cfr_sections
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38 rows where part_number = 555 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 46:46:9.0.1.3.23.0.1.1 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.1 Purpose. | FMC | [64 FR 8010, Feb. 18, 1999] | It is the purpose of the regulations of this part to establish procedures to implement the Foreign Shipping Practices Act of 1988, as amended by the Ocean Shipping Reform Act of 1998, which authorizes the Commission to take action against foreign carriers, whose practices or whose government's practices result in adverse conditions affecting the operations of United States carriers, which adverse conditions do not exist for those foreign carriers in the United States. The regulations of this part provide procedures for investigating such practices and for obtaining information relevant to the investigations, and also afford notice of the types of actions included among those that the Commission is authorized to take. | |||||
| 46:46:9.0.1.3.23.0.1.2 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.2 Definitions. | FMC | [54 FR 11533, Mar. 21, 1989. Redesignated and amended at 64 FR 8010, Feb. 18, 1999; 74 FR 50733, Oct. 1, 2009] | For the purposes of this part: (a) Common carrier, marine terminal operator, ocean transportation intermediary, ocean common carrier, person, shipper, shippers' association, and United States have the meanings given each such term, respectively, in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102); (b) Foreign carrier means an ocean common carrier a majority of whose vessels are documented under the laws of a country other than the United States; (c) Maritime services means port-to-port carriage of cargo by the vessels operated by ocean common carriers; (d) Maritime-related services means intermodal operations, terminal operations, cargo solicitation, agency services, ocean transportation intermediary services and operations, and all other activities and services integral to total transportation systems of ocean common carriers and their foreign domiciled affiliates on their own and others' behalf; (e) United States carrier means an ocean common carrier which operates vessels documented under the laws of the United States; (f) United States oceanborne trade means the carriage of cargo between the United States and a foreign country, whether direct or indirect, by an ocean common carrier; (g) 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. | |||||
| 46:46:9.0.1.3.23.0.1.3 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.3 Scope. | FMC | The Commission shall take such action under this part as it considers necessary and appropriate when it determines that any laws, rules, regulations, policies, or practices of foreign governments, or any practices of foreign carriers or other persons providing maritime or maritime-related services in a foreign country, result in conditions that adversely affect the operations of United States carriers in United States oceanborne trade, and do not exist for foreign carriers of that country in the United States under the laws of the United States or as a result of acts of United States carriers or other persons providing maritime or maritime-related services in the United States. | ||||||
| 46:46:9.0.1.3.23.0.1.4 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.4 Petitions. | FMC | [54 FR 11533, Mar. 21, 1989, as amended at 63 FR 50537, Sept. 22, 1998; 64 FR 8010, Feb. 18, 1999; 64 FR 23551, May 3, 1999; 67 FR 39861, June 11, 2002; 70 FR 10331, Mar. 3, 2005; 81 FR 59145, Aug. 29, 2016; 83 FR 50295, Oct. 5, 2018; 85 FR 72579, Nov. 13, 2020; 88 FR 16898, Mar. 21, 2023] | (a) A petition for investigation to determine the existence of adverse conditions as described in § 555.3 may be submitted by any person, including any common carrier, shipper, shippers' association, ocean freight forwarder, or marine terminal operator, or any branch, department, agency, or other component of the Government of the United States. Petitions for relief under this part shall be in writing, and filed in the form of an original and fifteen copies with the Secretary, Federal Maritime Commission, Washington, DC 20573. The petition must be accompanied by remittance of a $450 filing fee. (b) Petitions shall set forth the following: (1) The name and address of the petitioner; (2) The name and address of each party (foreign government, agency or instrumentality thereof, carrier, or other person) against whom the petition is made, a statement as to whether the party is a foreign government, agency or instrumentality thereof, and a brief statement describing the party's function, business or operation; (3) The name and address of each United States carrier alleged to be adversely affected, and a description, and if possible, documentation, of why each is considered by petitioner to be a United States carrier; (4) A precise description and, if applicable, citation of any law, rule, regulation, policy or practice of a foreign government or practice of a foreign carrier or other person causing the conditions complained of; (5) A certified copy of any law, rule, regulation or other document involved and, if not in English, a certified English translation thereof; (6) Any other evidence of the existence of such laws and practices, evidence of the alleged adverse effects on the operations of United States carriers in United States oceanborne trade, and evidence that foreign carriers of the country involved are not subjected to similar adverse conditions in the United States. (7) With respect to the harm already caused, or which may reasonably be expected to be caused, the following information, if available … | |||||
| 46:46:9.0.1.3.23.0.1.5 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.5 Investigations. | FMC | [54 FR 11533, Mar. 21, 1989. Redesignated at 64 FR 8010, Feb. 18, 1999, and amended at 67 FR 39862, June 11, 2002; 74 FR 50733, Oct. 1, 2009] | (a) An investigation to determine the existence of adverse conditions as described in § 555.3 may be initiated by the Commission on its own motion or on the petition of any person pursuant to § 555.4. An investigation shall be considered to have been initiated for the purpose of the time limits imposed by the Foreign Shipping Practices Act of 1988 upon the publication in the Federal Register of the Commission's notice of investigation, which shall announce the initiation of the proceeding upon either the Commission's own motion or the filing of a petition. (b) The provisions of part 502 of this chapter (Rules of Practice and Procedure) shall not apply to this part except for those provisions governing ex parte communications (§ 502.11 of this chapter) and except as the Commission may otherwise determine by order. The precise procedures and timetables for participation in investigations initiated under this part will be established on an ad hoc basis as appropriate and set forth in the notice. Proceedings may include oral evidentiary hearings, but only when the Commission determines that there are likely to be genuine issues of material fact that cannot be resolved on the basis of written submissions, or that the nature of the matter in issue is such that an oral hearing and cross-examination are necessary for the development of an adequate record. In any event, investigations initiated under this part shall proceed expeditiously, consistent with due process, to conform with the time limits specified in the Foreign Shipping Practices Act and to identify promptly the conditions described in § 555.3 of this part. (c) Upon initiation of an investigation, interested persons will be given the opportunity to participate in the proceeding pursuant to the procedures set forth in the notice. Submissions filed in response to a notice of investigation may include written data and statistics, views, and legal arguments. Factual information submitted shall be certified under oath. An original and 15 copies of such subm… | |||||
| 46:46:9.0.1.3.23.0.1.6 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.6 Information demands and subpoenas. | FMC | [54 FR 11533, Mar. 21, 1989. Redesignated at 64 FR 8010, Feb. 18, 1999, and amended at 67 FR 39862, June 11, 2002] | (a) In furtherance of this part, the Commission may, by order, require any person (including any common carrier, shipper, shipper's association, ocean freight forwarder, or marine terminal operator, or any officer, receiver, trustee, lessee, agent or employee thereof) to file with the Commission any periodic or special report, answers to questions, documentary material, or other information which the Commission considers necessary or appropriate, and in the form and within the time prescribed by the Commission. Responses to such orders may be required by the Commission to be made under oath. (b) The Commission may issue subpoenas to compel the attendance and testimony of witnesses and the production of records or other evidence as it deems necessary and appropriate in conducting an investigation under § 555.5 of this part. (c) The Commission may, in its discretion, determine that any information submitted to it in response to a request (including a subpoena) under this section, or accompanying a petition under § 555.4, or voluntarily submitted by any person pursuant to § 555.5(c), shall not be disclosed to the public. To this end, persons submitting information for consideration in a proceeding or investigation under this part may indicate in writing any factors they wish the Commission to consider relevant to a decision on confidentiality under this section; however, such information will be advisory only, and the actual determination will be made by the Commission. In the event that a request for confidentiality is not accommodated, the person making the request will be so advised before any disclosure occurs. | |||||
| 46:46:9.0.1.3.23.0.1.7 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.7 Notification to Secretary of State. | FMC | [54 FR 11533, Mar. 21, 1989. Redesignated at 64 FR 8010, Feb. 18, 1999, and amended at 67 FR 39862, June 11, 2002] | Upon publication of a petition in the Federal Register, or on its own motion should it determine to initiate an investigation pursuant to § 555.5, the Commission will notify the Secretary of State of same, and may request action to seek resolution of the matter through diplomatic channels. The Commission may request the Secretary to report the results of such efforts at a specified time. | |||||
| 46:46:9.0.1.3.23.0.1.8 | 46 | Shipping | IV | C | 555 | PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES | § 555.8 Action against foreign carriers. | FMC | [54 FR 11533, Mar. 21, 1989. Redesignated and amended at 64 FR 8010, Feb. 18, 1999; 67 FR 39862, June 11, 2002; 74 FR 50733, Oct. 1, 2009] | (a) Whenever, after notice and opportunity for comment or hearing, the Commission determines that the conditions specified in § 555.3 of this part exist, the Commission shall take such action as it considers necessary and appropriate against any foreign carrier which it identifies as a contributing cause to, or whose government is a contributing cause to, such conditions, in order to offset such conditions. Such action may include, but is not limited to: (1) Limitations on sailings to and from United States ports or on the amount or type of cargo carried; (2) Suspension, in whole or in part, of any or all tariffs or service contracts, including the right of an ocean common carrier to use any or all tariffs or service contracts of conferences in United States trades of which it is a member for such period as the Commission specifies; (3) Suspension, in whole or in part, of the right of an ocean common carrier to operate under any agreement filed with the Commission, including agreements authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenues with other ocean common carriers; (4) Imposition of a charge, not to exceed $1,000,000 per voyage; (5) A request to the collector of customs at any 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 any vessel of a foreign carrier that is identified by the Commission under this section; (6) A request to 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 that is identified by the Commission under this section to any port or place in the United States or the navigable waters of the United States, or to detain any such vessel at the port or place in the United States from which it is about to depart for any other port or place in the United States; and (7) Any other action the Commission finds necessary and a… | |||||
| 49:49:6.1.2.3.28.1.7.1 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.1 Scope. | NHTSA | [64 FR 2861, Jan. 19, 1999] | This part establishes requirements for the temporary exemption by the National Highway Traffic Safety Administration (NHTSA) of certain motor vehicles from compliance with one or more Federal motor vehicle safety standards in accordance with 49 U.S.C. 30113, and of certain passenger motor vehicles from compliance with all or part of a Federal bumper standard in accordance with 49 U.S.C. 32502. | ||||
| 49:49:6.1.2.3.28.1.7.10 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.10 Availability for public inspection. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 46 FR 2064, Jan. 8, 1981; 48 FR 44081, Sept. 27, 1983; 63 FR 44173, Aug. 18, 1998; 64 FR 2862, Jan. 19, 1999] | (a) Information relevant to an application under this part, including the application and supporting data, memoranda of informal meetings with the applicant or any other interested person, and the grant or denial of the application, is available for public inspection, except as specified in paragraph (b) of this section, in Room PL-401 (Docket Management), 400 Seventh Street, SW., Washington, DC 20590. Copies of available information may be obtained, as provided in part 7 of the regulations of the Office of the Secretary of Transportation (49 CFR part 7). (b) Except for the release of confidential information authorized by part 512 of this chapter, information made available for inspection under paragraph (a) shall not include materials not relevant to the petition for which confidentiality is requested and granted in accordance with 49 U.S.C. 30166 and 30167 and section 552(b) of title 5 of the U.S.C.). | ||||
| 49:49:6.1.2.3.28.1.7.2 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.2 Purpose. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 64 FR 2861, Jan. 19, 1999] | (a) The purpose of this part is to provide a means by which manufacturers of motor vehicles may obtain temporary exemptions from Federal motor vehicle safety standards on the basis of substantial economic hardship, facilitation of the development of new motor vehicle safety or low-emission engine features, or existence of an equivalent overall level of motor vehicle safety. (b) The purpose of this part is also to provide a means by which manufacturers of passenger motor vehicles may obtain a temporary exemption from compliance with all or part of a Federal bumper standard issued under part 581 of this chapter on a basis similar to that provided for exemptions from the Federal motor vehicle safety standards. | ||||
| 49:49:6.1.2.3.28.1.7.3 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.3 Application. | NHTSA | [64 FR 2861, Jan. 19, 1999] | This part applies to manufacturers of motor vehicles and passenger motor vehicles. | ||||
| 49:49:6.1.2.3.28.1.7.4 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.4 Definitions. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 64 FR 2861, Jan. 19, 1999] | Administrator means the National Highway Traffic Safety Administrator or his delegate. Passenger motor vehicle means a motor vehicle with motive power designed to carry not more than 12 individuals, but does not include a truck not designed primarily to carry its operator or passengers, or a motorcycle. United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa. | ||||
| 49:49:6.1.2.3.28.1.7.5 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.5 Application for exemption. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974; 46 FR 2063, Jan. 8, 1981; 63 FR 44173, Aug. 18, 1998; 64 FR 2861, Jan. 19, 1999; 70 FR 7429, Feb. 14, 2005] | (a) A manufacturer of motor vehicles or passenger motor vehicles may apply to NHTSA for a temporary exemption from any Federal motor vehicle safety or bumper standard or for a renewal of any exemption on the bases of substantial economic hardship, making easier the development or field evaluation of new motor vehicle safety or impact protection, or low-emission vehicle features, or that compliance with a standard would prevent it from selling a vehicle with an overall level of safety or impact protection at least equal to that of nonexempted vehicles. (b) Each application filed under this part for an exemption or its renewal must— (1) Be written in the English language; (2) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590; (3) State the full name and address of the applicant, the nature of its organization (individual, partnership, corporation, etc.) and the name of the State or country under the laws of which it is organized; (4) State the number and title, and the text or substance of the standard or portion thereof from which the temporary exemption is sought, and the length of time desired for such exemption; (5) Set forth the basis for the application and the information required by § 555.6(a), (b), (c), or (d) as appropriate. (6) Specify any part of the information and data submitted which petitioner requests be withheld from public disclosure in accordance with part 512 of this chapter. (i) The information and data which petitioner requests be withheld from public disclosure must be submitted in accordance with § 512.4 of this chapter. (ii) The petitioner's request for withholding from public disclosure must be accompanied by a certification in support as set forth in appendix A to part 512 of this chapter. (7) Set forth the reasons why the granting of the exemption would be in the public interest, and, as applicable, consistent with the objectives of 49 U.S.C. Chapter 301 or Chapter 325. (c) The knowing and willful submission o… | ||||
| 49:49:6.1.2.3.28.1.7.6 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.6 Basis for application. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974; 63 FR 44173, Aug. 18, 1998; 64 FR 2861, Jan. 19, 1999] | (a) If the basis of the application is that compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith, the applicant shall provide the following information: (1) Engineering and financial information demonstrating in detail how compliance or failure to obtain an exemption would cause substantial economic hardship, including— (i) A list or description of each item of motor vehicle equipment that would have to be modified in order to achieve compliance; (ii) The itemized estimated cost to modify each such item of motor vehicle equipment if compliance were to be achieved— (A) As soon as possible, (B) At the end of a 1-year exemption period (if the petition is for 1 year or more), (C) At the end of a 2-year exemption period (if the petition is for 2 years or more), (D) At the end of a 3-year exemption period (if the petition is for 3 years), (iii) The estimated price increase per vehicle to balance the total costs incurred pursuant to paragraph (a)(1)(ii) of this section and a statement of the anticipated effect of each such price increase; (iv) Corporate balance sheets and income statements for the three fiscal years immediately preceding the filing of the application; (v) Projected balance sheet and income statement for the fiscal year following a denial of the application; and (vi) A discussion of any other hardships (e.g., loss of market, difficulty of obtaining goods and services for compliance) that the petitioner desires the agency to consider. (2) A description of its efforts to comply with the standards, including— (i) A chronological analysis of such efforts showing its relationship to the rule making history of the standard from which exemption is sought; (ii) A discussion of alternate means of compliance considered and the reasons for rejection of each; (iii) A discussion of any other factors (e.g., the resources available to the petitioner, inability to procure goods and services necessary for complianc… | ||||
| 49:49:6.1.2.3.28.1.7.7 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.7 Processing of applications. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 5489, Feb. 13, 1974; 39 FR 37988, Oct. 25, 1974; 64 FR 2861, 2862, Jan. 19, 1999; 83 FR 66160, Dec. 26, 2018] | (a) The agency publishes a notice of the application in the Federal Register, affording opportunity for comment. (b) No public hearing, argument, or other formal proceeding is held directly on an application filed under this part before its disposition under this section. (c) Any interested person may, upon written request, appear informally before an appropriate official of the NHTSA to discuss an application for exemption or the action taken in response to a petition. (d) If the Administrator determines that the application does not contain adequate justification, he denies it and notifies the petitioner in writing. He also publishes in the Federal Register a notice of the denial and the reasons for it. (e) If the Administrator determines that the application contains adequate justification, he grants it, and notifies the petitioner in writing. He also publishes in the Federal Register a notice of the grant and the reasons for it. (f) Unless a later effective date is specified in the notice of the grant, a temporary exemption is effective upon publication of the notice in the Federal Register and exempts vehicles manufactured on and after the effective date. | ||||
| 49:49:6.1.2.3.28.1.7.8 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.8 Termination of temporary exemptions. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 39 FR 37989, Oct. 25, 1974; 40 FR 42015, Sept. 10, 1975; 64 FR 2861, Jan. 19, 1999] | (a) A temporary exemption from a standard granted on the basis of substantial economic hardship terminates according to its terms but not later than 3 years after the date of issuance unless terminated sooner pursuant to paragraph (d) of this section. (b) A temporary exemption from a standard granted on a basis other than substantial economic hardship terminates according to its terms but not later than 2 years after the date of issuance unless terminated sooner pursuant to paragraph (d) of this section. (c) Any interested person may petition for the termination or modification of an exemption granted under this part. The petition will be processed in accordance with the procedures of part 552 of this chapter. (d) The Administrator terminates or modifies a temporary exemption if he determines that— (1) The temporary exemption is no longer consistent with the public interest and the objectives of the Act; or (2) The temporary exemption was granted on the basis of false, fraudulent, or misleading representations or information. (e) If an application for renewal of a temporary exemption that meets the requirements of § 555.5 has been filed not later than 60 days before the termination date of an exemption, the exemption does not terminate until the Administrator grants or denies the application for renewal. (f) The Administrator publishes in the Federal Register a notice of: (1) An application for termination or modification of an exemption and the action taken in response to it; and (2) Any termination or modification of an exemption pursuant to the Administrator's own motion. | ||||
| 49:49:6.1.2.3.28.1.7.9 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | A | Subpart A—General | § 555.9 Temporary exemption labels. | NHTSA | [38 FR 2694, Jan. 29, 1973, as amended at 50 FR 10772, Mar. 18, 1985; 60 FR 1750, Jan. 5, 1995] | A manufacturer of an exempted vehicle shall— (a) Submit to the Administrator, within 30 days after receiving notification of the grant of an exemption, a sample of the certification label required by part 567 of this chapter and paragraph (c) of this section; (b) Affix securely to the windshield or side window of each exempted vehicle a label in the English language containing the statement required by paragraph (c)(1) or (2) of this section, and with the words “Shown above” omitted. (c) Meet all applicable requirements of part 567 of this chapter, except that— (1) The statement required by § 567.4(g)(5) of this chapter shall end with the phrase “except for Standards Nos. [listing the standards by number and title for which an exemption has been granted] exempted pursuant to NHTSA Exemption No. ________________.” (2) Instead of the statement required by § 567.5(c)(7)(iii), the following statement shall appear: THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY (AND BUMPER) STANDARDS IN EFFECT IN [Month, Year] EXCEPT FOR STANDARD NOS. [Listing the standards by number and title for which an exemption has been granted] EXEMPTED PURSUANT TO NHTSA EXEMPTION NO. ____________. THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY (AND BUMPER) STANDARDS IN EFFECT IN [Month, Year] EXCEPT FOR STANDARD NOS. [Listing the standards by number and title for which an exemption has been granted] EXEMPTED PURSUANT TO NHTSA EXEMPTION NO. ____________. | ||||
| 49:49:6.1.2.3.28.2.7.1 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.11 Application. | NHTSA | [71 FR 28196, May 15, 2006] | This subpart applies to alterers and manufacturers of motor vehicles built in two or more stages to which one or more standards are applicable. No manufacturer or alterer that produces or alters a total exceeding 10,000 motor vehicles annually shall be eligible for a temporary exemption under this subpart. Any exemption granted under this subpart shall be limited, per manufacturer, to 2,500 vehicles to be sold in the United States in any 12 consecutive month period. Incomplete vehicle manufacturers and intermediate manufacturers that do not intend to certify the vehicles in accordance with 49 CFR 567.5(f) or (g), and instead furnish Incomplete Vehicle Documents to final-stage manufacturers in accordance with 49 CFR 568.4 or 49 CFR 568.5, are not eligible for temporary exemptions under this subpart. | |||||
| 49:49:6.1.2.3.28.2.7.2 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.12 Petition for exemption. | NHTSA | [71 FR 28196, May 15, 2006] | An alterer; an incomplete vehicle manufacturer intending to certify the vehicle in accordance with 49 CFR 567.5(f); an intermediate manufacturer intending to certify the vehicle in accordance with 49 CFR 567.5(g); a final-stage manufacturer; or an industry trade association representing a group of alterers, incomplete vehicle manufacturers, intermediate manufacturers and/or final-stage manufacturers may seek, as to any vehicle configuration altered and/or built in two or more stages, a temporary exemption or a renewal of a temporary exemption from any performance requirement for which a Federal motor vehicle safety standard specifies the use of a dynamic test procedure to determine compliance. Each petition for an exemption under this section must be submitted to NHTSA and must: (a) Be written in the English language; (b) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 20590; (c) State the full name and address of the applicant, the nature of its organization (e.g., individual, partnership, corporation, or trade association), the name of the State or country under the laws of which it is organized, and the name of each alterer, incomplete vehicle manufacturer, intermediate manufacturer and/or final-stage manufacturer for which the exemption is sought; (d) State the number, title, paragraph designation, and the text or substance of the portion(s) of the standard(s) from which the exemption is sought; (e) Describe by type and use each vehicle configuration (or range of vehicle configurations) for which the exemption is sought; (f) State the estimated number of units of each vehicle configuration to be produced annually by each of the manufacturer(s) for whom the exemption is sought; (g) Specify any part of the information and data submitted that the petitioner requests be withheld from public disclosure in accordance with part 512 of this chapter, as provided by § 555.5(b)(6). (1) The information and data which petitioner r… | |||||
| 49:49:6.1.2.3.28.2.7.3 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.13 Basis for petition. | NHTSA | [71 FR 28196, May 15, 2006] | The petition shall: (a) Discuss any factors (e.g., demand for the vehicle configuration, loss of market, difficulty in procuring goods and services necessary to conduct dynamic tests) that the applicant desires NHTSA to consider in deciding whether to grant the application based on economic hardship. (b) Explain the grounds on which the applicant asserts that the application of the dynamic test requirements of the standard(s) in question to the vehicles covered by the application would cause substantial economic hardship to each of the manufacturers on whose behalf the application is filed, providing a complete financial statement for each manufacturer and a complete description of each manufacturer's good faith efforts to comply with the standards, including a discussion of: (1) The extent that no Type (1) or Type (2) statement with respect to such standard is available in the incomplete vehicle document furnished, per part 568 of this chapter, by the incomplete vehicle manufacturer or by a prior intermediate-stage manufacturer or why, if one is available, it cannot be followed; (2) A description of the incomplete vehicle to be used to manufacture the vehicle(s) subject to the petition. This description must identify the manufacturer of the incomplete vehicle, state the incomplete vehicle's GVWR, and provide other available specifications; (3) The availability of alternative incomplete vehicles, including incomplete vehicles of different size, GVWR, and number of axles, from the same and other incomplete vehicle manufacturers, that could allow the petitioner to rely on Incomplete Vehicle Documents when certifying the completed vehicle, instead of petitioning under this subpart; (4) The existence, or lack thereof, of generic or cooperative testing that would provide a basis for demonstrating compliance with the standard(s); and (c) Explain why the requested temporary exemption would not unreasonably degrade safety. | |||||
| 49:49:6.1.2.3.28.2.7.4 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.14 Processing of petitions. | NHTSA | The Administrator shall notify the petitioner whether the petition is complete within 30 days of receipt. The Administrator shall attempt to approve or deny any complete petition submitted under this subpart within 120 days after the agency acknowledges that the application is complete. Upon good cause shown, the Administrator may review a petition on an expedited basis. | ||||||
| 49:49:6.1.2.3.28.2.7.5 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.15 Time period for exemptions. | NHTSA | Subject to § 555.16, each temporary exemption granted by the Administrator under this subpart shall be in effect for a period of three years from the effective date. The Administrator shall identify each exemption by a unique number. | ||||||
| 49:49:6.1.2.3.28.2.7.6 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.16 Renewal of exemptions. | NHTSA | An alterer, intermediate or final-stage manufacturer or a trade association representing a group of alterers or, intermediate and/or final-stage manufacturers may apply for a renewal of a temporary exemption. Any such renewal petition shall be filed at least 60 days prior to the termination date of the existing exemption and shall include all the information required in an initial petition. If a petition for renewal of a temporary exemption that meets the requirements of this subpart has been filed not later than 60 days before the termination date of an exemption, the exemption does not terminate until the Administrator grants or denies the petition for renewal. | ||||||
| 49:49:6.1.2.3.28.2.7.7 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.17 Termination of temporary exemptions. | NHTSA | The Administrator may terminate or modify a temporary exemption if (s)he determines that: (a) The temporary exemption was granted on the basis of false, fraudulent, or misleading representations or information; or (b) The temporary exemption is no longer consistent with the public interest and the objectives of the Act. | ||||||
| 49:49:6.1.2.3.28.2.7.8 | 49 | Transportation | V | 555 | PART 555—TEMPORARY EXEMPTION FROM MOTOR VEHICLE SAFETY AND BUMPER STANDARDS | B | § 555.18 Temporary exemption labels. | NHTSA | An alterer or final-stage manufacturer of a vehicle that is covered by one or more exemptions issued under this sub-part shall affix a label that meets meet all the requirements of 49 CFR 555.9. | ||||||
| 9:9:2.0.2.5.64.0.40.1 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.1 Transportation of fish products. | FSIS | (a) No person may sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any fish or fish product that is capable of being used as human food and is adulterated or fails to bear an official inspection legend or is otherwise misbranded at the time of such sale, transportation, offer or receipt, except otherwise provided in this paragraph or in part 557 of this subchapter. (b) No person, engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, fish products capable of use as human food, or importing such articles, shall transport, offer for transportation, or receive for transportation, in commerce or in any State designated under § 560.3 of this subchapter, any fish product which is capable of use as human food and is not wrapped, packaged, or otherwise enclosed to prevent adulteration by airborne contaminants, unless the railroad car, truck, or other means of conveyance in which the product is contained or transported is completely enclosed with tight fitting doors or other covers for all openings. In all cases, the means of conveyance shall be reasonably free of foreign matter (such as dust, dirt, rust, or other articles or residues), and free of chemical residues, so that product placed therein will not become adulterated. (c) Any cleaning compound, lye, soda solution, or other chemical used in cleaning the means of conveyance must be thoroughly removed from the means of conveyance prior to its use. Such means of conveyance onto which product is loaded, being loaded, or intended to be loaded, shall be subject to inspection by an inspector at any official establishment. (d) The decision whether or not to inspect a means of conveyance in a specific case, and the type and extent of such inspection shall be at the Agency's discretion and shall be adequate to determine if fish product in such conveyance is, or when moved could become, adulterated. (e) Circumstances of transport that can be reasonably anticipated shall be considere… | ||||||
| 9:9:2.0.2.5.64.0.40.10 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.10 Provisions inapplicable to specimens for laboratory examination, etc., or to naturally inedible articles. | FSIS | The provisions of this part do not apply: (a) To specimens of product sent to or by the Department of Agriculture or divisions thereof in Washington, DC, or elsewhere, for laboratory examination, exhibition purposes, or other official use; (b) To material released for educational, research, and other nonfood purposes, as prescribed in § 540.2 of this subchapter; (c) To tissues for use in preparing pharmaceutical, organotherapeutic, or technical products and not used for human food, as described in § 540.2 of this subchapter; (d) To material or specimens of product for laboratory examination, research, or other nonhuman food purposes, when authorized by the Administrator, and under conditions prescribed by him in specific cases; and (e) To articles that are naturally inedible by humans. | ||||||
| 9:9:2.0.2.5.64.0.40.11 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.11 Transportation and other transactions concerning dead, dying, or diseased fish, and fish or parts of fish that died otherwise than by slaughter. | FSIS | No person engaged in the business of buying, selling, or transporting in commerce, or importing any dead, dying, or diseased fish or parts of fish that died otherwise than by slaughter shall: (a) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any dead, dying, or diseased fish or parts of fish that died otherwise than by slaughter, unless the fish and parts are consigned and delivered, without avoidable delay, to establishments of animal food manufacturers, renderers, or collection stations that are registered as required by part 550 of this subchapter, or to official establishments that operate under Federal inspection, or to establishments that operate under a State or Territorial inspection system approved by FSIS as one that imposes requirements at least equal to the Federal requirements for purposes of section 301(c) of the Act; (b) Buy in commerce or import any dead, dying, or diseased fish or parts of fish that died otherwise than by slaughter, unless he is an animal food manufacturer or renderer and is registered as required by part 550 of this subchapter, or is the operator of an establishment inspected as required by paragraph (a) of this section and such fish or parts of fish are to be delivered to establishments eligible to receive them under paragraph (a) of this section; (c) Unload en route to any establishment eligible to receive them under paragraph (a) of this section, any dead, dying, or diseased fish or parts of fish that died otherwise than by slaughter, which are transported in commerce or imported by any such person: Provided, That any such dead, dying, or diseased fish, or parts of fish may be unloaded from a means of conveyance en route where necessary in case of a wreck or otherwise extraordinary emergency, and may be reloaded into another means of conveyance; but in all such cases, the carrier must immediately report the facts by telephone or other electrical or electronic means to the Office of Investigation, Enforcement and Audit, Foo… | ||||||
| 9:9:2.0.2.5.64.0.40.12 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.12 Means of conveyance in which dead, dying, or diseased fish or parts of fish must be transported. | FSIS | All vehicles and other means of conveyance used by persons subject to § 555.11 for transporting in commerce or importing, any dead, dying, or diseased fish or parts of fish that died otherwise by slaughter must be leak proof and so constructed and equipped as to permit thorough cleaning and sanitizing. The means of conveyance used in conveying the fish or parts of fish must be cleaned and disinfected before being used in the transportation of any product intended for use as human food. The cleaning procedure must include the complete removal from the means of conveyance of any fluid, parts, or product of dead, dying, or diseased fish and the thorough application of a disinfectant approved by the Administrator to the interior surfaces of the cargo space. | ||||||
| 9:9:2.0.2.5.64.0.40.2 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.2 Fish product transported within the United States as part of export movement. | FSIS | When any shipment of any fish product is offered to any carrier for transportation within the United States as a part of an export movement, the same certificate shall be required as if the shipment were destined to a point within the United States. | ||||||
| 9:9:2.0.2.5.64.0.40.3 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.3 Unmarked, inspected fish product transported under official seal between official establishments for further processing; certificate. | FSIS | The requirements governing transportation of fish product that has been inspected and passed, but not so marked, from one official establishment to another official establishment are the same as those in § 325.5 of this chapter that apply to unmarked inspected meat products. | ||||||
| 9:9:2.0.2.5.64.0.40.4 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.4 Handling of fish products that may have become adulterated. | FSIS | The provisions of § 325.10 of this chapter regarding the handling of products that may have become adulterated or misbranded apply to fish and fish products. | ||||||
| 9:9:2.0.2.5.64.0.40.5 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.5 Transportation of inedible fish product in commerce. | FSIS | The provisions in § 325.11(e) of this chapter regarding the transportation of inedible livestock products apply to the transportation of inedible fish parts or products. | ||||||
| 9:9:2.0.2.5.64.0.40.6 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.6 Certificates. | FSIS | The provisions in § 325.14 of this chapter regarding the filing of original certificates of unmarked inspected meat products delivered to carriers applies with respect to fish and fish products. | ||||||
| 9:9:2.0.2.5.64.0.40.7 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.7 Official seals; forms, use, and breaking. | FSIS | The official seals required by this part are those prescribed in § 541.3 and § 312.5 of this chapter. | ||||||
| 9:9:2.0.2.5.64.0.40.8 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.8 Loading or unloading of fish products in sealed transport conveyances. | FSIS | The requirements in 9 CFR 325.17 governing the unloading of any meat or meat food product from an officially sealed railroad car, truck, or other means of conveyance containing any unmarked product or loading any means of conveyance after the product leaves an official establishment are applicable to fish and fish products. | ||||||
| 9:9:2.0.2.5.64.0.40.9 | 9 | Animals and Animal Products | III | F | 555 | PART 555—TRANSPORTATION OF FISH PRODUCTS IN COMMERCE | § 555.9 Diverting of shipments. | FSIS | (a) Shipments of inspected and passed fish products that bear the inspection legend may be diverted from the original destination without a reinspection of the articles if the waybills, transfer bills, running slips, conductor's card, or other papers accompanying the shipments are marked, stamped, or have attached thereto signed statements in accordance with § 325.15 of this chapter. (b) In case of a wreck or similar extraordinary emergency, the Department seals on a railroad car or other means of conveyance containing any inspected and passed product may be broken by the carrier, and if necessary, the articles may be reloaded into another means of conveyance, or the shipment may be diverted from the original destination, without another shipper's certificate; but in all such cases the carrier must immediately report the facts by telephone or telegraph to the District Manager in the area in which the emergency occurs. The report must include the following information: (1) Nature of the emergency. (2) Place where seals were broken. (3) Original points of shipment and destination. (4) Number and initial of the original car or truck. (5) Number and initials of the car or truck into which the articles are reloaded. (6) New destination of the shipment. (7) Kind and amount of articles. |
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