Subpart A Policies, Applicability, and Definitions
Subpart B Tribal Transportation Program Policy and Eligibility
Subpart C Tribal Transportation Program Funding
Subpart D Planning, Design, and Construction of Tribal Transportation Program Facilities
Subpart E Service Delivery for Tribal Transportation Program
Subpart F Program Oversight and Accountability
Subpart G Maintenance
Subpart H Miscellaneous Provisions

Terms Used In CFR > Title 25 > Chapter I > Subchapter H > Part 170

  • Accreditation: means a determination by a recognized accreditation body (or, in the case of direct accreditation, by FDA) that a third-party certification body meets the applicable requirements of this subpart. See 43 CFR 9180.1
  • Accreditation body: means an authority that performs accreditation of third-party certification bodies. See 43 CFR 9180.1
  • Accredited third-party certification body: means a third-party certification body that a recognized accreditation body (or, in the case of direct accreditation, FDA) has determined meets the applicable requirements of this subpart and is accredited to conduct food safety audits and to issue food or facility certifications to eligible entities. See 43 CFR 9180.1
  • act: means the Federal Food, Drug, and Cosmetic Act. See 21 CFR 1.276
  • Act: means the Federal Food, Drug, and Cosmetic Act. See 21 CFR 1.377
  • Active borrower: A borrower who has an outstanding account in the records of the Office of the Deputy Chief Financial Officer (ODCFO), including collection-only or an unsatisfied account balance where a voluntary conveyance was accepted without release from liability of foreclosure did not satisfy the indebtedness. See 25 CFR 170.440
  • Applicant: means the person in whose name a special permit, approval, registration, a renewed or modified special permit or approval, or party status to a special permit is requested to be issued. See 49 CFR 107.1
  • Application: means a request under subpart B of this part for a special permit, a renewal or modification of a special permit, party status to a special permit, or a request under subpart H of this part for an approval, or renewal or modification of an approval. See 49 CFR 107.1
  • Assistance: Finance assistance in the form of a loan, grant, or subsidy received. See 25 CFR 170.440
  • Audit: means the systematic and functionally independent examination of an eligible entity under this subpart by an accredited third-party certification body or by FDA. See 43 CFR 9180.1
  • Audit agent: means an individual who is an employee or other agent of an accredited third-party certification body who, although not individually accredited, is qualified to conduct food safety audits on behalf of an accredited third-party certification body. See 43 CFR 9180.1
  • Authorized FDA representative: means an FDA District Director in whose district the article of food involved is located or an FDA official senior to such director. See 21 CFR 1.377
  • Calendar day: means every day shown on the calendar. See 21 CFR 1.377
  • Closing agent: An attorney or title insurance company which is approved as a loan closing agent in accordance with subpart B of part 1927 of this chapter. See 25 CFR 170.512
  • Consultative audit: means an audit of an eligible entity:

    (i) To determine whether such entity is in compliance with the applicable food safety requirements of the FD&C Act, FDA regulations, and industry standards and practices. See 43 CFR 9180.1

  • Country from which the article is shipped: means the country in which the article of food is loaded onto the conveyance that brings it to the United States or, in the case of food sent by international mail, the country from which the article is mailed. See 21 CFR 1.276
  • Custodial property: Borrower-owned real property and improvements which serve as security for an Rural Development loan, have been abandoned by the borrower, and of which the respective Agency has taken possession. See 25 CFR 170.616
  • Debt instrument: Used as a collective term to include promissory note, assumption agreement, grant agreement, or bond. See 25 CFR 170.440
  • Deceased beneficiary: In the event that a person, who is otherwise qualified to receive payments as the result of a deficit caused by an underpayment under the provisions of paragraph (c) of this section, dies before receiving payment or before negotiating the check or checks representing such payment, his or her share of the underpayment shall be divided among the remaining living person(s) in the same order or priority. See 20 CFR 725.545
  • Definitions: For definitions of compressed gases, see §173. See 49 CFR 173.314
  • Direct accreditation: means accreditation of a third-party certification body by FDA. See 43 CFR 9180.1
  • Direct loan accounts: For a borrower with a direct loan, the term "installation on note and other charges" as used in this Subpart, will be the sum of the following:

    (i) Annual installment for the year as provided in the promissory note(s). See 25 CFR 170.110

  • Domestic facility: means any facility located in any State or Territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico that manufactures/processes, packs, or holds food for consumption in the United States. See 21 CFR 1.227
  • Eligible entity: means a foreign entity in the import supply chain of food for consumption in the United States that chooses to be subject to a food safety audit under this subpart conducted by an accredited third-party certification body. See 43 CFR 9180.1
  • Facility: means any structure, or structures of an eligible entity under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, holds, grows, harvests, or raises animals for food for consumption in the United States. See 43 CFR 9180.1
  • Facility: means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. See 21 CFR 1.227
  • Facility certification: means an attestation, issued for purposes of section 801(q) or 806 of the FD&C Act by an accredited third-party certification body, after conducting a regulatory audit and any other activities necessary to establish whether a facility complies with the applicable food safety requirements of the FD&C Act and FDA regulations. See 43 CFR 9180.1
  • False information: Information, known to be incorrect, provided with the intent to obtain benefits which would not have been obtainable based on correct information. See 25 CFR 170.440
  • farm: includes operations that, in addition to these activities:

    (i) Pack or hold raw agricultural commodities;

    (ii) Pack or hold processed food, provided that all processed food used in such activities is either consumed on that farm or another farm under the same management, or is processed food identified in paragraph (1)(iii)(B)(1) of this definition; and

    (iii) Manufacture/process food, provided that:

    (A) All food used in such activities is consumed on that farm or another farm under the same management; or

    (B) Any manufacturing/processing of food that is not consumed on that farm or another farm under the same management consists only of:

    (1) Drying/dehydrating raw agricultural commodities to create a distinct commodity (such as drying/dehydrating grapes to produce raisins), and packaging and labeling such commodities, without additional manufacturing/processing (an example of additional manufacturing/processing is slicing);

    (2) Treatment to manipulate the ripening of raw agricultural commodities (such as by treating produce with ethylene gas), and packaging and labeling treated raw agricultural commodities, without additional manufacturing/processing; and

    (3) Packaging and labeling raw agricultural commodities, when these activities do not involve additional manufacturing/processing (an example of additional manufacturing/processing is irradiation); or

    (2) Secondary activities farm. See 21 CFR 1.227

  • Farmer program loans: This includes Farm Ownership (FO), Soil and Water (SW), Recreation (RL), Economic Opportunity (EO), Operating (OL), Emergency (EM), Economic Emergency (EE), Special Livestock (SL), Softwood Timber (ST) loans, and Rural Housing loans for farm service buildings (RHF). See 25 CFR 170.616
  • Farmer Programs loans: The term "Farmer Program loans" (FP) refers to the following types of loans: Farm Ownership (FO), Soil and Water (SW), Recreation (RL), Economic Opportunity (EO), Operating (OL), Emergency (EM), Economic Emergency (EE), Softwood Timber (ST), and Rural Housing Loans for farm service buildings (RHF). See 25 CFR 170.512
  • Federal hazardous material transportation law: means 49 U. See 49 CFR 107.1
  • Filed: means received by the appropriate PHMSA or other designated office within the time specified in a regulation or rulemaking document. See 49 CFR 107.1
  • Food: has the meaning given in section 201(f) of the FD&C Act, except that food does not include pesticides (as defined in 7 U. See 43 CFR 9180.1
  • Food: has the meaning given in section 201(f) of the Federal Food, Drug, and Cosmetic Act:

    (1) Except for purposes of this subpart, it does not include:

    (i) Food contact substances as defined in section 409(h)(6) of the Federal Food, Drug, and Cosmetic Act. See 21 CFR 1.227

  • Food: has the meaning given in section 201(f) of the act, except as provided in paragraph (b)(5)(i) of this section. See 21 CFR 1.276
  • Food: has the meaning given in section 201(f) of the Federal Food, Drug, and Cosmetic Act. See 21 CFR 1.328
  • Food: has the meaning given in section 201(f) of the act (21 U. See 21 CFR 1.377
  • Food safety audit: means a regulatory audit or a consultative audit that is conducted to determine compliance with the applicable food safety requirements of the FD&C Act, FDA regulations, and for consultative audits, also includes conformance with industry standards and practices. See 43 CFR 9180.1
  • Foreign cooperative: means an autonomous association of persons, identified as members, who are united through a jointly owned enterprise to aggregate food from member growers or processors that is intended for export to the United States. See 43 CFR 9180.1
  • Foreign facility: means a facility other than a domestic facility that manufactures/processes, packs, or holds food for consumption in the United States. See 21 CFR 1.227
  • Full address: means the facility's street name and number. See 21 CFR 1.276
  • Full-time equivalent employee: means all individuals employed by the person claiming the exemption. See 21 CFR 1.328
  • General: As used in this subpart, the term "overpayment" includes:

    (1) Payment where no amount is payable under this part. See 20 CFR 725.540

  • General requirements: (1) Tank car tanks containing compressed gases must not be shipped unless they were loaded by or with the consent of the owner thereof. See 49 CFR 173.314
  • Government: The United States of America acting through the RBS, RHS, and RUS of the U. See 25 CFR 170.512
  • Government: The United States of America, acting through the respective agency, U. See 25 CFR 170.616
  • Grower: means a person who engages in growing and harvesting or collecting crops (including botanicals), raising animals (including fish, which includes seafood), or both. See 21 CFR 1.276
  • Holding: means storage of food and also includes activities performed incidental to storage of a food (e. See 21 CFR 1.227
  • Holding: means storage of food and also includes activities performed incidental to storage of a food (e. See 21 CFR 1.328
  • Inactive borrower: A former borrower whose loan(s) has been paid in full or assumed by another party(ies) and who does not have an outstanding account in the records of the ODCFO. See 25 CFR 170.440
  • Indian reservation: All land located within the limits of any Indian reservation under the jurisdiction of the United States notwithstanding the issuance of any patent, and including rights-of-way running through the reservation. See 25 CFR 170.616
  • Insured loan accounts: "Loan insurance charge" means a separate insurance charge applying to FO and SW insured loans evidenced by promissory note forms bearing a form date before January 8, 1959. See 25 CFR 170.110
  • Interest credit: The terms "interest credit" and "interest credit assistance" as they relate to Single Family Housing (SFH) loans, are interchangeable with the term "payment assistance. See 25 CFR 170.512
  • International mail: means foreign national mail services. See 21 CFR 1.276
  • Inventory property: Real and chattel property and related rights to which the Government has acquired title. See 25 CFR 170.616
  • Inventory property: Property for which title is vested in the Government and which secured an a Rural Development loan loan or which was acquired from another Agency for program purposes. See 25 CFR 170.915
  • Investigation: includes investigations authorized under 49 U. See 49 CFR 107.1
  • Loan Agreement: The signed agreement between Rural Development and the intermediary setting forth the terms and conditions of the loan. See 25 CFR 170.452
  • Loans to individuals: Farm Ownership (FO), Soil and Water (SW), Recreation (RL), Special Livestock (SL), Economic Opportunity (EO), Operating (OL), Emergency (EM), Economic Emergency (EE), Softwood Timber (ST), and Rural Housing loans for farm service buildings (RHF), whether to individuals or entities, referred to in this subpart as Farmer Programs (FP) loans. See 25 CFR 170.512
  • Loans to individuals: Farmer Program loans, as defined above, whether to individuals or entities. See 25 CFR 170.616
  • Loans to organizations: Community Facility (CF). See 25 CFR 170.512
  • Loans to organizations: Community Facility (CF), Water and Waste Disposal (WWD), Association Recreation, Watershed (WS), Resource Conservation and Development (RC&D), loans to associations for Irrigation and Drainage and other Soil and Water Conservation measures, loans to Indian Tribes and Tribal Corporations, Shift-in-Land-Use (Grazing Associations) Business and Industrial (B&I) to both individuals and groups, Rural Development Loan Fund (RDLF), Intermediary Relending Program (IRP), Nonprofit National Corporation (NNC), Economic Opportunity Cooperative (EOC), Rural Housing Site (RHS), Rural Cooperative Housing (RCH), and Rural Rental Housing (RRH) and Labor Housing (LH) to both individuals and groups. See 25 CFR 170.616
  • Low-income: The level of income of a person or family which is at or below the Poverty Guidelines as defined in section 673(2) of the Community Services Block Grant Act (42 U. See 25 CFR 170.452
  • Manufacturer: means the last facility, as that word is defined in §1. See 21 CFR 1.276
  • Market value: The most probable price which property should bring, as of a specific date, in a competitive and open market, assuming the buyer and seller are prudent and knowledgeable, and the price is not affected by undue stimulus such as forced sale or loan interest subsidy. See 25 CFR 170.512
  • Mixed-type facility: means an establishment that engages in both activities that are exempt from registration under section 415 of the Federal Food, Drug, and Cosmetic Act and activities that require the establishment to be registered. See 21 CFR 1.227
  • Mortgage: Includes real estate mortgage, deed of trust or any other form of security instrument or lien on real property. See 25 CFR 170.122
  • No longer in its natural state: means that an article of food has been made from one or more ingredients or synthesized, prepared, treated, modified, or manipulated. See 21 CFR 1.276
  • Nonrecoverable cost: is a contractual or noncontractual program loan cost expense not chargeable to a borrower, property account, or part of the loan subsidy. See 25 CFR 170.512
  • Nontransporter: means a person who owns food or who holds, manufactures, processes, packs, imports, receives, or distributes food for purposes other than transportation. See 21 CFR 1.328
  • Nontransporter immediate previous source: means a person that last had food before transferring it to another nontransporter. See 21 CFR 1.328
  • Nontransporter immediate subsequent recipient: means a nontransporter that acquires food from another nontransporter. See 21 CFR 1.328
  • OGC: The Office of the General Counsel, U. See 25 CFR 170.512
  • overpayment: includes :

    (1) Payment where no amount is payable under this part;

    (2) Payment in excess of the amount payable under this part;

    (3) A payment under this part which has not been reduced by the amounts required by the Act (see §725. See 20 CFR 725.540

  • Packing: means placing food into a container other than packaging the food and also includes re-packing and activities performed incidental to packing or re-packing a food (e. See 21 CFR 1.227
  • Packing: means placing food into a container other than packaging the food and also includes re-packing and activities performed incidental to packing or re-packing a food (e. See 21 CFR 1.328
  • Party: means a person, other than a holder, authorized to act under the terms of a special permit. See 49 CFR 107.1
  • Perishable food: means food that is not heat-treated. See 21 CFR 1.377
  • Person: means an individual, firm, copartnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative). See 49 CFR 107.1
  • Person: includes individual, partnership, corporation, and association. See 21 CFR 1.328
  • Port of arrival: means the water, air, or land port at which the article of food is imported or offered for import into the United States. See 21 CFR 1.276
  • Prior lien: A security instrument (such as a mortgage or deed of trust) or a judgment which was of public record before the Rural Development security instrument(s) as well as real estate taxes or assessments which are or will become a lien against the property which is superior to Rural Development's security instrument(s). See 25 CFR 170.512
  • Program property: SFH and MFH inventory property that can be used to effectively carry out the objectives of their respective loan programs with financing through that program. See 25 CFR 170.616
  • Recipient: refers to an individual or entity that received a loan, or portion of a loan, an interest subsidy, a grant, or a portion of a grant which was unauthorized. See 25 CFR 170.440
  • Recognized accreditation body: means an accreditation body that FDA has determined meets the applicable requirements of this subpart and is authorized to accredit third-party certification bodies under this subpart. See 43 CFR 9180.1
  • Recordkeeping: The following information must be maintained and be made available to any representative of the DOT upon request for each tank car loaded with the use of a metering device:

    (A) Date loaded,

    (B) Date shipped,

    (C) Tank car reporting marks,

    (D) DOT Specification,

    (E) Tank car stenciled shell capacity (gallons/liters),

    (F) Tank car stenciled tare weight (pounds/kilograms),

    (G) Outage or innage table number,

    (H) Water capacity of tank in pounds and/or kilograms,

    (I) Maximum permitted filling density (see §173. See 49 CFR 173.314

  • Recoverable cost: is a contractual or noncontractual program loan cost expense chargeable to a borrower, property account, or part of the loan subsidy. See 25 CFR 170.512
  • Recoverable cost: is a contractual or noncontractual program loan expense chargeable to a borrower, property account, or part of the loan subsidy. See 25 CFR 170.616
  • Registration number: means the registration number assigned to a facility by FDA under section 415 of the act (21 U. See 21 CFR 1.276
  • Regulatory audit: means an audit of an eligible entity:

    (i) To determine whether such entity is in compliance with the applicable food safety requirements of the FD&C Act and FDA regulations. See 43 CFR 9180.1

  • Restaurant: means a facility that prepares and sells food directly to consumers for immediate consumption. See 21 CFR 1.328
  • Rural Development: A mission area within the U. See 25 CFR 170.440
  • Schedule status: For direct and insured loans, a borrower will be on schedule when the sum of regular payments through the last preceding due date of the note equals the sum of installments on the note and other charges due through the same date. See 25 CFR 170.110
  • Self-assessment: means an evaluation conducted by a recognized accreditation body or by an accredited third-party certification body of its competency and capacity under the applicable requirements of this subpart for the defined scope of recognition or accreditation. See 43 CFR 9180.1
  • Servicing official: For loans to individuals as defined in paragraph (d) of this section, the servicing official is the County Supervisor. See 25 CFR 170.512
  • Servicing official: For loans to individuals as defined in this section, the servicing official is the County Supervisor. See 25 CFR 170.616
  • Shipper: means the owner or exporter of the article of food who consigns and ships the article from a foreign country or the person who sends an article of food by international mail or express consignment operators or carriers or other private delivery service to the United States. See 21 CFR 1.276
  • State: means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. See 49 CFR 107.1
  • State: Any of the fifty States, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. See 25 CFR 170.452
  • Suitable property: For FSA inventory property, real property that can be used for agricultural purposes, including those farm properties that may be used as a start up or add-on parcel of farmland. See 25 CFR 170.616
  • Surplus property: For FSA inventory property, real property that cannot be used for agricultural purposes including nonfarm properties. See 25 CFR 170.616
  • Trade name: means the name or names under which the facility conducts business, or additional names by which the facility is known. See 21 CFR 1.227
  • transportation: means the movement of property and loading, unloading, or storage incidental to the movement. See 49 CFR 107.1
  • Transporter: means a person who has possession, custody, or control of an article of food in the United States for the sole purpose of transporting the food, whether by road, rail, water, or air. See 21 CFR 1.328
  • Ultimate recipient: The entity receiving financial assistance from the intermediary. See 25 CFR 170.452
  • Unauthorized assistance: Any loan, interest subsidy, grant, or portion thereof received by a recipient for which there was no regulatory authorization or for which the recipient was not eligible. See 25 CFR 170.440
  • underpayment: includes a payment in an amount less than the amount of the benefit due for such month, and nonpayment where some amount of such benefits is payable. See 20 CFR 725.545
  • United States: means the Customs territory of the United States (i. See 21 CFR 1.276
  • Working capital: The excess of current assets over current liabilities. See 25 CFR 170.452
  • Working day: means any day from Monday through Friday, excluding Federal holidays. See 21 CFR 1.377
  • You: means the person submitting the prior notice, i. See 21 CFR 1.276
  • You: means a person subject to this subpart under §1. See 21 CFR 1.328
  • You: means any person who received the detention order or that person's representative. See 21 CFR 1.377