Attachment_K2-Title_29_CFR_Parts_5.5..pdf

Office of the Secretary of Labor § 5.5 been certified by the Secretary of Transportation in accordance with 23 U.S.C. 113(c).

(4) A distinct classification of ‘‘help-er’’ will be issued in wage determina-tions applicable to work performed on construction projects covered by the labor standards provisions of the Davis-Bacon and Related Acts only where:

(i) The duties of the helper are clear-ly defined and distinct from those of any other classification on the wage determination;

(ii) The use of such helpers is an es-tablished prevailing practice in the area; and

(iii) The helper is not employed as a trainee in an informal training pro-gram. A ‘‘helper’’ classification will be added to wage determinations pursuant to § 5.5(a)(1)(ii)(A) only where, in addi-tion, the work to be performed by the helper is not performed by a classifica-tion in the wage determination.

(o) Every person performing the du-ties of a laborer or mechanic in the construction, prosecution, completion, or repair of a public building or public work, or building or work financed in whole or in part by loans, grants, or guarantees from the United States is employed regardless of any contractual relationship alleged to exist between the contractor and such person.

(p) The term wages means the basic hourly rate of pay; any contribution ir-revocably made by a contractor or sub-contractor to a trustee or to a third person pursuant to a bona fide fringe benefit fund, plan, or program; and the rate of costs to the contractor or sub-contractor which may be reasonably anticipated in providing bona fide fringe benefits to laborers and mechan-ics pursuant to an enforceable commit-ment to carry out a financially respon-sible plan of program, which was com-municated in writing to the laborers and mechanics affected. The fringe benefits enumerated in the Davis- Bacon Act include medical or hospital care, pensions on retirement or death, compensation for injuries or illness re-sulting from occupational activity, or insurance to provide any of the fore-going; unemployment benefits; life in-surance, disability insurance, sickness insurance, or accident insurance; vaca-tion or holiday pay; defraying costs of apprenticeship or other similar pro-grams; or other bona fide fringe bene-fits. Fringe benefits do not include ben-efits required by other Federal, State, or local law.

(q) The term wage determination in-cludes the original decision and any subsequent decisions modifying, super-seding, correcting, or otherwise chang-ing the provisions of the original deci-sion. The application of the wage deter-mination shall be in accordance with the provisions of § 1.6 of this title.

[48 FR 19541, Apr. 29, 1983, as amended at 48 FR 50313, Nov. 1, 1983; 55 FR 50149, Dec. 4, 1990; 57 FR 19206, May 4, 1992; 65 FR 69693, Nov. 20, 2000; 65 FR 80278, Dec. 20, 2000]

§§ 5.3–5.4 [Reserved]

§ 5.5 Contract provisions and related matters.

(a) The Agency head shall cause or require the contracting officer to in-sert in full in any contract in excess of $2,000 which is entered into for the ac-tual construction, alteration and/or re-pair, including painting and deco-rating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indi-cated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Pro-vided, That such modifications are first approved by the Department of Labor):

(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and

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29 CFR Subtitle A (7–1–11 Edition) § 5.5 bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage de-termination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contrac-tual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reason-ably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contribu-tions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such labor-ers and mechanics shall be paid the ap-propriate wage rate and fringe benefits on the wage determination for the clas-sification of work actually performed, without regard to skill, except as pro-vided in § 5.5(a)(4). Laborers or mechan-ics performing work in more than one classification may be compensated at the rate specified for each classifica-tion for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage de-termination (including any additional classification and wage rates con-formed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon post-er (WH–1321) shall be posted at all times by the contractor and its sub-contractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conform-ance with the wage determination. The contracting officer shall approve an ad-ditional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not per-formed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry;

and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determina-tion.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their rep-resentatives, and the contracting offi-cer agree on the classification and wage rate (including the amount des-ignated for fringe benefits where appro-priate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Ad-ministrator, or an authorized rep-resentative, will approve, modify, or disapprove every additional classifica-tion action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that addi-tional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their represent-atives, and the contracting officer do not agree on the proposed classifica-tion and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting of-ficer shall refer the questions, includ-ing the views of all interested parties and the recommendation of the con-tracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or

(C) of this section, shall be paid to all workers performing work in the classi-fication under this contract from the

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(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay an-other bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or me-chanic the amount of any costs reason-ably anticipated in providing bona fide fringe benefits under a plan or pro-gram, Provided, That the Secretary of Labor has found, upon the written re-quest of the contractor, that the appli-cable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The (write in name of Federal Agency or the loan or grant re-cipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this con-tract or any other Federal contract with the same prime contractor, or any other federally-assisted contract sub-ject to Davis-Bacon prevailing wage re-quirements, which is held by the same prime contractor, so much of the ac-crued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, em-ployed or working on the site of the work (or under the United States Hous-ing Act of 1937 or under the Housing Act of 1949 in the construction or de-velopment of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be nec-essary to cause the suspension of any further payment, advance, or guar-antee of funds until such violations have ceased.

(3) Payrolls and basic records. (i) Pay-rolls and basic records relating thereto shall be maintained by the contractor during the course of the work and pre-served for a period of three years there-after for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contribu-tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in sec-tion 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any la-borer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro-gram described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such bene-fits is enforceable, that the plan or pro-gram is financially responsible, and that the plan or program has been com-municated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the ac-tual cost incurred in providing such benefits. Contractors employing ap-prentices or trainees under approved programs shall maintain written evi-dence of the registration of apprentice-ship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of ap-propriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the con-tractor will submit the payrolls to the applicant, sponsor, or owner, as the

VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 case may be, for transmission to the (write in name of agency). The payrolls submitted shall set out accurately and completely all of the information re-quired to be maintained under 29 CFR 5.5(a)(3)(i), except that full social secu-rity numbers and home addresses shall not be included on weekly transmit-tals. Instead the payrolls shall only need to include an individually identi-fying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Op-tional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/ esa/whd/forms/wh347instr.htm or its suc-cessor site. The prime contractor is re-sponsible for the submission of copies of payrolls by all subcontractors. Con-tractors and subcontractors shall maintain the full social security num-ber and current address of each covered worker, and shall provide them upon request to the (write in name of appro-priate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for trans-mission to the (write in name of agen-cy), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a viola-tion of this section for a prime con-tractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submis-sion to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a ‘‘Statement of Com-pliance,’’ signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information re-quired to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regu-lations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract dur-ing the payroll period has been paid the full weekly wages earned, without re-bate, either directly or indirectly, and that no deductions have been made ei-ther directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the ap-plicable wage determination incor-porated into the contract.

(C) The weekly submission of a prop-erly executed certification set forth on the reverse side of Optional Form WH– 347 shall satisfy the requirement for submission of the ‘‘Statement of Com-pliance’’ required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section avail-able for inspection, copying, or tran-scription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to inter-view employees during working hours on the job. If the contractor or subcon-tractor fails to submit the required records or to make them available, the Federal agency may, after written no-tice to the contractor, sponsor, appli-cant, or owner, take such action as may be necessary to cause the suspen-sion of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debar-ment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees—(i) Ap-prentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when

VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 they are employed pursuant to and in-dividually registered in a bona fide ap-prenticeship program registered with the U.S. Department of Labor, Employ-ment and Training Administration, Of-fice of Apprenticeship Training, Em-ployer and Labor Services, or with a State Apprenticeship Agency recog-nized by the Office, or if a person is em-ployed in his or her first 90 days of pro-bationary employment as an appren-tice in such an apprenticeship program, who is not individually registered in the program, but who has been cer-tified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an ap-prentice. The allowable ratio of ap-prentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an ap-prentice wage rate, who is not reg-istered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage deter-mination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a con-tractor is performing construction on a project in a locality other than that in which its program is registered, the ra-tios and wage rates (expressed in per-centages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, ex-pressed as a percentage of the journey-men hourly rate specified in the appli-cable wage determination. Apprentices shall be paid fringe benefits in accord-ance with the provisions of the appren-ticeship program. If the apprenticeship program does not specify fringe bene-fits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator de-termines that a different practice pre-vails for the applicable apprentice clas-sification, fringes shall be paid in ac-cordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Serv-ices, or a State Apprenticeship Agency recognized by the Office, withdraws ap-proval of an apprenticeship program, the contractor will no longer be per-mitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an accept-able program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be per-mitted to work at less than the pre-determined rate for the work per-formed unless they are employed pur-suant to and individually registered in a program which has received prior ap-proval, evidenced by formal certifi-cation by the U.S. Department of Labor, Employment and Training Ad-ministration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every train-ee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, ex-pressed as a percentage of the journey-man hourly rate specified in the appli-cable wage determination. Trainees shall be paid fringe benefits in accord-ance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determina-tion unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship pro-gram associated with the cor-responding journeyman wage rate on the wage determination which provides for less than full fringe benefits for ap-prentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a train-ing plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually per-formed. In addition, any trainee per-forming work on the job site in excess

VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 of the ratio permitted under the reg-istered program shall be paid not less than the applicable wage rate on the wage determination for the work actu-ally performed. In the event the Em-ployment and Training Administration withdraws approval of a training pro-gram, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an accept-able program is approved.

(iii) Equal employment opportunity.

The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal em-ployment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act re-quirements. The contractor shall com-ply with the requirements of 29 CFR part 3, which are incorporated by ref-erence in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any sub-contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appro-priate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier sub-contractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termi-nation of the contract, and for debar-ment as a contractor and a subcon-tractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards.

Disputes arising out of the labor stand-ards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its sub-contractors) and the contracting agen-cy, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility. (i) By entering into this contract, the con-tractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of sec-tion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm in-eligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

(b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and sub-ject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses re-quired by § 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No con-tractor or subcontractor contracting for any part of the conract work which may require or involve the employ-ment of laborers or mechanics shall re-quire or permit any such laborer or me-chanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such work-week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work-week.

(2) Violation; liability for unpaid wages;

liquidated damages. In the event of any violation of the clause set forth in

VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00130 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150 paragraph (b)(1) of this section the con-tractor and any subcontractor respon-sible therefor shall be liable for the un-paid wages. In addition, such con-tractor and subcontractor shall be lia-ble to the United States (in the case of work done under contract for the Dis-trict of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with re-spect to each individual laborer or me-chanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this sec-tion.

(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the De-partment of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime con-tractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any sub-contracts the clauses set forth in para-graph (b)(1) through (4) of this section and also a clause requiring the sub-contractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

(c) In addition to the clauses con-tained in paragraph (b), in any con-tract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in § 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechan-ics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for in-spection, copying, or transcription by authorized representatives of the (write the name of agency) and the De-partment of Labor, and the contractor or subcontractor will permit such rep-resentatives to interview employees during working hours on the job.

(The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were ap-proved by the Office of Management and Budget:

Paragraph OMB Con-trol Number

(a)(1)(ii)(B) ......................................................... 1215–0140 (a)(1)(ii)(C) ......................................................... 1215–0140 (a)(1)(iv) ............................................................. 1215–0140 (a)(3)(i) ............................................................... 1215–0140, 1215–0017 (a)(3)(ii)(A) ......................................................... 1215–0149

(c) ....................................................................... 1215–0140, 1215–0017

[48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008]

EFFECTIVE DATE NOTE: At 58 FR 58955, Nov.

5, 1993, § 5.5 was amended by suspending para-graph (a)(1)(ii) indefinitely.

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