cfr_sections
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39 rows where part_number = 580 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.1.2.7.0.1.1 | 10 | Energy | II | G | 580 | PART 580—CURTAILMENT PRIORITIES FOR ESSENTIAL AGRICULTURAL USES | § 580.01 Purpose. | DOE | The purpose of this part is to implement the authority granted to the Secretary of Energy in section 401 of the Natural Gas Policy Act of 1978, Public Law 95-621, 92 Stat. 3394-3395 (1978). | ||||||
| 10:10:5.0.1.2.7.0.1.2 | 10 | Energy | II | G | 580 | PART 580—CURTAILMENT PRIORITIES FOR ESSENTIAL AGRICULTURAL USES | § 580.02 Definitions. | DOE | (a) Terms defined in section 2 of the Natural Gas Policy Act of 1978 shall have the same meaning, as applicable, for purposes of this part, unless further defined in paragraph (b) of this section. (b) The following definitions are applicable to this part: (1) Commercial establishment means any establishment, (including institutions and local, state and federal government agencies) engaged primarily in the sale of goods or services, where natural gas is used for purposes other than those involving manufacturing or electric power generation. (2) Essential agricultural use means any use of natural gas: (i) For agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying; or (ii) As a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food which the Secretary of Agriculture determines is necessary for full food and fiber production. (3) Essential agricultural user means any person who uses natural gas for an essential agricultural use as defined in paragraph (b)(2) of this section. (4) Hospital means a facility whose primary function is delivering medical care to patients who remain at the facility, including nursing and convalescent homes. Outpatient clinics or doctors' offices are not included in this definition. (5) High-priority use means any use of natural gas by a high-priority user as defined in paragraph (a)(6) of this section. (6) High-priority user means, in no specific order, any person who uses natural gas: (i) In a residence, or (ii) In a commercial establishment in amounts of less than 50 Mcf on a peak day; or (iii) In any school or hospital; or (iv) For minimum plant protection when operations are shut down, for police protection, for fire protection, in a sanitation facility, in a correctional facility, or for emergency situations pursuant to 18 CFR 2.78(a)(4). (7) Interstate pipeline means any person engaged in natural gas transportatio… | ||||||
| 10:10:5.0.1.2.7.0.1.3 | 10 | Energy | II | G | 580 | PART 580—CURTAILMENT PRIORITIES FOR ESSENTIAL AGRICULTURAL USES | § 580.03 Curtailment priorities. | DOE | (a) Notwithstanding any provision of law other than section 401(b) of the Natural Gas Policy Act of 1978, or any other rule, regulation, or order of the Department of Energy, the Federal Energy Regulatory Commission or their predecessor agencies, and to the maximum extent practicable, no curtailment plan of an interstate pipeline may provide for curtailment of deliveries of natural gas for any essential agricultural use, unless: (1) Such curtailment does not reduce the quantity of natural gas delivered for such use below the use requirement certified by the Secretary of Agriculture under section 401(c) of the Natural Gas Policy Act of 1978 in order to meet the requirements of full food and fiber production; or (2) Such curtailment is necessary in order to meet the requirements of high-priority users; or (3) The Federal Energy Regulatory Commission, in consultation with the Secretary of Agriculture, determines, by rule or order issued pursuant to section 401(b) of the Natural Gas Policy Act of 1978, that use of a fuel (other than natural gas) is economically practicable and that the fuel is reasonably available as an alternative for such essential agricultural use. (b) Any essential agricultural user who also qualifies as a high-priority user shall be a high-priority user for purposes of paragraph (a) of this section. (c) The specific relative order of priority for all uses and users of natural gas, including high-priority and essential agricultural uses and users, shall remain as reflected in effective curtailment plans of interstate pipelines filed with the Federal Energy Regulatory Commission to the extent that the relative order of priorities does not conflict with paragraph (a) of this section. (d) Nothing in this rule shall prohibit the injection of natural gas into storage by interstate pipelines or deliveries to its customers for their injection into storage unless it is demonstrated to the Federal Energy Regulatory Commission that these injections or deliveries are not reasonably necessary to meet t… | ||||||
| 10:10:5.0.1.2.7.0.1.4 | 10 | Energy | II | G | 580 | PART 580—CURTAILMENT PRIORITIES FOR ESSENTIAL AGRICULTURAL USES | § 580.04 Administrative procedures. [Reserved] | DOE | |||||||
| 29:29:3.1.1.1.35.0.139.1 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.1 Definitions. | DOL-WHD | [56 FR 24991, May 31, 1991, as amended at 82 FR 2230, Jan. 9, 2017] | As used in this part: Act means the Fair Labor Standards Act of 1938, as amended (52 Stat. 1060 as amended; 29 U.S.C. 201 et seq. ). Administrative law judge means a person appointed as provided in 5 U.S.C. 3105 and subpart B of part 930 of title 5 of the CFR, and qualified to preside at hearings under 5 U.S.C. 554-557. Administrator means the Administrator of the Wage and Hour Division, U.S. Department of Labor, and includes any official of the Wage and Hour Division authorized by the Administrator to perform any of the functions of the Administrator under this part and parts 578 and 579 of this chapter. Chief Administrative Law Judge means the Chief Administrative Law Judge, Office of the Administrative Law Judges, U.S. Department of Labor, Washington, DC 20210. Department means the U.S. Department of Labor. Person includes any individual, partnership, corporation, association, business trust, legal representative, or organized group of persons. Secretary means the Secretary of Labor, U.S. Department of Labor, or a designated representative of the Secretary. Solicitor of Labor means the Solicitor, U.S. Department of Labor, and includes attorneys of the Office of the Solicitor authorized by the Solicitor to perform functions of the Solicitor under this part. | |||||
| 29:29:3.1.1.1.35.0.139.2 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.2 Applicability of procedures and rules. | DOL-WHD | [56 FR 24991, May 31, 1991, as amended at 86 FR 52987, Sept. 24, 2021] | The procedures and rules contained in this part prescribe the administrative process for assessment of civil money penalties for any violation of the child labor provisions at section 12 of the Act and any regulation thereunder as set forth in part 579 of this chapter, and for assessment of civil money penalties for any violation of the tip retention provisions of section 3(m)(2)(B) or any repeated or willful violation of the minimum wage provisions of section 6 or the overtime provisions of section 7 of the Act or the regulations thereunder set forth in 29 CFR subtitle B, chapter V. The substantive requirements for assessment of civil money penalties are set forth at 29 CFR part 579 (child labor) and part 578 (minimum wage and overtime). | |||||
| 29:29:3.1.1.1.35.0.139.3 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.3 Written notice of determination required. | DOL-WHD | [56 FR 24991, May 31, 1991, as amended at 86 FR 52987, Sept. 24, 2021] | Whenever the Administrator determines that there has been a violation by any person of section 12 of the Act relating to child labor or any regulation thereunder as set forth in part 579 of this chapter, or determines that there has been a violation by any person of section 3(m)(2)(B), or determines that there has been a repeated or willful violation by any person of section 6 or section 7 of the Act, and determines that imposition of a civil money penalty for such violation is appropriate, the Administrator shall issue and serve a notice of such penalty on such person in person or by certified mail. Where service by certified mail is not accepted by the party, notice shall be deemed received on the date of attempted delivery. Where service is not accepted, the Administrator may exercise discretion to serve the notice by regular mail. | |||||
| 29:29:3.1.1.1.35.0.139.4 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.4 Contents of notice. | DOL-WHD | The notice required by § 580.3 of this part shall: (a) Set forth the determination of the Administrator as to the amount of the penalty and the reason or reasons therefor; (b) Set forth the right to take exception to the assessment of penalties and set forth the right to request a hearing on such determination; (c) Inform any affected person or persons that in the absence of a timely exception to a determination of penalty and a request for a hearing received within 15 days of the date of receipt of the notice, the determination of the Administrator shall become final and unappealable; and (d) Set forth the time and method for taking exception to the determination and requesting a hearing, and the procedures relating thereto, as set forth in § 580.6 of this part. | ||||||
| 29:29:3.1.1.1.35.0.139.5 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.5 Finality of notice. | DOL-WHD | [69 FR 75405, Dec. 16, 2004] | If the person charged with violations does not, within 15 days after receipt of the notice, take exception to the determination that the violation or violations for which the penalty is imposed occurred, the administrative determination by the Administrator of the amount of such penalty shall be deemed final and not subject to administrative or judicial review. Upon the determination becoming final in such a manner, collection and recovery of the penalty shall be instituted pursuant to § 580.18. | |||||
| 29:29:3.1.1.1.35.0.139.6 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.6 Exception to determination of penalty and request for hearing. | DOL-WHD | [56 FR 24991, May 31, 1991, as amended at 60 FR 17222, Apr. 5, 1995; 69 FR 75405, Dec. 16, 2004] | (a) Any person desiring to take exception to the determination of penalty, or to seek judicial review, shall request an administrative hearing pursuant to this part. The exception shall be in writing to the official who issued the determination at the Wage and Hour Division address appearing on the determination notice, and must be received no later than 15 days after the date of receipt of the notice referred to in § 580.3. No additional time shall be added where service of the determination of penalties or of the exception thereto is made by mail. If such a request for an administrative hearing is timely filed, the Administrator's determination shall be inoperative unless and until the case is dismissed or the Administrative Law Judge issues a decision affirming the determination. (b) No particular form is prescribed for any exception to determination of penalty and request for hearing permitted by this part. However, any such request shall: (1) Be dated; (2) Be typewritten or legibly written; (3) Specify the issue(s) stated in the notice of determination giving rise to such request; (4) State the specific reason(s) why the person requesting the hearing believes such determination is in error; (5) Be signed by the person making the request or by an authorized representative of such person; and (6) Include the address at which such person or authorized representative desires to receive further communications relating thereto. | |||||
| 29:29:3.1.1.1.35.0.139.7 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.7 General. | DOL-WHD | (a) Except as specifically provided in this subpart, and to the extent they do not conflict with the provisions of this subpart, the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges established by the Secretary at 29 CFR part 18 shall apply to administrative proceedings under this subpart. (b) Subpart B of the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges (29 CFR part 18, subpart B) shall apply except as follows: Notwithstanding the provisions of subpart B, including the hearsay rule (§ 18.802), testimony of current or former Department of Labor employees concerning information obtained in the course of investigations and conclusions thereon, as well as any documents contained in Department of Labor files (other than the investigation file concerning the violation(s) as to which the penalty in litigation has been assessed), shall be admissible in proceedings under this subpart. Nothing in this paragraph is intended to limit the admissibility of any evidence which is otherwise admissible under 29 CFR part 18, subpart B. | ||||||
| 29:29:3.1.1.1.35.0.139.8 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.8 Service and computation of time. | DOL-WHD | [56 FR 24991, May 31, 1991, as amended at 86 FR 1787, an. 11, 2021] | (a) Service of documents under this subpart shall be made to the individual, an officer of a corporation, or attorney of record in accordance with 29 CFR part 18. (b) Two (2) copies of all pleadings and other documents required for any administrative proceeding provided by this subpart shall be served on the attorneys for the Department of Labor. One copy shall be served on the Associate Solicitor, Division of Fair Labor Standards, Office of the Solicitor, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, and one copy on the attorney representing the Department in the proceeding. (c) Time will be computed in accordance with part 18. | |||||
| 29:29:3.1.1.1.35.0.139.9 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.9 Commencement of proceeding. | DOL-WHD | Each administrative proceeding permitted under the Act and these regulations shall be commenced upon receipt of a timely request for hearing filed in accordance with § 580.6 of this subpart. | ||||||
| 29:29:3.1.1.1.35.0.140.10 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.10 Referral to Administrative Law Judge. | DOL-WHD | (a) Upon receipt of a timely exception to a determination of penalties and request for a hearing filed pursuant to and in accordance with § 580.6 of this subpart, the Administrator, by the Associate Solicitor for the Division of Fair Labor Standards or by the Regional Solicitor for the Region in which the action arose, shall, by Order of Reference, refer the matter to the Chief Administrative Law Judge, for a determination in an administrative proceeding as provided herein. A copy of the notice of administrative determination and of the request for hearing shall be attached to the Order of Reference and shall, respectively, be given the effect of a complaint and answer thereto for purposes of the administrative proceeding, subject to any amendment that may be permitted under this subpart and 29 CFR part 18. (b) A copy of the Order of Reference and attachments thereto, together with a copy of this part, shall be served by counsel for the Administrator upon the person requesting the hearing, in the manner provided in § 580.8 of this subpart. | ||||||
| 29:29:3.1.1.1.35.0.140.11 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.11 Appointment of Administrative Law Judge and notification of prehearing conference and hearing date. | DOL-WHD | Upon receipt from the Administrator of an Order of Reference, the Chief Administrative Law Judge shall appoint an Administrative Law Judge to hear the case. The Administrative Law Judge shall notify all interested parties of the time and place of a prehearing conference and of the hearing. | ||||||
| 29:29:3.1.1.1.35.0.140.12 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.12 Decision and Order of Administrative Law Judge. | DOL-WHD | [56 FR 24991, May 31, 1991, as amended at 86 FR 52987, Sept. 24, 2021] | (a) The Administrative Law Judge shall render a decision on the issues referred by the Administrator. (b) The decision of the Administrative Law Judge shall be limited to a determination of whether the respondent has committed a violation of section 12, a violation of section 3(m)(2)(B), or a repeated or willful violation of section 6 or section 7 of the Act, and the appropriateness of the penalty assessed by the Administrator. The Administrative Law Judge shall not render determinations on the legality of a regulatory provision or the constitutionality of a statutory provision. (c) The decision of the Administrative Law Judge shall include a statement of findings and conclusions, with reasons and basis therefor, upon each material issue presented on the record. The decision shall also include an appropriate order which may affirm, deny, reverse, or modify, in whole or in part, the determination of the Administrator. (d) The Administrative Law Judge shall serve copies of the decision on each of the parties. (e) The decision of the Administrative Law Judge shall constitute the final order of the Secretary unless, pursuant to § 580.13 of this part, there is an appeal to the Secretary. | |||||
| 29:29:3.1.1.1.35.0.140.13 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.13 Procedures for appeals to the Administrative Review Board. | DOL-WHD | [69 FR 75405, Dec. 16, 2004, as amended at 86 FR 1787, Jan. 11, 2021] | (a) Any party desiring review of a decision of the Administrative Law Judge, including judicial review, must file a petition for review with the Department's Administrative Review Board (Board). To be effective, such petition must be received by the Board within 30 days of the date of the decision of the Administrative Law Judge. Copies of the appeal shall be served on all parties and on the Chief Administrative Law Judge. If such a petition for review is timely filed, the decision of the Administrative Law Judge shall be inoperative unless and until the Board dismisses the appeal or issues a decision affirming the decision of the Administrative Law Judge. (b) All documents submitted to the Board shall be filed with the Administrative Review Board in accordance with 29 CFR part 26. (c) Documents are not deemed filed with the Board until actually received by the Board, either on or before the due date. No additional time shall be added where service of a document requiring action within a prescribed time was made by mail. (d) A copy of each document filed with the Board shall be served upon all other parties involved in the proceeding in accordance with 29 CFR part 26. Service by mail is deemed effected at the time of mailing to the last known address of the party. | |||||
| 29:29:3.1.1.1.35.0.140.14 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.14 [Reserved] | DOL-WHD | |||||||
| 29:29:3.1.1.1.35.0.140.15 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.15 Responsibility of the Office of Administrative Law Judges for the administrative record. | DOL-WHD | Upon receipt of a petition seeking review of the Decision and Order of an Administrative Law Judge, the Chief Administrative Law Judge shall promptly forward a copy of the complete hearing record to the Secretary. | ||||||
| 29:29:3.1.1.1.35.0.140.16 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.16 Decision of the Administrative Review Board. | DOL-WHD | [86 FR 1787, Jan. 11, 2021] | The Board's decision shall be served upon all parties and the Chief Administrative Law Judge. | |||||
| 29:29:3.1.1.1.35.0.140.17 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.17 Retention of official record. | DOL-WHD | The official record of every completed administrative hearing provided by this part shall be maintained and filed under the custody and control of the Chief Administrative Law Judge. | ||||||
| 29:29:3.1.1.1.35.0.140.18 | 29 | Labor | V | A | 580 | PART 580—CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES | § 580.18 Collection and recovery of penalty. | DOL-WHD | [56 FR 24991, May 31, 1991, as amended at 69 FR 75406, Dec. 16, 2004; 84 FR 59931, Nov. 7, 2019; 86 FR 52987, Sept. 24, 2021] | (a) When the determination of the amount of any civil money penalty provided for in this part becomes final under § 580.5 in accordance with the administrative assessment thereof, or pursuant to the decision and order of an Administrative Law Judge in an administrative proceeding as provided in § 580.12, or the decision of the Board pursuant to § 580.16, the amount of the penalty as thus determined is immediately due and payable to the U.S. Department of Labor. The person assessed such penalty shall remit promptly the amount thereof, as finally determined, to the Secretary. Payment shall be made by certified check or money order made payable and delivered or mailed according to the instructions provided by the Department; through the electronic pay portal located at www.pay.gov or any successor system; or by any additional payment method deemed acceptable by the Department. (b) Pursuant to section 16(e) of the Act, the amount of the penalty, finally determined as provided in § 580.5, § 580.12 or § 580.16, may be: (1) Deducted from any sums owing by the United States to the person charged. To effect this, any agency having sums owing from the United States to such person shall, on the request of the Secretary, withhold the specific amount of the penalty from the sums owed to the person so charged and remit the amount to the Secretary to satisfy the amount of the penalty assessed; (2) Recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor. When the person against whom a final determination assessing a civil money penalty has been made does not voluntarily remit the amount of such penalty to the Secretary within a reasonable time after notification to do so, the Solicitor of Labor may institute such an action to recover the amount of the penalty; or (3) Ordered by the court, in an action brought for a violation of section 15(a)(4) or a repeated or willful violation of section 15(a)(2), to be p… | |||||
| 49:49:7.1.1.1.9.0.1.1 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.1 Scope. | NHTSA | [84 FR 52699, Oct. 2, 2019] | This part prescribes rules requiring transferors and lessees of motor vehicles to make electronic or written disclosure to transferees and lessors respectively, concerning the odometer mileage and its accuracy as directed by sections 408(a) and (e) of the Motor Vehicle Information and Cost Savings Act as amended, 49 U.S.C. 32705(a) and (c). In addition, this part prescribes the rules requiring the retention of odometer disclosure statements by motor vehicle dealers, distributors and lessors and the retention of certain other information by auction companies as directed by sections 408(g) and 414 of the Motor Vehicle Information and Cost Savings Act as amended, 49 U.S.C. 32706(d) and 32705(e). | ||||||
| 49:49:7.1.1.1.9.0.1.10 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.10 Application for assistance. | NHTSA | [53 FR 29476, Aug. 5, 1988, as amended at 84 FR 52702, Oct. 2, 2019] | (a) A State may apply to NHTSA for assistance in revising its laws to comply with the requirements of 408(d) (1) and (2) of the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. 1988(d) (1) and (2) and §§ 580.4 and 580.5 of this part. (b) Each application filed under section shall— (1) Be written in the English language; (2) Be submitted to the Office of Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, W41-326, Washington, DC 20590; (3) Include a copy of current motor vehicle titling and/or disclosure requirements in effect in the State; and (4) Include a draft of legislation or regulations intended to amend or revise current State motor vehicle titling and/or disclosure requirements to conform with Federal requirements. (c) The agency will respond to the applicant, in writing, and provide a list of the Federal statutory and/or regulatory requirements that the State may have failed to include in its proposal and indicate if any sections of the proposal appear to conflict with Federal requirements. | ||||||
| 49:49:7.1.1.1.9.0.1.11 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.11 Petition for approval of alternate disclosure requirements. | NHTSA | [53 FR 29476, Aug. 5, 1988, as amended at 56 FR 47686, Sept. 20, 1991; 84 FR 52702, Oct. 2, 2019] | (a) A state may petition NHTSA for approval of disclosure requirements which differ from the disclosure requirements of § 580.5, § 580.6, § 580.7, or § 580.13(f) of this part. (b) Each petition filed under this section shall— (1) Be written in the English language; (2) Be submitted to the Office of Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, W41-326, Washington, DC 20590; (3) Set forth the motor vehicle disclosure requirements in effect in the jurisdiction, including a copy of the applicable laws or regulations of the jurisdiction; and (4) Explain how the jurisdiction's motor vehicle disclosure requirements are consistent with the purposes of the Motor Vehicle Information and Cost Savings Act. (c) Notice of the petition and an initial determination pending a 30-day comment period will be published in the Federal Register. Notice of final grant or denial of a petition for approval of alternate motor vehicle disclosure requirements will be published in the Federal Register. The effect of the grant of a petition is to relieve a jurisdiction from responsibility to conform the Jurisdiction disclosure requirements with § 580.5, § 580.6, § 580.7, or § 580.13(f), as applicable, for as long as the approved alternate disclosure requirements remain in effect in that jurisdiction. The effect of a denial is to require a jurisdiction to conform to the requirements of § 580.5, § 580.6, § 580.7, or § 580.13(f), as applicable, of this part until such time as NHTSA approves any alternate motor vehicle disclosure requirements. | ||||||
| 49:49:7.1.1.1.9.0.1.12 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.12 [Reserved] | NHTSA | ||||||||
| 49:49:7.1.1.1.9.0.1.13 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.13 Disclosure of odometer information by power of attorney. | NHTSA | [84 FR 52702, Oct. 2, 2019] | (a) If otherwise permitted by the law of the jurisdiction, the transferor may grant a power of attorney to their transferee for the purpose of mileage disclosure under one of the following conditions: (1) The transferor's physical title is held by a lienholder; or (2) The transferor's physical title is lost; or (3) The transferor's electronic title is held or controlled by a lienholder; or (4) The transferor's electronic title cannot be accessed. (b) The physical or electronic power of attorney shall contain, in part A, a space for the information required to be disclosed under paragraphs (c) through (f) of this section. If a state permits the use of a physical or electronic power of attorney in the situation described in § 580.14(a), the power of attorney must also contain, in part B, a space for the information required to be disclosed under § 580.14, and, in part C, a space for the certification required to be made under § 580.15. (c) In connection with the transfer of ownership of a motor vehicle as described in paragraph (a) of this section, where the transferor elects to give their transferee a physical or electronic power of attorney for the purpose of mileage disclosure, the transferor must appoint the transferee their attorney-in-fact for the purpose of mileage disclosure and disclose the mileage on the physical or electronic power of attorney form issued by the jurisdiction in which the transfer occurs. This disclosure must be signed by the transferor, including the printed name, and contain the following information: (1) The odometer reading at the time of transfer (not to include tenths of miles); (2) The date of transfer; (3) The transferor's printed name and current address; (4) The transferee's printed name and current address; and (5) The identity of the vehicle, including its make, model, year, body type, and vehicle identification number. (d) In addition to the information provided under paragraph (c) of this section, the physical or electronic power of attorney form shall refer to t… | ||||||
| 49:49:7.1.1.1.9.0.1.14 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.14 Power of attorney to review title documents and acknowledge disclosure. | NHTSA | [84 FR 52703, Oct. 2, 2019] | (a) In circumstances where part A of a physical power of attorney form has been used pursuant to § 580.13 of this part, and if otherwise permitted by the law of the jurisdiction, a transferee may grant power of attorney to their transferor to review the physical or electronic title and any physical reassignment documents, if applicable, for mileage discrepancies, and if no discrepancies are found, to acknowledge disclosure on the physical or electronic title. The power of attorney shall be on part B of the physical or electronic power of attorney referred to in § 580.13(a), which shall contain a space for the information required to be disclosed under paragraphs (b), (c), and (d) of this section and, in part C, a space for the certification required to be made under § 580.15. (b) Part B of the physical or electronic power of attorney must include a mileage disclosure from the transferor to the transferee and must be signed by the transferor, including the printed name, and contain the following information: (1) The odometer reading at the time of transfer (not to include tenths of miles); (2) The date of transfer; (3) The transferor's printed name and current address; (4) The transferee's printed name and current address; and (5) The identity of the vehicle, including its make, model, year, body type, and vehicle identification number. (c) In addition to the information provided under paragraph (b) of this section, the power of attorney form shall refer to the federal odometer law and state that providing false information or the failure of the person granted the power of attorney to submit the form to the State may result in fines and/or imprisonment. Reference may also be made to applicable law of the jurisdiction. (d) In addition to the information provided under paragraphs (b) and (c) of this section: (1) The transferor shall certify that to the best of their knowledge the odometer reading reflects the actual mileage; or (2) If the transferor knows that the odometer reading reflects mileage in exces… | ||||||
| 49:49:7.1.1.1.9.0.1.15 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.15 Certification by person exercising powers of attorney. | NHTSA | [84 FR 52703, Oct. 2, 2019] | (a) A person who exercises a power of attorney under both §§ 580.13 and 580.14 must complete a certification that they disclosed the mileage on the physical or electronic title as it was provided to them on the physical or electronic power of attorney form, and that upon examination of the physical or electronic title and any applicable physical reassignment documents, the mileage disclosure made on the physical or electronic title pursuant to the physical or electronic power of attorney is greater than that previously stated on the physical or electronic title and applicable physical reassignment documents unless: (1) The transferor has included a statement that the mileage exceeds mechanical limits; or (2) The transferor has included a statement that the odometer reading does not reflect the actual mileage. (b) This certification shall be under part C of the same form as the powers of attorney executed under §§ 580.13 and 580.14 and shall include: (1) The signature and printed name of the person exercising the power of attorney; (2) The printed address of the person exercising the power of attorney; and (3) The date of the certification. (c) If the mileage reflected by the transferor on the power of attorney is less than that previously stated on the title and any reassignment documents, the power of attorney shall be void unless: (1) The transferor has included a statement that the mileage exceeds mechanical limits; or (2) The transferor has included a statement that the odometer reading does not reflect the actual mileage. | ||||||
| 49:49:7.1.1.1.9.0.1.16 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.16 Availability of prior title and power of attorney documents to transferee. | NHTSA | [84 FR 52704, Oct. 2, 2019] | (a) In circumstances in which a power of attorney has been used pursuant to § 580.13, if a subsequent transferee elects to return to their transferor to sign the disclosure on the physical or electronic title and does not give their transferor a power of attorney pursuant to § 580.14, the transferor shall, upon the subsequent transferee's request, show that transferee a copy of the physical or electronic power of attorney that he they received from their transferor. (b) Upon request of a transferee, a transferor who was granted a power of attorney by their transferor and who holds the title to the vehicle in their own name, must show to the transferee the copy of the previous owner's title and the physical or electronic power of attorney form. | ||||||
| 49:49:7.1.1.1.9.0.1.17 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.17 Exemptions. | NHTSA | [53 FR 29476, Aug. 5, 1988, as amended at 54 FR 35888, Aug. 30, 1989. Redesignated at 62 FR 47765, Sept. 11, 1997; 63 FR 52632, Oct. 1, 1998; 84 FR 52704, Oct. 2, 2019; 84 FR 65019, Nov. 26, 2019] | Notwithstanding the requirements of §§ 580.5 and 580.7: (a) A transferor or a lessee of any of the following motor vehicles need not disclose the vehicle's odometer mileage: (1) A vehicle having a Gross Vehicle Weight Rating, as defined in § 571.3 of this title, of more than 16,000 pounds; (2) A vehicle that is not self-propelled; (3)(i) A vehicle manufactured in or before the 2010 model year that is transferred at least 10 years after January 1 of the calendar year corresponding to its designated model year; (ii) Example to paragraph (a)(3): For vehicle transfers occurring during calendar year 2020, model year 2010 or older vehicles are exempt. (4)(i) A vehicle manufactured in or after the 2011 model year that is transferred at least 20 years after January 1 of the calendar year corresponding to its designated model year; or (ii) Example to paragraph (a)(4): For vehicle transfers occurring during calendar year 2031, model year 2011 or older vehicles are exempt. (5) A vehicle sold directly by the manufacturer to any agency of the United States in conformity with contractual specifications. (b) A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage. (c) A lessor of any of the vehicles listed in paragraph (a) of this section need not notify the lessee of any of these vehicles of the disclosure requirements of § 580.7. | ||||||
| 49:49:7.1.1.1.9.0.1.2 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.2 Purpose. | NHTSA | [84 FR 52699, Oct. 2, 2019] | The purpose of this part is to provide transferees of motor vehicles with odometer information to assist them in determining a vehicle's condition and value by making the disclosure of a vehicle's mileage a condition of title and by requiring lessees to disclose to their lessors the vehicle's mileage at the time the lessee returns the vehicle to the lessor. In addition, the purpose of this part is to preserve records that are needed for the proper investigation of possible violations of the Motor Vehicle Information and Cost Savings Act and any subsequent prosecutorial, adjudicative or other action. | ||||||
| 49:49:7.1.1.1.9.0.1.3 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.3 Definitions. | NHTSA | [53 FR 29476, Aug. 5, 1988, as amended at 54 FR 35887, Aug. 30, 1989; 56 FR 47686, Sept. 20, 1991; 84 FR 52699, Oct. 2, 2019] | All terms defined in 49 U.S.C. 32702 are used in their statutory meaning. Other terms used in this part are defined as follows: Access means the authorized entry to, and display of, an electronic title in a manner allowing modification of previously stored data, even if the stored data is not modified at the time it is accessed. The term does not include display of an electronic record for viewing purposes where modification of stored data is not possible, or where modification to the record is possible but results in a new, unique electronic title. Electronic power of attorney means a power of attorney maintained in electronic form by a jurisdiction that meets all the requirements of this part. For the purposes of this part, this term is limited to a record that was created electronically and does not include a physical power of attorney that was executed on paper and converted by scanning or imaging for storage in an electronic medium. Electronic title means a title created and maintained in an electronic format by a jurisdiction that meets all the requirements of this part. An electronic title incorporates an electronic reassignment form or process containing the disclosures required by this part facilitating transfers between transferors and transferees who do not take title to the vehicle. As set forth in § 580.5(g), an electronic reassignment may precede issuance of an electronic title when no electronic title exists. For the purposes of this part, this term is limited to a record created electronically and does not include a physical title incorporating an odometer disclosure executed on that title and converted by scanning and imaging for storage in an electronic medium. Jurisdiction means a state, territory, or possession of the United States of America. Lessee means any person, or the agent for any person, to whom a motor vehicle has been leased for a term of at least 4 months. Lessor means any person, or the agent for any person, who has leased 5 or more motor vehicles in the past 12 months… | ||||||
| 49:49:7.1.1.1.9.0.1.4 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.4 Security of physical documents, electronic titles and electronic powers of attorney. | NHTSA | [84 FR 52700, Oct. 2, 2019] | (a) Each physical title shall be set forth by means of a secure printing process or other secure process. Additionally, a physical power of attorney issued pursuant to §§ 580.13 and 580.14 and physical documents, which are used to reassign the title, shall be issued by the jurisdiction and shall be set forth by a secure printing process or other secure process. (b) Each electronic title shall be maintained in a secure environment so it is protected from unauthorized modification, alteration or disclosure. In addition, an electronic power of attorney maintained and made available pursuant to §§ 580.13 and 580.14 and shall be maintained by the jurisdiction in a secure environment so that it is protected from unauthorized modification, alteration and disclosure. Any system employed to create, store or maintain the foregoing electronic records shall record the dates and times when the electronic document is created, the odometer disclosures contained within are signed and when the documents are accessed, including the date and time any unauthorized attempt is made to alter or modify the electronic document and any unauthorized alterations or modifications made. | ||||||
| 49:49:7.1.1.1.9.0.1.5 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.5 Disclosure of odometer information. | NHTSA | [53 FR 29476, Aug. 5, 1988, as amended at 54 FR 35887, Aug. 30, 1989; 56 FR 47686, Sept. 20, 1991; 84 FR 52700, Oct. 2, 2019] | (a) At the time a physical or electronic title is issued or made available to the transferee, it must contain the mileage disclosed by the transferor when ownership of the vehicle was transferred and contain a space for the information required to be disclosed under paragraphs (c) through (f) of this section at the time of future transfer. (b) Any physical documents which are used to reassign a title shall contain a space for the information required to be disclosed under paragraphs (c) through (f) of this section at the time of transfer of ownership. (c) In connection with the transfer of ownership of a motor vehicle, the transferor shall disclose the mileage to the transferee on the physical or electronic title or, except as noted below, on the physical document being used to reassign the title. In the case of a transferor in whose name the vehicle is titled, the transferor shall disclose the mileage on the electronic title or the physical title, and not on a reassignment document. This disclosure must be signed by the transferor and must contain the transferor's printed name. In connection with the transfer of ownership of a motor vehicle in which more than one person is a transferor, only one transferor need sign the disclosure. In addition to the signature of the transferor, the disclosure must contain the following information: (1) The odometer reading at the time of transfer (not to include tenths of miles); (2) The date of transfer; (3) The transferor's printed name and current address; (4) The transferee's printed name and current address; and (5) The identity of the vehicle, including its make, model, year, body type, and vehicle identification number. (d) In addition to the information provided under paragraph (c) of this section, the physical document shall provide a statement referencing federal law and stating failure to complete the disclosure or providing false information may result in fines and/or imprisonment. Reference may also be made to applicable law of the jurisdiction. If the tran… | ||||||
| 49:49:7.1.1.1.9.0.1.6 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.6 Additional requirements for electronic odometer disclosure. | NHTSA | [84 FR 52701, Oct. 2, 2019] | (a) Any electronic title or power of attorney as defined in this part shall be retained: (1) In a format which cannot be altered unless such alterations are made as authorized by the jurisdiction, and which indicates any unauthorized attempts to alter it; (2) In an order that permits systematic retrieval; and (3) For a minimum of five years following conversion to a physical title, issuance of a subsequent physical or electronic title by any jurisdiction, or permanent destruction of the vehicle; otherwise, the record shall be retained indefinitely. (b) Any electronic signature made on an odometer disclosure shall identify an individual, and not solely the organization the person represents or employs them. If the individual executing the electronic signature is acting in a business capacity or otherwise on behalf of another individual or entity, the business or other individual or entity shall also be identified when the signature is made. Electronic signatures on odometer disclosures made in connection with transfers by a licensed dealer or at an auction sale need only identify the individual executing the signature and the dealer transferring the vehicle or auction entity conducting the sale. (c) Any requirement in these regulations to disclose, issue, return, notify or otherwise provide information to another person in the course of an electronic odometer disclosure is satisfied when the required information is electronically transmitted or otherwise electronically available to the party required to review or receive it. (d) When an electronic title is created following transfer of ownership a vehicle with a physical title or an existing physical title is converted to an electronic title, the jurisdiction issuing the electronic title shall obtain the physical title or proof that the physical title has been invalidated or lost, and retain a physical or electronic copy of the physical title or proof for a minimum of five years. (e) A jurisdiction issuing an electronic title may provide a paper record of o… | ||||||
| 49:49:7.1.1.1.9.0.1.7 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.7 Disclosure of odometer information for leased motor vehicles. | NHTSA | [53 FR 29476, Aug. 5, 1988, as amended at 84 FR 52701, Oct. 2, 2019] | (a) Before executing any transfer of ownership document, each lessor of a leased motor vehicle shall notify the lessee electronically or in writing stating that the lessee is required to provide a written or electronic disclosure to the lessor regarding the mileage. This written or electronic notice shall contain a reference to the federal law and shall state failure to complete the disclosure or providing false information may result in fines and/or imprisonment. Reference may also be made to applicable law of the jurisdiction. If the notice is electronic, the information specified in this paragraph shall be displayed prior to, or at the time of, the execution of any electronic signatures. (b) In connection with the transfer of ownership of the leased motor vehicle, the lessee shall furnish to the lessor a written or electronic statement regarding the mileage of the vehicle. This statement must be signed by the lessee. This statement, in addition to the lessee acknowledging receiving notification of federal law and any applicable law of the jurisdiction as required by paragraph (a) of this section, shall also contain the following information: (1) The printed name of the person making the disclosure; (2) The current odometer reading (not to include tenths of miles); (3) The date of the statement; (4) The lessee's printed name and current address; (5) The lessor's printed name and current address; (6) The identity of the vehicle, including its make, model, year, and body type, and its vehicle identification number; (7) The date that the lessor notified the lessee of disclosure requirements; (8) The date that the completed disclosure statement was received by the lessor; and (9) The signature of the lessor. (c) In addition to the information provided under paragraphs (a) and (b) of this section, (1) The lessee shall certify that to the best of his knowledge the odometer reading reflects the actual mileage; or (2) If the lessee knows that the odometer reading reflects the amount of mileage in excess of… | ||||||
| 49:49:7.1.1.1.9.0.1.8 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.8 Odometer disclosure statement retention. | NHTSA | [84 FR 52702, Oct. 2, 2019] | (a) Dealers and distributors of motor vehicles who are required by this part to execute an odometer disclosure statement shall retain, except as noted in paragraph (d), for five years a photostat, carbon, other facsimile copy, or electronic copy of each odometer mileage statement, which they issue and receive. They shall retain all odometer disclosure statements at their primary place of business in an order appropriate to business requirements and that permits systematic retrieval. Electronic copies shall be retained in a format which cannot be altered and which indicates any attempts to alter it. (b) Lessors shall retain, for five years following the date they transfer ownership of the leased vehicle, each written or electronic odometer disclosure statement which they receive from a lessee. They shall retain all odometer disclosure statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval. Electronic copies shall be retained in a format which cannot be altered and which indicates any attempts to alter it. (c) Dealers and distributors of motor vehicles who are granted a power of attorney, except as noted in paragraph (d) of this section, by their transferor pursuant to § 580.13, or by their transferee pursuant to § 580.14, shall retain for five years a photostat, carbon, or other facsimile copy, or electronic copy of each power of attorney they receive. They shall retain all powers of attorney at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval. Electronic copies shall be retained in a format which cannot be altered and which indicates any unauthorized attempts to alter it. (d) Any odometer disclosure statement made on an electronic title or electronic power of attorney shall be retained by the jurisdiction for a minimum of five years and made available upon request to dealers, distributors, and lessors for retrieval at their principal place of busine… | ||||||
| 49:49:7.1.1.1.9.0.1.9 | 49 | Transportation | V | 580 | PART 580—ODOMETER DISCLOSURE REQUIREMENTS | § 580.9 Odometer record retention for auction companies. | NHTSA | [53 FR 29476, Aug. 5, 1988, as amended at 84 FR 52702, Oct. 2, 2019] | Each auction company shall establish and retain in physical or electronic format at its primary place of business in an order appropriate to business requirements and that permits systematic retrieval, for five years following the date of sale of each motor vehicle, the following records: (a) The name of the most recent owner (other than the auction company); (b) The name of the transferee; (c) The vehicle identification number; and (d) The odometer reading on the date which the auction company took possession of the motor vehicle. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);