.3.23.2.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	B	Subpart B—Marriages of Inmates	§ 551.11 Authority to approve a marriage.	BOP	[49 FR 18385, Apr. 30, 1984, as amended at 58 FR 58248, Oct. 29, 1993]	(a) The Warden may approve the marriage of a federal inmate confined in a federal institution. This authority may not be delegated below the level of Acting Warden. (b) The appropriate Community Corrections Manager may approve the request to marry of a federal inmate who is not confined in a federal institution (for example, a federal inmate who is in a community corrections center, in home confinement, in state custody, or in a local detention facility).
28:28:2.0.3.3.23.2.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	B	Subpart B—Marriages of Inmates	§ 551.12 Eligibility to marry.	BOP		An inmate's request to marry shall be approved provided: (a) The inmate is legally eligible to marry; (b) The inmate is mentally competent; (c) The intended spouse has verified, ordinarily in writing, an intention to marry the inmate; and (d) The marriage poses no threat to institution security or good order, or to the protection of the public.
28:28:2.0.3.3.23.2.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	B	Subpart B—Marriages of Inmates	§ 551.13 Application to marry.	BOP		(a) A federal inmate confined in a Bureau institution who wants to get married shall submit a request to marry to the inmate's unit team. The unit team shall evaluate the request based on the criteria identified in § 551.12. A written report of the unit team's findings, and its recommendation, shall be forwarded to the Warden for a final decision. (b) The Warden shall notify the inmate in writing whether the inmate's request to marry is approved or disapproved. A copy of this notification shall be placed in the inmate's central file. When the Warden's decision is to disapprove the inmate's request, the notification to the inmate shall include a statement of reason(s) for that action. The Warden shall advise the inmate that the decision may be appealed through the Administrative Remedy Procedure. (c) All expenses of the marriage (for example, a marriage license) shall be paid by the inmate, the inmate's intended spouse, the inmate's family, or other appropriate source approved by the Warden. The Warden may not permit appropriated funds to be used for an inmate marriage.
28:28:2.0.3.3.23.2.127.5	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	B	Subpart B—Marriages of Inmates	§ 551.14 Special circumstances.	BOP	[49 FR 18385, Apr. 30, 1984, as amended at 58 FR 58248, Oct. 29, 1993]	(a) Detainers and pending charges. Staff review of a marriage request from an inmate who has a detainer(s) and/or a pending charge(s) shall include an assessment of the legal effects of the marriage on these actions. For example, an inmate could request to marry a potential witness in litigation pending against that inmate. Approving this marriage could affect the status of this litigation. (b) Pretrial inmates. A pretrial inmate may request permission to marry in accordance with the provisions of this rule. Staff shall contact the court, U.S. Attorney, and in the case of an alien, the Immigration and Naturalization Service, to advise of the marriage request of the pretrial inmate and to request their comments. (c) Federal inmates not in Federal institutions. A federal inmate who is not confined in a federal institution who wants to get married shall submit a request to the appropriate Community Corrections Manager. Prior to making a decision on the inmate's request, the Community Corrections Manager shall advise the confining authority of the inmate's request and ask that information on the criteria identified in § 551.12 be furnished.
28:28:2.0.3.3.23.2.127.6	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	B	Subpart B—Marriages of Inmates	§ 551.15 Furloughs.	BOP		An inmate whose request to marry is approved, and who also meets the Bureau's criteria for furlough (see part 570, subpart C), may be considered for a furlough for the purpose of getting married.
28:28:2.0.3.3.23.2.127.7	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	B	Subpart B—Marriages of Inmates	§ 551.16 Marriage ceremony in the institution.	BOP		(a) The Warden may approve the use of institution facilities for an inmate's marriage ceremony. If a marriage ceremony poses a threat to the security or good order of the institution, the Warden may disapprove a marriage ceremony in the institution. The Warden may not delegate the authority to approve or to disapprove a marriage ceremony in the institution below the level of Acting Warden. (b) Expenses for a marriage ceremony in the institution shall be paid by the inmate, the inmate's intended spouse, the inmate's family, or other appropriate source approved by the Warden. The Warden may not permit appropriated funds to be used for the marriage ceremony, except for those inherent in providing the place and supervision for the event. Upon request of the inmate, Bureau of Prisons or community clergy, or a justice of the peace may be authorized to assist in a marriage ceremony at the institution. (1) The marriage ceremony may be performed by Bureau of Prisons or community clergy, or by a justice of the peace. (2) Because of ecclesiastical constraints, Bureau of Prisons chaplains may decline to perform the marriage ceremony. Upon request of the inmate, a Bureau chaplain will assist that inmate in preparing for an approved marriage; for example, by providing, or arranging for an inmate to receive, pre-nuptial marriage counseling. (c) The Warden shall require that a marriage ceremony at the institution be a private ceremony conducted without media publicity.
28:28:2.0.3.3.23.3.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	C	Subpart C—Birth Control, Pregnancy, Child Placement, and Abortion	§ 551.20 Purpose and scope.	BOP		The Bureau of Prisons provides an inmate with medical and social services related to birth control, pregnancy, child placement, and abortion. The Warden shall ensure compliance with the applicable law regarding these matters.
28:28:2.0.3.3.23.3.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	C	Subpart C—Birth Control, Pregnancy, Child Placement, and Abortion	§ 551.21 Birth control.	BOP		Medical staff shall provide an inmate with advice and consultation about methods for birth control and, where medically appropriate, prescribe and provide methods for birth control.
28:28:2.0.3.3.23.3.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	C	Subpart C—Birth Control, Pregnancy, Child Placement, and Abortion	§ 551.22 Pregnancy.	BOP	[44 FR 38252, June 29, 1979, as amended at 59 FR 62968, Dec. 6, 1994]	(a) The Warden shall ensure that each pregnant inmate is provided medical, case management, and counseling services. (b) In order to ensure proper medical and social services, the inmate shall inform the institution medical staff as soon as she suspects she is pregnant. (c) Medical staff shall arrange for the childbirth to take place at a hospital outside the institution.
28:28:2.0.3.3.23.3.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	C	Subpart C—Birth Control, Pregnancy, Child Placement, and Abortion	§ 551.23 Abortion.	BOP	[51 FR 47178, Dec. 30, 1986, as amended at 59 FR 62968, Dec. 6, 1994]	(a) The inmate has the responsibility to decide either to have an abortion or to bear the child. (b) The Warden shall offer to provide each pregnant inmate with medical, religious, and social counseling to aid her in making the decision whether to carry the pregnancy to full term or to have an elective abortion. If an inmate chooses to have an abortion, she shall sign a statement to that effect. The inmate shall sign a written statement acknowledging that she has been provided the opportunity for the counseling and information called for in this policy. (c) Upon receipt of the inmate's written statements required by paragraph (b) of this section, ordinarily submitted through the unit manager, the Clinical Director shall arrange for an abortion to take place.
28:28:2.0.3.3.23.3.127.5	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	C	Subpart C—Birth Control, Pregnancy, Child Placement, and Abortion	§ 551.24 Child placement.	BOP	[44 FR 38252, June 29, 1979, as amended at 51 FR 47179, Dec. 30, 1986; 59 FR 62968, Dec. 6, 1994]	(a) The Warden may not permit the inmate's new born child to return to the institution except in accordance with the Bureau of Prisons policy governing visiting. (b) Child placement is the inmate's responsibility. The Warden shall provide opportunities for counseling by institution staff and community social agencies to aid the inmate with placement. (c) The institution staff shall work closely with community agencies and persons to ensure the child is appropriately placed. The staff shall give notice to the responsible community agency of the inmate's plan for her child. Child welfare workers may come to the institution in appropriate cases to interview and counsel an inmate.
28:28:2.0.3.3.23.4.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	D	Subpart D—Inmate Organizations	§ 551.30 Purpose and scope.	BOP		The Bureau of Prisons permits inmates and persons in the community to participate in approved inmate organizations for recreational, social, civic, and benevolent purposes.
28:28:2.0.3.3.23.4.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	D	Subpart D—Inmate Organizations	§ 551.31 Approval of an organization.	BOP		(a) An inmate must submit a request for recognition of a proposed inmate organization to the Warden. The organization may not become active without the Warden's approval. (b) The Warden may approve an inmate organization upon determining that: (1) The organization has a constitution and bylaws duly approved by its members; the constitution and bylaws must include the organization's purpose and objectives, the duties and responsibilities of its officer(s), and the requirements for activities reporting and operational review; and (2) The organization does not operate in opposition to the security, good order, or discipline of the institution.
28:28:2.0.3.3.23.4.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	D	Subpart D—Inmate Organizations	§ 551.32 Staff supervision.	BOP		(a) The Warden shall appoint a staff member as the institution's Inmate Organization Manager (IOM). The IOM shall be responsible for monitoring the activities of the institution's inmate organizations and staff sponsors. (b) The Warden or designee shall assign to a staff sponsor responsibility for supervising the activities of an individual inmate organization. The staff sponsor's duties are performed while in official duty status.
28:28:2.0.3.3.23.4.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	D	Subpart D—Inmate Organizations	§ 551.33 Dues.	BOP		Dues may be collected if they are required by the national organization, are collected by that same national organization, and the rate and method of institution collection have been approved by the Warden. No portion of the dues may be kept by the inmate organization for use at the institution. The organization may not make payment of dues a requirement of membership for an inmate who lacks funds.
28:28:2.0.3.3.23.4.127.5	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	D	Subpart D—Inmate Organizations	§ 551.34 Organization activities.	BOP		(a) An officer of the inmate organization must submit a written request for approval of an activity to the Warden or designee. Activities include, but are not limited to, meetings, guest speakers, sports competitions, banquets, or community programs. Activities may not include fund-raising projects. The request must specifically include: (1) Name of the organization; (2) Nature or purpose of the activity; (3) Date, time, and estimated duration of the activity; (4) Estimated cost; (5) Information concerning guest participation; and (6) Other pertinent information requested by the Warden. (b) The Warden may approve the request if the activity: (1) Does not conflict with scheduled inmate work or program activities; (2) Has confirmation of staff supervision; (3) Can be appropriately funded when applicable (see § 551.36); and (4) Does not conflict with the security, good order, or discipline of the institution. (c) When an activity requires the expenditure of government funds, the Warden ordinarily shall require reimbursement from non-inmate participants (guests or members). (d) Each inmate organization shall be responsible for maintaining accurate records of its activities. (e) The activities of an inmate organization may be suspended temporarily due to noncompliance with Bureau policy. The IOM is responsible for recommending the specific suspension sanction for the Warden's approval. The inmate organization is to receive written notice of the proposed suspension sanction and shall have the opportunity to respond to the Warden. Continued noncompliance with Bureau policy shall result in an increase in the severity of the suspension sanction, and may include withdrawal of approval of the organization.
28:28:2.0.3.3.23.4.127.6	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	D	Subpart D—Inmate Organizations	§ 551.35 Withdrawal of approval of an organization.	BOP		The Warden may withdraw approval of an inmate organization for reasons of the security, good order, and discipline of the institution, or in accordance with § 551.34(e).
28:28:2.0.3.3.23.4.127.7	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	D	Subpart D—Inmate Organizations	§ 551.36 Funding.	BOP		The Bureau of Prisons may fund approved activities of inmate organizations or organization requests for purchase of equipment or services for all inmates subject to the availability of designated funds.
28:28:2.0.3.3.23.5.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	E	Subpart E—Inmate Contributions	§ 551.50 Policy.	BOP		(a) An inmate may contribute to a candidate for election to a federal, state or local office, in a primary, general, or special election. (b) An inmate may contribute to any international, national or local organization, including political parties, so long as the contribution does not violate any law or regulation.
28:28:2.0.3.3.23.6.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	F	Subpart F—Volunteer Community Service Projects	§ 551.60 Volunteer community service projects.	BOP	[58 FR 5210, Jan. 19, 1993]	(a) A volunteer community service project is a project sponsored and developed by local government or by a nonprofit charitable organization, submitted to the institution, and recommended by the Warden for approval of the Regional Director. Volunteer community service projects are designed to provide for the public good in keeping with the overall goals of the community, such as community-wide beautification or public safety. The sponsoring organization is responsible for certifying to the Bureau that the community service project does not displace regular employees, supplant employment opportunities ordinarily available within the sponsoring organization, or impair contracts for services. These projects are not work assignments. Any inmate who chooses to participate does so voluntarily, and may not receive performance pay or any other salaried compensation for participation in the project, nor be eligible to submit a claim under the provisions of the Inmate Accident Compensation Program. (b) An inmate may volunteer to participate in a community service project by submitting a written request for the Warden's approval. The inmate must have custody classification appropriate for the project and be otherwise eligible for the conditions of the project. The decision of the Warden to approve or disapprove an inmate's request shall be documented in writing. (c) An inmate may appeal the Warden's decision through the Administrative Remedy Procedure (see 28 CFR part 542).
28:28:2.0.3.3.23.7.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	G	Subpart G—Administering of Polygraph Test	§ 551.70 Purpose and scope.	BOP		The Bureau of Prisons cooperates with law enforcement officials and other authorized individuals in the performance of their duties by permitting them to administer polygraph tests to an inmate if the inmate consents to the testing.
28:28:2.0.3.3.23.7.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	G	Subpart G—Administering of Polygraph Test	§ 551.71 Procedures.	BOP		(a) The Warden may permit polygraph tests in connection with a State or Federal criminal felony investigation. (b) The Warden may permit polygraph tests in connection with misdemeanor offenses, civil proceedings, or any other matters. This type of request, however, is generally disapproved, absent a federal court order for the test. (c) The Warden may permit a polygraph test at the request of a defense counsel or other representative of the inmate. These requests are subject to the same standards and procedures applicable to testing by law enforcement officials. (d) The Warden may deny any request for testing which may disrupt the security or good order of the institution. (e) Upon written request to conduct a polygraph examination of an inmate, the Warden may approve the request if: (1) The validity of the request and of the examining agency can be confirmed; (2) The request complies with this section; and (3) The inmate gives written consent to the testing. (f) If the request is approved, the Warden shall notify the requestor that he is responsible for meeting all state and local requirements in administering the test. (g) The Bureau of Prisons maintains a record in the inmate's central file of the polygraph test indicating the inmate's consent and the time and place of and the personnel involved in the testing.
28:28:2.0.3.3.23.8.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	H	Subpart H—Inmate Manuscripts	§ 551.80 Definition.	BOP		As used in this rule, manuscript means fiction, nonfiction, poetry, music and lyrics, drawings and cartoons, and other writings of a similar nature.
28:28:2.0.3.3.23.8.127.2	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	H	Subpart H—Inmate Manuscripts	§ 551.81 Manuscript preparation.	BOP		An inmate may prepare a manuscript for private use or for publication while in custody without staff approval. The inmate may use only non-work time to prepare a manuscript.
28:28:2.0.3.3.23.8.127.3	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	H	Subpart H—Inmate Manuscripts	§ 551.82 Mailing inmate manuscripts.	BOP		An inmate may mail a manuscript as general correspondence, in accordance with part 540, subpart B of this chapter. An inmate may not circulate his manuscript within the institution.
28:28:2.0.3.3.23.8.127.4	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	H	Subpart H—Inmate Manuscripts	§ 551.83 Limitations on an inmate's accumulation of manuscript material.	BOP		The Warden may limit, for housekeeping, fire-prevention, or security reasons, the amount of accumulated inmate manuscript material.
28:28:2.0.3.3.23.9.127.1	28	Judicial Administration	V	C	551	PART 551—MISCELLANEOUS	I	Subpart I—Non-Discrimination Toward Inmates	§ 551.90 Policy.	BOP	[63 FR 55774, Oct. 16, 1998]	Bureau staff shall not discriminate against inmates on the basis of race, religion, national origin, sex, disability, or political belief. This includes the making of administrative decisions and providing access to work, housing and programs.
29:29:3.1.1.1.28.0.105.1	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.1 Statutory provision.	DOL-WHD		The following provision for exemption from the overtime pay provision is contained in section 13(b) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 213(b)): (b) The provisions of section 7 shall not apply with respect to: (b) The provisions of section 7 shall not apply with respect to: (11) any employee employed as a driver or driver's helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan, if the Secretary shall find that such plan has the general purpose and effect of reducing hours worked by such employees to, or below, the maximum workweek applicable to them under section 7(a). (11) any employee employed as a driver or driver's helper making local deliveries, who is compensated for such employment on the basis of trip rates, or other delivery payment plan, if the Secretary shall find that such plan has the general purpose and effect of reducing hours worked by such employees to, or below, the maximum workweek applicable to them under section 7(a). Under this provision, an employee employed and compensated as described in the quoted paragraph (11) may be employed without payment of overtime compensation for a workweek longer than the maximum workweek applicable to him under section 7(a) of the Act, but only if it is established by a finding of the Secretary that the employee is compensated for his employment as a driver or driver's helper making local deliveries on the basis of trip rates or other delivery payment plan that has the general purpose and effect stated in section 13(b)(11). Such a finding is prescribed by the statute as one of the “explicit prerequisites to exemption”. (See Arnold v. Kanowsky, 361 U.S. 388, 392.)
29:29:3.1.1.1.28.0.105.2	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.2 Findings authorized by this part.	DOL-WHD		(a) The Administrator, pursuant to the authority vested in him by the Secretary of Labor, will make and apply findings under section 13(b)(11) of the Act as provided in this part. Such findings shall be made only upon petitions meeting the requirements of this part, and only as authorized in this section. (b) For the purpose of establishing whether a wage payment plan has the purpose and effect required by section 13(b)(11) for an exemption from the overtime provisions of the Act, the Administrator shall have authority, upon a proper showing and in accordance with the provisions of this part, to make a finding as to the general purpose and effect of any specific plan of compensation on the basis of trip rates or other delivery payment plan, with respect to the reduction of the length of the workweeks worked by the employees of any specific employer who are compensated in accordance with such plan for their employment by such employer as drivers or drivers' helpers making local deliveries. (c) Any finding made as to the purpose and effect of such a wage payment plan pursuant to a petition therefor will be based upon a consideration of all relevant facts shown or represented to exist with respect to such plan that are made available to the Administrator. A finding that such plan has the general effect of reducing the hours worked by drivers or drivers' helpers compensated thereunder to, or below, the maximum workweek applicable to them under section 7(a) of the Act is not authorized under this part unless the Administrator finds that during the most recently completed representative period of one year (based on the experience of the employer in question, or if such employer has not previously used such plan, on the experience of another employer using such plan under substantially the same conditions, all as defined in § 551.8(g)(1)), the average weekly hours, taken in the aggregate, of all full-time employees covered by the plan are not in excess of the maximum workweek applicable to such employees under section…
29:29:3.1.1.1.28.0.105.3	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.3 Petition for a finding.	DOL-WHD		Any employer desiring to establish an exemption from the overtime pay requirements of the Act with respect to employees whose employment and compensation may be considered to qualify therefor under section 13(b)(11) may petition the Administrator, in writing, for a finding under such section and this part. If the wage payment plan with respect to which the finding is sought has been the subject of collective bargaining with representatives of employees covered by the plan, the employer shall provide timely notice of such petition, in writing, to the authorized representatives or representatives of such employees and shall submit a copy of such notice to the Administrator.
29:29:3.1.1.1.28.0.105.4	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.4 Requirements for petition.	DOL-WHD		A petition for a finding under section 13(b)(11) of the Act and this part shall include in such detail as the Administrator may deem necessary for evaluation under the standards provided by the statute and this part, all the information required by § 551.5. Such information may be presented in any form convenient to the petitioner; no particular form is prescribed for the petition. The petition shall also include, by attachment, a copy of any collective bargaining agreement or other document governing the method of payment for the work of employees covered by the wage payment plan with respect to which a finding is requested. The petition, together with any such documents, shall be filed with the Administrator, Wage and Hour Division, United States Department of Labor, Washington, DC 20210.
29:29:3.1.1.1.28.0.105.5	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.5 Information to be submitted.	DOL-WHD		Every petition filed under §§ 551.3 and 551.4 shall contain the following information: (a) A full statement of the facts relied upon by the petitioner to establish, under the applicable definitions in § 551.8, that the wage payment plan submitted for consideration: (1) Applies to employees employed (i) as drivers or drivers' helpers, or both, (ii) in “making local deliveries” and (2) determines, “on the basis of trip rates or other delivery payment plan”, the compensation which such employees receive for such employment; and (b) A complete description of the wage payment plan and full information concerning its application showing, among other things: (1) The method of compensation which it provides and the types of payments made to employees covered by the plan, together with such information as may be necessary to show how these payments are computed and how and to what extent they are actually used in determining the total compensation received by employees covered by the plan, (2) a full description of all duties performed by the employees compensated under the plan, including information as to the types of goods delivered, their points of origin and destination and the purposes for and geographical area within which they are transported by the employees, the relationship of the employer to the consignor and consignee, and the numbers, (minimum, maximum, and average or typical) of round trips made by such employees in transporting such goods during the workday and of deliveries made during each such trip, and (3) other relevant information concerning the employees compensated under the plan including the total number of such employees employed full-time as drivers or drivers' helpers making local deliveries under the provisions of the plan during the most recent representative annual period as defined in § 551.8(g)(1), the weekly hours worked and the average workweek of such employees during such period and, if there are any significant variations in the number of such employees so employed in the particula…
29:29:3.1.1.1.28.0.105.6	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.6 Action on petition.	DOL-WHD		(a) Upon the filing of a petition as provided in this part, the Administrator will give consideration thereto, and make any further inquiry into the facts that he may deem necessary. The Administrator may require, before taking further action thereof, that notice of the petition be given to affected employees in such manner as he shall determine to be appropriate to afford them an opportunity to submit any facts or reasons supporting or opposing the finding prayed for in the petition. If the Administrator determines that the petition fails to satisfy any of the requirements of this part, he shall deny the request for a finding or, in his discretion, advise petitioners that further consideration will be given to the submission if the deficiencies are remedied within a specified time. No further consideration will be given, however, to a request for a finding if the Administrator determines that the factual situation as described in the petition is not one in which authority to make the finding is provided by section 13(b)(11) and this part. (b) If the Administrator determines that a petition meets all requirements of this part and if he is satisfied from consideration of all relevant facts and information available to him that the wage payment plan submitted has, within the meaning of section 13(b)(11) of the Act and this part, the general purpose and effect with respect to drivers or drivers' helpers making local deliveries, who are employed pursuant to its provisions on the basis of trip rates or other delivery payment plan, of reducing the hours worked by such employees to, or below, the maximum workweek applicable to them under section 7(a) of the Act, the Administrator will make an appropriate finding to this effect, and notify the petitioner; otherwise the request for such a finding will be denied.
29:29:3.1.1.1.28.0.105.7	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.7 Finding.	DOL-WHD		(a) A finding by the Administrator under paragraph (b) of § 551.6 that a wage payment plan has the purpose and effect required for exemption of employees under section 13(b)(11) and this part shall be effective in accordance with its terms upon notification to petitioners as provided in § 551.6(b). The finding shall include such terms and conditions and such limitations with respect to its application as the Administrator shall deem necessary to ensure that no exemption will be based thereon in the event of any significant change in any of the essential supporting facts. (b) A finding made pursuant to this part may be amended or revoked by the Administrator at any time upon his own motion or upon written request of any interested person setting forth reasonable grounds therefor. Before taking such action, the Administrator shall afford opportunity to interested persons to present their views and shall give consideration to any relevant information that they may present.
29:29:3.1.1.1.28.0.105.8	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.8 Definitions.	DOL-WHD		As used in this part: (a) Secretary means the Secretary of Labor. (b) Administrator means the Administrator of the Wage and Hour Division, United States Department of Labor. (c) Finding means a finding made pursuant to section 13(b)(11) of the Fair Labor Standards Act as provided in this part. (d) Making local deliveries includes the activities customarily and regularly performed in the physical transfer, to customers of a business establishment situated within the rural or urban community or metropolitan area in which the establishment is located, of goods sold or otherwise disposed of to such local customers by such establishment. Included are activities performed by the driver or driver's helpers as an incident to or in conjunction with making such deliveries, such as picking up and returning the delivery vehicle at the beginning and end of the workday, cleaning the vehicle, checking it to see that it is in operating condition, loading and unloading or assisting in loading or unloading the goods, and picking up empty containers or other goods from customers for return to the establishment. Not included in the making of local deliveries are such transportation as the carriage of passengers; the transportation of any load of goods that would normally require a round trip longer than a single workday for delivery and return to the starting point; any movement of goods which does not accomplish a transfer of possession from one person to another; transportation of goods as a part of a process of production; and transportation of goods within a local community or metropolitan area as an integral part of a carriage of such goods from a point outside such community or area to a destination within it, rather than as a part of the activities customarily performed in making local deliveries, as defined in this section, in the same manner as deliveries of goods held locally for local disposition. (e) Employee employed as a driver or driver's helper making local deliveries includes any employee who is emplo…
29:29:3.1.1.1.28.0.105.9	29	Labor	V	A	551	PART 551—LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS			§ 551.9 Recordkeeping requirements.	DOL-WHD	[35 FR 17841, Nov. 20, 1970]	The records which must be kept and the computations which must be made with respect to employees for whom the overtime pay exemption under section 13(b)(11) is taken are specified in § 516.15 of this chapter.
46:46:9.0.1.3.22.0.1.1	46	Shipping	IV	C	551	PART 551—ACTIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE U.S. FOREIGN TRADE			§ 551.1 Actions to adjust or meet conditions unfavorable to shipping in specific trades.	FMC	[67 FR 39861, June 11, 2002, as amended at 74 FR 50733, Oct. 1, 2009]	Whenever the Commission determines that conditions unfavorable to shipping exist in the United States foreign trade with any nation and issues rules to adjust or meet such conditions, pursuant to section 19(1)(b) of the Merchant Marine Act, 1920 (46 U.S.C. 42101) and 46 CFR part 551, such rules shall be published in the Federal Register and added to this part.
49:49:6.1.2.3.24.1.4.1	49	Transportation	V		551	PART 551—PROCEDURAL RULES	A	Subpart A—General	§ 551.1 Scope.	NHTSA	[33 FR 19700, Dec. 25, 1968. Redesignated at 35 FR 5118, Mar. 26, 1970, and amended at 38 FR 20086, July 27, 1973]	This part contains rules of procedure generally applicable to the transaction of official business under the National Traffic and Motor Vehicle Safety Act of 1966, the Motor Vehicle Information and Cost Savings Act, and the Highway Safety Act of 1966. These rules apply in addition to the rules governing specific proceedings. In case of inconsistency with these general rules, the specific rules prevail.
49:49:6.1.2.3.24.3.4.1	49	Transportation	V		551	PART 551—PROCEDURAL RULES	C	Subpart C—Submittals in Writing	§ 551.31 Form of communications.	NHTSA		Any communication in writing relating to official business (including formal documents) shall be on opaque and durable paper not larger than 9 by 14 inches in size. Tables, charts, or originals of other documents that are attached to communications shall be folded to this size, if possible. The left margin of communications shall be at least 1 1/2 inches wide, and if a communication is bound, it shall be bound on the left side. All copies submitted shall be legible.
49:49:6.1.2.3.24.3.4.2	49	Transportation	V		551	PART 551—PROCEDURAL RULES	C	Subpart C—Submittals in Writing	§ 551.33 Address of communications.	NHTSA	[36 FR 1147, Jan. 23, 1971; 38 FR 20086, July 27, 1973]	Unless otherwise specified, communications shall be addressed to the Administrator, National Highway Traffic Safety Administration, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590. Communications may not be addressed to a staff member's private address.
49:49:6.1.2.3.24.3.4.3	49	Transportation	V		551	PART 551—PROCEDURAL RULES	C	Subpart C—Submittals in Writing	§ 551.35 Subscription of communications.	NHTSA		Each communication shall be signed in ink and shall disclose the full legal name and the address of the person signing it and, if he is an agent, of his principal.
49:49:6.1.2.3.24.3.4.4	49	Transportation	V		551	PART 551—PROCEDURAL RULES	C	Subpart C—Submittals in Writing	§ 551.37 Language of communications.	NHTSA		Communications and attachments thereto shall be in English. Any matter written in a foreign language will be considered only if accompanied by a translation into English. A translation shall bear a certificate by the translator certifying that he is qualified to make the translation; that the translation is complete except as otherwise clearly indicated; and that it is accurate to the best of the translator's knowledge and belief. The translator shall sign the certificate in ink and state his full legal name, occupation, and address.
49:49:6.1.2.3.24.4.4.1	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.45 What is the purpose of this subpart?	NHTSA		The purpose of this subpart is to establish a procedure for foreign manufacturers, assemblers and importers of motor vehicles and motor vehicle equipment to designate an agent in the United States on whom service of administrative or judicial notices or processes may be made.
49:49:6.1.2.3.24.4.4.2	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.46 Who must comply with this subpart and when?	NHTSA		(a) All foreign manufacturers, assemblers, and importers of motor vehicles or motor vehicle equipment (hereinafter referred to as “foreign manufacturers”) must comply with this subpart before offering a motor vehicle or item of motor vehicle equipment for importation into the United States. (b) Unless and until a foreign manufacturer appoints an agent in accordance with the requirements of this subpart, it may not import motor vehicles or motor vehicle equipment into the United States.
49:49:6.1.2.3.24.4.4.3	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.47 Who may serve as an agent for a foreign manufacturer?	NHTSA		Only an individual, a domestic firm or a domestic corporation that is a permanent resident of the United States may serve as an agent under this subpart.
49:49:6.1.2.3.24.4.4.4	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.48 May an official of a foreign manufacturer serve as its agent?	NHTSA		(a) Generally no; an agent must be a permanent resident of the United States. Typically officials of foreign manufacturers and importers are not United States residents. (b) Occasionally an official of a foreign manufacturer also serves as an official of a domestic firm or corporation or is a permanent resident of the United States. In such cases, the official may serve as agent and sign the designation documents both on behalf of the foreign manufacturer and as agent. However, the foreign manufacturer must submit to NHTSA, along with the designation documents, a letter explaining that the individual signing the designation is both an official of the foreign manufacturer with authority to appoint an agent and a permanent resident of the United States or official of a domestic firm or corporation. If NHTSA does not receive an explanatory letter at the same time it receives the designation, the agency will deem the designation insufficient under this subpart and reject the submission.
49:49:6.1.2.3.24.4.4.5	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.49 May a foreign manufacturer replace its agent?	NHTSA		(a) Yes, a foreign manufacturer may replace its agent in the same way it originally designated the agent. It must submit designation documents that meet the form and content requirements identified in the following section of this subpart. Until NHTSA receives designation documents meeting those requirements or a letter withdrawing an existing designation, the individual or domestic corporation originally designated will continue to serve as its agent for service of process. (b) A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor vehicles or motor vehicle equipment into the United States. In order to do so, it must appoint a new agent in accordance with the requirements of this subpart.
49:49:6.1.2.3.24.4.4.6	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.50 May more than one foreign manufacturer designate the same person as agent?	NHTSA		Yes, any number of foreign manufacturers separately may designate the same person as agent.
49:49:6.1.2.3.24.4.4.7	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.51 May an agent assign performance of its functions to another individual or entity?	NHTSA		No, an agent may not assign performance of its functions.
49:49:6.1.2.3.24.4.4.8	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.52 How long will a foreign manufacturer's designation of agent remain in effect?	NHTSA		(a) A designation of agent remains in effect until replaced or withdrawn by a foreign manufacturer. (b) A foreign manufacturer that has withdrawn but not replaced its agent may not continue to import motor vehicles or motor vehicle equipment into the United States. In order to do so, it must appoint a new agent in accordance with the requirements of this subpart.
49:49:6.1.2.3.24.4.5.10	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.54 What are the required contents for a designation?	NHTSA		The suggested designation form set forth in the Appendix, if completed and signed properly by a foreign manufacturer and its agent, contains all of the information necessary to create a valid designation under this subpart. Specifically, a valid designation must contain: (a) A Designation by Foreign Manufacturer; and (b) An Acceptance by Agent.
49:49:6.1.2.3.24.4.5.11	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.55 What information must a Designation by Foreign Manufacturer contain?	NHTSA		A Designation by Foreign Manufacturer must contain: (a) A statement that the designation is in valid form and binding on the foreign manufacturer under the laws, corporate bylaws or other requirements governing the making of designations at the place and time where it is made; (b) The full legal name, principal place of business and mailing address of the foreign manufacturer; (c) All trade or brand names, marks, logos or other designations of origin under which the foreign manufacturer's products will be sold; and (d) The signature in ink, and the name and title of the official or employee signing the designation on behalf of the foreign manufacturer, who must have authority to appoint an agent.
49:49:6.1.2.3.24.4.5.12	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.56 What information must an Acceptance by Agent contain?	NHTSA		An Acceptance by Agent must contain: (a) The full legal name, mailing address and telephone number of the agent; (b) A statement that the agent accepts the designation and understands that (s)he may not assign performance of the agent's functions under the designation to another person or entity, and that the designation shall remain in effect until it is withdrawn or replaced by the foreign manufacturer; (c) The signature in ink of the agent, or an official or employee of the domestic firm or corporation serving as the agent, who must authority to sign for the firm or corporation; and (d) The name and title of the individual signing the acceptance.
49:49:6.1.2.3.24.4.5.13	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.57 Who may sign the Designation by Foreign Manufacturer?	NHTSA		Only an official or employee of the foreign manufacturer with authority to appoint an agent may sign the Designation by Foreign Manufacturer.
49:49:6.1.2.3.24.4.5.14	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.58 Who may sign the Acceptance by Agent?	NHTSA		Only the agent, in the case of an individual, or an official or employee, in the case of a domestic firm or corporation serving as the agent with authority to sign for that firm of corporation, may sign the Acceptance of Agent.
49:49:6.1.2.3.24.4.5.15	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.59 May the same individual sign both the Designation by Foreign Manufacturer and Acceptance by Agent?	NHTSA		(a) Generally no; the Designation by Manufacturer must be signed by an official or employee of the foreign manufacturer and the Acceptance by Agent must be signed by the foreign manufacturer's agent, in the case of an individual, or by an official or employee, in the case of a domestic firm or corporation serving as its agent. (b) Occasionally an official of a foreign manufacturer also serves as an official of a domestic firm or corporation or is a permanent resident of the United States. In such cases, the official may serve as agent and sign the designation documents both on behalf of the foreign manufacturer and as agent. However, the foreign manufacturer must submit to NHTSA, along with the designation documents, a letter explaining that the individual signing the designation is both an official of the foreign manufacturer with authority to appoint an agent and a permanent resident of the United States or official of a domestic firm or corporation. If NHTSA does not receive an explanatory letter at the same time it receives the designation, the agency will deem the designation insufficient under this subpart and reject the submission.
49:49:6.1.2.3.24.4.5.16	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.60 When must the Designation by Foreign Manufacturer be signed?	NHTSA		(a) The foreign manufacturer must sign the Designation by Foreign Manufacturer on or before the date that the agent signs the Acceptance by Agent. It is not possible for an individual or entity to accept a designation as agent until on or after the date on which a foreign manufacturer makes the designation. (b) If the Designation by Foreign Manufacturer is dated after the Acceptance by Agent, NHTSA will deem the designation insufficient under this subpart and reject the submission.
49:49:6.1.2.3.24.4.5.17	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.61 When must the Acceptance by Agent be signed?	NHTSA		(a) The agent, in the case of an individual, or an employee or official, in the case of a domestic firm or corporation serving as agent, must sign the Acceptance by Agent on or after the date that the manufacturer signs the Designation by Foreign Manufacturer. It is not possible for an individual or entity to accept a designation as agent until on or after the date on which the foreign manufacturer makes the designation. (b) If the Acceptance by Agent is dated before the Designation by Foreign Manufacturer, NHTSA will deem the designation insufficient under this subpart and reject the submission.
49:49:6.1.2.3.24.4.5.18	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.62 Where should a foreign manufacturer mail the designation?	NHTSA		Foreign manufacturers must mail their designations to the Office of the Executive Secretariat, National Highway Traffic Safety Administration, Room 5221, 400 Seventh Street, SW, Washington, DC 20590. No other NHTSA office is authorized to accept designation documents. To avoid delays, the agency suggests using express mail services.
49:49:6.1.2.3.24.4.5.19	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.63 May a foreign manufacturer submit a designation by email or facsimile?	NHTSA		No, the statute requires designation documents submitted by foreign manufacturers to contain original ink signatures. NHTSA will reject designation documents submitted via email or facsimile, as they do not satisfy this requirement.
49:49:6.1.2.3.24.4.5.20	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.64 What if designation documents submitted by a foreign manufacturer do not comply with this subpart?	NHTSA		Designations of agent are binding on the foreign manufacturer even when their form and contents do not comply with this subpart, unless rejected by the agency.
49:49:6.1.2.3.24.4.5.21	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.65 What if a foreign manufacturer changes its name, address or product names or marks?	NHTSA		(a) A foreign manufacturer must provide written notice to NHTSA of any changes in its name, address or marks, trade names, or other designations of origin appearing on its products. (b) Foreign manufacturers should mail notices to the Office of the Executive Secretariat, National Highway Traffic Safety Administration, Room 5221, 400 Seventh Street, SW., Washington, DC 20590. To avoid delays, the agency suggests using express mail services.
49:49:6.1.2.3.24.4.5.9	49	Transportation	V		551	PART 551—PROCEDURAL RULES	D	Subpart D—Service of Process on Foreign Manufacturers and Importers	§ 551.53 What is the required format for a designation?	NHTSA		(a) All documents submitted under this subpart must be: (1) Original documents; (2) Written in English; and (3) Signed in ink. (b) For each signature, the document must indicate in English: (1) The date of signature; and (2) The name and title of the individual who signed the document. (c) As long as documents submitted by a foreign manufacturer and its agent contain all required information (identified in §§ 551.54, 551.55 and 551.56 below), there is no mandatory format for the designation (d) NHTSA encourages foreign manufacturers to use the suggested designation form set forth in the appendix to this subpart. If completed and executed properly by both a foreign manufacturer and its agent, this form will comply fully with the requirements of §§ 551.53 through 551.65.

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