cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
130 rows where part_number = 810 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, chapter, subchapter, part_name, subpart, subpart_name, amendment_citations
part_number 1
- 810 · 130 ✖
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.2.5.24.0.16.1 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.1 Purpose. | DOE | [80 FR 9375, Feb. 23, 2015, as amended at 88 FR 1979, Jan. 12, 2023] | The regulations in this part implement section 57 b.(2) of the Atomic Energy Act, which empowers the Secretary, with the concurrence of the Department of State, and after consultation with the Nuclear Regulatory Commission, the Department of Commerce, and the Department of Defense, to authorize persons to directly or indirectly engage or participate in the development or production of special nuclear material outside the United States. The purpose of the regulations in this part is to: (a) Identify activities that are generally authorized by the Secretary and thus require no other authorization under this part; (b) Identify activities that require specific authorization by the Secretary and explain how to request authorization; and (c) Specify reporting requirements for authorized activities. (d) Specify civil penalties and enforcement proceedings. | ||||||
| 10:10:5.0.2.5.24.0.16.10 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.10 Revocation, suspension, or modification of authorization. | DOE | The Secretary may revoke, suspend, or modify a general or specific authorization: (a) For any material false statement in an application for specific authorization or in any additional information submitted in its support; (b) For failing to provide a report or for any material false statement in a report submitted pursuant to § 810.12; (c) If any authorization governed by this part is subsequently determined by the Secretary to be inimical to the interest of the United States or otherwise no longer meets the legal criteria for approval; or (d) Pursuant to section 129 of the Atomic Energy Act. | |||||||
| 10:10:5.0.2.5.24.0.16.11 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.11 Information required in an application for specific authorization. | DOE | (a) An application letter must include the following information: (1) The name, address, and citizenship of the applicant, and complete disclosure of all real parties in interest; if the applicant is a corporation or other legal entity, where it is incorporated or organized; the location of its principal office; and the degree of any control or ownership by any foreign individual, corporation, partnership, firm, association, trust, estate, public or private institution or government agency; (2) The country or entity to receive the assistance or technology; the name and location of any facility or project involved; and the name and address of the person for which or whom the activity is to be performed; (3) A description of the assistance or technology to be provided, including a complete description of the proposed activity, its approximate monetary value, and a detailed description of any specific project to which the activity relates as specified in §§ 810.9(b)(7), (8), and (9); and (4) The designation of any information that if publicly disclosed would cause substantial harm to the competitive position of the applicant. (b) Except as provided in § 810.6(b), an applicant seeking to employ a citizen or national of a country not listed in the Appendix in a position that could result in the transfer of technology subject to § 810.2, or seeking to employ any foreign national in the United States or in a foreign country that could result in the export of assistance or transfer of technology subject to § 810.7 must request a specific authorization. The applicant must provide, with respect to each foreign national to whom access to technology will be granted, the following: (1) A description of the technology that would be made available to the foreign national; (2) The purpose of the proposed transfer, a description of the applicant's technology control program, and any Nuclear Regulatory Commission standards applicable to the employer's grant of access to the technology; (3) A copy of any confidentiality agr… | |||||||
| 10:10:5.0.2.5.24.0.16.12 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.12 Reports. | DOE | (a) Each person who has received a specific authorization shall, within 30 calendar days after beginning the authorized activity, provide to DOE a written report containing the following information: (1) The name, address, and citizenship of the person submitting the report; (2) The name, address, and citizenship of the person for whom or which the activity is being performed; (3) A description of the activity, the date it began, its location, status, and anticipated date of completion; and (4) A copy of the DOE letter authorizing the activity. (b) Each person carrying out a specifically authorized activity shall inform DOE, in writing within 30 calendar days, of completion of the activity or of its termination before completion. (c) Each person granted a specific authorization shall inform DOE, in writing within 30 calendar days, when it is known that the proposed activity will not be undertaken and the granted authorization will not be used. (d) DOE may require reports to include such additional information that may be required by applicable U.S. law, regulation, or policy with respect to the specific nuclear activity or country for which specific authorization is required. (e) Each person, within 30 calendar days after beginning any generally authorized activity under § 810.6, shall provide to DOE: (1) The name, address, and citizenship of the person submitting the report; (2) The name, address, and citizenship of the person for whom or which the activity is being performed; (3) A description of the activity, the date it began, its location, status, and anticipated date of completion; and (4) A written assurance that the applicant has an agreement with the recipient ensuring that any subsequent transfer of materials, equipment, or technology transferred under general authorization under circumstances in which the conditions in § 810.6 would not be met will take place only if the applicant obtains DOE's prior written approval. (f) Individuals engaging in generally authorized activities as employees… | |||||||
| 10:10:5.0.2.5.24.0.16.13 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.13 Additional information. | DOE | DOE may at any time require a person engaging in any generally or specifically authorized activity to submit additional information. | |||||||
| 10:10:5.0.2.5.24.0.16.14 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.14 Special provisions regarding Ukraine. | DOE | (a) Pre-activity notification requirements. Any person beginning any generally authorized activity involving Ukraine shall provide to DOE at least ten days prior to beginning that activity a report containing the following information: (1) The name, address, and citizenship of the person submitting the notification; (2) The name, address, and citizenship of the person for which the activity is to be performed; (3) A description of the activity, the date it is proposed to begin, its location, status, and anticipated date of completion; and (4) A written assurance that the person that is to perform the activity has an agreement with the recipient that any subsequent transfer of technology or information transferred under general authorization will not be transferred to a country that is not listed in the Appendix to this part without the prior written approval of DOE. (b) Post-activity reporting requirements. Every person completing a generally authorized activity in Ukraine shall provide to DOE within ten days following the original transfer of technology or information written confirmation that such transfer was completed in accordance with the description of the activity provided as required by paragraph (a) of this section. | |||||||
| 10:10:5.0.2.5.24.0.16.15 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.15 Violations. | DOE | [80 FR 9375, Feb. 23, 2015, as amended at 88 FR 1979, Jan. 12, 2023; 89 FR 1028, Jan. 9, 2024; 89 FR 105406, Dec. 27, 2024] | (a) The Atomic Energy Act provides that: (1) In accordance with section 232 of the AEA, permanent or temporary injunctions, restraining or other orders may be granted to prevent a violation of any provision of the Atomic Energy Act or any regulation or order issued thereunder. (2) In accordance with section 222 of the AEA, whoever willfully violates, attempts to violate, or conspires to violate any provision of section 57 of the Atomic Energy Act may be fined up to $10,000 or imprisoned up to 10 years, or both. If the offense is committed with intent to injure the United States or to aid any foreign nation, the penalty could be up to life imprisonment or a $20,000 fine, or both. (b) In accordance with Title 18 of the United States Code, section 1001, whoever knowingly and willfully falsifies, conceals, or covers up a material fact or makes or uses false, fictitious or fraudulent statements or representations shall be fined under that title or imprisoned up to five or eight years depending on the crime, or both. (c) In accordance with section 234 of the AEA, any person who violates any provision of section 57 b. of the AEA, as implemented under this part, shall be subject to a civil penalty, not to exceed $127,973 per violation, such amount to be adjusted annually for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. If any violation is a continuing one, each day from the point at which the violating activity began to the point at which the violating activity was suspended shall constitute a separate violation for the purpose of computing the applicable civil penalty. The mere act of suspending an activity does not constitute admission that the activity was a violation and does not waive the rights and processes outlined in paragraphs (c)(4) through (14) of this section or otherwise impact the right of the person to appeal any civil penalty that may be imposed. (1) In order to begin a proceeding to impose a civil penalty under this paragraph (c), the Deputy A… | ||||||
| 10:10:5.0.2.5.24.0.16.16 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.16 Effective date and savings clause. | DOE | (a) The regulations in this part are effective March 25, 2015. (b) Except for actions that may be taken by DOE pursuant to § 810.10, the regulations in this part do not affect the validity or terms of any specific authorizations granted under regulations in effect before March 25, 2015 or generally authorized activities under those regulations for which the contracts, purchase orders, or licensing arrangements were already in effect. Persons engaging in activities that were generally authorized under regulations in effect before March 25, 2015, but that require specific authorization under the regulations in this part, must request specific authorization by August 24, 2015 and may continue their activities until DOE acts on the request. | |||||||
| 10:10:5.0.2.5.24.0.16.2 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.2 Scope. | DOE | (a) Part 810 (this part) applies to: (1) All persons subject to the jurisdiction of the United States who directly or indirectly engage or participate in the development or production of any special nuclear material outside the United States; and (2) The transfer of technology that involves any of the activities listed in paragraph (b) of this section either in the United States or abroad by such persons or by licensees, contractors or subsidiaries under their direction, supervision, responsibility, or control. (b) The activities referred to in paragraph (a) of this section are: (1) Chemical conversion and purification of uranium and thorium from milling plant concentrates and in all subsequent steps in the nuclear fuel cycle; (2) Chemical conversion and purification of plutonium and neptunium; (3) Nuclear fuel fabrication, including preparation of fuel elements, fuel assemblies and cladding thereof; (4) Uranium isotope separation (uranium enrichment), plutonium isotope separation, and isotope separation of any other elements (including stable isotope separation) when the technology or process can be applied directly or indirectly to uranium or plutonium; (5) Nuclear reactor development, production or use of the components within or attached directly to the reactor vessel, the equipment that controls the level of power in the core, and the equipment or components that normally contain or come in direct contact with or control the primary coolant of the reactor core; (6) Development, production or use of production accelerator-driven subcritical assembly systems; (7) Heavy water production and hydrogen isotope separation when the technology or process has reasonable potential for large-scale separation of deuterium ( 2 H) from protium ( 1 H); (8) Reprocessing of irradiated nuclear fuel or targets containing special nuclear material, and post-irradiation examination of fuel elements, fuel assemblies and cladding thereof, if it is part of a reprocessing program; and (9) The transfer of technology for t… | |||||||
| 10:10:5.0.2.5.24.0.16.3 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.3 Definitions. | DOE | As used in this part 810: Agreement for cooperation means an agreement with another nation or group of nations concluded under sections 123 or 124 of the Atomic Energy Act. Assistance means assistance in such forms as instruction, skills, training, working knowledge, consulting services, or any other assistance as determined by the Secretary. Assistance may involve the transfer of technical data. Atomic Energy Act means the Atomic Energy Act of 1954, as amended. Classified information means national security information classified under Executive Order 13526 or any predecessor or superseding order, and Restricted Data classified under the Atomic Energy Act. Cooperative enrichment enterprise means a multi-country or multi-company (where at least two of the companies are incorporated in different countries) joint development or production effort. The term includes a consortium of countries or companies or a multinational corporation. Country, as well as government, nation, state, and similar entity, shall be read to include Taiwan, consistent with section 4 of the Taiwan Relations Act (22 U.S.C. 3303). Development means any activity related to all phases before production such as: Design, design research, design analysis, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, and layouts. DOE means the U.S. Department of Energy. Enrichment means isotope separation of uranium or isotope separation of plutonium, regardless of the type of process or separation mechanism used. Fissile material means isotopes that readily fission after absorbing a neutron of any energy, either fast or slow. Fissile materials are uranium-235, uranium-233, plutonium-239, and plutonium-241. Foreign national means an individual who is not a citizen or national of the United States, but excludes U.S. lawful permanent residents and protected individuals under the Immigration and Naturalizatio… | |||||||
| 10:10:5.0.2.5.24.0.16.4 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.4 Communications. | DOE | (a) All communications concerning the regulations in this part should be addressed to: U.S. Department of Energy, Washington, DC 20585. Attention: Senior Policy Advisor, National Nuclear Security Administration/Office of Nonproliferation and Arms Control (NPAC), Telephone (202) 586-1007. (b) Communications also may be delivered to DOE's headquarters at 1000 Independence Avenue SW., Washington, DC 20585. All clearly marked proprietary information will be given the maximum protection allowed by law. (c) Communications may also be delivered by email to: Part810@nnsa.doe.gov . For “fast track” activities described in §§ 810.6(c)(1) and (c)(2) emails should be sent to: Part810-OperationalSafety@nnsa.doe.gov . Notifications regarding activity in the Ukraine should be delivered by email to: Part810-Ukraine@nnsa.doe.gov . | |||||||
| 10:10:5.0.2.5.24.0.16.5 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.5 Interpretations. | DOE | (a) The advice of the DOE Office of Nonproliferation and Arms Control may be requested on whether a proposed activity falls outside the scope of this part, is generally authorized under § 810.6, or requires a specific authorization under § 810.7. However, unless authorized by the Secretary in writing, no interpretation of the regulations in this part other than a written interpretation by the DOE General Counsel is binding upon DOE. (b) When advice is requested from the DOE Office of Nonproliferation and Arms Control, or a binding, written determination is requested from the DOE General Counsel, a response normally will be made within 30 calendar days and, if this is not feasible, an interim response will explain the reason for the delay. (c) The DOE Office of Nonproliferation and Arms Control may periodically publish abstracts of general or specific authorizations that may be of general interest, exclusive of proprietary business-confidential data submitted to DOE or other information protected by law from unauthorized disclosure. | |||||||
| 10:10:5.0.2.5.24.0.16.6 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.6 Generally authorized activities. | DOE | The Secretary has determined that the following activities are generally authorized, provided that no sensitive nuclear technology or assistance described in § 810.7 is involved: (a) Engaging directly or indirectly in the production of special nuclear material at facilities in countries or with entities listed in the Appendix to this part; (b) Transfer of technology to a citizen or national of a country other than the United States not listed in the Appendix to this part and working at an NRC-licensed facility, provided: (1) The foreign national is lawfully employed by or contracted to work for a U.S. employer in the United States; (2) The foreign national executes a confidentiality agreement with the U.S. employer to safeguard the technology from unauthorized use or disclosure; (3) The foreign national has been granted unescorted access in accordance with NRC regulations at an NRC-licensed facility; and (4) The foreign national's U.S. employer authorizing access to the technology complies with the reporting requirements in § 810.12(g). (c) Activities at any safeguarded or NRC-licensed facility to: (1) Prevent or correct a current or imminent radiological emergency posing a significant danger to the health and safety of the off-site population, which emergency in DOE's assessment cannot be met by other means, provided DOE is notified in writing in advance and does not object within 48 hours of receipt of the advance notification; (2) Furnish operational safety information or assistance to existing safeguarded civilian nuclear reactors outside the United States in countries with safeguards agreements with the IAEA or an equivalent voluntary offer, provided DOE is notified in writing and approves the activity in writing within 45 calendar days of the notice. The applicant should provide all the information required under § 810.11 and specific references to the national or international safety standards or requirements for operational safety for nuclear reactors that will be addressed by the assistance; or … | |||||||
| 10:10:5.0.2.5.24.0.16.7 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.7 Activities requiring specific authorization. | DOE | Any person requires a specific authorization by the Secretary before: (a) Engaging in any of the activities listed in § 810.2(b) with any foreign country or entity not specified in the Appendix to this part; (b) Providing or transferring sensitive nuclear technology to any foreign country or entity; or (c) Engaging in or providing technology (including assistance) for any of the following activities with respect to any foreign country or entity (or a citizen or national of that country other than U.S. lawful permanent residents or protected individuals under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)): (1) Uranium isotope separation (uranium enrichment), plutonium isotope separation, or isotope separation of any other elements (including stable isotope separation) when the technology or process can be applied directly or indirectly to uranium or plutonium; (2) Fabrication of nuclear fuel containing plutonium, including preparation of fuel elements, fuel assemblies, and cladding thereof; (3) Heavy water production, and hydrogen isotope separation, when the technology or process has reasonable potential for large-scale separation of deuterium ( 2 H) from protium ( 1 H); (4) Development, production or use of a production accelerator-driven subcritical assembly system; (5) Development, production or use of a production reactor; or (6) Reprocessing of irradiated nuclear fuel or targets containing special nuclear material. | |||||||
| 10:10:5.0.2.5.24.0.16.8 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.8 Restrictions on general and specific authorization. | DOE | A general or specific authorization granted by the Secretary under this part: (a) Is limited to activities involving only unclassified information and does not permit furnishing classified information; (b) Does not relieve a person from complying with the relevant laws or the regulations of other U.S. Government agencies applicable to exports; and (c) Does not authorize a person to engage in any activity when the person knows or has reason to know that the activity is intended to provide assistance in designing, developing, fabricating, or testing a nuclear explosive device. | |||||||
| 10:10:5.0.2.5.24.0.16.9 | 10 | Energy | III | 810 | PART 810—ASSISTANCE TO FOREIGN ATOMIC ENERGY ACTIVITIES | § 810.9 Grant of specific authorization. | DOE | (a) An application for authorization to engage in activities for which specific authorization is required under § 810.7 should be made to the U.S. Department of Energy, National Nuclear Security Administration, Washington, DC 20585, Attention: Senior Policy Advisor, Office of Nonproliferation and Arms Control (NPAC). (b) The Secretary will approve an application for specific authorization if it is determined, with the concurrence of the Department of State and after consultation with the Nuclear Regulatory Commission, Department of Commerce, and Department of Defense, that the activity will not be inimical to the interest of the United States. In making such a determination, the Secretary will take into account the following factors: (1) Whether the United States has an agreement for cooperation in force covering exports to the country or entity involved; (2) Whether the country is a party to, or has otherwise adhered to, the NPT; (3) Whether the country is in good standing with its acknowledged nonproliferation commitments; (4) Whether the country is in full compliance with its obligations under the NPT; (5) Whether the country has accepted IAEA safeguards obligations on all nuclear materials used for peaceful purposes and has them in force; (6) Whether other nonproliferation controls or conditions exist on the proposed activity, including that the recipient is duly authorized by the country to receive and use the technology sought to be transferred; (7) Significance of the assistance or transferred technology relative to the existing nuclear capabilities of the country; (8) Whether the transferred technology is part of an existing cooperative enrichment enterprise or the supply chain of such an enterprise; (9) The availability of comparable assistance or technology from other sources; and (10) Any other factors that may bear upon the political, economic, competitiveness, or security interests of the United States, including the obligations of the United States under treaties or other international ag… | |||||||
| 21:21:8.0.1.1.8.1.1.1 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | A | Subpart A—General Provisions | § 810.1 Scope. | FDA | Part 810 describes the procedures that the Food and Drug Administration will follow in exercising its medical device recall authority under section 518(e) of the Federal Food, Drug, and Cosmetic Act. | ||||
| 21:21:8.0.1.1.8.1.1.2 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | A | Subpart A—General Provisions | § 810.2 Definitions. | FDA | [61 FR 59018, Nov. 20, 1996, as amended at 78 FR 58821, Sept. 24, 2013] | As used in this part: (a) Act means the Federal Food, Drug, and Cosmetic Act. (b) Agency or FDA means the Food and Drug Administration. (c) Cease distribution and notification strategy or mandatory recall strategy means a planned, specific course of action to be taken by the person named in a cease distribution and notification order or in a mandatory recall order, which addresses the extent of the notification or recall, the need for public warnings, and the extent of effectiveness checks to be conducted. (d) Consignee means any person or firm that has received, purchased, or used a device that is subject to a cease distribution and notification order or a mandatory recall order. Consignee does not mean lay individuals or patients, i.e., nonhealth professionals. (e) Correction means repair, modification, adjustment, relabeling, destruction, or inspection (including patient monitoring) of a device, without its physical removal from its point of use to some other location. (f) Device user facility means a hospital, ambulatory surgical facility, nursing home, or outpatient treatment or diagnostic facility that is not a physician's office. (g) Health professionals means practitioners, including physicians, nurses, pharmacists, dentists, respiratory therapists, physical therapists, technologists, or any other practitioners or allied health professionals that have a role in using a device for human use. (h) Human cell, tissue, or cellular or tissue-based product (HCT/P) regulated as a device means an HCT/P as defined in § 1271.3(d) of this chapter that does not meet the criteria in § 1271.10(a) and that is also regulated as a device. (i) Reasonable probability means that it is more likely than not that an event will occur. (j) Serious, adverse health consequence means any significant adverse experience, including those that may be either life-threatening or involve permanent or long-term injuries, but excluding injuries that are nonlife-threatening and that are temporary and reasonabl… | |||
| 21:21:8.0.1.1.8.1.1.3 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | A | Subpart A—General Provisions | § 810.3 Computation of time. | FDA | In computing any period of time prescribed or allowed by this part, the day of the act or event from which the designated period of time begins to run shall not be included. The computation of time is based only on working days. | ||||
| 21:21:8.0.1.1.8.1.1.4 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | A | Subpart A—General Provisions | § 810.4 Service of orders. | FDA | Orders issued under this part will be served in person by a designated employee of FDA, or by certified or registered mail or similar mail delivery service with a return receipt record reflecting receipt, to the named person or designated agent at the named person's or designated agent's last known address in FDA's records. | ||||
| 21:21:8.0.1.1.8.2.1.1 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.10 Cease distribution and notification order. | FDA | [61 FR 59018, Nov. 20, 1996, as amended at 78 FR 58821, Sept. 24, 2013] | (a) If, after providing the appropriate person with an opportunity to consult with the agency, FDA finds that there is a reasonable probability that a device intended for human use would cause serious, adverse health consequences or death, the agency may issue a cease distribution and notification order requiring the person named in the order to immediately: (1) Cease distribution of the device; (2) Notify health professionals and device user facilities of the order; and (3) Instruct these professionals and device user facilities to cease use of the device. (b) FDA will include the following information in the order: (1) The requirements of the order relating to cessation of distribution and notification of health professionals and device user facilities; (2) Pertinent descriptive information to enable accurate and immediate identification of the device subject to the order, including, where known: (i) The brand name of the device; (ii) The common name, classification name, or usual name of the device; (iii) The model, catalog, or product code numbers of the device; (iv) The manufacturing lot numbers or serial numbers of the device or other identification numbers; and (v) The unique device identifier (UDI) that appears on the device label or on the device package; and (3) A statement of the grounds for FDA's finding that there is a reasonable probability that the device would cause serious, adverse health consequences or death. (c) FDA may also include in the order a model letter for notifying health professionals and device user facilities of the order and a requirement that notification of health professionals and device user facilities be completed within a specified timeframe. The model letter will include the key elements of information that the agency in its discretion has determined, based on the circumstances surrounding the issuance of each order, are necessary to inform health professionals and device user facilities about the order. (d) FDA may also require that the person named in the ce… | |||
| 21:21:8.0.1.1.8.2.1.2 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.11 Regulatory hearing. | FDA | (a) Any request for a regulatory hearing shall be submitted in writing to the agency employee identified in the order within the timeframe specified by FDA. Under § 16.22(b) of this chapter, this timeframe ordinarily will not be fewer than 3 working days after receipt of the cease distribution and notification order. However, as provided in § 16.60(h) of this chapter, the Commissioner of Food and Drugs or presiding officer may waive, suspend, or modify any provision of part 16 under § 10.19 of this chapter, including those pertaining to the timing of the hearing. As provided in § 16.26(a), the Commissioner or presiding officer may deny a request for a hearing, in whole or in part, if he or she determines that no genuine and substantial issue of fact is raised by the material submitted in the request. (b) If a request for a regulatory hearing is granted, the regulatory hearing shall be limited to: (1) Reviewing the actions required by the cease distribution and notification order, determining if FDA should affirm, modify, or vacate the order, and addressing an appropriate cease distribution and notification strategy; and (2) Determining whether FDA should amend the cease distribution and notification order to require a recall of the device that was the subject of the order. The hearing may also address the actions that might be required by a recall order, including an appropriate recall strategy, if FDA later orders a recall. (c) If a request by the person named in a cease distribution and notification order for a regulatory hearing is granted, the regulatory hearing will be conducted in accordance with the procedures set out in section 201(x) of the act (21 U.S.C. 321(x)) and part 16 of this chapter, except that the order issued under § 810.10, rather than a notice under § 16.22(a) of this chapter, provides the notice of opportunity for a hearing and is part of the administrative record of the regulatory hearing under § 16.80(a) of this chapter. As provided in § 16.60(h) of this chapter, the Commissioner of F… | ||||
| 21:21:8.0.1.1.8.2.1.3 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.12 Written request for review of cease distribution and notification order. | FDA | (a) In lieu of requesting a regulatory hearing under § 810.11, the person named in a cease distribution and notification order may submit a written request to FDA asking that the order be modified or vacated. Such person shall address the written request to the agency employee identified in the order and shall submit the request within the timeframe specified in the order, unless FDA and the person named in the order agree to a later date. (b) A written request for review of a cease distribution and notification order shall identify each ground upon which the requestor relies in asking that the order be modified or vacated, as well as addressing an appropriate cease distribution and notification strategy, and shall address whether the order should be amended to require a recall of the device that was the subject of the order and the actions required by such a recall order, including an appropriate recall strategy. (c) The agency official who issued the cease distribution and notification order shall provide the requestor written notification of the agency's decision to affirm, modify, or vacate the order or amend the order to require a recall of the device within 15 working days of receipt of the written request. The agency official shall include in this written notification: (1) A statement of the grounds for the decision to affirm, modify, vacate, or amend the order; and (2) The requirements of any modified or amended order. | ||||
| 21:21:8.0.1.1.8.2.1.4 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.13 Mandatory recall order. | FDA | (a) If the person named in a cease distribution and notification order does not request a regulatory hearing or submit a request for agency review of the order, or, if the Commissioner of Food and Drugs or the presiding officer denies a request for a hearing, or, if after conducting a regulatory hearing under § 810.11 or completing agency review of a cease distribution and notification order under § 810.12, FDA determines that the order should be amended to require a recall of the device with respect to which the order was issued, FDA shall amend the order to require such a recall. FDA shall amend the order to require such a recall within 15 working days of issuance of a cease distribution and notification order if a regulatory hearing or agency review of the order is not requested, or within 15 working days of denying a request for a hearing, or within 15 working days of completing a regulatory hearing under § 810.11, or within 15 working days of receipt of a written request for review of a cease distribution and notification order under § 810.12. (b) In a mandatory recall order, FDA may: (1) Specify that the recall is to extend to the wholesale, retail, or user level; (2) Specify a timetable in accordance with which the recall is to begin and be completed; (3) Require the person named in the order to submit to the agency a proposed recall strategy, as described in § 810.14, and periodic reports describing the progress of the mandatory recall, as described in § 810.16; and (4) Provide the person named in the order with a model recall notification letter that includes the key elements of information that FDA has determined are necessary to inform health professionals and device user facilities. (c) FDA will not include in a mandatory recall order a requirement for: (1) Recall of a device from individuals; or (2) Recall of a device from device user facilities, if FDA determines that the risk of recalling the device from the facilities presents a greater health risk than the health risk of not recalling the… | ||||
| 21:21:8.0.1.1.8.2.1.5 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.14 Cease distribution and notification or mandatory recall strategy. | FDA | (a) General. The person named in a cease distribution and notification order issued under § 810.10 shall comply with the order, which FDA will fashion as appropriate for the individual circumstances of the case. The person named in a cease distribution and notification order modified under § 810.11(e) or § 810.12(c) or a mandatory recall order issued under § 810.13 shall develop a strategy for complying with the order that is appropriate for the individual circumstances and that takes into account the following factors: (1) The nature of the serious, adverse health consequences related to the device; (2) The ease of identifying the device; (3) The extent to which the risk presented by the device is obvious to a health professional or device user facility; and (4) The extent to which the device is used by health professionals and device user facilities. (b) Submission and review. (1) The person named in the cease distribution and notification order modified under § 810.11(e) or § 810.12(c) or mandatory recall order shall submit a copy of the proposed strategy to the agency within the timeframe specified in the order. (2) The agency will review the proposed strategy and make any changes to the strategy that it deems necessary within 7 working days of receipt of the proposed strategy. The person named in the order shall act in accordance with a strategy determined by FDA to be appropriate. (c) Elements of the strategy. A proposed strategy shall meet all of the following requirements: (1)(i) The person named in the order shall specify the level in the chain of distribution to which the cease distribution and notification order or mandatory recall order is to extend as follows: (A) Consumer or user level, e.g., health professionals, consignee, or device user facility level, including any intermediate wholesale or retail level; or (B) Retail level, to the level immediately preceding the consumer or user level, and including any intermediate level; or (C) Wholesale level. (ii) The person named in the o… | ||||
| 21:21:8.0.1.1.8.2.1.6 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.15 Communications concerning a cease distribution and notification or mandatory recall order. | FDA | (a) General. The person named in a cease distribution and notification order issued under § 810.10 or a mandatory recall order issued under § 810.13 is responsible for promptly notifying each health professional, device user facility, consignee, or individual, as appropriate, of the order. In accordance with § 810.10(c) or § 810.13(b)(4), FDA may provide the person named in the cease distribution and notification or mandatory recall order with a model letter for notifying each health professional, device user facility, consignee, or individual, as appropriate, of the order. However, if FDA does not provide the person named in the cease distribution and notification or mandatory recall order with a model letter, the person named in a cease distribution and notification order issued under § 810.10, or a mandatory recall order issued under § 810.13, is responsible for providing such notification. The purpose of the communication is to convey: (1) That FDA has found that there is a reasonable probability that use of the device would cause a serious, adverse health consequence or death; (2) That the person named in the order has ceased distribution of the device; (3) That health professionals and device user facilities should cease use of the device immediately; (4) Where appropriate, that the device is subject to a mandatory recall order; and (5) Specific instructions on what should be done with the device. (b) Implementation. The person named in a cease distribution and notification order, or a mandatory recall order, shall notify the appropriate person(s) of the order by verified written communication, e.g., telegram, mailgram, or fax. The written communication and any envelope in which it is sent or enclosed shall be conspicuously marked, preferably in bold red ink: “URGENT—[DEVICE CEASE DISTRIBUTION AND NOTIFICATION ORDER] or [MANDATORY DEVICE RECALL ORDER].” Telephone calls or other personal contacts may be made in addition to, but not as a substitute for, the verified written communication, and shall … | ||||
| 21:21:8.0.1.1.8.2.1.7 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.16 Cease distribution and notification or mandatory recall order status reports. | FDA | (a) The person named in a cease distribution and notification order issued under § 810.10 or a mandatory recall order issued under § 810.13 shall submit periodic status reports to FDA to enable the agency to assess the person's progress in complying with the order. The frequency of such reports and the agency official to whom such reports shall be submitted will be specified in the order. (b) Unless otherwise specified in the order, each status report shall contain the following information: (1) The number and type of health professionals, device user facilities, consignees, or individuals notified about the order and the date and method of notification; (2) The number and type of health professionals, device user facilities, consignees, or individuals who have responded to the communication and the quantity of the device on hand at these locations at the time they received the communication; (3) The number and type of health professionals, device user facilities, consignees, or individuals who have not responded to the communication; (4) The number of devices returned or corrected by each health professional, device user facility, consignee, or individual contacted, and the quantity of products accounted for; (5) The number and results of effectiveness checks that have been made; and (6) Estimated timeframes for completion of the requirements of the cease distribution and notification order or mandatory recall order. (c) The person named in the cease distribution and notification order or recall order may discontinue the submission of status reports when the agency terminates the order in accordance with § 810.17. | ||||
| 21:21:8.0.1.1.8.2.1.8 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.17 Termination of a cease distribution and notification or mandatory recall order. | FDA | (a) The person named in a cease distribution and notification order issued under § 810.10 or a mandatory recall order issued under § 810.13 may request termination of the order by submitting a written request to FDA. The person submitting a request shall certify that he or she has complied in full with all of the requirements of the order and shall include a copy of the most current status report submitted to the agency under § 810.16. A request for termination of a recall order shall include a description of the disposition of the recalled device. (b) FDA may terminate a cease distribution and notification order issued under § 810.10 or a mandatory recall order issued under § 810.13 when the agency determines that the person named in the order: (1) Has taken all reasonable efforts to ensure and to verify that all health professionals, device user facilities, consignees, and, where appropriate, individuals have been notified of the cease distribution and notification order, and to verify that they have been instructed to cease use of the device and to take other appropriate action; or (2) Has removed the device from the market or has corrected the device so that use of the device would not cause serious, adverse health consequences or death. (c) FDA will provide written notification to the person named in the order when a request for termination of a cease distribution and notification order or a mandatory recall order has been granted or denied. FDA will respond to a written request for termination of a cease distribution and notification or recall order within 30 working days of its receipt. | ||||
| 21:21:8.0.1.1.8.2.1.9 | 21 | Food and Drugs | I | H | 810 | PART 810—MEDICAL DEVICE RECALL AUTHORITY | B | Subpart B—Mandatory Medical Device Recall Procedures | § 810.18 Public notice. | FDA | The agency will make available to the public in the weekly FDA Enforcement Report a descriptive listing of each new mandatory recall issued under § 810.13. The agency will delay public notification of orders when the agency determines that such notification may cause unnecessary and harmful anxiety in individuals and that initial consultation between individuals and their health professionals is essential. | ||||
| 28:28:2.0.6.5.6.0.127.1 | 28 | Judicial Administration | VIII | 810 | PART 810—COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS | § 810.1 Supervision contact requirements. | CSOSA | If you are an offender under supervision by the Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”), CSOSA will establish a supervision level for you and your minimum contact requirement (that is, the minimum frequency of face-to-face interactions between you and a Community Supervision Officer (“CSO”)). | |||||||
| 28:28:2.0.6.5.6.0.127.2 | 28 | Judicial Administration | VIII | 810 | PART 810—COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS | § 810.2 Accountability contract. | CSOSA | (a) Your CSO will instruct you to acknowledge your responsibilities and obligations of being under supervision (whether through probation, parole, or supervised release as granted by the releasing authority) by agreeing to an accountability contract with CSOSA. (b) The CSO is responsible for monitoring your compliance with the conditions of supervision. The accountability contract identifies the following specific activities constituting substance abuse or non-criminal violations of your conditions of supervision. (1) Substance abuse violations. (i) Positive drug test. (ii) Failure to report for drug testing. (iii) Failure to appear for treatment sessions. (iv) Failure to complete inpatient/outpatient treatment programming. (2) Non-criminal violations. (i) Failure to report to the CSO. (ii) Leaving the judicial district without the permission of the court or the CSO. (iii) Failure to work regularly or attend training and/or school. (iv) Failure to notify the CSO of change of address and/or employment. (v) Frequenting places where controlled substances are illegally sold, used, distributed, or administered. (vi) Associating with persons engaged in criminal activity. (vii) Associating with a person convicted of a felony without the permission of the CSO. (viii) Failure to notify the CSO within 48 hours of being arrested or questioned by a law enforcement officer. (ix) Entering into an agreement to act as an informer or special agent of a law enforcement agency without the permission of the Court or the United States Parole Commission (“USPC”). (x) Failure to adhere to any general or special condition of release. (c) The accountability contract will identify a schedule of administrative sanctions ( see § 810.3(b)) which may be imposed for your first violation and for subsequent violations. (d) The accountability contract will provide for a reduction in your supervision level and/or the removal of previously imposed sanctions if: (1) You maintain compliance for at least ninety days, (2) The Su… | |||||||
| 28:28:2.0.6.5.6.0.127.3 | 28 | Judicial Administration | VIII | 810 | PART 810—COMMUNITY SUPERVISION: ADMINISTRATIVE SANCTIONS | § 810.3 Consequences of violating the conditions of supervision. | CSOSA | (a) If your CSO has reason to believe that you are failing to abide by the general or specific conditions of release or you are engaging in criminal activity, you will be in violation of the conditions of your supervision. Your CSO may then impose administrative sanctions (see paragraph (b) of this section) and/or request a hearing by the releasing authority. This hearing may result in the revocation of your release or changes to the conditions of your release. (b) Administrative sanctions available to the CSO include: (1) Daily check-in with supervision for a specified period of time; (2) Increased group activities for a specified period of time; (3) Increased drug testing; (4) Increased supervision contact requirements; (5) Referral for substance abuse addiction or other specialized assessments; (6) Electronic monitoring for a specified period of time; (7) Community service for a specified number of hours; (8) Placement in a residential sanctions facility or residential treatment facility for a specified period of time. (9) Travel restrictions. (c) You remain subject to further action by the releasing authority. For example, the USPC may override the imposition of any of the sanctions in paragraph (b) of this section and issue a warrant or summons if you are a parolee and it finds that you are a risk to the public safety or that you are not complying in good faith with the sanctions ( see 28 CFR 2.85(a)(15)). | |||||||
| 29:29:3.1.1.3.55.1.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | A | Subpart A—General | § 810.1 Introduction. | DOL-WHD | This part provides the Department of Labor's rules to implement and administer the high-wage components of the labor value content requirements, as provided in the Agreement between the United States of America, the United Mexican States, and Canada, and the United States-Mexico-Canada Agreement Implementation Act. | ||||
| 29:29:3.1.1.3.55.1.489.2 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | A | Subpart A—General | § 810.2 Purpose and scope. | DOL-WHD | (a) The USMCA replaces the 1994 North American Free Trade Agreement. The USMCA Preamble states that the parties to the agreement are resolved to, among other things, “facilitate trade in goods and services between the Parties by preventing, identifying, and eliminating unnecessary technical barriers to trade, enhancing transparency, and promoting good regulatory practices,” and that the Parties are resolved to “promote the protection and enforcement of labor rights, the improvement of working conditions, the strengthening of cooperation and the Parties' capacity on labor issues.” (b) The purpose of the USMCA Implementation Act is to implement the USMCA. Section 202A of the Act, codified at 19 U.S.C. 4532, in part implements Article 7 of the Automotive Appendix. This Article establishes a labor value content requirement for passenger vehicles, light trucks, and heavy trucks, pursuant to which an importer can obtain preferential tariff treatment for a covered vehicle only if it meets certain minimum percentage benchmarks concerning the portion of the vehicle produced by workers who meet certain wage requirements, as described in subparts B, C, and D. | ||||
| 29:29:3.1.1.3.55.1.489.3 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | A | Subpart A—General | § 810.3 Definitions and use of terms. | DOL-WHD | As used in this part— Administrative law judge. Administrative law judge means a Department of Labor official appointed pursuant to 5 U.S.C. 3105. Administrator. Administrator means the Administrator of the Wage and Hour Division, United States Department of Labor, and such authorized representatives as may be designated to perform any of the functions of the Administrator under this part. Alternative staging regime. Alternative staging regime means the alternative to the standard staging regime, and provides for a different phase-in of the LVC requirements and additional time to meet those requirements. Annual purchase value. Annual purchase value, as defined in the Uniform Regulations, means the sum of the values of high-wage materials purchased annually by a producer for use in the production of passenger vehicles, light trucks, or heavy trucks in a plant located in the territory of a USMCA Country. Automotive Appendix. Automotive Appendix means the Appendix to Annex 4-B of the USMCA. Automotive good. Automotive good means a covered vehicle or a part, component, or material listed in the Automotive Appendix. CBP. CBP means United States Customs and Border Protection, including its Commissioner. Covered vehicle. Covered vehicle means a passenger vehicle, light truck, or heavy truck. Department. Department means the United States Department of Labor. High-wage components of the LVC requirements. High-wage components of the LVC requirements means the high-wage components of material and manufacturing expenditures, information technology expenditures, and assembly expenditures. LVC. LVC means labor value content. Plant and/or Facility. These terms are used interchangeably throughout this part and invoke the terms' meanings as found in the USMCA, Uniform Regulations, and applicable CBP guidance and regulations. Producer. Producer means an individual or entity who engages in the production and/or assembly of automotive goods in North America. Except where indicated otherwise, the term “prod… | ||||
| 29:29:3.1.1.3.55.2.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.100 Scope and purpose of this subpart. | DOL-WHD | (a) Section 202A(e) of the USMCA Implementation Act authorizes the Secretary, in cooperation with the Secretary of the Treasury, to participate in a verification of whether covered vehicle production complies with the high-wage components of the LVC requirements set forth in Article 7 of the Automotive Appendix or, if the producer is subject to the alternative staging regime, under Articles 7 and 8 of the Automotive Appendix. This subpart addresses calculation of the high-wage material and manufacturing expenditures component of the LVC (referred to in the Uniform Regulations as high-wage material and labor expenditures). (b) The regulations in this subpart describe how producers can meet the high-wage-related aspect of the material and manufacturing expenditures component, which concerns whether workers engaged in direct production work at a plant or facility included in a producer's material and manufacturing expenditures calculation earn an average hourly base wage rate of at least US$16 per hour. All other aspects of material and manufacturing expenditures are addressed in the Uniform Regulations and regulations and/or guidance issued by CBP or other federal agencies. | ||||
| 29:29:3.1.1.3.55.2.489.10 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.145 Currency exchange. | DOL-WHD | The high-wage component of material and manufacturing expenditures (and assembly expenditures under § 810.300) is expressed in U.S. dollars—US$16 per hour. Rules governing currency exchange are set forth and addressed in the Uniform Regulations and regulations and/or guidance issued by the Department of the Treasury and/or CBP. | ||||
| 29:29:3.1.1.3.55.2.489.11 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.150 Adjustment of the average hourly base wage rate. | DOL-WHD | If the USMCA Countries agree to adjust the dollar amount of the average hourly base wage rate requirement, WHD will publish a notice of the adjusted rate in the Federal Register. The regulations in this part will apply with respect to the adjusted rate in the same manner they applied with respect to the US$16 per hour rate. | ||||
| 29:29:3.1.1.3.55.2.489.2 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.105 Calculating the average hourly base wage rate. | DOL-WHD | (a) The average hourly base wage rate (also referred to in the USMCA as the production wage rate, and in the Uniform Regulations as the average base hourly wage rate) is calculated by dividing the total base wages paid for all hours worked in direct production at a plant or facility by the total number of hours worked in direct production at that plant or facility. The average hourly base wage rate must be at least US$16 per hour for the plant or facility to count toward a producer's LVC obligation. (b) The three components of this calculation are computed as follows: (1) Hourly base wage rate is the rate of compensation a worker is paid for each hour worked in direct production. (i) Benefits, bonuses, premium payments, incentive pay, overtime premiums, and all other similar payments are excluded from the hourly base wage rate. (ii) Amounts deducted from a worker's pay that are for the benefit of the worker and are reasonable may be included in the hourly base wage rate. The principles in determining whether deductions are for the benefit of the worker and are reasonable, and thus may be included as part of the hourly base wage rate, are explained in more detail in 29 CFR part 531. (2) Hours worked in direct production means all time a worker spends personally involved in the production of passenger vehicles, light trucks, heavy trucks, or parts used in the production of these vehicles at a plant or facility located in a USMCA Country, or directly involved in the set-up, operation, or maintenance of equipment or tools used in the production of those vehicles or parts at that plant or facility. The total number of hours worked in direct production at a plant or facility, as referenced in paragraph (a) of this section, is calculated by adding together hours in direct production (as calculated under paragraphs (b)(2)(i) and (ii)) for all workers who perform direct production work at that plant or facility. (i) Except for workers described in § 810.130, if at least 85 percent of a worker's total work hours … | ||||
| 29:29:3.1.1.3.55.2.489.3 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.110 Examples of direct production work. | DOL-WHD | (a) Direct production work includes production of passenger vehicles, light trucks, or heavy trucks, or parts for these vehicles, as well as the set-up, operation or maintenance of tools or equipment used in the production of those vehicles and parts. The work may take place on a production line, at a workstation, on the shop floor, or in another production area. Direct production work includes material handling of vehicles or parts; inspections of vehicles or parts, including inspections that are normally categorized as quality control and, for heavy trucks, pre-sale inspections carried out at the place where the vehicle is produced; on-the-job training regarding the execution of a specific production task; and maintaining and ensuring the operation of the production line or production area and the operation of tools and equipment used in the production of vehicles or parts, including the cleaning of the line or production area and the places around it. (b) Except for workers described in § 810.130, time spent (by, for example, line supervisors and team leads) providing on-the-job training regarding the execution of a specific production task or relieving a worker in the performance of direct production duties is direct production work. Time spent managing or supervising workers is not direct production work. | ||||
| 29:29:3.1.1.3.55.2.489.4 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.115 Paid meal time and paid break time. | DOL-WHD | Paid meal time and paid break time are counted as direct production work for purposes of determining whether at least 85 percent of a worker's total work hours are hours worked in direct production. However, if less than 85 percent of a worker's total work hours are worked in direct production, paid meal time and paid break time are not included in the average hourly base wage rate calculation. | ||||
| 29:29:3.1.1.3.55.2.489.5 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.120 Part-time, temporary, seasonal, and contract workers. | DOL-WHD | (a) Part-time, temporary, and seasonal workers. Hours of part-time workers, temporary workers, and seasonal workers are treated the same as hours of full-time workers for purposes of calculating the average hourly base wage rate. (b) Employees. The average hourly base wage rate calculation includes workers' hours regardless of whether the workers have an employment relationship with the producer. | ||||
| 29:29:3.1.1.3.55.2.489.6 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.125 Workers paid on a non-hourly basis. | DOL-WHD | (a) General. If any worker performing direct production work is compensated by a method other than hourly, such as a salary, piece-rate, or day-rate basis, the worker's hourly base wage rate shall be calculated by converting the salary, piece-rate, or day-rate to an hourly equivalent. This hourly equivalent is then multiplied by the number of hours worked in direct production for purposes of calculating the average hourly base wage rate. (b) Examples. (1) Where the salary, piece-rate, or day-rate wage is paid to a worker on a weekly or bi-weekly pay period basis, the total salary, piece-rate, or day-rate compensation for that pay period will be divided by the total number of hours worked in the pay period to determine the hourly equivalent. (2) Where the salary, piece-rate, or day-rate wage is paid to a worker on a semi-monthly pay period basis, the total salary, piece-rate, or day-rate compensation will be converted to a weekly equivalent by multiplying the compensation by 24 (semi-monthly pay periods in a year) and dividing by 52 (weeks per year). This weekly equivalent will be divided by the total number of hours worked in the week to determine the hourly equivalent. (3) Where the salary, piece-rate, or day-rate wage is paid to a worker on a monthly pay period basis, the total salary, piece-rate, or day-rate compensation will be converted to a weekly equivalent by multiplying the compensation by 12 (monthly pay periods in a year) and dividing by 52 (weeks per year). This weekly equivalent will be divided by the total number of hours worked in the week to determine the hourly equivalent. | ||||
| 29:29:3.1.1.3.55.2.489.7 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.130 Executive, Management, Research and Development, Engineering, and Other Personnel. | DOL-WHD | The average hourly base wage rate does not include any hours worked by: (a) Executive or management staff who generally have the authority to make final decisions to hire, fire, promote, transfer and discipline employees; (b) Workers engaged in research and development; or (c) Engineers, mechanics, or technicians, if such personnel are not responsible for maintaining and ensuring the operation of the production line or tools and equipment used in the production of vehicles or parts. | ||||
| 29:29:3.1.1.3.55.2.489.8 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.135 Interns, students, and trainees. | DOL-WHD | Hours worked by an intern, student, or trainee who does not have an express or implied compensation agreement with the employer are not considered hours worked in direct production, and therefore are not included in the average hourly base wage rate calculation. | ||||
| 29:29:3.1.1.3.55.2.489.9 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | B | Subpart B—Calculating the High-Wage Component of Material and Manufacturing Expenditures | § 810.140 High-wage transportation or related costs for shipping a high-wage part or material. | DOL-WHD | (a) High-wage transportation or related costs for shipping a high-wage part or material within the USMCA Countries may be used to calculate high-wage material and manufacturing costs if those costs are not otherwise included in the annual purchase value. (b) Where the requirements of paragraph (a) of this section are met, the producer may claim in its calculation of high-wage material and manufacturing expenditures high-wage transportation or related costs for shipping a high-wage part or material within the USMCA Countries, for each transportation, logistics, or material handling provider that paid an average hourly base wage rate of at least US$16 per hour to its direct production workers performing these services. Such workers would include drivers and loaders. | ||||
| 29:29:3.1.1.3.55.3.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | C | Subpart C—Calculating the High-Wage Technology Expenditures Credit | § 810.200 High-wage technology expenditures credit. | DOL-WHD | (a) A producer may receive a 10 percent credit towards its total LVC requirement by demonstrating that the sum of its annual expenditures in North America on wages for research and development and information technology is equal to or greater than 10 percent of its annual expenditures on production wages in North America. If a producer's annual expenditures in North America on wages for research and development and information technology is less than 10 percent of the producer's annual expenditures in North America on production wages, then the producer is eligible for a credit equal to the actual percentage of the producer's annual expenditures in North America on wages for research and development and information technology as a percentage of its total annual expenditures in North America on production wages. (b) The three components of this calculation are computed as follows: (1) Annual expenditures in North America on wages for research and development means total annual corporate spending in North America on wages for research and development, including prototype development, design, engineering, testing, or certifying operations. (2) Annual expenditures in North America on wages for information technology means total annual corporate spending in North America on wages for information technology, including software development, technology integration, vehicle communications, and information technology support operations. (3) Annual expenditures on production wages in North America means total annual corporate spending on wages for production of passenger vehicles, light trucks, and heavy trucks in North America. | ||||
| 29:29:3.1.1.3.55.4.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | D | Subpart D—Calculating the High-Wage Assembly Expenditures Credit | § 810.300 High-wage assembly expenditures credit. | DOL-WHD | (a) A producer may receive a single credit of five percent towards the total LVC requirement if it demonstrates any one of the following: (1) Operation of (or a long term contract with) a “high-wage” engine assembly plant in North America with a minimum annual production capacity of originating engines; (2) Operation of (or a long term contract with) a “high-wage” transmission assembly plant in North America with a minimum annual production capacity of originating transmissions; or (3) Operation of (or a long term contract with) a “high-wage” advanced battery assembly plant in North America with a minimum annual production capacity of originating advanced battery packs. (b) A plant is “high-wage” for purposes of this section if it has an average hourly base wage rate of at least US$16 per hour for the entire plant. The US$16 per hour average hourly base wage rate for high-wage assembly expenditures credit is determined by calculating the average hourly base wage rate in the same manner as detailed in § 810.105. (c) Minimum annual production capacity levels are set forth in the USMCA and in guidance issued by CBP and are outside the Department's authority. (d) The definition of “long term contract” is set forth in the Uniform Regulations. (e) If a plant used by a producer to satisfy the material and manufacturing expenditures component of the LVC requirement meets the requirements of paragraph (a) of this section, the producer may use that plant to qualify for the high-wage assembly expenditures credit. | ||||
| 29:29:3.1.1.3.55.5.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | E | Subpart E—Certification Provisions | § 810.400 Scope and purpose of this subpart. | DOL-WHD | Section 202A(c)(1)(B) of the USMCA Implementation Act requires the Secretary, in consultation with CBP, to ensure that a vehicle producer's LVC certification does not contain omissions or errors before the certification is considered properly filed. The regulations in this subpart describe the scope of the Secretary's review under this statutory provision, and what certification information a vehicle producer submits to CBP related to that review. All matters other than reviewing the high-wage components of the LVC certification for omissions or errors are outside of the Secretary's purview, and are addressed in the Uniform Regulations and regulations and/or guidance issued by CBP or other federal agencies. | ||||
| 29:29:3.1.1.3.55.5.489.2 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | E | Subpart E—Certification Provisions | § 810.405 Certification. | DOL-WHD | (a) To satisfy its certification obligation under section 202A(c)(1)(B)(i) of the USMCA Implementation Act pertaining to the high-wage components of the LVC requirements, WHD will review for omissions or errors the following information relating to the high-wage components of the LVC requirements, which the producer of the covered vehicle (rather than the importer or exporter) submits to CBP. (1) The certifying vehicle producer's name, corporate address, Federal Employer Identification Number or alternative unique identification number of the producer's choosing, such as a Business Number (BN) issued by the Canada Revenue Agency, Registro Federal de Contribuyentes (RFC) number issued by Mexico's Tax Administration Service (SAT), Legal Entity Identifier (LEI) number issued by the Global Legal Entity Identifier Foundation (GLEIF), or an identification number issued to the person or enterprise by CBP, and a point of contact for the certifying vehicle producer. (2) The vehicle class, model line, and/or other category indicating the motor vehicles covered by the certification. (3) The time period the producer of the covered vehicle is using for its LVC calculations. For purposes of calculating the LVC, a producer of the covered vehicle may use any one of the time periods used for calculating the average hourly base wage rate, as described in § 810.105(d). (4) The name, address, and Federal Employer Identification Number or alternative unique identification number of the producer's choosing, such as a Business Number (BN) issued by the Canada Revenue Agency, Registro Federal de Contribuyentes (RFC) number issued by Mexico's Tax Administration Service (SAT), Legal Entity Identifier (LEI) number issued by the Global Legal Entity Identifier Foundation (GLEIF), or an identification number issued to the person or enterprise by CBP, for each plant or facility the producer of the covered vehicle is relying on to meet the high-wage material and manufacturing expenditures component of the LVC requirements. (5) A statem… | ||||
| 29:29:3.1.1.3.55.5.489.3 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | E | Subpart E—Certification Provisions | § 810.410 Administrator's review for omissions or errors. | DOL-WHD | (a) The Administrator will review the information submitted under § 810.405(a) for omissions or errors. If the Administrator determines that the high-wage components of the certification contain no omissions or errors, WHD will notify CBP that the high-wage components of the certification have been properly filed. (b) If the Administrator determines that the high-wage components of the certification contain an omission or error, and therefore the certification has not been properly filed, WHD will provide written or electronic notice of the deficiency to CBP. CBP will require the producer of the covered vehicle to respond with a modified certification or otherwise. If, upon review of the response, the Administrator determines that the high-wage components of the certification contain no errors or omissions, WHD will notify CBP that the high-wage components of the certification have been properly filed. If, upon review of the response, the Administrator continues to find an omission or error, or if no response is submitted, WHD will provide written or electronic notification to CBP that the high-wage components of the certification have not been properly filed. The producer may appeal the Administrator's determination pursuant to § 810.700. | ||||
| 29:29:3.1.1.3.55.6.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | F | § 810.500 Scope and purpose of this subpart. | DOL-WHD | Section 202A(e)(1) of the USMCA Implementation Act gives the Secretary, in conjunction with the Secretary of the Treasury, authority to verify whether a covered vehicle complied with the LVC requirements set forth in Article 7 of the Automotive Appendix, or if the producer is subject to the alternative staging regime, under Articles 7 and 8 of the Automotive Appendix. The Secretary's role in conducting verifications is limited to verifying compliance with the high-wage components of the LVC requirements. All matters other than the high-wage components of the LVC verification are outside of the Secretary's purview and are addressed in the Uniform Regulations and regulations and/or guidance issued by the Department of the Treasury, CBP, or other federal agencies. | |||||
| 29:29:3.1.1.3.55.6.489.2 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | F | § 810.505 Scope of verification. | DOL-WHD | (a) The Administrator may verify, through investigation, whether the producer complied with the high-wage components of any part of the LVC requirements, including material and manufacturing expenditures, technology expenditures, and assembly expenditures. The producer is responsible for all aspects of compliance with the high-wage components of the LVC requirements at its plants and facilities as well as the plants or facilities of the suppliers and contractors listed in the producer's certification. (1) For verifications of the wage component of high-wage material and manufacturing expenditures, the Administrator may verify whether the average hourly base wage rate in any plant or facility relied on by the producer in its certification meets the US$16 per hour requirement. If the producer's certification includes transportation or related costs for shipping as part of its LVC calculation, the Administrator may verify whether any transportation, logistics, or material handling provider relied on by the producer in its certification meets the US$16 per hour requirement. (2) For verifications of high-wage technology expenditures, the Administrator may verify that a producer properly claimed a credit for annual expenditures on wages for research and development, information technology, and production in North America. (3) For verifications of high-wage assembly expenditures, the Administrator may verify whether an engine, transmission, or advanced battery assembly facility that a producer relied on in its certification has an average hourly base wage rate of at least US$16 per hour. (b) The Administrator may, as appropriate: (1) Examine, or cause to be examined, upon 30-day notice, any record (including any statement, declaration, document, or electronically generated or machine-readable data) described in the notice with reasonable specificity. (2) Request information from any officer, worker, or agent of a producer of automotive goods, as necessary, that may be relevant with respect to whether the productio… | |||||
| 29:29:3.1.1.3.55.6.489.3 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | F | § 810.510 Notice to a producer that a verification of compliance with labor value content requirements has been initiated. | DOL-WHD | CBP will notify a producer that a verification of LVC compliance has been initiated, including whether the verification concerns the high-wage components of the producer's LVC certification. This notification applies to verifications of compliance with the LVC referred to the Administrator by CBP, as well as verifications the Administrator has initiated with CBP. | |||||
| 29:29:3.1.1.3.55.6.489.4 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | F | § 810.515 Conduct of verifications. | DOL-WHD | The Administrator shall conduct verifications as may be appropriate and, in connection therewith, enter and inspect any places, inspect any records and make transcriptions or copies thereof, question any persons, and gather any other information as deemed necessary by the Administrator to determine compliance regarding the matters which are the subject of the verification. Upon request by the Administrator, an employer or other entity whose plant or facility is subject to verification shall make available to the Administrator all records, information, persons, and places that the Administrator deems necessary to copy, transcribe, question, or inspect to determine compliance regarding the matters which are the subject of the verification. In conducting any verifications, the Administrator will coordinate with CBP and other federal agencies (including requesting information from such agencies) as appropriate. | |||||
| 29:29:3.1.1.3.55.6.489.5 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | F | § 810.520 Confidentiality. | DOL-WHD | The Administrator shall, to the full extent of the law, protect the confidentiality of any person who provides information to the Department in confidence in the course of a verification or otherwise under this subpart. | |||||
| 29:29:3.1.1.3.55.6.489.6 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | F | § 810.525 Notice provided to CBP regarding the Administrator's findings. | DOL-WHD | The Administrator will provide verification findings and analysis to CBP, which retains the authority to make the final determination of LVC compliance, based in part on the Administrator's verification findings. | |||||
| 29:29:3.1.1.3.55.6.489.7 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | F | § 810.530 Verification of labor value content compliance for producers subject to alternative staging regime. | DOL-WHD | The verification procedures outlined in this subpart apply to producers whether or not they are subject to the alternative staging regime, as outlined in Articles 7 and 8 of the Automotive Appendix. | |||||
| 29:29:3.1.1.3.55.7.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | G | Subpart G—Recordkeeping Requirements | § 810.600 Recordkeeping requirements. | DOL-WHD | (a) General. The Administrator is authorized by section 206(b)(4)(B) of the USMCA Implementation Act to require a producer to make, keep, and render for examination and inspection, records and supporting documentation related to a producer's certification of compliance with the LVC requirements set forth in Article 7 of the Automotive Appendix or, if the producer is subject to the alternative staging regime, under Articles 7 and 8 of the Automotive Appendix. (b) Form of records. No particular order or form of records is required, and records may be maintained in any medium; however, the Administrator prefers electronically generated or machine-readable data. (c) Inspection of records. The records described in this section must be made available to an authorized representative of the Department for inspection, copying, and transcription upon written request to the producer. The request will describe with reasonable specificity the records that are being sought, and the party receiving the request will have 30 days from the date of the written request to provide the requested records, unless the party receiving the request has requested and obtained an extension of this time period at the discretion of the Department. (d) Period of retention. Importers must ensure that records specified in these regulations are kept for 5 years from the date of importation of any vehicle for which preferential tariff treatment was claimed, and exporters and producers must ensure that records specified in these regulations are kept for 5 years from the date on which the certification of origin was completed, or for a longer period if the USMCA Countries so specify. Producers must be able to provide records upon request by the Department, as described in § 810.600(c), but the records may be physically maintained by a supplier or contractor. The Department will accept records directly from a supplier or contractor where, for example, the producer and supplier or contractor have contracted for such an approach. (e) Record… | ||||
| 29:29:3.1.1.3.55.8.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | H | Subpart H—Administrative Review of the Department's Analysis and Findings | § 810.700 Administrative review procedures. | DOL-WHD | (a) Initiation of review. Upon receipt from CBP of a notice of a protest filed under 19 U.S.C. 1514 that meets the requirements of the regulations at 19 CFR part 174 and relates to the Department's analysis of the high-wage components of the LVC requirements, the Department will conduct an administrative review of its initial analysis. (b) Procedure for review. Review of the Department's analysis will be conducted by the Administrator, or the Administrator's designee, as the presiding official. When a presiding official is designated by the Administrator, the official must rank higher than the official who issued the decision that is the subject of the protest. (c) Proceeding before an administrative law judge. In any case where the presiding official determines, in the discretion of that official, that it is appropriate, and there exist disputed questions of fact, the presiding official may refer those questions to the Chief Administrative Law Judge for a recommended decision. (1) Upon receipt from the Administrator, the Chief Administrative Law Judge shall designate an administrative law judge to hear the disputed questions of fact. (2) Hearings held under this subpart shall be conducted under the Department's rules of practice and procedure for administrative hearings found in 29 CFR part 18. (3) The recommended decision of the administrative law judge shall be issued within 120 days of when the Administrator referred the questions of fact to the Chief Administrative Law Judge, or longer with consent of the parties. (4) The recommended decision shall be limited to a determination of the questions of fact presented by the Administrator, and shall include a statement of findings and recommendations, with reasons and bases therefore, for each question of fact presented by the Administrator. (5) The Administrator shall have discretion to accept or reject the findings of the administrative law judge in full or in part. (d) Scope of review. The presiding official, in a review under paragraph (b) of t… | ||||
| 29:29:3.1.1.3.55.9.489.1 | 29 | Labor | V | C | 810 | PART 810—HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT | I | Subpart I—Whistleblower Protections | § 810.800 Prohibited acts. | DOL-WHD | [85 FR 39810, July 1, 2020, as amended at 87 FR 2335, Jan. 14, 2022; 88 FR 2217, Jan. 13, 2023; 89 FR 1817, Jan. 11, 2024; 90 FR 1861, Jan. 10, 2025] | (a) Discrimination. (1) It is unlawful to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against any person because the person has— (i) Disclosed information to a federal agency or to any person relating to a verification of the producer's compliance with the LVC requirements, or (ii) Cooperated or sought to cooperate in a verification concerning the producer's compliance with the LVC requirements. (b) Complaints. (1) Any person who believes that he or she has been discriminated against in violation of this section may file a complaint alleging such discrimination. (2) The complaint shall be filed with WHD. A complaint may be filed at any WHD local office; the address and telephone number of local offices may be found in telephone directories or at the following internet address: http://www.dol.gov/whd. (3) Within 12 months after the alleged discriminatory act occurs, a person who believes that he or she has been discriminated against may file, or have filed by any person on that person's behalf, a complaint alleging such discrimination. The date of the postmark, facsimile transmittal, phone call, or email communication will be considered to be the date of filing. If the complaint is filed in person, by hand-delivery, or other means, the complaint is filed upon receipt. (4) No particular form of complaint is required, and complaints may be filed in person, in writing, or over the telephone. If oral, the complaint shall be reduced to writing by the WHD official who receives the complaint. The complaint shall set forth sufficient facts for the Administrator to determine whether there is reasonable cause to believe that a violation as described in paragraph (a) of this section has been committed and, therefore, that an investigation is warranted. (5) If the Administrator determines that an investigation of a complaint is warranted, the complaint shall be accepted for filing; an investigation shall be conducted and a determination issued within 30 calenda… | |||
| 7:7:7.1.2.8.4.1.80.1 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.101 Grains for which standards are established. | AMS | [57 FR 3274, Jan. 29, 1992] | Grain refers to barley, canola, corn, flaxseed, mixed grain, oats, rye, sorghum, soybeans, sunflower seed, triticale, and wheat. Standards for these food grains, feed grains, and oilseeds are established under the United States Grain Standards Act. | |||
| 7:7:7.1.2.8.4.1.80.2 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.102 Definition of other terms. | AMS | [52 FR 24418, June 30, 1987, as amended at 60 FR 61196, Nov. 29, 1995; 71 FR 52406, Sept. 6, 2006; 72 FR 39732, July 20, 2007] | Unless otherwise stated, the definitions in this section apply to all grains. All other definitions unique to a particular grain are contained in the appropriate subpart for that grain. (a) Distinctly low quality. Grain that is obviously of inferior quality because it is in an unusual state or condition, and that cannot be graded properly by use of other grading factors provided in the standards. Distinctly low quality includes the presence of any objects too large to enter the sampling device; i.e. , large stones, wreckage, or similar objects. (b) Moisture. Water content in grain as determined by an approved device according to procedures prescribed in FGIS instructions. (c) Stones. Concreted earthy or mineral matter and other substances of similar hardness that do not disintegrate in water. (d) Test Weight per bushel. The weight per Winchester bushel (2,150.42 cubic inches) as determined using an approved device according to procedures prescribed in FGIS instructions. Test weight per bushel in the standards for corn, mixed grain, oats, sorghum, and soybeans is determined on the original sample. Test weight per bushel in the standards for barley, flaxseed, rye, sunflower seed, triticale, and wheat is determined after mechanically cleaning the original sample. Test weight per bushel is recorded to the nearest tenth pound for corn, rye, sorghum, soybeans, triticale, and wheat. Test weight per bushel for all other grains, if applicable, is recorded in whole and half pounds with a fraction of a half pound disregarded. Test weight per bushel is not an official factor for canola. (e) Whole kernels. Grain with 1/4 or less of the kernel removed. | |||
| 7:7:7.1.2.8.4.1.81.3 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.103 Basis of determination. | AMS | (a) Distinctly low quality. The determination of distinctly low quality is made on the basis of the lot as a whole at the time of sampling when a condition exists that may or may not appear in the representative sample and/or the sample as a whole. (b) Certain quality determinations. Each determination of rodent pellets, bird droppings, other animal filth, broken glass, castor beans, cockleburs, crotalaria seeds, dockage, garlic, live insect infestation, large stones, moisture, temperature, an unknown foreign substance(s), and a commonly recognized harmful or toxic substance(s) is made on the basis of the sample as a whole. When a condition exists that may not appear in the representative sample, the determination may be made on the basis of the lot as a whole at the time of sampling according to procedures prescribed in FGIS instructions. (c) All other determinations. The basis of determination for all other factors is contained in the individual standards. | ||||
| 7:7:7.1.2.8.4.1.81.4 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.104 Percentages. | AMS | [52 FR 24418, June 30, 1987; 52 FR 28534, July 31, 1987, as amended at 54 FR 24157, June 6, 1989; 57 FR 3274, Jan. 29, 1992; 59 FR 10573, Mar. 7, 1994; 61 FR 18491, Apr. 26, 1996; 63 FR 20056, Apr. 23, 1998] | (a) Rounding. Percentages are determined on the basis of weight and are rounded as follows: (1) When the figure to be rounded is followed by a figure greater than or equal to 5, round to the next higher figure; e.g., report 6.36 as 6.4, 0.35 as 0.4, and 2.45 as 2.5. (2) When the figure to be rounded is followed by a figure less than 5, retain the figure; e.g., report 8.34 as 8.3, and 1.22 as 1.2. (b) Recording. The percentage of dockage in flaxseed and sorghum is reported in whole percent with fractions of a percent being disregarded. Dockage in barley and triticale is reported in whole and half percent with a fraction less than one-half percent being disregarded. Dockage in wheat and rye is reported in whole and tenth percents to the nearest tenth percent. Foreign material in sunflower seed is reported to the nearest one-half percent. Ranges of sunflower seed foreign material are reported as follows: 0.0 to 0.24 is reported as 0.0 percent, 0.25 to 0.74 as 0.5 percent, 0.75 to 1.24 as 1.0 percent, and the like. Foreign material and fines in mixed grain is reported in whole percent. The percentage of smut in barley, sclerotinia and stones in canola, and ergot in all grains is reported to the nearest hundredth percent. The percentage when determining the identity of all grains is reported to the nearest whole percent. Also reported to the nearest whole percent are the classes and subclasses in wheat; flint corn; flint and dent corn; waxy corn; classes in barley; and the percentage of each kind of grain in mixed grain. Plump barley shall be expressed in terms of the range in which it falls. Ranges shall be: Below 50 percent, 50 to 55 percent, 56 to 60 percent, 61 to 65 percent, and the like. All other percentages are reported in tenths percent. | |||
| 7:7:7.1.2.8.4.1.82.5 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.105 Grades and grade requirements. | AMS | The grades and grade requirements for each grain (except mixed grain) and shown in the grade table(s) of the respective standards. Mixed grain grade requirements are not presented in tabular form. | ||||
| 7:7:7.1.2.8.4.1.82.6 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.106 Grade designations. | AMS | [52 FR 24418, June 30, 1987, as amended at 53 FR 15017, Apr. 27, 1988] | (a) Grade designations for grain. The grade designations include in the following order: (1) The letters “U.S.”; (2) The abbreviation “No.” and the number of the grade or the words “Sample grade”; (3) When applicable, the subclass; (4) The class or kind of grain; (5) When applicable, the special grade(s) except in the case of bright, extra heavy, and heavy oats or plump rye, the special grades, “bright”, “extra heavy”, “heavy” and “plump” will precede the word “oats” or “rye” as applicable; and (6) When applicable, the word “dockage” together with the percentage thereof. When applicable, the remarks section of the certificate will include in the order of predominance; in the case of a mixed class, the name and approximate percentage of the classes; in the case of sunflower seed, the percentage of admixture; in the case of mixed grain, the grains present in excess of 10.0 percent of the mixture and when applicable, the words Other grains followed by a statement of the percentage of the combined quantity of those kinds of grains, each of which is present in a quantity less than 10.0 percent; in the case of barley, if requested, the word “plump” with the percentage range thereof; in the case of wheat, if requested, the percentage of protein content. (b) Optional grade designations. In addition to paragraph (a) of this Section, grain may be certificated under certain conditions as described in FGIS instructions when supported by official analysis, as “U.S. No. 2 or better ( type of grain )”, “U.S. No. 3 or better ( type of grain )”, and the like. | |||
| 7:7:7.1.2.8.4.1.83.7 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.107 Special grades and special grade requirements. | AMS | [52 FR 24441, June 30, 1987, as amended at 57 FR 3274, Jan. 29, 1992] | A special grade serves to draw attention to a special factor or condition present in the grain and, when applicable, is supplemental to the grade assigned under § 810.106. Except for the special grade “infested,” the special grades are identified and requirements are established in each respective grain standards. (a) Infested wheat, rye, and triticale. Tolerances for live insects responsible for infested wheat, rye, and triticale are defined according to sampling designations as follows: (1) Representative sample. The representative sample consists of the work portion, and the file sample if needed and when available. These grains will be considered infested if the representative sample (other than shiplots) contains two or more live weevils, or one live weevil and one or more other live insects injurious to stored grain, or two or more live insects injurious to stored grain. (2) Lot as a whole (stationary). The lot as a whole is considered infested when two or more live weevils, or one live weevil and one or more other live insects injurious to stored grain, or two or more other live insects injurious to stored grain are found in, on, or about the lot (excluding submitted samples and shiplots). (3) Sample as a whole (continuous loading/unloading of shiplots and bargelots). The minimum sample size for bargelots and shiplots is 500 grams per each 2,000 bushels of grain. The sample as a whole is considered infested when a component (as defined in FGIS instructions) contains two or more live weevils, or one live weevil and one or more other live insects injurious to stored grain, or two or more other live insects injurious to stored grain. (b) Infested barley, canola, corn, oats, sorghum, soybeans, sunflower seed, and mixed grain. Tolerances for live insects responsible for infested barley, canola, corn, oats, sorghum, soybeans, sunflower seed, and mixed grain are defined according to sampling designations as follows: (1) Representative sample. The representative sample consists of the work portio… | |||
| 7:7:7.1.2.8.4.1.83.8 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | A | Subpart A—General Provisions | § 810.108 Special grade designations. | AMS | Special grade designations are shown as prescribed in § 810.106. Multiple special grade designations will be listed in alphabetical order. In the case of treated wheat, the official certificate shall show whether the wheat has been scoured, limed, washed, sulfured, or otherwise treated. | ||||
| 7:7:7.1.2.8.4.10.115.1 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | J | Subpart J—United States Standards for Soybeans | § 810.1601 Definition of soybeans. | AMS | Grain that consists of 50 percent or more of whole or broken soybeans ( Glycine max (L.) Merr.) that will not pass through an 8/64 round-hole sieve and not more than 10.0 percent of other grains for which standards have been established under the United States Grain Standards Act. | ||||
| 7:7:7.1.2.8.4.10.115.2 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | J | Subpart J—United States Standards for Soybeans | § 810.1602 Definition of other terms. | AMS | [52 FR 24418, June 30, 1987, as amended at 88 FR 45056, July 14, 2023] | (a) Classes. There are two classes for soybeans: Yellow soybeans and Mixed soybeans. (1) Yellow soybeans. Soybeans that have yellow or green seed coats and which, in cross section, are yellow or have a yellow tinge, and may include not more than 10.0 percent of soybeans of other colors. Soybeans of other colors are soybeans that have black or bicolored seedcoats, as well as soybeans that have green seedcoats and are green in cross section. Bicolored soybeans will have seed coats of two colors, one of which is brown or black, and the brown or black color covers 50 percent of the seed coats. The hilum of a soybean is not considered a part of the seed coat for this determination. (2) Mixed soybeans. Soybeans that do not meet the requirements of the class Yellow soybeans. (b) Damaged kernels. Soybeans and pieces of soybeans that are badly ground-damaged, badly weather-damaged, diseased, frost-damaged, germ-damaged, heat-damaged, insect-bored, mold-damaged, sprout-damaged, stinkbug-stung, or otherwise materially damaged. Stinkbug-stung kernels are considered damaged kernels at the rate of one-fourth of the actual percentage of the stung kernels. (c) Foreign material. All matter that passes through an 8/64 round-hole sieve and all matter other than soybeans remaining in the sieved sample after sieving according to procedures prescribed in FGIS instructions. (d) Heat-damaged kernels. Soybeans and pieces of soybeans that are materially discolored and damaged by heat. (e) Purple mottled or stained. Soybeans that are discolored by the growth of a fungus; or by dirt; or by a dirt-like substance(s) including nontoxic inoculants; or by other nontoxic substances. (f) Sieve— 8/64 round-hole sieve. A metal sieve 0.032 inch thick perforated with round holes 0.125 ( 8/64 ) inch in diameter. (g) Splits. Soybeans with more than 1/4 of the bean removed and that are not damaged. | |||
| 7:7:7.1.2.8.4.10.116.3 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | J | Subpart J—United States Standards for Soybeans | § 810.1603 Basis of determination. | AMS | [88 FR 45056, July 14, 2023] | Each determination of class, heat-damaged kernels, damaged kernels, and splits is made on the basis of the grain when free from foreign material. Other determinations not specifically provided for under the general provisions are made on the basis of the grain as a whole. | |||
| 7:7:7.1.2.8.4.10.117.4 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | J | Subpart J—United States Standards for Soybeans | § 810.1604 Grades and grade requirements for soybeans. | AMS | [88 FR 45056, July 14, 2023] | U.S. Sample grade are soybeans that: (a) Do not meet the requirements for U.S. Nos. 1, 2, 3, or 4; or (b) Have a musty, sour, or commercially objectionable foreign odor (except garlic odor); or (c) Are heating or otherwise of distinctly low quality. 1 In addition to the maximum count limit, stones must exceed 0.1 percent of the sample weight. 2 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, and unknown foreign substances. The weight of stones is not applicable for total other material. | |||
| 7:7:7.1.2.8.4.10.118.5 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | J | Subpart J—United States Standards for Soybeans | § 810.1605 Special grades and special grade requirements. | AMS | [52 FR 24418, June 30, 1987, as amended at 52 FR 24441, June 30, 1987; 59 FR 10573, Mar. 7, 1994] | (a) Garlicky soybeans. Soybeans that contain 5 or more green garlic bulblets or an equivalent quantity of dry or partly dry bulblets in a 1,000 gram portion. (b) Purple mottled or stained soybeans. Soybeans with pink or purple seed coats as determined on a portion of approximately 400 grams with the use of an FGIS Interpretive Line Photograph. | |||
| 7:7:7.1.2.8.4.11.119.1 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | K | Subpart K—United States Standards for Sunflower Seed | § 810.1801 Definition of sunflower seed. | AMS | Grain that, before the removal of foreign material, consists of 50.0 percent or more of cultivated sunflower seed ( Helianthus annuus L.) and not more than 10.0 percent of other grains for which standards have been established under the United States Grain Standards Act. | ||||
| 7:7:7.1.2.8.4.11.119.2 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | K | Subpart K—United States Standards for Sunflower Seed | § 810.1802 Definition of other terms. | AMS | (a) Cultivated sunflower seed. Sunflower seed grown for oil content. The term seed in this and other definitions related to sunflower seed refers to both the kernel and hull which is a fruit or achene. (b) Damaged sunflower seed. Seed and pieces of sunflower seed that are badly ground-damaged, badly weather-damaged, diseased, frost-damaged, heat-damaged, mold-damaged, sprout-damaged, or otherwise materially damaged. (c) Dehulled seed. Sunflower seed that has the hull completely removed from the sunflower kernel. (d) Foreign material. All matter other than whole sunflower seeds containing kernels that can be removed from the original sample by use of an approved device and by handpicking a portion of the sample according to procedures prescribed in FGIS instructions. (e) Heat-damaged sunflower seed. Seed and pieces of sunflower seed that are materially discolored and damaged by heat. (f) Hull (Husk). The ovary wall of the sunflower seed. (g) Kernel. The interior contents of the sunflower seed that are surrounded by the hull. | ||||
| 7:7:7.1.2.8.4.11.120.3 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | K | Subpart K—United States Standards for Sunflower Seed | § 810.1803 Basis of determination. | AMS | Each determination of heat-damaged kernels, damaged kernels, test weight per bushel, and dehulled seed is made on the basis of the grain when free from foreign material. Other determinations not specifically provided for in the general provisions are made on the basis of the grain as a whole, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from foreign material. | ||||
| 7:7:7.1.2.8.4.11.121.4 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | K | Subpart K—United States Standards for Sunflower Seed | § 810.1804 Grades and grade requirements for sunflower seed. | AMS | |||||
| 7:7:7.1.2.8.4.12.122.1 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | L | Subpart L—United States Standards for Triticale | § 810.2001 Definition of triticale. | AMS | Grain that, before the removal of dockage, consists of 50 percent or more of triticale ( X Triticosecale Wittmack) and not more than 10 percent of other grains for which standards have been established under the United States Grain Standards Act and that, after the removal of dockage, contains 50 percent or more of whole triticale. | ||||
| 7:7:7.1.2.8.4.12.122.2 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | L | Subpart L—United States Standards for Triticale | § 810.2002 Definition of other terms. | AMS | [52 FR 24418, June 30, 1987; 52 FR 28534, July 31, 1987] | (a) Damaged kernels. Kernels, pieces of triticale kernels, and other grains that are badly ground-damaged, badly weather-damaged, diseased, frost-damaged, germ-damaged, heat-damaged, insect-bored, mold-damaged, sprout-damaged, or otherwise materially damaged. (b) Defects. Damaged kernels, foreign material, and shrunken and broken kernels. The sum of these three factors may not exceed the limit for the factor defects for each numerical grade. (c) Dockage. All matter other than triticale that can be removed from the original sample by use of an approved device according to procedures prescribed in FGIS instructions. Also, underdeveloped, shriveled, and small pieces of triticale kernels removed in properly separating the material other than triticale and that cannot be recovered by properly rescreening or recleaning. (d) Foreign material. All matter other than triticale. (e) Heat-damaged kernels. Kernels, pieces of triticale kernels, and other grains that are materially discolored and damaged by heat. (f) Other grains. Barley, corn, cultivated buckwheat, einkorn, emmer, flaxseed, guar, hull-less barley, nongrain sorghum, oats, Polish wheat, popcorn, poulard wheat, rice, rye, safflower, sorghum, soybeans, spelt, sunflower seed, sweet corn, wheat, and wild oats. (g) Shrunken and broken kernels. All matter that passes through a 0.064 × 3/8 oblong-hole sieve after sieving according to procedures prescribed in FGIS instructions. (h) Sieve—0.064 × 3/8 oblong-hole sieve. A metal sieve 0.032 inch thick with oblong perforations 0.064 inch by 0.375 (3/8) inch. | |||
| 7:7:7.1.2.8.4.12.123.3 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | L | Subpart L—United States Standards for Triticale | § 810.2003 Basis of determination. | AMS | Each determination of heat-damaged kernels, damaged kernels, material other than wheat or rye, and foreign material (total) is made on the basis of the grain when free from dockage and shrunken and broken kernels. Other determinations not specifically provided for under the general provisions are made on the basis of the grain when free from dockage except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage. | ||||
| 7:7:7.1.2.8.4.12.124.4 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | L | Subpart L—United States Standards for Triticale | § 810.2004 Grades and grade requirements for triticale. | AMS | [52 FR 24418, June 30, 1987; 52 FR 28534, July 31, 1987] | 1 Includes heat-damaged kernels. 2 Includes material other than wheat or rye. 3 Defects include damaged kernels (total), foreign material (total) and shrunken and broken kernels. The sum of these three factors may not exceed the limit for defects for each numerical grade. | |||
| 7:7:7.1.2.8.4.12.125.5 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | L | Subpart L—United States Standards for Triticale | § 810.2005 Special grades and special grade requirements. | AMS | [52 FR 24418, June 30, 1987, as amended at 52 FR 24441, June 30, 1987] | (a) Ergoty triticale. Triticale that contains more than 0.10 percent of ergot. (b) Garlicky triticale. Triticale that contains in a 1,000 gram portion more than six green garlic bulblets or an equivalent quantity of dry or partly dry bulblets. (c) Light garlicky triticale. Triticale that contains in a 1,000 gram portion two or more, but not more than six, green garlic bulblets or an equivalent quantity of dry or partly dry bulblets. (d) Light smutty triticale. Triticale that has an unmistakable odor of smut, or that contains in a 250 gram portion smut balls, portions of smut balls, or spores of smut in excess of a quantity equal to 14 smut balls, but not in excess of a quantity equal to 30 smut balls of average size. (e) Smutty triticale. Triticale that contains in a 250 gram portion smut balls, portions of smut balls, or spores of smut in excess of a quantity equal to 30 smut balls of average size. | |||
| 7:7:7.1.2.8.4.13.126.1 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | M | Subpart M—United States Standards for Wheat | § 810.2201 Definition of wheat. | AMS | Grain that, before the removal of dockage, consists of 50 percent or more common wheat ( Triticum aestivum L.), club wheat ( T. compactum Host.), and durum wheat ( T. durum Desf.) and not more than 10 percent of other grains for which standards have been established under the United States Grain Standards Act and that, after the removal of the dockage, contains 50 percent or more of whole kernels of one or more of these wheats. | ||||
| 7:7:7.1.2.8.4.13.126.2 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | M | Subpart M—United States Standards for Wheat | § 810.2202 Definition of other terms. | AMS | [52 FR 24418, June 30, 1987, as amended at 54 FR 48736, Nov. 27, 1989; 57 FR 58966, Dec. 14, 1992; 71 FR 8235, Feb. 18, 2006; 78 FR 27858, May 13, 2013] | (a) Classes. There are eight classes for wheat: Durum wheat, Hard Red Spring wheat, Hard Red Winter wheat, Soft Red Winter wheat, Hard White wheat, Soft White wheat, Unclassed wheat, and Mixed wheat. (1) Durum wheat. All varieties of white (amber) durum wheat. This class is divided into the following three subclasses: (i) Hard Amber Durum wheat. Durum wheat with 75 percent or more of hard and vitreous kernels of amber color. (ii) Amber Durum wheat. Durum wheat with 60 percent or more but less than 75 percent of hard and vitreous kernels of amber color. (iii) Durum wheat. Durum wheat with less than 60 percent of hard vitreous kernels of amber color. (2) Hard Red Spring wheat. All varieties of Hard Red Spring wheat. This class shall be divided into the following three subclasses. (i) Dark Northern Spring wheat. Hard Red Spring wheat with 75 percent or more of dark, hard, and vitreous kernels. (ii) Northern Spring wheat. Hard Red Spring wheat with 25 percent or more but less than 75 percent of dark, hard, and vitreous kernels. (iii) Red Spring wheat. Hard Red Spring wheat with less than 25 percent of dark, hard, and vitreous kernels. (3) Hard Red Winter wheat. All varieties of Hard Red Winter wheat. There are no subclasses in this class. (4) Soft Red Winter wheat. All varieties of Soft Red Winter wheat. There are no subclasses in this class. (5) Hard White wheat. All hard endosperm white wheat varieties. There are no subclasses in this class. (6) Soft White wheat. All soft endosperm white wheat varieties. This class is divided into the following three subclasses: (i) Soft White wheat. Soft endosperm white wheat varieties which contain not more than 10 percent of white club wheat. (ii) White Club wheat. Soft endosperm white club wheat varieties containing not more than 10 percent of other soft white wheats. (iii) Western White wheat. Soft White wheat containing more than 10 percent of white club wheat and more than 10 percent of other soft white wheats. (7) Unclassed w… | |||
| 7:7:7.1.2.8.4.13.127.3 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | M | Subpart M—United States Standards for Wheat | § 810.2203 Basis of determination. | AMS | [52 FR 24418, June 30, 1987; 52 FR 28534, July 31, 1987] | Each determination of heat-damaged kernels, damaged kernels, foreign material, wheat of other classes, contrasting classes, and subclasses is made on the basis of the grain when free from dockage and shrunken and broken kernels. Other determinations not specifically provided for under the general provisions are made on the basis of the grain when free from dockage, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage. | |||
| 7:7:7.1.2.8.4.13.128.4 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | M | Subpart M—United States Standards for Wheat | § 810.2204 Grades and grade requirements for wheat. | AMS | [52 FR 24418, June 30, 1987, as amended at 52 FR 24442, June 30, 1987; 57 FR 58966, Dec. 14, 1992; 71 FR 8235, Feb. 18, 2006] | (a) Grades and grade requirements for all classes of wheat, except Mixed wheat. Grades and Grade Requirements 1 Includes damaged kernels (total), foreign material, shrunken and broken kernels. 2 Unclassed wheat of any grade may contain not more than 10.0 percent of wheat of other classes. 3 Includes contrasting classes. 4 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, or unknown foreign substance. (b) Grades and grade requirements for Mixed wheat. Mixed wheat is graded according to the U.S. numerical and U.S. Sample grade requirements of the class of wheat that predominates in the mixture, except that the factor wheat of other classes is disregarded. | |||
| 7:7:7.1.2.8.4.13.129.5 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | M | Subpart M—United States Standards for Wheat | § 810.2205 Special grades and special grade requirements. | AMS | [52 FR 24418, June 30, 1987, as amended at 52 FR 24442, June 30, 1987; 57 FR 58967, Dec. 14, 1992] | (a) Ergoty wheat. Wheat that contains more than 0.05 percent of ergot. (b) Garlicky wheat. Wheat that contains in a 1,000 gram portion more than two green garlic bulblets or an equivalent quantity of dry or partly dry bulblets. (c) Light smutty wheat. Wheat that has an unmistakable odor of smut, or which contains, in a 250-gram portion, smut balls, portions of smut balls, or spores of smut in excess of a quantity equal to 5 smut balls, but not in excess of a quantity equal to 30 smut balls of average size. (d) Smutty wheat. Wheat that contains, in a 250 gram portion, smut balls, portions of smut balls, or spores of smut in excess of a quantity equal to 30 smut balls of average size. (e) Treated wheat. Wheat that has been scoured, limed, washed, sulfured, or treated in such a manner that the true quality is not reflected by either the numerical grades or the U.S. Sample grade designation alone. | |||
| 7:7:7.1.2.8.4.2.84.1 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | B | Subpart B—United States Standards for Barley | § 810.201 Definition of barley. | AMS | Grain that, before the removal of dockage, consists of 50 percent or more of whole kernels of cultivated barley ( Hordeum vulgare L.) and not more than 25 percent of other grains for which standards have been established under the United States Grain Standards Act. The term “barley” as used in these standards does not include hull-less barley or black barley. | ||||
| 7:7:7.1.2.8.4.2.84.2 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | B | Subpart B—United States Standards for Barley | § 810.202 Definition of other terms. | AMS | [52 FR 24418, June 30, 1987; 52 FR 28534, July 31, 1987, as amended at 61 FR 18491, Apr. 26, 1996; 82 FR 20543, May 3, 2017] | (a) Black barley. Barley with black hulls. (b) Broken kernels. Barley with more than 1/4 of the kernel removed. (c) Classes. There are two classes of barley: Malting barley and Barley. (1) Malting barley is divided into the following two subclasses: (i) Six-rowed Malting barley has a minimum of 95.0 percent of a six-rowed suitable malting type that contains not more than 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-damaged kernels. Six-rowed Malting barley must not be infested, blighted, ergoty, garlicky, or smutty as defined in § 810.107(b) and § 810.206. (ii) Two-rowed Malting barley has a minimum of 95.0 percent of a two-rowed suitable malting type that contains not more than 1.9 percent injured-by-frost kernels, 0.4 percent frost-damaged kernels, 0.2 percent injured-by-heat kernels, 0.1 percent heat-damaged kernels, 1.9 percent injured-by-mold kernels, and 0.4 percent mold-damaged kernels. Two-rowed Malting barley must not be infested, blighted, ergoty, garlicky, or smutty as defined in § 810.107(b) and § 810.206. (2) Barley. Any barley of a six-rowed or two-rowed type. The class Barley is divided into the following three subclasses: (i) Six-rowed barley. Any Six-rowed barley that contains not more than 10.0 percent of two-rowed varieties. (ii) Two-rowed barley. Any Two-rowed barley with white hulls that contains not more than 10.0 percent of six-rowed varieties. (iii) Barley. Any barley that does not meet the requirements for the subclasses Six-rowed barley or Two-rowed barley. (d) Damaged kernels. Kernels, pieces of barley kernels, other grains, and wild oats that are badly ground-damaged, badly weather-damaged, diseased, frost-damaged, germ-damaged, heat-damaged, injured-by-heat, insect-bored, mold-damaged, sprout-damaged, or otherwise materially damaged. (e) Dockage. All matter other than barley that can be remove… | |||
| 7:7:7.1.2.8.4.2.85.3 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | B | Subpart B—United States Standards for Barley | § 810.203 Basis of determination. | AMS | All other determinations. Each determination of heat-damaged kernels, injured-by-heat kernels, and white or blue aleurone layers in Six-rowed barley is made on pearled, dockage-free barley. Other determinations not specifically provided for under the General Provisions are made on the basis of the grain when free from dockage, except the determination of odor is made on either the basis of the grain as a whole or the grain when free from dockage. | ||||
| 7:7:7.1.2.8.4.2.86.4 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | B | Subpart B—United States Standards for Barley | § 810.204 Grades and grade requirements for Six-rowed Malting barley. | AMS | [82 FR 20543, May 3, 2017] | 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley. Malting barley must not be infested in accordance with § 810.107(b) and must not contain any special grades as defined in § 810.206. Six-rowed Malting barley varieties not meeting the requirements of this section must be graded in accordance with standards established for the class Barley. | |||
| 7:7:7.1.2.8.4.2.86.5 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | B | Subpart B—United States Standards for Barley | § 810.205 Grades and grade requirements for Two-rowed Malting barley. | AMS | [82 FR 20544, May 3, 2017] | 1 Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels or considered against sound barley. Malting barley must not be infested in accordance with § 810.107(b) and must not contain any special grades as defined in § 810.206. Six-rowed Malting barley and Six-rowed Blue Malting barley varieties not meeting the requirements of this section must be graded in accordance with standards established for the class Barley. | |||
| 7:7:7.1.2.8.4.2.86.6 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | B | Subpart B—United States Standards for Barley | § 810.206 Grades and grade requirements for barley. | AMS | [61 FR 18492, Apr. 26, 1996] | U.S. Sample Grade: U.S. Sample grade shall be barley that: (a) Does not meet the requirements for the grades 1, 2, 3, 4, or 5; or (b) Contains 8 or more stones or any number of stones which have an aggregate weight in excess of 0.2 percent of the sample weight, 2 or more pieces of glass, 3 or more crotalaria seeds ( Crotalaria spp.), 2 or more caster beans ( Ricinus communis L.), 4 or more particles of unknown foreign substance(s) or commonly recognized harmful or toxic substance(s), 8 or more cocklebur ( Xanthium spp.) or similar seeds singly or in combination, 10 or more rodent pellets, bird droppings, or equivalent quantity of other animal filth per 1 1/8 to 1 1/4 quarts of barley; or (c) Has a musty, sour, or commercially objectionable foreign odor (except smut or garlic odor); or (d) Is heating or otherwise of distinctly low quality. 1 Includes heat-damaged kernels. Injured-by-frost kernels and injured-by-mold kernels are not considered damaged kernels. | |||
| 7:7:7.1.2.8.4.2.87.7 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | B | Subpart B—United States Standards for Barley | § 810.207 Special grades and special grade requirements. | AMS | [52 FR 24418, June 30, 1987, as amended at 52 FR 24441, June 30, 1987] | (a) Blighted barley. Barley that contains more than 4.0 percent of fungus-damaged and/or mold-damaged kernels. (b) Ergoty barley. Barley that contains more than 0.10 percent ergot. (c) Garlicky barley. Barley that contains three or more green garlic bulblets, or an equivalent quantity of dry or partly dry bulblets in 500 grams of barley. (d) Smutty barley. Barley that has kernels covered with smut spores to give a smutty appearance in mass, or which contains more than 0.20 percent smut balls. | |||
| 7:7:7.1.2.8.4.3.88.1 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | C | Subpart C—United States Standards for Canola—Terms Defined | § 810.301 Definition of canola. | AMS | Seeds of the genus Brassica from which the oil shall contain less than 2 percent erucic acid in its fatty acid profile and the solid component shall contain less than 30.0 micromoles of any one or any mixture of 3-butenyl glucosinolate, 4-pentenyl glucosinolate, 2-hydroxy-3-butenyl, or 2-hydroxy-4-pentenyl glucosinolate, per gram of air-dried, oil free solid. Before the removal of dockage, the seed shall contain not more than 10.0% of other grains for which standards have been established under the United States Grain Standards Act. | ||||
| 7:7:7.1.2.8.4.3.88.2 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | C | Subpart C—United States Standards for Canola—Terms Defined | § 810.302 Definitions of other terms. | AMS | (a) Conspicuous Admixture. All matter other than canola, including but not limited to ergot, sclerotinia, and stones, which is conspicuous and readily distinguishable from canola and which remains in the sample after the removal of machine separated dockage. Conspicuous admixture is added to machine separated dockage in the computation of total dockage. (b) Damaged kernels. Canola and pieces of canola that are heat-damaged, sprout-damaged, mold-damaged, distinctly green damaged, frost damaged, rimed damaged, or otherwise materially damaged. (c) Distinctly green kernels. Canola and pieces of canola which, after being crushed, exhibit a distinctly green color. (d) Dockage. All matter other than canola that can be removed from the original sample by use of an approved device according to procedures prescribed in FGIS instructions. Also, underdeveloped, shriveled, and small pieces of canola kernels that cannot be recovered by properly rescreening or recleaning. Machine separated dockage is added to conspicuous admixture in the computation of total dockage. (e) Ergot. Sclerotia (sclerotium, sing.) of the fungus, Claviceps species, which are associated with some seeds other than canola where the fungal organism has replaced the seed. (f) Heat-damaged kernels. Canola and pieces of canola which, after being crushed, exhibit that they are discolored and damaged by heat. (g) Inconspicuous admixture. Any seed which is difficult to distinguish from canola. This includes, but is not limited to, common wild mustard ( Brassica kaber and B. juncea ), domestic brown mustard ( Brassica juncea ), yellow mustard ( B. hirta ), and seed other than the mustard group. (h) Sclerotia (Sclerotium, sing. ). Dark colored or black resting bodies of the fungi Sclerotinia and Claviceps. (i) Sclerotinia. Genus name which includes the fungus Sclerotinia sclerotiorum which produces sclerotia. Canola is only infrequently infected, and the sclerotia, unlike sclerotia of ergot, are usually associated within the stem … | ||||
| 7:7:7.1.2.8.4.3.88.3 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | C | Subpart C—United States Standards for Canola—Terms Defined | § 810.303 Basis of determination. | AMS | Each determination of conspicuous admixture, ergot, sclerotinia, stones, damaged kernels, heat-damaged kernels, distinctly green kernels, and inconspicuous admixture is made on the basis of the sample when free from dockage. Other determinations not specifically provided for under the general provisions are made on the basis of the sample as a whole, except the determination of odor is made on either the basis of the sample as a whole or the sample when free from dockage. The content of glucosinolates and erucic acid is determined on the basis of the sample according to procedures prescribed in FGIS instructions. | ||||
| 7:7:7.1.2.8.4.3.89.4 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | C | Subpart C—United States Standards for Canola—Terms Defined | § 810.304 Grades and grade requirements for canola. | AMS | |||||
| 7:7:7.1.2.8.4.3.90.5 | 7 | Agriculture | VIII | A | 810 | PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN | C | Subpart C—United States Standards for Canola—Terms Defined | § 810.305 Special grades and special grade requirements. | AMS | Garlicky canola. Canola that contains more than two green garlic bulblets or an equivalent quantity of dry or partly dry bulblets in approximately a 500 gram portion. |
Advanced export
JSON shape: default, array, newline-delimited, object
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);