cfr_sections
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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.2.5.20.1.16.1 | 10 | Energy | III | 782 | PART 782—CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT | A | Subpart A—General | § 782.1 Purpose. | DOE | The purpose of this regulation is to set forth policies and procedures for the filing and disposition of claims asserted against the Department of Energy of infringement of privately owned rights in patented inventions or copyrighted works. | |||||
| 10:10:5.0.2.5.20.1.16.2 | 10 | Energy | III | 782 | PART 782—CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT | A | Subpart A—General | § 782.2 Objectives. | DOE | Whenever a claim of infringement of privately owned rights in patented inventions or copyrighted works is asserted against the Department of Energy, all necessary steps shall be taken to investigate and to settle administratively, to deny, or otherwise to dispose of such claim prior to suit against the United States. | |||||
| 10:10:5.0.2.5.20.1.16.3 | 10 | Energy | III | 782 | PART 782—CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT | A | Subpart A—General | § 782.3 Authority. | DOE | The General Counsel or the General Counsel's delegate is authorized to investigate, settle, deny, or otherwise dispose of all claims of patent and copyright infringement pursuant to 42 U.S.C. 2201(g), 2223, 5817(d) and 7261; the Foreign Assistance Act of 1961, 22 U.S.C. 2356 (formerly the Mutual Security Acts of 1951 and 1954); the Invention Secrecy Act, 35 U.S.C. 183; and 28 U.S.C. 1498. | |||||
| 10:10:5.0.2.5.20.2.16.1 | 10 | Energy | III | 782 | PART 782—CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT | B | Subpart B—Requirements and Procedures | § 782.5 Contents of communication initiating claim. | DOE | (a) Requirements for claim. A patent or copyright infringement claim for compensation, asserted against the United States as represented by the Department of Energy under any of the applicable statutes cited in § 782.3, must be actually communicated to and received by an agency, organization, office, or field establishment within the Department of Energy. Claims must be in writing and must include the following: (1) An allegation of infringement; (2) A request, either expressed or implied, for compensation; (3) A citation of the patents or copyrighted items alleged to be infringed; (4) In the case of a patent infringement claim, a sufficiently specific designation to permit identification of the items or processes alleged to infringe the patents, giving the commercial designation if known to the claimant, or, in the case of a copyright infringement claim, the acts alleged to infringe the copyright; (5) In the case of a patent infringement claim, a designation of at least one claim of each patent alleged to be infringed or, in the case of a copyright infringement claim, a copy of each work alleged to be infringed; (6) As an alternative to paragraphs (a) (4) and (5) of this section, certification that the claimant has made a bona fide attempt to determine the items or processes which are alleged to infringe the patents, or the acts alleged to infringe the copyrights, but was unable to do so, giving reasons, and stating a reasonable basis for the claimant's belief that the patents or copyrighted items are being infringed. (b) Additional information for patent infringement claims. In addition to the information listed in paragraph (a) of this section the following material and information generally is necessary in the course of processing a claim of patent infringement. Claimants are encouraged to furnish this information at the time of filing a claim to permit rapid processing and resolution of the claim. (1) A copy of the asserted patents and identification of all claims of the patents alleged to be inf… | |||||
| 10:10:5.0.2.5.20.2.16.2 | 10 | Energy | III | 782 | PART 782—CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT | B | Subpart B—Requirements and Procedures | § 782.6 Processing of administrative claims. | DOE | (a) Filing and forwarding of claims. All communications regarding claims should be addressed to: General Counsel, ATTN: Assistant General Counsel for Patents, Office of the General Counsel, U.S. Department of Energy, Washington, DC 20545. General Counsel, ATTN: Assistant General Counsel for Patents, Office of the General Counsel, U.S. Department of Energy, Washington, DC 20545. If any communication relating to a claim or possible claim of patent or copyright infringement is received by an agency, organization, office, or field establishment within the Department of Energy, it should be forwarded to the Assistant General Counsel for Patents. (b) Disposition and notification. The General Counsel shall investigate and administratively settle, deny, or otherwise dispose of each claim by denial or settlement. When a claim is denied, the Department shall so notify the claimant or his authorized representative and provide the claimant with the reasons for denying the claim. Disclosure of information shall be subject to applicable statutes, regulations, and directives pertaining to security, access to official records, and the rights of others. | |||||
| 10:10:5.0.2.5.20.2.16.3 | 10 | Energy | III | 782 | PART 782—CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT | B | Subpart B—Requirements and Procedures | § 782.7 Incomplete notice of infringement. | DOE | (a) If a communication alleging patent or copyright infringement is received that does not meet the requirements set forth above in § 782.5, the sender shall be advised in writing by the General Counsel: (1) That the claim for infringement has not been satisfactorily presented; and (2) Of the elements considered necessary to establish a claim. (b) A communication, such as a mere offer of a license, in which an infringement is not alleged in accordance with § 782.5(a) of this part shall not be considered a claim for infringement. | |||||
| 10:10:5.0.2.5.20.2.16.4 | 10 | Energy | III | 782 | PART 782—CLAIMS FOR PATENT AND COPYRIGHT INFRINGEMENT | B | Subpart B—Requirements and Procedures | § 782.8 Indirect notice of infringement. | DOE | If a patent or copyright owner communicates an allegation of infringement in the performance of a Government contract, grant, or other arrangement to addressees other than those specified in § 782.5(a), such as Department of Energy contractors including contractors operating government-owned facilities, the communication shall not be considered a claim within the meaning of § 782.5 until it meets the requirements of that section. | |||||
| 15:15:3.1.1.2.20.0.1.1 | 15 | Commerce and Foreign Trade | VII | D | 782 | PART 782—GENERAL INFORMATION REGARDING REPORTING REQUIREMENTS AND PROCEDURES | § 782.1 Overview of reporting requirements under the APR. | BIS | Part 783 of the APR describes the reporting requirements for certain activities specified in the APR. For each activity specified in part 783, BIS may require that an Initial Report , an Annual Update Report , a No Changes Report , an Import Confirmation Report , a Supplemental Information Report , or an Amended Report be submitted to BIS. In addition, persons subject to the APR may be required to provide BIS with information needed to assist the IAEA in clarifying or verifying information specified in the U.S. declaration or in clarifying or amplifying information concerning the nature of the activities conducted at a location (see §§ 783.1(d) and 784.1(b)(2) of the APR for requirements concerning a Supplemental Information Report ). If, after reviewing part 783 of the APR, you determine that you are subject to one or more APR reporting requirements, you may obtain the appropriate forms by contacting BIS (see § 782.5 of the APR). In addition, forms may be downloaded from the Internet at http://www.ap.gov. | ||||||
| 15:15:3.1.1.2.20.0.1.2 | 15 | Commerce and Foreign Trade | VII | D | 782 | PART 782—GENERAL INFORMATION REGARDING REPORTING REQUIREMENTS AND PROCEDURES | § 782.2 Persons responsible for submitting reports required under the APR. | BIS | The owner, operator, or senior management official of a location subject to the reporting requirements in part 783 of the APR is responsible for the submission of all required reports and documents in accordance with all applicable provisions of the APR. | ||||||
| 15:15:3.1.1.2.20.0.1.3 | 15 | Commerce and Foreign Trade | VII | D | 782 | PART 782—GENERAL INFORMATION REGARDING REPORTING REQUIREMENTS AND PROCEDURES | § 782.3 Compliance review. | BIS | Periodically, BIS will request information from persons and locations subject to the APR to determine compliance with the reporting and recordkeeping requirements set forth herein. Information requested may relate to nuclear fuel cycle research and development activities not involving nuclear material, nuclear-related manufacturing, assembly or construction activities, or uranium hard-rock mining activities as described in part 783 of the APR. Any person or location subject to the APR and receiving such a request for information must submit a response to BIS within 30 calendar days of receipt of the request. If the requested information cannot be provided to BIS, the response must fully explain the reason why such information cannot be provided. If additional time is needed to collect the requested information, the person or location should request an extension of the submission deadline, before the expiration of the 30-day time period set by BIS, and include an explanation for why an extension is needed. BIS will grant only one extension of the submission deadline. The maximum period of time for which BIS will grant an extension will be 30 days. Failure to respond to this request could lead to an investigation of the person's or location's reporting and recordkeeping procedures under the APR. | ||||||
| 15:15:3.1.1.2.20.0.1.4 | 15 | Commerce and Foreign Trade | VII | D | 782 | PART 782—GENERAL INFORMATION REGARDING REPORTING REQUIREMENTS AND PROCEDURES | § 782.4 Assistance in determining your obligations. | BIS | (a) Determining if your activity is subject to reporting requirements. (1) If you need assistance in determining whether or not your activity is subject to the APR's reporting requirements, submit your written request for an activity determination to BIS. Such requests may be sent to BIS via facsimile to (202) 482-1731, e-mailed to apdr@bis.doc.gov, or hand delivered, submitted by courier, or mailed to BIS, in hard copy, to the following address: Treaty Compliance Division, Bureau of Industry and Security, U.S. Department of Commerce, Attn: AP Activity Determination, 14th Street and Pennsylvania Avenue, NW., Room 4515, Washington, DC 20230. Your activity determination request should include the information indicated in paragraph (a)(2) of this section to ensure an accurate determination. Also include any additional information that would be relevant to the activity described in your request. If you are unable to provide all of the information required in paragraph (a)(2) of this section, you should include an explanation identifying the reasons or deficiencies that preclude you from supplying the information. If BIS cannot make a determination based upon the information submitted, BIS will return the request to you and identify the additional information that is necessary to complete an activity determination. BIS will provide a written response to your activity determination request within 10 business days of receipt of the request. (2) You must include the following information when submitting an activity determination request to BIS: (i) Date of your request; (ii) Name of your organization and complete street address; (iii) Point of contact for your organization; (iv) Phone and facsimile number for your point of contact; (v) E-mail address for your point of contact, if you want BIS to provide an acknowledgment of receipt via e-mail; and (vi) Description of your activity in sufficient detail as to allow BIS to make an accurate determination. (b) Other inquiries. If you need assistance in interpret… | ||||||
| 15:15:3.1.1.2.20.0.1.5 | 15 | Commerce and Foreign Trade | VII | D | 782 | PART 782—GENERAL INFORMATION REGARDING REPORTING REQUIREMENTS AND PROCEDURES | § 782.5 Where to obtain APR report forms. | BIS | Report forms required by the APR may be downloaded from the Internet at http://www.ap.gov. You also may obtain these forms by contacting: Treaty Compliance Division, Bureau of Industry and Security, U.S. Department of Commerce, Attn: Forms Request, 14th Street and Pennsylvania Avenue, NW., Room 4515, Washington, DC 20230, Telephone: (202) 482-1001. | ||||||
| 15:15:3.1.1.2.20.0.1.6 | 15 | Commerce and Foreign Trade | VII | D | 782 | PART 782—GENERAL INFORMATION REGARDING REPORTING REQUIREMENTS AND PROCEDURES | § 782.6 Where to submit reports. | BIS | Reports required by the APR must be sent to BIS via facsimile to (202) 482-1731 or hand delivered , submitted by courier, or mailed to BIS, in hard copy, to the following address: Treaty Compliance Division, Bureau of Industry and Security, U.S. Department of Commerce, Attn: AP Reports, 14th Street and Pennsylvania Avenue, NW., Room 4515, Washington, DC 20230, Telephone: (202) 482-1001. Specific types of reports and due dates are outlined in supplement no. 1 to part 783 of the APR. | ||||||
| 29:29:3.1.1.2.42.0.401.1 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.0 Introductory statement. | DOL-WHD | (a) Since the enactment of the Fair Labor Standards Act of 1938, the views of the Administrator of the Wage and Hour Division as to the scope and applicability of the exemption provided by section 13(b)(1) of the act have been expressed in interpretations issued from time to time in various forms. This part, as of the date of its publication in the Federal Register, supersedes and replaces such prior interpretations. Its purpose is to make available in one place general interpretations of the Administrator which will provide “a practical guide to employers and employees as to how the office representing the public interest in enforcement of the law will seek to apply it.” ( Skidmore v. Swift & Co., 323 U.S. 134) (b) The interpretations contained in this part indicate, with respect to the scope and applicability of the exemption provided by section 13(b)(1) of the Fair Labor Standards Act, the construction of the law which the Secretary of Labor and the Administrator believe to be correct in the light of the decisions of the courts, the Interstate Commerce Commission, and since October 15, 1966, its successor, the Secretary of Transportation, and which will guide them in the performance of their administrative duties under the act unless and until they are otherwise directed by authoritative decisions of the courts or conclude upon reexamination of an interpretation that it is incorrect. (c) Public Law 89-670 (80 Stat. 931) transferred to and vested in the Secretary of Transportation all functions, powers, and duties of the Interstate Commerce Commission: (1) Under section 204 (a)(1) and (a)(2) to the extent they relate to qualifications and maximum hours of service of employees and safety of operations and equipment, and (2) under section 204(a)(5) of the Motor Carrier Act. The interpretations contained in this part are interpretations on which reliance may be placed as provided in section 10 of the Portal-to-Portal Act (Pub. L. 49, 80th Cong., first sess. (61 Stat. 84), discussed in part 790, statement on… | ||||||
| 29:29:3.1.1.2.42.0.401.2 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.1 Statutory provisions considered. | DOL-WHD | (a) Section 13(b)(1) of the Fair Labor Standards Act provides an exemption from the maximum hours and overtime requirements of section 7 of the act, but not from the minimum wage requirements of section 6. The exemption is applicable to any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 204 of the Motor Carrier Act of 1935, (part II of the Interstate Commerce Act, 49 Stat. 546, as amended; 49 U.S.C. 304, as amended by Pub. L. 89-670, section 8e which substituted “Secretary of Transportation” for “Interstate Commerce Commission”—Oct. 15, 1966) except that the exemption is not applicable to any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service solely by virtue of section 204(a)(3a) of part II of the Interstate Commerce Act. (Pub. L. 939, 84th Cong., second sess., Aug. 3, 1956, secs. 2 and 3) The Fair Labor Standards Act confers no authority on the Secretary of Labor or the Administrator to extend or restrict the scope of this exemption. It is settled by decisions of the U.S. Supreme Court that the applicability of the exemption to an employee otherwise entitled to the benefits of the Fair Labor Standards Act is determined exclusively by the existence of the power conferred under section 204 of the Motor Carrier Act to establish qualifications and maximum hours of service with respect to him. It is not material whether such qualifications and maximum hours of service have actually been established by the Secretary of Transportation; the controlling consideration is whether the employee comes within his power to do so. The exemption is not operative in the absence of such power, but an employee with respect to whom the Secretary of Transportation has such power is excluded, automatically, from the benefits of section 7 of the Fair Labor Standards Act. ( Southland Gasoline Co. v. Bayley, 319 U.S. 44; Boutell v. Walli… | ||||||
| 29:29:3.1.1.2.42.0.401.3 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.2 Requirements for exemption in general. | DOL-WHD | (a) The exemption of an employee from the hours provisions of the Fair Labor Standards Act under section 13(b)(1) depends both on the class to which his employer belongs and on the class of work involved in the employee's job. The power of the Secretary of Transportation to establish maximum hours and qualifications of service of employees, on which exemption depends, extends to those classes of employees and those only who: (1) Are employed by carriers whose transportation of passengers or property by motor vehicle is subject to his jurisdiction under section 204 of the Motor Carrier Act ( Boutell v. Walling, 327 U.S. 463; Walling v. Casale, 51 F. Supp. 520; and see Ex parte Nos. MC-2 and MC-3, in the Matter of Maximum Hours of Service of Motor Carrier Employees, 28 M.C.C. 125, 132), and (2) engage in activities of a character directly affecting the safety of operation of motor vehicles in the transportation on the public highways of passengers or property in interstate or foreign commerce within the meaning of the Motor Carrier Act. United States v. American Trucking Assns., 310 U.S. 534; Levinson v. Spector Motor Service, 330 U.S. 649; Ex parte No. MC-28, 13 M.C.C. 481; Ex parte Nos. MC-2 and MC-3, 28 M.C.C. 125; Walling v. Comet Carriers, 151 F. (2d) 107 (C.A. 2). (b)(1) The carriers whose transportation activities are subject to the Secretary of Transportation jurisdiction are specified in the Motor Carrier Act itself (see § 782.1). His jurisdiction over private carriers is limited by the statute to private carriers of property by motor vehicle, as defined therein, while his jurisdiction extends to common and contract carriers of both passengers and property. See also the discussion of special classes of carriers in § 782.8. And see paragraph (d) of this section. The U.S. Supreme Court has accepted the Agency determination, that activities of this character are included in the kinds of work which has been defined as the work of drivers, driver's helpers, loaders, and mechanics (see §§ 782… | ||||||
| 29:29:3.1.1.2.42.0.401.4 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.3 Drivers. | DOL-WHD | (a) A “driver,” as defined for Motor Carrier Act jurisdiction (49 CFR parts 390-395; Ex parte No. MC-2, 3 M.C.C. 665; Ex parte No. MC-3, 23 M.C.C.1; Ex parte No. MC-4, 1 M.C.C. 1), is an individual who drives a motor vehicle in transporation which is, within the meaning of the Motor Carrier Act, in interstate or foreign commerce. (As to what is considered transportation in interstate or foreign commerce within the meaning of the Motor Carrier Act, see § 782.7). This definition does not require that the individual be engaged in such work at all times; it is recognized that even full-duty drivers devote some of their working time to activities other than such driving. “Drivers,” as thus officially defined, include, for example, such partial-duty drivers as the following, who drive in interstate or foreign commerce as part of a job in which they are required also to engage in other types of driving or nondriving work: Individuals whose driving duties are concerned with transportation some of which is in intrastate commerce and some of which is in interstate or foreign commerce within the meaning of the Motor Carrier Act; individuals who ride on motor vehicles engaged in transportation in interstate or foreign commerce and act as assistant or relief drivers of the vehicles in addition to helping with loading, unloading, and similar work; drivers of chartered buses or of farm trucks who have many duties unrelated to driving or safety of operation of their vehicles in interstate transportation on the highways; and so-called “driver-salesmen” who devote much of their time to selling goods rather than to activities affecting such safety of operation. ( Levinson v. Spector Motor Service, 300 U.S. 649; Morris v. McComb, 332 U.S. 422; Richardson v. James Gibbons Co., 132 F. (2d) 627 (C.A. 4), affirmed 319 U.S. 44; Gavril v. Kraft Cheese Co., 42 F. Supp. 702 (N.D. Ill.); Walling v. Craig, 53 F. Supp. 479 (D. Minn.); Vannoy v. Swift & Co. (Mo. S. Ct.), 201 S.W. (2d) 350; Ex parte No. MC-2, 3 M.C.C. 665;… | ||||||
| 29:29:3.1.1.2.42.0.401.5 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.4 Drivers' helpers. | DOL-WHD | (a) A Driver's “helper,” as defined for Motor Carrier Act jurisdiction (Ex Parte Nos. MC-2 and MC-3, 28 M.C.C. 125, 135, 136, 138, 139), is an employee other than a driver, who is required to ride on a motor vehicle when it is being operated in interstate or foreign commerce within the meaning of the Motor Carrier Act. (The term does not include employees who ride on the vehicle and act as assistants or relief drivers. Ex parte Nos. MC-2 and MC-3, supra. See § 782.3.) This definition has classified all such employees, including armed guards on armored trucks and conductorettes on buses, as “helpers” with respect to whom he has power to establish qualifications and maximum hours of service because of their engagement in some or all of the following activities which, in his opinion, directly affect the safety of operation of such motor vehicles in interstate or foreign commerce (Ex parte Nos. MC-2 and MC-3, 28 M.C.C. 125, 135-136): Assist in loading the vehicles (they may also assist in unloading (Ex parte Nos. MC-2 and MC-3, supra), an activity which has been held not to affect “safety of operation,” see § 782.5(c); as to what it meant by “loading” which directly affects “safety of operation,” see § 782.5(a)); dismount when the vehicle approaches a railroad crossing and flag the driver across the tracks, and perform a similar duty when the vehicle is being turned around on a busy highway or when it is entering or emerging from a driveway; in case of a breakdown: (1) Place the flags, flares, and fuses as required by the safety regulations. (2) go for assistance while the driver protects the vehicle on the highway, or vice versa, or (3) assist the driver in changing tires or making minor repairs; and assist in putting on or removing chains. (b) An employee may be a “helper” under the official definition even though such safety-affecting activities constitute but a minor part of his job. Thus, although the primary duty of armed guards on armored trucks is to protect the valuables in the case of attempted robberies, … | ||||||
| 29:29:3.1.1.2.42.0.401.6 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.5 Loaders. | DOL-WHD | (a) A “loader,” as defined for Motor Carrier Act jurisdiction (Ex parte Nos. MC-2 and MC-3, 28 M.C.C. 125, 133, 134, 139), is an employee of a carrier subject to section 204 of the Motor Carrier Act (other than a driver or driver's helper as defined in §§ 782.3 and 782.4) whose duties include, among other things, the proper loading of his employer's motor vehicles so that they may be safely operated on the highways of the country. A “loader” may be called by another name, such as “dockman,” “stacker,” or “helper,” and his duties will usually also include unloading and the transfer of freight between the vehicles and the warehouse, but he engages, as a “loader,” in work directly affecting “safety of operation” so long as he has responsibility when such motor vehicles are being loaded, for exercising judgment and discretion in planning and building a balanced load or in placing, distributing, or securing the pieces of freight in such a manner that the safe operation of the vehicles on the highways in interstate or foreign commerce will not be jeopardized. ( Levinson v. Spector Motor Service, 300 U.S. 649; Pyramid Motor Freight Corp. v. Ispass, 330 U.S. 695; Walling v. Gordon's Transport (W.D. Tenn.), 10 Labor Cases, par. 62,934, affirmed 162 F. (2d) 203 (C.A. 6), certiorari denied 332 U.S. 774; Walling v. Huber & Huber Motor Express, 67 F. Supp. 855; Ex parte Nos. MC-2 and MC-3, 28 M.C.C. 125, 133, 134) (b) The section 13(b)(1) exemption applies, in accordance with principles previously stated (see § 782.2), to an employee whose job involves activities consisting wholly or in part of doing, or immediately directing, a class of work defined: (1) As that of a loader, and (2) as directly affecting the safety of operation of motor vehicles in interstate or foreign commerce within the meaning of the Motor Carrier Act, since such an employee is an employee with respect to whom the Secretary of Transporation has power to establish qualifications and maximum hours of service. ( Levinson v. Spector Motor S… | ||||||
| 29:29:3.1.1.2.42.0.401.7 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.6 Mechanics. | DOL-WHD | (a) A “mechanic,” for purposes of safety regulations under the Motor Carrier Act is an employee who is employed by a carrier subject to the Secretary's jurisdiction under section 204 of the Motor Carrier Act and whose duty it is to keep motor vehicles operated in interstate or foreign commerce by his employer in a good and safe working condition. (Ex parte, Nos. MC-2 and MC-3, 28 M.C.C. 125, 132, 133. Ex parte No. MC-40 (Sub. No. 2), 88 M.C.C. 710 (repair of refrigeration equipment). See also Morris v. McComb, 332 U.S. 422.) It has been determined that the safety of operation of such motor vehicles on the highways is directly affected by those activities of mechanics, such as keeping the lights and brakes in a good and safe working condition, which prevent the vehicles from becoming potential hazards to highway safety and thus aid in the prevention of accidents. The courts have held that mechanics perform work of this character where they actually do inspection, adjustment, repair or maintenance work on the motor vehicles themselves (including trucks, tractors and trailers, and buses) and are, when so engaged, directly responsible for creating or maintaining physical conditions essential to the safety of the vehicles on the highways through the correction or prevention of defects which have a direct causal connection with the safe operation of the unit as a whole. ( Walling v. Silver Bros., 136 F. (2d) 168 (C.A. 1); McDuffie v. Hayes Freight Lines, 71 F. Supp. 755; Walling v. Silver Fleet Motor Express, 67 F. Supp. 846; Keeling v. Huber & Huber Motor Express, 57 F. Supp. 617; Walling v. Huber & Huber Motor Express, 67 F. Supp. 855; Tinerella v. Des Moines Transp. Co., 41 F. Supp. 798; Robbins v. Zabarsky, 44 F. Supp. 867; West V. Smoky Mt. Stages, 40 F. Supp. 296; Walling v. Cumberland & Liberty Mills Co. (S.D. Fla.), 6 Labor Cases, par. 61,184; Esibill v. Marshall (D. N.J.), 6 Labor Cases, par. 61,256; Keegan v. Ruppert (S.D. N.Y.), 7 Labor Cases, par. 61,726; Bake… | ||||||
| 29:29:3.1.1.2.42.0.401.8 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.7 Interstate commerce requirements of exemption. | DOL-WHD | (a) As explained in preceding sections of this part, section 13(b)(1) of the Fair Labor Standards Act does not exempt an employee of a carrier from the act's overtime provisions unless it appears, among other things, that his activities as a driver, driver's helper, loader, or mechanic directly affect the safety of operation of motor vehicles in transportation in interstate or foreign commerce within the meaning of the Motor Carrier Act. What constitutes such transportation in interstate or foreign commerce, sufficient to bring such an employee within the regulatory power of the Secretary of Transportation under section 204 of that act, is determined by definitions contained in the Motor Carrier Act itself. These definitions are, however, not identical with the definitions in the Fair Labor Standards Act which determine whether an employee is within the general coverage of the wage and hours provisions as an employee “engaged in (interstate or foreign) commerce.” For this reason, the interstate commerce requirements of the section 13(b)(1) exemption are not necessarily met by establishing that an employee is “engaged in commerce” within the meaning of the Fair Labor Standards Act when performing activities as a driver, driver's helper, loader, or mechanic, where these activities are sufficient in other respects to bring him within the exemption. ( Hager v. Brinks, Inc. (N.D. Ill.), 11 Labor Cases, par. 63,296, 6 W.H. Cases 262; Earle v. Brinks, Inc., 54 F. Supp. 676 (S.D. N.Y.); Thompson v. Daugherty, 40 F. Supp. 279 (D. Md.). See also, Walling v. Villaume Box & Lbr. Co., 58 F. Supp. 150 (D. Minn.). And see in this connection paragraph (b) of this section and § 782.8.) To illustrate, employees of construction contractors are, within the meaning of the Fair Labor Standards Act, engaged in commerce where they operate or repair motor vehicles used in the maintenance, repair, or reconstruction of instrumentalities of interstate commerce (for example, highways over which goods and persons regularly move… | ||||||
| 29:29:3.1.1.2.42.0.401.9 | 29 | Labor | V | B | 782 | PART 782—EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS | § 782.8 Special classes of carriers. | DOL-WHD | [36 FR 21778, Nov. 13, 1971, as amended at 37 FR 23638, Nov. 7, 1972] | (a) The Interstate Commerce Commission consistently maintained that transportation with a State of consumable goods (such as food, coal, and ice) to railroad, docks, etc., for use of trains and steamships is not such transportation as is subject to its jurisdiction. ( New Pittsburgh Coal Co. v. Hocking Valley Ry. Co., 24 I.C.C. 244; Corona Coal Co. v. Secretary of War, 69 I.C.C. 389; Bunker Coal from Alabama to Gulf Ports, 227 I.C.C. 485.) The intrastate delivery of chandleries, including cordage, canvas, repair parts, wire rope, etc., to ocean-going vessels for use and consumption aboard such vessels which move in interstate or foreign commerce falls within this category. Employees of carriers so engaged are considered to be engaged in commerce, as that term is used in the Fair Labor Standards Act. These employees may also be engaged in the “production of goods for commerce” within the meaning of section 3(j) of the Fair Labor Standards Act. See cases cited in § 782.7(c), and see Mitchell v. Independent Ice Co., 294 F. 2d 186 (C.A. 5), certiorari denied 368 U.S. 952, and part 776 of this chapter. Since the Commission has disclaimed jurisdiction over this type of operation (see, in this connection § 782.7(b)), it is the Division's opinion that drivers, driver's helpers, loaders, and mechanics employed by companies engaged in such activities are covered by the wage and hours provisions of the Fair Labor Standards Act, and are not within the exemption contained in section 13(b)(1). (See Hansen v. Salinas Valley Ice Co. (Cal. App.), 144 P. (2d) 896.) (b) Prior to June 14, 1972, when the Department of Transportation published a notice in the Federal Register (37 FR 11781) asserting its power to establish qualifications and maximum hours of service of employees of contract mail haulers, thereby reversing the long-standing position of the Interstate Commerce Commission, the Administrator of the Wage and Hour Division had taken the position that employees engaged in the transportation of mail under con… | |||||
| 7:7:7.1.1.4.28.1.9.1 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | A | Subpart A—General | § 782.1 Basis and purpose. | FSA | The regulations contained in this part are issued pursuant to and in accordance with Section 321(f) of the North American Free Trade Agreement Implementation Act. These regulations govern the establishment of the end-use certificate program, the completion of end-use certificates, the identification of commodities requiring end-use certificates, the submission of reports, and the keeping of records and making of reports incident thereto. | ||||
| 7:7:7.1.1.4.28.1.9.2 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | A | Subpart A—General | § 782.2 Definitions. | FSA | [60 FR 5089, Jan. 26, 1995, as amended at 61 FR 32643, June 25, 1996; 64 FR 12885, Mar. 16, 1999] | As used in this part and in all instructions, forms, and documents in connection therewith, the words and phrases defined in this section shall have the meanings herein assigned to them unless the context or subject matter requires otherwise. References contained herein to other parts of this chapter or title shall be construed as references to such parts and amendments now in effect or later issued. Date of entry means the effective time of entry of the merchandise, as defined in 19 CFR part 101. End Use means the actual manner in which Canadian-produced wheat was used, including, among other uses, milling, brewing, malting, distilling, manufacturing, or export. End user means the entity that uses Canadian-produced wheat for, among other uses, milling, brewing, malting, distilling, manufacturing, or other use, except resale. Entity means a legal entity including, but not limited to, an individual, joint stock company, corporation, association, partnership, cooperative, trust, and estate. Entry means that documentation required by 19 CFR part 142 to be filed with the appropriate U.S. Customs officer to secure the release of imported merchandise from U.S. Customs custody, or the act of filing that documentation. Grain handler means an entity other than the importer, exporter, subsequent buyer, or end user that handles wheat on behalf of an importer, exporter, subsequent buyer, or end user. Importer means a party qualifying as an Importer of Record pursuant to 19 U.S.C. 1484(a). Metric ton means a unit of measure that equals 2,204.6 pounds. Subsequent buyer means an entity other than the end user or importer which owns wheat originating in Canada. Workdays means days that the Federal government normally conducts business, which excludes Saturdays, Sundays, and Federal holidays. | |||
| 7:7:7.1.1.4.28.1.9.3 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | A | Subpart A—General | § 782.3 Administration. | FSA | The end-use certificate program will be administered under the general supervision and direction of the Administrator, Farm Service Agency (FSA), U.S. Department of Agriculture (USDA), through the Office of the Deputy Administrator for Commodity Operations (DACO), FSA, Washington, D.C., and the Kansas City Commodity Office (KCCO), FSA, Kansas City, MO, in coordination with the Commissioner of Customs pursuant to a Memorandum of Understanding. | ||||
| 7:7:7.1.1.4.28.1.9.4 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | A | Subpart A—General | § 782.4 OMB control numbers assigned pursuant to the Paperwork Reduction Act. | FSA | [61 FR 32643, June 25, 1996] | The information collection requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 0560-0151. | |||
| 7:7:7.1.1.4.28.2.9.1 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.10 Identification of commodities subject to end-use certificate regulations. | FSA | (a) The regulations in this part are applicable to wheat and barley, respectively, imported into the U.S. from any foreign country, as defined in 19 CFR 134.1, or instrumentality of such foreign country that, as of April 8, 1994, required end-use certificates for imports of U.S.-produced wheat or barley. (b) Because Canada is the only country with such requirements on wheat, and no country has an end-use certificate requirement for barley, only wheat originating in Canada is affected by the regulations in this part. | ||||
| 7:7:7.1.1.4.28.2.9.10 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.19 Penalty for noncompliance. | FSA | It shall be a violation of 18 U.S.C. 1001 for any entity to engage in fraud with respect to, or to knowingly violate, the provisions set forth in this part. | ||||
| 7:7:7.1.1.4.28.2.9.2 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.11 Extent to which commodities are subject to end-use certificate regulations. | FSA | (a) In the event that Canada eliminates the requirement for end-use certificates on imports from the U.S., the provisions of the regulations in this part shall be suspended 30 calendar days following the date Canada eliminates its end-use certificate requirement, as determined by the Secretary. (b) The provisions of the regulations in this part may be suspended if the Secretary, after consulting with domestic producers, determines that the program has directly resulted in the: (1) Reduction of income to U.S. producers of agricultural commodities, or (2) Reduction of the competitiveness of U.S. agricultural commodities in world export markets. | ||||
| 7:7:7.1.1.4.28.2.9.3 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.12 Filing FSA-750, End-Use Certificate for Wheat. | FSA | [60 FR 5089, Jan. 26, 1995, as amended at 61 FR 32643, June 25, 1996; 64 FR 12885, Mar. 16, 1999] | (a) Each entity that imports wheat originating in Canada shall, for each entry into the U.S., obtain form FSA-750, End-Use Certificate for Wheat, from Kansas City Commodity Office, Warehouse Contract Division, P.O. Box 419205, Kansas City, MO 64141-6205, and submit the completed original form FSA-750 to KCCO within 10 workdays following the date of entry or release. Each form FSA-750 shall set forth, among other things, the: (1) Name, address, and telephone number of the importer, (2) Customs entry number, (3) Date of entry, (4) Importer number, (5) Class of wheat being imported, (6) Grade, protein content, moisture content, and dockage level of wheat being imported, (7) If imported as a result of a contract for sale, the date of such contract. (8) Quantity imported, in net metric tons, rounded to the nearest hundredth of a metric ton, per conveyance, (9) Storage location of the wheat, (10) Mode of transportation and the name of the transportation company used to import the wheat, and (11) A certification that the identity of the Canadian-produced wheat will be preserved until such time as the wheat is either delivered to a subsequent buyer or end-user, or loaded onto a conveyance for direct delivery to an end user. (b) Importers may provide computer generated form FSA-750, provided such computer generated forms: (1) Are approved in advance by KCCO, (2) Contain a KCCO-assigned serial number, and (3) Contain all of the information required in paragraphs (a)(1) through (a)(9). (c) KCCO will accept form FSA-750 submitted through the following methods: (1) Mail service, including express mail, (2) Facsimile machine, and (3) Other electronic transmissions, provided such transmissions are approved in advance by KCCO. The importer remains responsible for ensuring that electronically transmitted forms are received in accordance with paragraph (a). (d) The original form FSA-750 and one copy of form FSA-750 shall be signed and dated by the importer. (e) Distribution of form FSA-750 will be as follows: … | |||
| 7:7:7.1.1.4.28.2.9.4 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.13 Importer responsibilities. | FSA | [60 FR 5089, Jan. 26, 1995, as amended at 61 FR 32643, June 25, 1996] | The importer shall: (a) File form FSA-750 in accordance with § 782.12. (b) Immediately notify each subsequent buyer, grain handler, or end user that the wheat being purchased or handled originated in Canada and may only be commingled with U.S.-produced wheat by the end user or when loaded onto a conveyance for direct delivery to the end user or a foreign country. (c) Provide each subsequent buyer or end user with a copy of form FSA-750 that was filed when the Canadian wheat entered the U.S. (d) Submit to KCCO, within 15 workdays following the date of sale, form FSA-751, Wheat Consumption and Resale Report, in accordance with § 782.15. | |||
| 7:7:7.1.1.4.28.2.9.5 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.14 Identity preservation. | FSA | (a) The importer and all subsequent buyers of the imported wheat shall preserve the identity of the Canadian-produced wheat. (b) Canadian-produced wheat may only be commingled with U.S.-produced wheat by the end user, or when loaded onto a conveyance for direct delivery to the end user or foreign country. (c) Failure to meet the requirements in paragraphs (a) and (b) of this section shall constitute noncompliance by the importer or subsequent buyer for the purposes of this part. | ||||
| 7:7:7.1.1.4.28.2.9.6 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.15 Filing FSA-751, Wheat Consumption and Resale Report. | FSA | [60 FR 5089, Jan. 26, 1995, as amended at 61 FR 32643, June 25, 1996] | (a) For purposes of providing information relating to the consumption and resale of Canadian-produced wheat, form FSA-751, Wheat Consumption and Resale Report, shall be filed with KCCO by each: (1) Importer and subsequent buyer, for each sale to a subsequent buyer or end user, within 15 workdays following the date of sale. (2) End user and exporter, for full and partial consumption or export, within 15 workdays following: (i) March 31, (ii) June 30, (iii) September 30, and (iv) December 31. (b) Each form FSA-751 shall set forth, among other things, the: (1) Name, address, and telephone number of the filer, (2) Storage location of the wheat, (3) Name and address of the importer, (4) Form FSA-750, End-Use Certificate for Wheat, serial number, (5) Class of wheat, (6) Date the wheat was received at the filer's facility, (7) Quantity of wheat received, in net metric tons, rounded to the nearest hundredth of a metric ton, (8) Certification to be completed by end users and exporters that requires the end user or exporter to provide, among other things: (i) A certification of compliance with these regulations, (ii) The quantity consumed or exported, (iii) The quantity remaining, (iv) The manner in which the commodity was used. (v) The signature of an authorized representative of the end user or exporter. (9) Certification to be completed by subsequent buyers and importers that requires the subsequent buyer or importer to provide, among other things: (i) A certification of compliance with the regulations in this part, (ii) The quantity resold, (iii) The name, address, and telephone number of the buyer, and (iv) The signature of an authorized representative of the subsequent buyer or importer. (c) End user and exporter shall submit form FSA-751 to KCCO quarterly until the wheat has been fully utilized or exported in accordance with the regulations in this part. (d) Importers and subsequent buyers shall, for each individual sale, submit form FSA-751 to KCCO until the imported wheat has been fully … | |||
| 7:7:7.1.1.4.28.2.9.7 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.16 Designating end use on form FSA-751. | FSA | (a) If the end use specified on the applicable form FSA-751, Wheat Consumption and Resale Report, is “export,” the exporter must specify the final destination, by country, on form FSA-751. (b) If the end user utilizes the wheat for purposes other than milling, brewing, malting, distilling, export, or manufacturing, such use must be specifically designated on form FSA-751. | ||||
| 7:7:7.1.1.4.28.2.9.8 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.17 Wheat purchased for resale. | FSA | [60 FR 5089, Jan. 26, 1995, as amended at 61 FR 32643, June 25, 1996] | (a) This section applies to an importer or subsequent buyer who imports or purchases Canadian-produced wheat for the purpose of reselling the wheat. (b) The importer or subsequent buyer shall immediately notify each subsequent buyer, grain handler, exporter, or end user that the wheat being purchased or handled originated in Canada and may only be commingled with U.S.-produced wheat by the end user or when loaded onto a conveyance for direct delivery to the end user or a foreign country. (c) The importer or subsequent buyer shall provide all purchasers of Canadian-produced wheat with a photocopy of the form FSA-750 submitted to KCCO by the importer in accordance with § 782.12(a). | |||
| 7:7:7.1.1.4.28.2.9.9 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | B | Subpart B—Implementation of the End-Use Certificate Program | § 782.18 Wheat purchased for export. | FSA | (a) This section applies to an importer or subsequent buyer who imports or purchases Canadian-produced wheat for the purpose of export to a foreign country or instrumentality. (b) Wheat that is purchased for the purpose of export must be stored identity preserved while the importer or subsequent buyer maintains control of the wheat, except that such wheat may be commingled when loaded onto a conveyance for delivery to the foreign country or instrumentality. (c) Importers or subsequent buyers that purchase wheat for export to a foreign country or instrumentality must complete form FSA-751 quarterly, in accordance with § 782.15. | ||||
| 7:7:7.1.1.4.28.3.9.1 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | C | Subpart C—Records and Reports | § 782.20 Importer records and reports. | FSA | (a) The importer shall retain a copy of each form: (1) FSA-750, End-Use Certificate for Wheat, that is submitted to KCCO in accordance with § 782.12(a); and (2) FSA-751, Wheat Consumption and Resale Report, that is submitted to KCCO in accordance with § 782.15(a)(1). (b) The importer shall maintain records to verify that the wheat was identity preserved until such time as the wheat was: (1) Loaded onto the conveyance for direct delivery to an end user, or (2) Delivered to an end user, or (3) Delivered to a subsequent buyer. (c) Copies of the documents, information, and records required in paragraphs (a) and (b) of this section shall be kept on file at the importer's headquarters office or other location designated by the importer for the period specified in § 782.25. | ||||
| 7:7:7.1.1.4.28.3.9.2 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | C | Subpart C—Records and Reports | § 782.21 End-user and exporter records and reports. | FSA | (a) The end user or exporter shall retain a copy of each form FSA-751, Wheat Consumption and Resale Report, that is filed with KCCO in accordance with § 782.15(a)(2). (b) The end user or exporter shall retain a copy of each form FSA-750, End-Use Certificate for Wheat, provided to the end-user or exporter in accordance with § 782.17(b). (c) The exporter shall maintain records to verify that wheat purchased for the purpose of export was stored identity preserved until such time as the wheat was loaded onto a conveyance for delivery to the foreign country or instrumentality. (d) Copies of the documents required in paragraphs (a), (b), and (c) of this section shall be kept on file at the end-user's or exporter's headquarters office or other location designated by the end user or exporter for the period specified in § 782.25. | ||||
| 7:7:7.1.1.4.28.3.9.3 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | C | Subpart C—Records and Reports | § 782.22 Subsequent buyer records and reports. | FSA | (a) The subsequent buyer shall retain a copy of each form FSA-751, Wheat Consumption and Resale Report, that is filed with KCCO in accordance with § 782.15(a)(1). (b) The subsequent buyer shall retain a copy of each form FSA-750, End-Use Certificate for Wheat, provided to the subsequent buyer in accordance with § 782.17(b). (c) The subsequent buyer shall maintain records to verify that the wheat specified on the end-use certificate was identity preserved during the time that the subsequent buyer maintained control of the wheat, or until the wheat was loaded onto a conveyance for direct delivery to an end user. (d) Copies of the documents and records required in paragraphs (a) through (c) of this section shall be kept on file at the subsequent buyer's headquarters office or other location designated by the subsequent buyer for the period specified in § 782.25. | ||||
| 7:7:7.1.1.4.28.3.9.4 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | C | Subpart C—Records and Reports | § 782.23 Failure to file end-use certificates or consumption and resale reports. | FSA | Failure by importers, end users, exporters, and subsequent buyers to file form FSA-750, End-Use Certificate for Wheat, and form FSA-751, Wheat Consumption and Resale Report, as applicable, and retain or maintain related copies and records shall constitute noncompliance for the purposes of § 782.19. | ||||
| 7:7:7.1.1.4.28.3.9.5 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | C | Subpart C—Records and Reports | § 782.24 Recordkeeping and examination of records. | FSA | (a) Examination. For the purpose of verifying compliance with the requirements of this part, each importer, end-user, exporter, and subsequent buyer shall make available at one place at all reasonable times for examination by representatives of USDA, all books, papers, records, contracts, scale tickets, settlement sheets, invoices, written price quotations, or other documents related to the importation of the Canadian-produced wheat that is within the control of such entity. (b) Orderly retention of records. To facilitate examination and verification of the records and reports required by this part, copies of form FSA-750, End-Use Certificate for Wheat, and form FSA-751, Wheat Consumption and Resale Report, shall be filed in an orderly manner, and must be made available for inspection by representatives of USDA. | ||||
| 7:7:7.1.1.4.28.3.9.6 | 7 | Agriculture | VII | D | 782 | PART 782—END-USE CERTIFICATE PROGRAM | C | Subpart C—Records and Reports | § 782.25 Length of time records are to be kept. | FSA | The records required to be kept under this part shall be retained for 3 years following the filing date of the applicable record. Records shall be kept for such longer period of time as may be requested in writing by USDA representatives. |
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