{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 360 sorted by section_id", "rows": [["44:44:1.0.1.6.90.0.10.1", 44, "Emergency Management and Assistance", "I", "F", "360", "PART 360\u2014STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT", "", "", "", "\u00a7 360.1 Purpose.", "FEMA", "", "", "", "The Emergency Management Training Program is designed to enhance the States' emergency management training program to increase State capabilities and those of local governments in this field, as well as to give States the opportunity to develop new capabilities and techniques. The Program is an ongoing intergovernmental endeavor which combines financial and human resources to fill the unique training needs of local government, State emergency staffs and State agencies, as well as the general public. States will have the opportunity to develop, implement and evaluate various approaches to accomplish FEMA emergency objectives as well as goals and objectives of their own. The intended result is an enhanced capability to protect lives and property through planning, mitigation, operational skill, and rapid response in case of disaster or attack on this country."], ["44:44:1.0.1.6.90.0.10.2", 44, "Emergency Management and Assistance", "I", "F", "360", "PART 360\u2014STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT", "", "", "", "\u00a7 360.2 Description of program.", "FEMA", "", "", "[46 FR 1271, Jan. 6, 1981, as amended at 48 FR 9646, Mar. 8, 1983]", "(a) The program is designed for all States regardless of their present level of involvement in training or their degree of expertise in originating and presenting training courses in the past. The needs of individual States, difference in numbers to be trained, and levels of sophistication in any previous training program have been recognized. It is thus believed that all States are best able to meet their own unique situations and those of local government by being given this opportunity and flexibility.\n\n(b) Each State is asked to submit an acceptable application, to be accompanied by a Training and Education (T&E) plan for a total of three years, only the first year of which will be required to be detailed. The remaining two year program should be presented in terms of ongoing training objectives and programs. In the first year plan applicants shall delineate their objectives in training and education, including a description of the programs to be offered, and identify the audiences and numbers to be trained. Additionally, the State is asked to note the month in which the activity is to be presented, the location, and cost estimates including instructional costs and participant's travel and per diem. These specifics of date, place, and costs will be required for the first year of any three year plan. A three year plan will be submitted each year with an application. Each negotiated agreement will include a section of required training (Radiological Defense), and a section including optional courses to be conducted in response to State and local needs.\n\n(c) FEMA support to the States in their training program for State and local officials, has been designed around three Program elements. Each activity listed in the State Training and Education (T&E) Plan will be derived from the following three elements:\n\n(1)  Government Conducted Courses:  Such courses require the least capability on the part of the State. They are usually conducted through provisions in a FEMA Regional Support Contract and/or FEMA or other Federal agency staff. The State's responsibilities fall primarily into administrative areas of recruiting participants, making all arrangements for the facilities needed for presentation of the course, and the handling of the cost reimbursement to participants, though State staff may participate as instructors. These courses for example include:\n\n(i) Career Development Courses: Phases I, II, and III,\n\n(ii) Radiological Officer and Instructor Courses,\n\n(iii) Technical Workshops on Disaster Recovery or Hazard Mitigation.\n\n(2)  Government and recipient conducted courses:  Responsibilities in these courses fall jointly upon Federal and State government as agreed in the planning for the course. Courses in this category might include:\n\n(i) Emergency Management Workshops,\n\n(ii) Multijurisdictional Emergency Operations Simulation Training.\n\nIn this category also, it is expected that the State will be responsible for administrative and logistical requirements, plus any instructional activity as agreed upon prior to the conduct of the course.\n\n(3)  Recipient conducted courses:  This element requires the greatest degree of sophistication in program planning and delivery on the part of the State. Training events proposed by the State must be justified as addressing Emergency Management Training Program objectives. Additionally, they must address State or community needs and indicate the State's ability to present and carry out the Program of Instruction. Courses in this category could include:\n\n(i) Radiological Monitoring,\n\n(ii) Emergency Operations Simulating Training,\n\n(iii) Shelter Management.\n\n(d) In order that this three year comprehensive Training and Education Program planning can proceed in a timely and logical manner, each State will be provided three target appropriation figures, one for each of the three program years. States will develop their proposals, using the target figure to develop their scope of work. Adjustments in funding and the scope of work will be subject to negotiation before finalization. Both the funding and the scope of work will be reviewed each year and adjustments in the out years will reflect increased sophistication and expertise of the States as well as changing training needs within each State.\n\n(e)(1) FEMA funding through the State Cooperative Agreement for the training activities is to be used for travel and per diem expenses of students selected by the States for courses reflecting individually needed or required training. Additionally funds may be expended for course materials and instructor expenses. The funding provided in the State Cooperative Agreement is not for the purpose of conducting ongoing State activities or for funding staff positions to accomplish work to be performed under this Agreement. Nor is the Agreement for the purpose of purchasing equipment which may be obtained with the help of Personnel and Administrative funds. In cases where equipment has been identified as needed in the scope of work submitted with the application, and where it serves as an outreach to a new audience or methodology, equipment purchase may be approved at the time of initial application approval.\n\n(2) Allowable cost will be funded at 100%."], ["44:44:1.0.1.6.90.0.10.3", 44, "Emergency Management and Assistance", "I", "F", "360", "PART 360\u2014STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT", "", "", "", "\u00a7 360.3 Eligible applicants.", "FEMA", "", "", "", "Each of the 50 States, independent commonwealths, and territories is eligible to participate in a State Cooperative Agreement with FEMA. The department, division, or agency of the State government assigned the responsibility for State training in comprehensive emergency management should file the application."], ["44:44:1.0.1.6.90.0.10.4", 44, "Emergency Management and Assistance", "I", "F", "360", "PART 360\u2014STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT", "", "", "", "\u00a7 360.4 Administrative procedures.", "FEMA", "", "", "[46 FR 1271, Jan. 6, 1981, as amended at 79 FR 76088, Dec. 19, 2014]", "(a)  Award.  Each State desiring to participate will negotiate the amount of financial support for the training and education program. Deciding factors will be the scope of the program, a prudent budget, the number of individuals to be trained, and variety of audiences included which are in need of training. All these factors are part of the required application as discussed in \u00a7 360.2.\n\n(b)  Period of agreement.  Agreements will be negotiated annually and will be in effect for a period of 12 months. Each agreement, however, will include a scope of work for three years as reflected in \u00a7 360.2(b) to give continuity to the total training and education program.\n\n(c)  Submission procedure.  Each State applicant shall comply with the following procedures:\n\n(1)  Issuance of a request for application:  Each State emergency management agency will receive a Request for Application Package from the State's respective FEMA Regional Administrator.\n\n(2)  How to submit:  Each State shall submit the completed application package to the Regional Administrator of the Appropriate Region.\n\n(3)  Application package:  The Application Package should include:\n\n(i) A transmittal letter signed by the State Director of the agency tasked with emergency management responsibilities for that State.\n\n(ii) A three year projected training and education scope of work including both \u201crequired\u201d training and \u201coptional\u201d courses. The first of the projected three year program is to be detailed as to list of courses, description of training to be offered, audiences to be reached and numbers to be trained. Dates and locations of training as well as costs of delivery and student travel and per diem are to be estimated. Special instructions for this portion of the submittal will be included in the Application Package.\n\n(iii) Standard Form 270 \u201cRequest for Advance or Reimbursement\u201d as required by 2 CFR parts 200 and 3002 and FEMA General Provisions for Cooperative Agreements.\n\n(d)  Reporting agreements.  Recipients of State Agreement benefits will report quarterly during the Federal Fiscal year, directly to the Regional Administrator of their respective Regions. The report should include a narrative of the training programs conducted accompanied by rosters for each event, agenda, and a summary financial statement on the status of the Agreement funds. Any course or training activity included in the Scope of Work and not presented as scheduled should be explained in detail as to the reason for cancellation in the quarterly report. The costs allocated to this cancelled activity should be reprogrammed to another training activity approved by the Regional Administrator no later than the last day of the 3rd quarter, or released to the Region. An evaluation of the degree to which objectives were met, the effectiveness of the methodology, and the appropriateness of the resources and references used should also be included in the quarterly report. The report is due in the Regional Office no later than the 15th day of January, April, and July. A final report for the year is due the 15th of October."], ["44:44:1.0.1.6.90.0.10.5", 44, "Emergency Management and Assistance", "I", "F", "360", "PART 360\u2014STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT", "", "", "", "\u00a7 360.5 General provisions for State Cooperative Agreement.", "FEMA", "", "", "", "The legal funding instrument for the State Assistance Program for Training and Education FEMA is the State Cooperative Agreement. All States will be required to comply with FEMA General Provisions for the State Cooperative Agreement. The General Provisions for the State Cooperative Agreement will be provided to the States as part of the Request for Application package. The General Provisions will become part of the Cooperative Agreement."], ["49:49:5.1.1.2.6.0.1.1", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.1 Fees for registration-related services.", "FHWA", "", "", "[80 FR 63702, Oct. 21, 2015, as amended at 83 FR 48725, Sept. 27, 2018]", "Certifications and copies of public records and documents on file with the Federal Motor Carrier Safety Administration (FMCSA) will be furnished on the following basis, pursuant to USDOT Freedom of Information Act regulations at 49 CFR part 7:\n\n(a) Certificate of the Director, Office of Management Information and Services, as to the authenticity of documents, $12;\n\n(b) Service involved in locating records to be certified and determining their authenticity, including clerical and administrative work, at the rate of $21 per hour;\n\n(c) Copies of the public documents, at the rate of $.80 per letter size or legal size exposure. A minimum charge of $5 will be made for this service; and\n\n(d) Search and copying services requiring information technology (IT), as follows:\n\n(1) A fee of $50 per hour for professional staff time will be charged when it is required to fulfill a request for electronic data.\n\n(2) The fee for computer searches will be set at the current rate for computer service. Information on those charges can be obtained from the Office of Management Information and Services (MC-MM).\n\n(3) Printing will be charged at the rate of $.10 per page of computer-generated output with a minimum charge of $1. There will also be a charge for the media provided ( e.g.,  CD ROMs) based on the Agency's costs for such media.\n\n(e)  Exception.  No fee shall be charged under this section to the following entities:\n\n(1) Any Agency of the Federal Government or a State government or any political subdivision of any such government for access to or retrieval of information and data from the Unified Carrier Registration System for its own use; or\n\n(2) Any representative of a motor carrier, motor private carrier, broker, or freight forwarder (as each is defined in 49 U.S.C. 13102) for the access to or retrieval of the information related to such entity from the Unified Carrier Registration System for the individual use of such entity."], ["49:49:5.1.1.2.6.0.1.2", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.1T Fees for registration-related services.", "FHWA", "", "", "[82 FR 5297, Jan. 17, 2017, as amended at 83 FR 22873, May 17, 2018; 83 FR 48725, Sept. 27, 2018]", "Certifications and copies of public records and documents on file with the Federal Motor Carrier Safety Administration will be furnished on the following basis, pursuant to the Freedom of Information Act regulations at 49 CFR part 7:\n\n(a) Certificate of the Director, Office of Management Information and Services, as to the authenticity of documents, $9.00;\n\n(b) Service involved in checking records to be certified to determine authenticity, including clerical work, etc., incidental thereto, at the rate of $16.00 per hour;\n\n(c) Copies of the public documents, at the rate of $.80 per letter size or legal size exposure. A minimum charge of $5.00 will be made for this service; and\n\n(d) Search and copying services requiring ADP processing, as follows:\n\n(1) A fee of $42.00 per hour for professional staff time will be charged when it is required to fulfill a request for ADP data.\n\n(2) The fee for computer searches will be set at the current rate for computer service. Information on those charges can be obtained from the Office of Management Information and Services (MC-MM).\n\n(3) Printing shall be charged at the rate of $.10 per page of computer generated output with a minimum charge of $.25. A charge of $30 per reel of magnetic tape will be made if the tape is to be permanently retained by the requestor."], ["49:49:5.1.1.2.6.0.1.3", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.2 [Reserved]", "FHWA", "", "", "", ""], ["49:49:5.1.1.2.6.0.1.4", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.3 Filing fees.", "FHWA", "", "", "[80 FR 63702, Oct. 21, 2015, as amended at 87 FR 59035, Sept. 29, 2022]", "(a)  Manner of payment.  (1) Except for the insurance fees described in the next sentence, all filing fees must be paid at the time the application, petition, or other document is electronically filed. The service fee for insurance, surety or self-insurer accepted certificate of insurance, surety bond or other instrument submitted in lieu of a broker surety bond must be charged to an insurance service account established by FMCSA in accordance with paragraph (a)(2) of this section.\n\n(2)  Billing account procedure.  A request must be submitted to the Office of Registration and Safety Information (MC-RS) at  http://www.fmcsa.dot.gov  to establish an insurance service fee account.\n\n(i) Each account will have a specific billing date within each month and a billing cycle. The billing date is the date that the bill is prepared and printed. The billing cycle is the period between the billing date in one month and the billing date in the next month. A bill for each account that has activity or an unpaid balance during the billing cycle will be sent on the billing date each month. Payment will be due 20 days from the billing date. Payments received before the next billing date are applied to the account. Interest will accrue in accordance with 31 CFR 901.9.\n\n(ii) The Federal Claims Collection Standards, including disclosure to consumer reporting agencies and the use of collection agencies, as set forth in 31 CFR part 901, will be utilized to encourage payment where appropriate.\n\n(iii) An account holder who files a petition for bankruptcy or who is the subject of a bankruptcy proceeding must provide the following information to the Office of Registration and Safety Information (MC-RS) at  http://www.fmcsa.dot.gov:\n\n(A) The filing date of the bankruptcy petition;\n\n(B) The court in which the bankruptcy petition was filed;\n\n(C) The type of bankruptcy proceeding;\n\n(D) The name, address, and telephone number of its representative in the bankruptcy proceeding; and\n\n(E) The name, address, and telephone number of the bankruptcy trustee, if one has been appointed.\n\n(3) Fees will be payable through the U.S. Department of Treasury secure payment system,  Pay.gov,  and are made directly from the payor's bank account or by credit/debit card.\n\n(b) Any filing that is not accompanied by the appropriate filing fee will be rejected.\n\n(c)  Fees not refundable.  Fees will be assessed for every filing listed in the schedule of fees contained in paragraph (f) of this section, titled, \u201c Schedule of filing fees ,\u201d subject to the exceptions contained in paragraphs (d) and (e) of this section. After the application, petition, or other document has been accepted for filing by FMCSA, the filing fee will not be refunded, regardless of whether the application, petition, or other document is granted or approved, denied, rejected before docketing, dismissed, or withdrawn.\n\n(d)  Multiple authorities.  (1) A separate filing fee is required for each type of authority sought, for example broker authority requested by an entity that already holds motor property carrier authority or multiple types of authority requested in the same application.\n\n(2) Separate fees will be assessed for the filing of temporary operating authority applications as provided in paragraph (f)(2) of this section, regardless of whether such applications are related to an application for corresponding permanent operating authority.\n\n(e)  Waiver or reduction of filing fees.  It is the general policy of the Federal Motor Carrier Safety Administration not to waive or reduce filing fees except as follows:\n\n(1) Filing fees are waived for an application that is filed by a Federal government agency, or a State or local government entity. For purposes of this section the phrases \u201cFederal government agency\u201d or \u201cgovernment entity\u201d do not include a quasi-governmental corporation or government subsidized transportation company.\n\n(2) Filing fees are waived for a motor carrier of passengers that receives a grant from the Federal Transit Administration either directly or through a third-party contract to provide passenger transportation under an agreement with a State or local government pursuant to 49 U.S.C. 5307, 5310, 5311, 5316, or 5317.\n\n(3) The FMCSA will consider other requests for waivers or fee reductions only in extraordinary situations and in accordance with the following procedure:\n\n(i)  When to request.  At the time that a filing is submitted to FMCSA, the applicant may request a waiver or reduction of the fee prescribed in this part. Such request should be addressed to the Director, Office of Registration and Safety Information.\n\n(ii)  Basis.  The applicant must show that the waiver or reduction of the fee is in the best interest of the public, or that payment of the fee would impose an undue hardship upon the requester.\n\n(iii)  FMCSA action.  FMCSA will notify the applicant of the decision to grant or deny the request for waiver or reduction.\n\n(f)  Schedule of filing fees:"], ["49:49:5.1.1.2.6.0.1.5", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.3T Filing fees.", "FHWA", "", "", "[82 FR 5297, Jan. 17, 2017, as amended at 83 FR 22873, May 17, 2018; 87 FR 59035, Sept. 29, 2022]", "(a)  Manner of payment.  (1) Except for the insurance fees described in the next sentence, all filing fees will be payable at the time and place the application, petition, or other document is tendered for filing. The service fee for insurance, surety or self-insurer accepted certificate of insurance, surety bond or other instrument submitted in lieu of a broker surety bond must be charged to an insurance service account established by the Federal Motor Carrier Safety Administration in accordance with paragraph (a)(2) of this section.\n\n(2)  Billing account procedure.  A written request must be submitted to the Office of Registration and Safety Information (MC-RS) to establish an insurance service fee account.\n\n(i) Each account will have a specific billing date within each month and a billing cycle. The billing date is the date that the bill is prepared and printed. The billing cycle is the period between the billing date in one month and the billing date in the next month. A bill for each account which has activity or an unpaid balance during the billing cycle will be sent on the billing date each month. Payment will be due 20 days from the billing date. Payments received before the next billing date are applied to the account. Interest will accrue in accordance with 4 CFR 102.13.\n\n(ii) The Debt Collection Act of 1982, including disclosure to the consumer reporting agencies and the use of collection agencies, as set forth in 4 CFR 102.5 and 102.6 will be utilized to encourage payment where appropriate.\n\n(iii) An account holder who files a petition in bankruptcy or who is the subject of a bankruptcy proceeding must provide the following information to the Office of Registration and Safety Information (MC-RS):\n\n(A) The filing date of the bankruptcy petition;\n\n(B) The court in which the bankruptcy petition was filed;\n\n(C) The type of bankruptcy proceeding;\n\n(D) The name, address, and telephone number of its representative in the bankruptcy proceeding; and\n\n(E) The name, address, and telephone number of the bankruptcy trustee, if one has been appointed.\n\n(3) Fees will be payable to the Federal Motor Carrier Safety Administration by a check payable in United States currency drawn upon funds deposited in a United States or foreign bank or other financial institution, money order payable in United States' currency, or credit card (VISA or MASTERCARD).\n\n(b) Any filing that is not accompanied by the appropriate filing fee is deficient except for filings that satisfy the deferred payment procedures in paragraph (a) of this section.\n\n(c)  Fees not refundable.  Fees will be assessed for every filing in the type of proceeding listed in the schedule of fees contained in paragraph (f) of this section, subject to the exceptions contained in paragraphs (d) and (e) of this section. After the application, petition, or other document has been accepted for filing by the Federal Motor Carrier Safety Administration, the filing fee will not be refunded, regardless of whether the application, petition, or other document is granted or approved, denied, rejected before docketing, dismissed, or withdrawn.\n\n(d)  Related or consolidated proceedings.  (1) Separate fees need not be paid for related applications filed by the same applicant which would be the subject of one proceeding. (This does not mean requests for multiple types of operating authority filed on forms in the OP-1 series under the regulations at 49 CFR part 365. A separate filing fee is required for each type of authority sought in each transportation mode,  e.g.,  common, contract, and broker authority for motor property carriers.)\n\n(2) Separate fees will be assessed for the filing of temporary operating authority applications as provided in paragraph (f)(6) of this section, regardless of whether such applications are related to an application for corresponding permanent operating authority.\n\n(3) The Federal Motor Carrier Safety Administration may reject concurrently filed applications, petitions, or other documents asserted to be related and refund the filing fee if, in its judgment, they embrace two or more severable matters which should be the subject of separate proceedings.\n\n(e)  Waiver or reduction of filing fees.  It is the general policy of the Federal Motor Carrier Safety Administration not to waive or reduce filing fees except as described as follows:\n\n(1) Filing fees are waived for an application or other proceeding which is filed by a Federal government agency, or a State or local government entity. For purposes of this section the phrases \u201cFederal government agency\u201d or \u201cgovernment entity\u201d do not include a quasi-governmental corporation or government subsidized transportation company.\n\n(2) In extraordinary situations the Federal Motor Carrier Safety Administration will accept requests for waivers or fee reductions in accordance with the following procedure:\n\n(i)  When to request.  At the time that a filing is submitted to the Federal Motor Carrier Safety Administration the applicant may request a waiver or reduction of the fee prescribed in this part. Such request should be addressed to the Director, Office of Registration and Safety Information (MC-RS).\n\n(ii)  Basis.  The applicant must show the waiver or reduction of the fee is in the best interest of the public, or that payment of the fee would impose an undue hardship upon the requestor.\n\n(iii)  Federal Motor Carrier Safety Administration action.  The Federal Motor Carrier Safety Administration will notify the applicant of the decision to grant or deny the request for waiver or reduction.\n\n(f)  Schedule of filing fees.\n\n(g)  Returned check policy.  (1) If a check submitted to the FMCSA for a filing or service fee is dishonored by a bank or financial institution on which it is drawn, the FMCSA will notify the person who submitted the check that:\n\n(i) All work will be suspended on the filing or proceeding, until the check is made good;\n\n(ii) A returned check charge of $6.00 and any bank charges incurred by the FMCSA as a result of the dishonored check must be submitted with the filing fee which is outstanding; and\n\n(iii) If payment is not made within the time specified by the FMCSA, the proceeding will be dismissed or the filing may be rejected.\n\n(2) If a person repeatedly submits dishonored checks to the FMCSA for filing fees, the FMCSA may notify the person that all future filing fees must be submitted in the form of a certified or cashier's check, money order, or credit card."], ["49:49:5.1.1.2.6.0.1.6", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.4 [Reserved]", "FHWA", "", "", "", ""], ["49:49:5.1.1.2.6.0.1.7", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.5 Updating user fees.", "FHWA", "", "", "", "(a)  Update.  Each fee established in this subpart may be updated, as deemed necessary by FMCSA.\n\n(b)  Publication and effective dates.  Notice of updated fees shall be published in the  Federal Register  and shall become effective 30 days after publication.\n\n(c)  Payment of fees.  Any person submitting a filing for which a filing fee is established must pay the fee applicable on the date of the filing or request for services.\n\n(d)  Method of updating fees.  Each fee shall be updated by updating the cost components comprising the fee. However, fees shall not exceed the maximum amounts established by law. Cost components shall be updated as follows:\n\n(1) Direct labor costs shall be updated by multiplying base level direct labor costs by percentage changes in average wages and salaries of FMCSA employees. Base level direct labor costs are direct labor costs determined by the cost study in  Regulations Governing Fees For Service,  1 I.C.C. 2d 60 (1984), or subsequent cost studies. The base period for measuring changes shall be April 1984 or the year of the last cost study.\n\n(2) Operations overhead shall be developed on the basis of current relationships existing on a weighted basis, for indirect labor applicable to the first supervisory work centers directly associated with user fee activity. Actual updating of operations overhead shall be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead costs.\n\n(3)(i) Office general and administrative costs shall be developed on the basis of current levels costs,  i.e.,  dividing actual office general and administrative costs for the current fiscal year by total office costs for the office directly associated with user fee activity. Actual updating of office general and administrative costs shall be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead and current operations overhead costs.\n\n(ii) The FMCSA general and administrative costs shall be developed on the basis of current level costs;  i.e.,  dividing actual FMCSA general and administrative costs for the current fiscal year by total Agency expenses for the current fiscal year. Actual updating of FMCSA general and administrative costs shall be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead, operations overhead and office general and administrative costs.\n\n(4) Publication costs shall be adjusted on the basis of known changes in the costs applicable to publication of material in the  Federal Register  or FMCSA Register.\n\n(e)  Rounding of updated fees.  Updated fees shall be rounded as follows. (This rounding procedure excludes copying, printing and search fees.)\n\n(1) Fees between $1 and $30 shall be rounded to the nearest $1;\n\n(2) Fees between $30 and $100 shall be rounded to the nearest $10;\n\n(3) Fees between $100 and $999 shall be rounded to the nearest $50; and\n\n(4) Fees above $1,000 shall be rounded to the nearest $100."], ["49:49:5.1.1.2.6.0.1.8", 49, "Transportation", "III", "B", "360", "PART 360\u2014FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE", "", "", "", "\u00a7 360.5T Updating user fees.", "FHWA", "", "", "[82 FR 5298, Jan. 17, 2017]", "(a)  Update.  Each fee established in this part may be updated in accordance with this section as deemed necessary by the FMCSA.\n\n(b)  Publication and effective dates.  Updated fees shall be published in the  Federal Register  and shall become effective 30 days after publication.\n\n(c)  Payment of fees.  Any person submitting a filing for which a fee is established shall pay the fee in effect at the time of the filing.\n\n(d)  Method of updating fees.  Each fee shall be updated by updating the cost components comprising the fee. Cost components shall be updated as follows:\n\n(1) Direct labor costs shall be updated by multiplying base level direct labor costs by percentage changes in average wages and salaries of FMCSA employees. Base level direct labor costs are direct labor costs determined by the cost study in Regulations Governing Fees For Service, 1 I.C.C. 2d 60 (1984), or subsequent cost studies. The base period for measuring changes shall be April 1984 or the year of the last cost study.\n\n(2) Operations overhead shall be developed each year on the basis of current relationships existing on a weighted basis, for indirect labor applicable to the first supervisory work centers directly associated with user fee activity. Actual updating of operations overhead will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead costs.\n\n(3)(i) Office general and administrative costs shall be developed each year on the basis of current levels costs,  i.e.,  dividing actual office general and administrative costs for the current fiscal year by total office costs for the office directly associated with user fee activity. Actual updating of office general and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead and current operations overhead costs.\n\n(ii) FMCSA general and administrative costs shall be developed each year on the basis of current level costs;  i.e.,  dividing actual FMCSA general and administrative costs for the current fiscal year by total agency expenses for the current fiscal year. Actual updating of FMCSA general and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead, operations overhead and office general and administrative costs.\n\n(4) Publication costs shall be adjusted on the basis of known changes in the costs applicable to publication of material in the  Federal Register  or  FMCSA Register.  (This rounding procedures excludes copying, printing and search fees.)\n\n(e)  Rounding of updated fees.  Updated fees shall be rounded in the following manner:\n\n(1) Fees between $1 and $30 will be rounded to the nearest $1;\n\n(2) Fees between $30 and $100 will be rounded to the nearest $10;\n\n(3) Fees between $100 and $999 will be rounded to the nearest $50; and\n\n(4) Fees above $1,000 will be rounded to the nearest $100."], ["7:7:5.1.1.1.18.0.47.1", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.100 Definitions.", "APHIS", "", "", "[41 FR 49988, Nov. 12, 1976, as amended at 75 FR 68953, Nov. 102, 2010]", "As used in this part, words in the singular form shall be deemed to import the plural and vice versa, as the case may require.\n\nAdministrator.  The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator.\n\nAPHIS.  The Animal and Plant Health Inspection Service, United States Department of Agriculture.\n\nDepartment.  The U.S. Department of Agriculture.\n\nInterstate.  From one State into or through any other State; or within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.\n\nMove.  To carry, enter, import, mail, ship, or transport; to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive to carry, enter, import, mail, ship, or transport; to release into the environment; or to allow any of the activities described in this definition.\n\nNoxious weed.  Any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.\n\nPermit.  A written authorization, including by electronic methods, by the Administrator to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Administrator.\n\nPerson.  Any individual, partnership, corporation, association, joint venture, or other legal entity.\n\nPlant Protection and Quarantine Programs.  The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service of the Department.\n\nResponsible person.  The person who has control over and will maintain control over the movement of the noxious weed and assure that all conditions contained in the permit and requirements in this part are complied with. A responsible person must be at least 18 years of age and must be a legal resident of the United States or designate an agent who is at least 18 years of age and a legal resident of the United States.\n\nState.  Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.\n\nTaxon (taxa).  Any grouping within botanical nomenclature, such as family, genus, species, or cultivar.\n\nThrough the United States.  From and to places outside the United States.\n\nUnited States.  All of the States."], ["7:7:5.1.1.1.18.0.47.10", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.500 Petitions to add a taxon to the noxious weed list.", "APHIS", "", "", "[75 FR 68955, Nov. 10, 2010]", "A person may petition the Administrator to have a taxon added to the noxious weeds lists in \u00a7 360.200. Details of the petitioning process for adding a taxon to the lists are available on the Internet at  http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/listingguide.pdf.  Persons who submit a petition to add a taxon to the noxious weed lists must provide their name, address, telephone number, and (if available) e-mail address. Persons who submit a petition to add a taxon to the noxious weed lists are encouraged to provide the following information, which can help speed up the review process and help APHIS determine whether the specified plant taxon should be listed as a noxious weed:\n\n(a)  Identification of the taxon.  (1) The taxon's scientific name and author;\n\n(2) Common synonyms;\n\n(3) Botanical classification;\n\n(4) Common names;\n\n(5) Summary of life history;\n\n(6) Native and world distribution;\n\n(7) Distribution in the United States, if any (specific States, localities, or Global Positioning System coordinates);\n\n(8) Description of control efforts, if established in the United States; and\n\n(9) Whether the taxon is regulated at the State or local level.\n\n(b)  Potential consequences of the taxon's introduction or spread.  (1) The taxon's habitat suitability in the United States (predicted ecological range);\n\n(2) Dispersal potential (biological characteristics associated with invasiveness);\n\n(3) Potential economic impacts ( e.g.,  potential to reduce crop yields, lower commodity values, or cause loss of markets for U.S. goods); and\n\n(4) Potential environmental impacts (e.g., impacts on ecosystem processes, natural community composition or structure, human health, recreation patterns, property values, or use of chemicals to control the taxon).\n\n(c)  Likelihood of the taxon's introduction or spread.  (1) Potential pathways for the taxon's movement into and within the United States; and\n\n(2) The likelihood of survival and spread of the taxon within each pathway.\n\n(d) List of references."], ["7:7:5.1.1.1.18.0.47.11", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.501 Petitions to remove a taxon from the noxious weed lists.", "APHIS", "", "", "[75 FR 68955, Nov. 10, 2010]", "A person may petition the Administrator to remove a taxon from the noxious weeds lists in \u00a7 360.200. Details of the petitioning process for removing a taxon from the lists are available at  http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/delistingguide.pdf.  Persons who submit a petition to remove a taxon from the noxious weed lists would be required to provide their name, address, telephone number, and (if available) e-mail address. Persons who submit a petition to remove a taxon from the noxious weed lists are encouraged to provide the following information, which can help speed up the review process and help APHIS determine whether the specified plant taxon should not be listed as a noxious weed:\n\n(a) Evidence that the species is distributed throughout its potential range or has spread too far to implement effective control.\n\n(b) Evidence that control efforts have been unsuccessful and further efforts are unlikely to succeed.\n\n(c) For cultivars of a listed noxious weed, scientific evidence that the cultivar has a combination of risk elements that result in a low pest risk. For example, the cultivar may have a narrow habitat suitability, low dispersal potential, evidence of sterility, inability to cross-pollinate with introduced wild types, or few if any potential negative impacts on the economy or environment of the United States.\n\n(d) List of references."], ["7:7:5.1.1.1.18.0.47.12", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.600 Preemption of State and local laws.", "APHIS", "", "", "[74 FR 53400, Oct. 19, 2009. Redesignated at 75 FR 68955, Nov. 10, 2010]", "(a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate it, or prevent its dissemination. A State or political subdivision of a State also may not impose prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has issued a regulation or order to prevent the dissemination of the noxious weed within the United States. The only exceptions to this are:\n\n(1) If the prohibitions or restrictions issued by the State or political subdivision of a State are consistent with and do not exceed the regulations or orders issued by the Secretary; or\n\n(2) If the State or political subdivision of a State demonstrates to the Secretary and the Secretary finds that there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment.\n\n(b) Therefore, in accordance with section 436 of the Plant Protection Act, the regulations in this part preempt all State and local laws and regulations that are inconsistent with or exceed the regulations in this part unless a special need request has been granted in accordance with the regulations in \u00a7\u00a7 301.1 through 301.13 of this chapter."], ["7:7:5.1.1.1.18.0.47.2", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.200 Designation of noxious weeds.", "APHIS", "", "", "[48 FR 20039, May 4, 1983, as amended at 49 FR 25223, June 20, 1984; 57 FR 8838, Mar. 13, 1992; 60 FR 35832, July 12, 1995; 64 FR 12883, Mar. 16, 1999; 65 FR 33743, May 25, 2000; 66 FR 21060, Apr. 27, 2001; 71 FR 35381, June 20, 2006; 74 FR 53400, Oct. 19, 2009; 75 FR 68953, Nov. 10, 2010]", "The Administrator has determined that it is necessary to designate the following plants \n 1 \n   as noxious weeds to prevent their introduction into the United States or their dissemination within the United States:\n\n1  One or more of the common names of weeds are given in parentheses after most scientific names to help identify the weeds represented by such scientific names; however, a scientific name is intended to include all subordinate taxa within the taxon. For example, taxa listed at the genus level include all species, subspecies, varieties, and forms within the genus; taxa listed at the species level include all subspecies, varieties, and forms within the species.\n\n(a)  Aquatic and wetland weeds:\n\nAzolla pinnata  R. Brown (mosquito fern, water velvet)\n \n Caulerpa taxifolia  (Vahl) C. Agardh, Mediterranean strain (killer algae)\n \n Eichhornia azurea  (Swartz) Kunth\n \n Hydrilla verticillata  (Linnaeus f.) Royle (hydrilla)\n \n Hygrophila polysperma  T. Anderson (Miramar weed)\n \n Ipomoea aquatica  Forsskal (water-spinach, swamp morning-glory)\n \n Lagarosiphon major  (Ridley) Moss\n \n Limnophila sessiliflora  (Vahl) Blume (ambulia)\n \n Melaleuca quinquenervia  (Cavanilles) S.T. Blake\n \n Monochoria hastata  (Linnaeus) Solms-Laubach\n \n Monochoria vaginalis  (Burman f.) C. Presl\n \n Ottelia alismoides (L.) Pers. \n \n Sagittaria sagittifolia  Linnaeus (arrowhead)\n \n Salvinia auriculata  Aublet (giant salvinia)\n \n Salvinia biloba  Raddi (giant salvinia)\n \n Salvinia herzogii  de la Sota (giant salvinia)\n \n Salvinia molesta  D.S. Mitchell (giant salvinia)\n \n Solanum tampicense  Dunal (wetland nightshade)\n \n Sparganium erectum  Linnaeus (exotic bur-reed)\n\nAzolla pinnata  R. Brown (mosquito fern, water velvet)\n\nCaulerpa taxifolia  (Vahl) C. Agardh, Mediterranean strain (killer algae)\n\nEichhornia azurea  (Swartz) Kunth\n\nHydrilla verticillata  (Linnaeus f.) Royle (hydrilla)\n\nHygrophila polysperma  T. Anderson (Miramar weed)\n\nIpomoea aquatica  Forsskal (water-spinach, swamp morning-glory)\n\nLagarosiphon major  (Ridley) Moss\n\nLimnophila sessiliflora  (Vahl) Blume (ambulia)\n\nMelaleuca quinquenervia  (Cavanilles) S.T. Blake\n\nMonochoria hastata  (Linnaeus) Solms-Laubach\n\nMonochoria vaginalis  (Burman f.) C. Presl\n\nOttelia alismoides (L.) Pers.\n\nSagittaria sagittifolia  Linnaeus (arrowhead)\n\nSalvinia auriculata  Aublet (giant salvinia)\n\nSalvinia biloba  Raddi (giant salvinia)\n\nSalvinia herzogii  de la Sota (giant salvinia)\n\nSalvinia molesta  D.S. Mitchell (giant salvinia)\n\nSolanum tampicense  Dunal (wetland nightshade)\n\nSparganium erectum  Linnaeus (exotic bur-reed)\n\n(b)  Parasitic weeds:\n\nAeginetia  spp.\n \n Alectra  spp.\n \n Cuscuta  spp. (dodders), other than following species:\n \n Cuscuta americana  Linnaeus\n \n Cuscuta applanata  Engelmann\n \n Cuscuta approximata  Babington\n \n Cuscuta attenuata  Waterfall\n \n Cuscuta boldinghii  Urban\n \n Cuscuta brachycalyx  (Yuncker) Yuncker\n \n Cuscuta californica  Hooker & Arnott\n \n Cuscuta campestris  Yuncker\n \n Cuscuta cassytoides  Nees ex Engelmann\n \n Cuscuta ceanothi  Behr\n \n Cuscuta cephalanthi  Engelmann\n \n Cuscuta compacta  Jussieu\n \n Cuscuta coryli  Engelmann\n \n Cuscuta cuspidata  Engelmann\n \n Cuscuta decipiens  Yuncker\n \n Cuscuta dentatasquamata  Yuncker\n \n Cuscuta denticulata  Engelmann\n \n Cuscuta epilinum  Weihe\n \n Cuscuta epithymum  (Linnaeus) Linnaeus\n \n Cuscuta erosa  Yuncker\n \n Cuscuta europaea  Linnaeus\n \n Cuscuta exaltata  Engelmann\n \n Cuscuta fasciculata  Yuncker\n \n Cuscuta glabrior  (Engelmann) Yuncker\n \n Cuscuta globulosa  Bentham\n \n Cuscuta glomerata  Choisy\n \n Cuscuta gronovii  Willdenow\n \n Cuscuta harperi  Small\n \n Cuscuta howelliana  Rubtzoff\n \n Cuscuta indecora  Choisy\n \n Cuscuta leptantha  Engelmann\n \n Cuscuta mitriformis  Engelmann\n \n Cuscuta obtusiflora  Kunth\n \n Cuscuta odontolepis  Engelmann\n \n Cuscuta pentagona  Engelmann\n \n Cuscuta planiflora  Tenore\n \n Cuscuta plattensis  A. Nelson\n \n Cuscuta polygonorum  Engelmann\n \n Cuscuta rostrata  Shuttleworth ex Engelmann & Gray\n \n Cuscuta runyonii  Yuncker\n \n Cuscuta salina  Engelmann\n \n Cuscuta sandwichiana  Choisy\n \n Cuscuta squamata  Engelmann\n \n Cuscuta suaveolens  Seringe\n \n Cuscuta suksdorfii  Yuncker\n \n Cuscuta tuberculata  Brandegee\n \n Cuscuta umbellata  Kunth\n \n Cuscuta umbrosa  Beyrich ex Hooker\n \n Cuscuta veatchii  Brandegee\n \n Cuscuta warneri  Yuncker\n \n Orobanche  spp. (broomrapes), other than the following species:\n \n Orobanche bulbosa  (Gray) G. Beck\n \n Orobanche californica  Schlechtendal & Chamisso\n \n Orobanche cooperi  (Gray) Heller\n \n Orobanche corymbosa  (Rydberg) Ferris\n \n Orobanche dugesii  (S. Watson) Munz\n \n Orobanche fasciculata  Nuttall\n \n Orobanche ludoviciana  Nuttall\n \n Orobanche multicaulis  Brandegee\n \n Orobanche parishii  (Jepson) Heckard\n \n Orobanche pinorum  Geyer ex Hooker\n \n Orobanche uniflora  Linnaeus\n \n Orobanche valida  Jepson\n \n Orobanche vallicola  (Jepson) Heckard\n \n Striga  spp. (witchweeds)\n\nAeginetia  spp.\n\nAlectra  spp.\n\nCuscuta  spp. (dodders), other than following species:\n\nOrobanche  spp. (broomrapes), other than the following species:\n\nStriga  spp. (witchweeds)\n\n(c)  Terrestrial weeds:\n\nAcacia nilotica  (Linnaeus) Wildenow ex Delile (gum arabic tree, thorny acacia\n \n Ageratina adenophora  (Sprengel) King & Robinson (crofton weed)\n \n Ageratina riparia  (Regel) R.M. King and H. Robinson (creeping croftonweed, mistflower)\n \n Alternanthera sessilis  (Linnaeus) R. Brown ex de Candolle (sessile joyweed)\n \n Arctotheca calendula  (Linnaeus) Levyns (capeweed)\n \n Asphodelus fistulosus  Linnaeus (onionweed)\n \n Avena sterilis  Linnaeus (including  Avena ludoviciana  Durieu) (animated oat, wild oat)\n \n Carthamus oxyacantha  M. Bieberstein (wild safflower)\n \n Chrysopogon aciculatus  (Retzius) Trinius (pilipiliula)\n \n Commelina benghalensis  Linnaeus (Benghal dayflower)\n \n Crupina vulgaris  Cassini (common crupina)\n \n Digitaria abyssinica  (Hochstetter ex A. Richard) Stapf (African couchgrass, fingergrass)\n \n Digitaria velutina  (Forsskal) Palisot de Beauvois (velvet fingergrass, annual couchgrass)\n \n Drymaria arenariodes  Humboldt & Bonpland ex J.A. Schultes (lightning weed)\n \n Emex australis  Steinheil (three-cornered jack)\n \n Emex spinosa  (Linnaeus) Campdera (devil's thorn)\n \n Euphorbia terracina  Linnaeus (false caper, Geraldton carnation weed)\n \n Galega officinalis  Linnaeus (goatsrue)\n \n Heracleum mantegazzianum  Sommier & Levier (giant hogweed)\n \n Imperata brasiliensis  Trinius (Brazilian satintail)\n \n Imperata cylindrica  (Linnaeus) Palisot de Beauvois (cogongrass)\n \n Inula britannica  Linnaeus (British elecampane, British yellowhead)\n \n Ischaemum rugosum  Salisbury (murainograss)\n \n Leptochloa chinensis  (Linnaeus) Nees (Asian sprangletop)\n \n Lycium ferocissimum  Miers (African boxthorn)\n \n Lygodium flexuosum  (Linnaeus) Swartz (maidenhair creeper)\n \n Lygodium microphyllum  (Cavanilles) R. Brown (Old World climbing fern)\n \n Melastoma malabathricum  Linnaeus\n \n Mikania cordata  (Burman f.) B. L. Robinson (mile-a-minute)\n \n Mikania micrantha  Kunth\n \n Mimosa diplotricha  C. Wright (giant sensitive-plant)\n \n Mimosa pigra  Linneaus var.  pigra  (catclaw mimosa)\n \n Moraea collina  Thunberg (apricot Cape-tulip)\n \n Moraea flaccida  (Sweet) Steudel (one-leaf Cape-tulip)\n \n Moraea miniata  Andrews (two-leaf Cape-tulip)\n \n Moraea ochroleuca  (Salisbury) Drapiez (red Cape-tulip)\n \n Moraea pallida  (Baker) Goldblatt (yellow Cape-tulip)\n \n Nassella trichotoma  (Nees) Hackel ex Arechavaleta (serrated tussock)\n \n Onopordum acaulon  Linnaeus (stemless thistle)\n \n Onopordum illyricum  Linnaeus (Illyrian thistle)\n \n Opuntia aurantiaca  Lindley (jointed prickly pear)\n \n Oryza longistaminata  A. Chevalier & Roehrich (red rice)\n \n Oryza punctata  Kotschy ex Steudel (red rice)\n \n Oryza rufipogon  Griffith (red rice)\n \n Paspalum scrobiculatum  Linnaeus (Kodo-millet)\n \n Pennisetum clandestinum  Hochstetter ex Chiovenda (kikuyugrass)\n \n Pennisetum macrourum  Trinius (African feathergrass)\n \n Pennisetum pedicellatum  Trinius (kyasumagrass)\n \n Pennisetum polystachion  (Linnaeus) Schultes (missiongrass, thin napiergrass)\n \n Prosopis alpataco  R. A. Philippi\n \n Prosopis argentina  Burkart\n \n Prosopis articulata  S. Watson\n \n Prosopis burkartii  Munoz\n \n Prosopis caldenia  Burkart\n \n Prosopis calingastana  Burkart\n \n Prosopis campestris  Griseback\n \n Prosopis castellanosii  Burkart\n \n Prosopis denudans  Bentham\n \n Prosopis elata  (Burkart) Burkart\n \n Prosopis farcta  (Banks & Solander) J.F. Macbride\n \n Prosopis ferox  Grisebach\n \n Prosopis fiebrigii  Harms\n \n Prosopis hassleri  Harms\n \n Prosopis humilis  Gillies ex Hooker & Arnott\n \n Prosopis kuntzei  Harms\n \n Prosopis pallida  (Humboldt & Bonpland ex Willdenow) Kunth\n \n Prosopis palmeri  S. Watson\n \n Prosopis reptans  Bentham var.  reptans \n \n Prosopis rojasiana  Burkart\n \n Prosopis ruizlealii  Burkart\n \n Prosopis ruscifolia  Grisebach\n \n Prosopis sericantha  Gillies ex Hooker & Arnott\n \n Prosopis strombulifera  (Lamarck) Bentham\n \n Prosopis torquata  (Cavanilles ex Lagasca y Segura) de Candolle\n \n Rottboellia cochinchinensis  (Lour.) W. Clayton\n \n Rubus fruticosus  Linnaeus (complex) (wild blackberry)\n \n Rubus moluccanus  Linnaeus (wild raspberry)\n \n Saccharum spontaneum  Linnaeus (wild sugarcane)\n \n Salsola vermiculata  Linnaeus (wormleaf salsola)\n \n Senecio inaequidens  DC. (South African ragwort)\n \n Senecio madagascariensis  Poir. (Madagascar ragwort)\n \n Setaria pumila  (Poir.) Roem. & Schult. subsp.  pallidefusca  (Schumach.) B.K. Simon (cattail grass)\n \n Solanum torvum  Swartz (turkeyberry)\n \n Solanum viarum  Dunal (tropical soda apple)\n \n Spermacoce alata  Aublet\n \n Tridax procumbens  Linnaeus (coat buttons)\n \n Urochloa panicoides  Beauvois (liverseed grass)\n\nAcacia nilotica  (Linnaeus) Wildenow ex Delile (gum arabic tree, thorny acacia\n\nAgeratina adenophora  (Sprengel) King & Robinson (crofton weed)\n\nAgeratina riparia  (Regel) R.M. King and H. Robinson (creeping croftonweed, mistflower)\n\nAlternanthera sessilis  (Linnaeus) R. Brown ex de Candolle (sessile joyweed)\n\nArctotheca calendula  (Linnaeus) Levyns (capeweed)\n\nAsphodelus fistulosus  Linnaeus (onionweed)\n\nAvena sterilis  Linnaeus (including  Avena ludoviciana  Durieu) (animated oat, wild oat)\n\nCarthamus oxyacantha  M. Bieberstein (wild safflower)\n\nChrysopogon aciculatus  (Retzius) Trinius (pilipiliula)\n\nCommelina benghalensis  Linnaeus (Benghal dayflower)\n\nCrupina vulgaris  Cassini (common crupina)\n\nDigitaria abyssinica  (Hochstetter ex A. Richard) Stapf (African couchgrass, fingergrass)\n\nDigitaria velutina  (Forsskal) Palisot de Beauvois (velvet fingergrass, annual couchgrass)\n\nDrymaria arenariodes  Humboldt & Bonpland ex J.A. Schultes (lightning weed)\n\nEmex australis  Steinheil (three-cornered jack)\n\nEmex spinosa  (Linnaeus) Campdera (devil's thorn)\n\nEuphorbia terracina  Linnaeus (false caper, Geraldton carnation weed)\n\nGalega officinalis  Linnaeus (goatsrue)\n\nHeracleum mantegazzianum  Sommier & Levier (giant hogweed)\n\nImperata brasiliensis  Trinius (Brazilian satintail)\n\nImperata cylindrica  (Linnaeus) Palisot de Beauvois (cogongrass)\n\nInula britannica  Linnaeus (British elecampane, British yellowhead)\n\nIschaemum rugosum  Salisbury (murainograss)\n\nLeptochloa chinensis  (Linnaeus) Nees (Asian sprangletop)\n\nLycium ferocissimum  Miers (African boxthorn)\n\nLygodium flexuosum  (Linnaeus) Swartz (maidenhair creeper)\n\nLygodium microphyllum  (Cavanilles) R. Brown (Old World climbing fern)\n\nMelastoma malabathricum  Linnaeus\n\nMikania cordata  (Burman f.) B. L. Robinson (mile-a-minute)\n\nMikania micrantha  Kunth\n\nMimosa diplotricha  C. Wright (giant sensitive-plant)\n\nMimosa pigra  Linneaus var.  pigra  (catclaw mimosa)\n\nMoraea collina  Thunberg (apricot Cape-tulip)\n\nMoraea flaccida  (Sweet) Steudel (one-leaf Cape-tulip)\n\nMoraea miniata  Andrews (two-leaf Cape-tulip)\n\nMoraea ochroleuca  (Salisbury) Drapiez (red Cape-tulip)\n\nMoraea pallida  (Baker) Goldblatt (yellow Cape-tulip)\n\nNassella trichotoma  (Nees) Hackel ex Arechavaleta (serrated tussock)\n\nOnopordum acaulon  Linnaeus (stemless thistle)\n\nOnopordum illyricum  Linnaeus (Illyrian thistle)\n\nOpuntia aurantiaca  Lindley (jointed prickly pear)\n\nOryza longistaminata  A. Chevalier & Roehrich (red rice)\n\nOryza punctata  Kotschy ex Steudel (red rice)\n\nOryza rufipogon  Griffith (red rice)\n\nPaspalum scrobiculatum  Linnaeus (Kodo-millet)\n\nPennisetum clandestinum  Hochstetter ex Chiovenda (kikuyugrass)\n\nPennisetum macrourum  Trinius (African feathergrass)\n\nPennisetum pedicellatum  Trinius (kyasumagrass)\n\nPennisetum polystachion  (Linnaeus) Schultes (missiongrass, thin napiergrass)\n\nProsopis alpataco  R. A. Philippi\n\nProsopis argentina  Burkart\n\nProsopis articulata  S. Watson\n\nProsopis burkartii  Munoz\n\nProsopis caldenia  Burkart\n\nProsopis calingastana  Burkart\n\nProsopis campestris  Griseback\n\nProsopis castellanosii  Burkart\n\nProsopis denudans  Bentham\n\nProsopis elata  (Burkart) Burkart\n\nProsopis farcta  (Banks & Solander) J.F. Macbride\n\nProsopis ferox  Grisebach\n\nProsopis fiebrigii  Harms\n\nProsopis hassleri  Harms\n\nProsopis humilis  Gillies ex Hooker & Arnott\n\nProsopis kuntzei  Harms\n\nProsopis pallida  (Humboldt & Bonpland ex Willdenow) Kunth\n\nProsopis palmeri  S. Watson\n\nProsopis reptans  Bentham var.  reptans\n\nProsopis rojasiana  Burkart\n\nProsopis ruizlealii  Burkart\n\nProsopis ruscifolia  Grisebach\n\nProsopis sericantha  Gillies ex Hooker & Arnott\n\nProsopis strombulifera  (Lamarck) Bentham\n\nProsopis torquata  (Cavanilles ex Lagasca y Segura) de Candolle\n\nRottboellia cochinchinensis  (Lour.) W. Clayton\n\nRubus fruticosus  Linnaeus (complex) (wild blackberry)\n\nRubus moluccanus  Linnaeus (wild raspberry)\n\nSaccharum spontaneum  Linnaeus (wild sugarcane)\n\nSalsola vermiculata  Linnaeus (wormleaf salsola)\n\nSenecio inaequidens  DC. (South African ragwort)\n\nSenecio madagascariensis  Poir. (Madagascar ragwort)\n\nSetaria pumila  (Poir.) Roem. & Schult. subsp.  pallidefusca  (Schumach.) B.K. Simon (cattail grass)\n\nSolanum torvum  Swartz (turkeyberry)\n\nSolanum viarum  Dunal (tropical soda apple)\n\nSpermacoce alata  Aublet\n\nTridax procumbens  Linnaeus (coat buttons)\n\nUrochloa panicoides  Beauvois (liverseed grass)"], ["7:7:5.1.1.1.18.0.47.3", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.300 Notice of restrictions on movement of noxious weeds.", "APHIS", "", "", "[75 FR 68954, Nov. 10, 2010]", "No person may move a Federal noxious weed into or through the United States, or interstate, unless:\n\n(a) He or she applies for a permit to move a noxious weed in accordance with \u00a7 360.301;\n\n(b) The permit application is approved; and\n\n(c) The movement is consistent with the specific conditions contained in the permit."], ["7:7:5.1.1.1.18.0.47.4", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.301 Information required for applications for permits to move noxious weeds.", "APHIS", "", "", "[75 FR 68954, Nov. 10, 2010]", "(a)  Permit to import a noxious weed into the United States.  A responsible person must apply for a permit to import a noxious weed into the United States.\n 2 \n   The application must include the following information:\n\n2  Information on applying for a permit to import a noxious weed into the United States is available at  http://www.aphis.usda.gov/plant_health/permits/plantproducts.shtml.\n\n(1) The responsible person's name, address, telephone number, and (if available) e-mail address;\n\n(2) The taxon of the noxious weed;\n\n(3) Plant parts to be moved;\n\n(4) Quantity of noxious weeds to be moved per shipment;\n\n(5) Proposed number of shipments per year;\n\n(6) Origin of the noxious weeds;\n\n(7) Destination of the noxious weeds;\n\n(8) Whether the noxious weed is established in the State of destination;\n\n(9) Proposed method of shipment;\n\n(10) Proposed port of first arrival in the United States;\n\n(11) Approximate date of arrival;\n\n(12) Intended use of the noxious weeds;\n\n(13) Measures to be employed to prevent danger of noxious weed dissemination; and\n\n(14) Proposed method of final disposition of the noxious weeds.\n\n(b)  Permit to move noxious weeds interstate.  A responsible person must apply for a permit to move a noxious weed interstate. \n 3 \n   The application must include the following information:\n\n3  Information on applying for a permit to move a noxious weed interstate is available at  http://www.aphis.usda.gov/plant_health/permits/plantproducts.shtml.\n\n(1) The responsible person's name, address, telephone number, and (if available) e-mail address;\n\n(2) The taxon of the noxious weed;\n\n(3) Plant parts to be moved;\n\n(4) Quantity of noxious weeds to be moved per shipment;\n\n(5) Proposed number of shipments per year,\n\n(6) Origin of the noxious weeds;\n\n(7) Destination of the noxious weeds;\n\n(8) Whether the noxious weed is established in the State of destination;\n\n(9) Proposed method of shipment,\n\n(10) Approximate date of movement;\n\n(11) Intended use of the noxious weeds;\n\n(12) Measures to be employed to prevent danger of noxious weed dissemination; and\n\n(13) Proposed method of final disposition of the noxious weeds.\n\n(c)  Permits to move noxious weeds through the United States.  Permits to move noxious weeds through the United States must be obtained in accordance with part 352 of this chapter."], ["7:7:5.1.1.1.18.0.47.5", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.302 Consideration of applications for permits to move noxious weeds.", "APHIS", "", "", "[75 FR 68954, Nov. 10, 2010]", "Upon the receipt of an application made in accordance with \u00a7 360.301 for a permit for movement of a noxious weed into the United States or interstate, the Administrator will consider the application on its merits.\n\n(a)  Consultation.  The Administrator may consult with other Federal agencies or entities, States or political subdivisions of States, national governments, local governments in other nations, domestic or international organizations, domestic or international associations, and other persons for views on the danger of noxious weed dissemination into the United States, or interstate, in connection with the proposed movement.\n\n(b)  Inspection of premises.  The Administrator may inspect the site where noxious weeds are proposed to be handled in connection with or after their movement under permit to determine whether existing or proposed facilities will be adequate to prevent noxious weed dissemination if a permit is issued."], ["7:7:5.1.1.1.18.0.47.6", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.303 Approval of an application for a permit to move a noxious weed; conditions specified in permit.", "APHIS", "", "", "[75 FR 68954, Nov. 10, 2010]", "The Administrator will approve or deny an application for a permit to move a noxious weed. If the application is approved, the Administrator will issue the permit including any conditions that the Administrator has determined are necessary to prevent dissemination of noxious weeds into the United States or interstate. Such conditions may include requirements for inspection of the premises where the noxious weed is to be handled after its movement under the permit, to determine whether the facilities there are adequate to prevent noxious weed dissemination and whether the conditions of the permit are otherwise being observed. Before the permit is issued, the Administrator will require the responsible person to agree in writing to the conditions under which the noxious weed will be safeguarded."], ["7:7:5.1.1.1.18.0.47.7", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.304 Denial of an application for a permit to move a noxious weed; revocation of a permit to move a noxious weed.", "APHIS", "", "", "[75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014]", "(a) The Administrator may deny an application for a permit to move a noxious weed when the Administrator determines that:\n\n(1) No safeguards adequate or appropriate to prevent dissemination of the noxious weed can be implemented; or\n\n(2) The destructive potential of the noxious weed, should it escape despite proposed safeguards, outweighs the probable benefits to be derived from the proposed movement and use of the noxious weed; or\n\n(3) The responsible person, or the responsible person's agent, as a previous permittee, failed to maintain the safeguards or otherwise observe the conditions prescribed in a previous permit and failed to demonstrate the ability or intent to observe them in the future; or\n\n(4) The movement could impede an APHIS eradication, suppression, control, or regulatory program; or\n\n(5) A State plant regulatory official objects to the issuance of the permit on the grounds that granting the permit will pose a risk of dissemination of the noxious weed into the State; or\n\n(6) The application for the permit contains information that is found to be materially false, fraudulent, or deceptive; or\n\n(7) APHIS may deny a permit to a person who has previously failed to comply with any APHIS regulation.\n\n(b) The Administrator may revoke any outstanding permit when:\n\n(1) After the issuance of the permit, information is received that constitutes cause for the denial of an application for permit under paragraph (a) of this section; or\n\n(2) The responsible person has not maintained the safeguards or otherwise observed the conditions specified in the permit.\n\n(c) If a permit is orally revoked, APHIS will provide the reasons for the withdrawal of the permit in writing within 10 days. Any person whose permit has been revoked or any person who has been denied a permit may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the revocation or denial. The appeal must state all of the facts and reasons upon which the person relies to show that the permit was wrongfully revoked or denied. The Administrator will grant or deny the appeal, in writing, stating the reasons for the decision as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning such a hearing will be adopted by the Administrator."], ["7:7:5.1.1.1.18.0.47.8", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.305 Disposal of noxious weeds when permits are revoked.", "APHIS", "", "", "[75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014]", "When a permit for the movement of a noxious weed is revoked by the Administrator and not reinstated under \u00a7 360.304(c), further movement of the noxious weed covered by the permit into or through the United States, or interstate, is prohibited unless authorized by another permit. The responsible person must arrange for disposal of the noxious weed in question in a manner that the Administrator determines is adequate to prevent noxious weed dissemination. The Administrator may seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of, in such manner as the Administrator deems appropriate, any noxious weed that is moved without compliance with any conditions in the permit or after the permit has been revoked whenever the Administrator deems it necessary in order to prevent the dissemination of any noxious weed into or within the United States."], ["7:7:5.1.1.1.18.0.47.9", 7, "Agriculture", "III", "", "360", "PART 360\u2014NOXIOUS WEED REGULATIONS", "", "", "", "\u00a7 360.400 Treatments.", "APHIS", "", "", "[75 FR 68955, Nov. 10, 2010, as amended at 83 FR 11867, Mar. 19, 2018]", "(a) Seeds of  Guizotia abyssinica  (niger seed) are commonly contaminated with noxious weed seeds listed in \u00a7 360.200, including (but not limited to)  Cuscuta  spp. Therefore,  Guizotia abyssinica  seeds may be imported into the United States only if:\n\n(1) They are treated in accordance with part 305 of this chapter at the time of arrival at the port of first arrival in the United States; or\n\n(2) They are treated prior to shipment to the United States at a facility that is approved by APHIS \n 4 \n   and that operates in compliance with a written agreement between the treatment facility owner and the plant protection service of the exporting country, in which the treatment facility owner agrees to comply with the provisions of \u00a7 319.37-9(c) of this chapter and allow inspectors and representatives of the plant protection service of the exporting country access to the treatment facility as necessary to monitor compliance with the regulations. Treatments must be certified in accordance with the conditions described in \u00a7 319.37-9(c) of this chapter.\n\n4  Criteria for the approval of heat treatment facilities are contained in part 305 of this chapter.\n\n(b) [Reserved]"]], "truncated": false, "filtered_table_rows_count": 25, "expanded_columns": [], "expandable_columns": [], "columns": ["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"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select 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 from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "360"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=360", "results": [{"value": 7, "label": 7, "count": 12, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&title_number=7", "selected": false}, {"value": 49, "label": 49, "count": 8, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&title_number=49", "selected": false}, {"value": 44, "label": 44, "count": 5, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&title_number=44", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=360", "results": [{"value": "APHIS", "label": "APHIS", "count": 12, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&agency=APHIS", "selected": false}, {"value": "FHWA", "label": "FHWA", "count": 8, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&agency=FHWA", "selected": false}, {"value": "FEMA", "label": "FEMA", "count": 5, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&agency=FEMA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=360", "results": [{"value": "360", "label": "360", "count": 25, "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&_facet=part_name"}, {"name": "amendment_citations", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&_facet=amendment_citations"}, {"name": "full_text", "toggle_url": "https://regs.datadawn.org/openregs/cfr_sections.json?part_number=360&_facet=full_text"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 4.308604053221643, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}