For purposes of this part:
Act or FMLA means the Family and Medical Leave Act of 1993, Public
Law 103-3 (February 5, 1993), 107 Stat. 6 (29 U.S.C. 2601 et seq.)
ADA means the Americans With Disabilities Act (42 USC 12101 et seq.)
Administrator means the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, and
includes any official of the Wage and Hour Division authorized to
perform any of the functions of the Administrator under this part.
COBRA means the continuation coverage requirements of Title X of the
Consolidated Omnibus Budget Reconciliation Act of 1986, As Amended
(Pub.L. 99-272, title X, section 10002; 100 Stat 227; 29 U.S.C. 1161-
1168).
Commerce and industry or activity affecting commerce mean any
activity, business, or industry in commerce or in which a labor dispute
would hinder or obstruct commerce or the free flow of commerce, and
include ``commerce'' and any ``industry affecting commerce'' as defined
in sections 501(1) and 501(3) of the Labor Management Relations Act of
1947, 29 U.S.C. 142(1) and (3).
Continuing treatment means: A serious health condition involving
continuing treatment by a health care provider includes any one or more
of the following:
(1) A period of incapacity (i.e., inability to work, attend school
or perform other regular daily activities due to the serious health
condition, treatment therefor, or recovery therefrom) of more than three
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
(i) Treatment two or more times by a health care provider, by a
nurse or physician's assistant under direct supervision of a health care
provider, or by
a provider of health care services (e.g., physical therapist) under
orders of, or on referral by, a health care provider; or
(ii) Treatment by a health care provider on at least one occasion
which results in a regimen of continuing treatment under the supervision
of the health care provider.
(2) Any period of incapacity due to pregnancy, or for prenatal care.
(3) Any period of incapacity or treatment for such incapacity due to
a chronic serious health condition. A chronic serious health condition
is one which:
(i) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(ii) Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
(iii) May cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.).
(4) A period of incapacity which is permanent or long-term due to a
condition for which treatment may not be effective. The employee or
family member must be under the continuing supervision of, but need not
be receiving active treatment by, a health care provider. Examples
include Alzheimer's, a severe stroke, or the terminal stages of a
disease.
(5) Any period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a
health care provider, either for restorative surgery after an accident
or other injury, or for a condition that would likely result in a period
of incapacity of more than three consecutive calendar days in the
absence of medical intervention or treatment, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical therapy),
kidney disease (dialysis).
Eligible employee means:
(1) An employee who has been employed for a total of at least 12
months by the employer on the date on which any FMLA leave is to
commence; and
(2) Who, on the date on which any FMLA leave is to commence, has
been employed for at least 1,250 hours of service with such employer
during the previous 12-month period; and
(3) Who is employed in any State of the United States, the District
of Columbia or any Territories or possession of the United States.
(4) Excludes any Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States Code; and
(5) Excludes any employee of the U.S. Senate or the U.S. House of
Representatives covered under title V of the FMLA; and
(6) Excludes any employee who is employed at a worksite at which the
employer employs fewer than 50 employees if the total number of
employees employed by that employer within 75 miles of that worksite is
also fewer than 50.
(7) Excludes any employee employed in any country other than the
United States or any Territory or possession of the United States.
Employ means to suffer or permit to work.
Employee has the meaning given the same term as defined in section
3(e) of the Fair Labor Standards Act, 29 U.S.C. 203(e), as follows:
(1) The term ``employee'' means any individual employed by an
employer;
(2) In the case of an individual employed by a public agency,
``employee'' means--
(i) Any individual employed by the Government of the United States--
(A) As a civilian in the military departments (as defined in section
102 of Title 5, United States Code),
(B) In any executive agency (as defined in section 105 of Title 5,
United States Code), excluding any Federal officer or employee covered
under subchapter V of chapter 63 of Title 5, United States Code,
(C) In any unit of the legislative or judicial branch of the
Government which has positions in the competitive service, excluding any
employee of the U.S. Senate or U.S. House of Representatives who is
covered under Title V of FMLA,
(D) In a nonappropriated fund instrumentality under the jurisdiction
of the Armed Forces, or
(ii) Any individual employed by the United States Postal Service or
the Postal Rate Commission; and
(iii) Any individual employed by a State, political subdivision of a
State, or an interstate governmental agency, other than such an
individual--
(A) Who is not subject to the civil service laws of the State,
political subdivision, or agency which employs the employee; and
(B) Who--
(1) Holds a public elective office of that State, political
subdivision, or agency,
(2) Is selected by the holder of such an office to be a member of
his personal staff,
(3) Is appointed by such an officeholder to serve on a policymaking
level,
(4) Is an immediate adviser to such an officeholder with respect to
the constitutional or legal powers of the office of such officeholder,
or
(5) Is an employee in the legislative branch or legislative body of
that State, political subdivision, or agency and is not employed by the
legislative library of such State, political subdivision, or agency.
Employee employed in an instructional capacity. See Teacher.
Employer means any person engaged in commerce or in an industry or
activity affecting commerce who employs 50 or more employees for each
working day during each of 20 or more calendar workweeks in the current
or preceding calendar year, and includes--
(1) Any person who acts, directly or indirectly, in the interest of
an employer to any of the employees of such employer;
(2) Any successor in interest of an employer; and
(3) Any public agency.
Employment benefits means all benefits provided or made available to
employees by an employer, including group life insurance, health
insurance, disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are provided
by a practice or written policy of an employer or through an ``employee
benefit plan'' as defined in section 3(3) of the Employee Retirement
Income Security Act of 1974, 29 U.S.C. 1002(3). The term does not
include non-employment related obligations paid by employees through
voluntary deductions such as supplemental insurance coverage. (See
Sec. 825.209(a)).
FLSA means the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
Group health plan means any plan of, or contributed to by, an
employer (including a self-insured plan) to provide health care
(directly or otherwise) to the employer's employees, former employees,
or the families of such employees or former employees. For purposes of
FMLA the term ``group health plan'' shall not include an insurance
program providing health coverage under which employees purchase
individual policies from insurers provided that:
(1) No contributions are made by the employer;
(2) Participation in the program is completely voluntary for
employees;
(3) The sole functions of the employer with respect to the program
are, without endorsing the program, to permit the insurer to publicize
the program to employees, to collect premiums through payroll deductions
and to remit them to the insurer;
(4) The employer receives no consideration in the form of cash or
otherwise in connection with the program, other than reasonable
compensation, excluding any profit, for administrative services actually
rendered in connection with payroll deduction; and,
(5) the premium charged with respect to such coverage does not
increase in the event the employment relationship terminates.
Health care provider means:
(1) A doctor of medicine or osteopathy who is authorized to practice
medicine or surgery by the State in which the doctor practices; or
(2) Podiatrists, dentists, clinical psychologists, optometrists, and
chiropractors (limited to treatment consisting of manual manipulation of
the spine to correct a subluxation as demonstrated by X-ray to exist)
authorized to practice in the State and performing
within the scope of their practice as defined under State law; and
(3) Nurse practitioners, nurse-midwives and clinical social workers
who are authorized to practice under State law and who are performing
within the scope of their practice as defined under State law; and
(4) Christian Science practitioners listed with the First Church of
Christ, Scientist in Boston, Massachusetts.
(5) Any health care provider from whom an employer or a group health
plan's benefits manager will accept certification of the existence of a
serious health condition to substantiate a claim for benefits.
(6) A health care provider as defined above who practices in a
country other than the United States, who is licensed to practice in
accordance with the laws and regulations of that country.
Incapable of self-care means that the individual requires active
assistance or supervision to provide daily self-care in several of the
``activities of daily living'' (ADLs) or ``instrumental activities of
daily living'' (IADLs). Activities of daily living include adaptive
activities such as caring appropriately for one's grooming and hygiene,
bathing, dressing and eating. Instrumental activities of daily living
include cooking, cleaning, shopping, taking public transportation,
paying bills, maintaining a residence, using telephones and directories,
using a post office, etc.
Instructional employee: See Teacher.
Intermittent leave means leave taken in separate periods of time due
to a single illness or injury, rather than for one continuous period of
time, and may include leave of periods from an hour or more to several
weeks. Examples of intermittent leave would include leave taken on an
occasional basis for medical appointments, or leave taken several days
at a time spread over a period of six months, such as for chemotherapy.
Mental disability: See Physical or mental disability.
Parent means the biological parent of an employee or an individual
who stands or stood in loco parentis to an employee when the employee
was a child.
Person means an individual, partnership, association, corporation,
business trust, legal representative, or any organized group of persons,
and includes a public agency for purposes of this part.
Physical or mental disability means a physical or mental impairment
that substantially limits one or more of the major life activities of an
individual. Regulations at 29 CFR Part 1630.2(h), (i), and (j), issued
by the Equal Employment Opportunity Commission under the Americans with
Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.
Public agency means the government of the United States; the
government of a State or political subdivision thereof; any agency of
the United States (including the United States Postal Service and Postal
Rate Commission), a State, or a political subdivision of a State, or any
interstate governmental agency. Under section 101(5)(B) of the Act, a
public agency is considered to be a ``person'' engaged in commerce or in
an industry or activity affecting commerce within the meaning of the
Act.
Reduced leave schedule means a leave schedule that reduces the usual
number of hours per workweek, or hours per workday, of an employee.
Secretary means the Secretary of Labor or authorized representative.
Serious health condition entitling an employee to FMLA leave means:
(1) an illness, injury, impairment, or physical or mental condition
that involves:
(i) Inpatient care (i.e., an overnight stay) in a hospital, hospice,
or residential medical care facility, including any period of incapacity
(for purposes of this section, defined to mean inability to work, attend
school or perform other regular daily activities due to the serious
health condition, treatment therefor, or recovery therefrom), or any
subsequent treatment in connection with such inpatient care; or
(ii) Continuing treatment by a health care provider. A serious
health condition involving continuing treatment by a health care
provider includes:
(A) A period of incapacity (i.e., inability to work, attend school
or perform other regular daily activities due to the serious health
condition, treatment therefore, or recovery therefrom) of
more than three consecutive calendar days, including any subsequent
treatment or period of incapacity relating to the same condition, that
also involves:
(1) Treatment two or more times by a health care provider, by a
nurse or physician's assistant under direct supervision of a health care
provider, or by a provider of health care services (e.g., physical
therapist) under orders of, or on referral by, a health care provider;
or
(2) Treatment by a health care provider on at least one occasion
which results in a regimen of continuing treatment under the supervision
of the health care provider.
(B) Any period of incapacity due to pregnancy, or for prenatal care.
(C) Any period of incapacity or treatment for such incapacity due to
a chronic serious health condition. A chronic serious health condition
is one which:
(1) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
(2) Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.).
(D) A period of incapacity which is permanent or long-term due to a
condition for which treatment may not be effective. The employee or
family member must be under the continuing supervision of, but need not
be receiving active treatment by, a health care provider. Examples
include Alzheimer's, a severe stroke, or the terminal stages of a
disease.
(E) Any period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a
health care provider, either for restorative surgery after an accident
or other injury, or for a condition that would likely result in a period
of incapacity of more than three consecutive calendar days in the
absence of medical intervention or treatment, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical therapy),
kidney disease (dialysis).
(2) Treatment for purposes of paragraph (1) of this definition
includes (but is not limited to) examinations to determine if a serious
health condition exists and evaluations of the condition. Treatment does
not include routine physical examinations, eye examinations, or dental
examinations. Under paragraph (1)(ii)(A)(2) of this definition, a
regimen of continuing treatment includes, for example, a course of
prescription medication (e.g., an antibiotic) or therapy requiring
special equipment to resolve or alleviate the health condition (e.g.,
oxygen). A regimen of continuing treatment that includes the taking of
over-the-counter medications such as aspirin, antihistamines, or salves;
or bed-rest, drinking fluids, exercise, and other similar activities
that can be initiated without a visit to a health care provider, is not,
by itself, sufficient to constitute a regimen of continuing treatment
for purposes of FMLA leave.
(3) Conditions for which cosmetic treatments are administered (such
as most treatments for acne or plastic surgery) are not ``serious health
conditions'' unless inpatient hospital care is required or unless
complications develop. Ordinarily, unless complications arise, the
common cold, the flu, ear aches, upset stomach minor, ulcers, headaches
other than migraine, routine dental or orthodontia problems, periodontal
disease, etc., are examples of conditions that do not meet the
definition of a serious health condition and do not qualify for FMLA
leave. Restorative dental or plastic surgery after an injury or removal
of cancerous growths are serious health conditions provided all the
other conditions of this regulation are met. Mental illness resulting
from stress or allergies may be serious health conditions, but only if
all the conditions of this section are met.
(4) Substance abuse may be a serious health condition if the
conditions of this section are met. However, FMLA leave may only be
taken for treatment for substance abuse by a health care provider or by
a provider of health care services on referral by a health care
provider. On the other hand, absence because of the employee's use of
the
substance, rather than for treatment, does not qualify for FMLA leave.
(5) Absences attributable to incapacity under paragraphs (1)(ii) (B)
or (C) of this definition qualify for FMLA leave even though the
employee or the immediate family member does not receive treatment from
a health care provider during the absence, and even if the absence does
not last more than three days. For example, an employee with asthma may
be unable to report for work due to the onset of an asthma attack or
because the employee's health care provider has advised the employee to
stay home when the pollen count exceeds a certain level. An employee who
is pregnant may be unable to report to work because of severe morning
sickness.
Son or daughter means a biological, adopted, or foster child, a
stepchild, a legal ward, or a child of a person standing in loco
parentis, who is under 18 years of age or 18 years of age or older and
incapable of self-care because of a mental or physical disability.
Spouse means a husband or wife as defined or recognized under State
law for purposes of marriage in the State where the employee resides,
including common law marriage in States where it is recognized.
State means any State of the United States or the District of
Columbia or any Territory or possession of the United States.
Teacher (or employee employed in an instructional capacity, or
instructional employee) means an employee employed principally in an
instructional capacity by an educational agency or school whose
principal function is to teach and instruct students in a class, a small
group, or an individual setting, and includes athletic coaches, driving
instructors, and special education assistants such as signers for the
hearing impaired. The term does not include teacher assistants or aides
who do not have as their principal function actual teaching or
instructing, nor auxiliary personnel such as counselors, psychologists,
curriculum specialists, cafeteria workers, maintenance workers, bus
drivers, or other primarily noninstructional employees.
Appendix A to Part 825--Index
The citations listed in this Appendix are to sections in 29 CFR Part
825.
1,250 hours of service 825.110, 825.800
12 workweeks of leave 825.200, 825.202, 825.205
12-month period 825.110, 825.200, 825.201, 825.202, 825.500, 825.800
20 or more calendar workweeks 825.104(a), 825.105, 825.108(d), 825.800
50 or more employees 825.102, 825.105, 825.106(f), 825.108(d),
825.109(e), 825.111(d), 825.600(b)
75 miles of worksite/radius 825.108(d), 825.109(e), 825.110, 825.111,
825.202(b), 825.213(a), 825.217, 825.600(b), 825.800
Academic term 825.600(c), 825.602, 825.603, 825.701(a)
Adoption 825.100(a), 825.101(a), 825.112, 825.200(a), 825.201,
825.202(a), 825.203, 825.207(b), 825.302, 825.304(c)
Alternative position 825.117, 825.204, 825.601
Americans with Disabilities Act 825.113(c), 825.115, 825.204(b),
825.215(b), 825.310(b), 825.702(b), 825.800 as soon as
practicable 825.219(a), 825.302, 825.303
Birth/birth of a child 825.100(a), 825.101(a), 825.103(c), 825.112,
825.200(a), 825.201, 825.202, 825.203, 825.207, 825.209(d),
825.302(a), 825.302(c)
Certification requirements 825.207(g), 825.305, 825.306, 825.310,
825.311
Christian science practitioners 825.118(b), 825.800
COBRA 825.209(f), 825.210(c), 825.213(e), 825.309(b), 825.700(a),
825.800
Collective bargaining agreements 825.102(a), 825.211(a), 825.604,
825.700
Commerce 825.104, 825.800
Complaint 825.220, 825.400, 825.401, 825.500(a)
Continuing treatment by a health care provider 825.114, 825.800
Definitions 825.800
Designate paid leave as FMLA 825.208
Disability insurance 825.213(f), 825.215(d)
Discharging 825.106(f), 825.220
Discriminating 825.106(f), 825.220
Educational institutions 825.111(c), 825.600
Effective date 825.102, 825.103, 825.110(e), 825.700(c)
Eligible employee 825.100, 825.110, 825.111, 825.112, 825.200, 825.202,
825.206(b), 825.207, 825.216(c), 825.217, 825.312, 825.600(b),
825.601, 825.800
Employer 825.104, 825.105, 825.106, 825.107, 825.108, 825.109, 825.111,
825.800
Enforcement 825.400-825.404
Equivalent benefits 825.213(f), 825.214, 825.215(d)
Equivalent pay 825.100(c), 825.117, 825.204(c), 825.215, 825.601(a),
825.702(c)
Eequivalent position 825.100(c), 825.214, 825.215, 825.218(b), 825.604,
825.702(c)
Farm Credit Administration 825.109(b)
Fitness for duty 825.216(c), 825.310, 825.702(e)
Foster care 825.100(a), 825.112, 825.200(a), 825.201, 825.202(a),
825.203(a), 825.207(b), 825.302(a)
Government Printing Office 825.109(d)
Group health plan 825.209, 825.213, 825.800
Health benefits 825.100(b), 825.106(e), 825.209, 825.210, 825.211,
825.212, 825.215(d), 825.219, 825.220(c), 825.301(c), 825.309,
825.312, 825.603, 825.700, 825.702(c)
Health care provider 825.100(d), 825.114, 825.115, 825.118, 825.302,
825.305, 825.306, 825.307, 825.310(a), 825.800
Health plan premiums 825.210, 825.213(a)
Husband and wife 825.202
In loco parentis 825.113, 825.800
Incapable of self-care 825.113(c), 825.800
Industry affecting commerce 825.104, 825.800
Instructional employee 825.601, 825.602, 825.604, 825.701(f), 825.800
Integrated employer 825.104(c)
Intermittent leave 825.116(c), 825.117, 825.203, 825.302(f), 825.600(c),
825.601, 825.800
Joint employment 825.104(c), 825.105, 825.106
Key employee 825.209(g), 825.213(a), 825.217, 825.218, 825.219,
825.301(c), 825.312(f)
Library of Congress 825.109(b), 825.800
Life insurance 825.213(f), 825.215(d), 825.800
Maintain health benefits 825.209, 825.212, 825.215(d), 825.301(c),
825.309, 825.603
Medical certification 825.116, 825.213(a), 825.301(c), 825.302(c),
825.305, 825.306, 825.307, 825.308, 825.310, 825.311,
825.312(b), 825.701(d)
Medical necessity 825.114(d), 825.117, 825.306(d)
Multi-employer health plans 825.211
Needed to care for 825.100(a), 825.114(d), 825.116, 825.207(c)
Not foreseeable 825.303, 825.311(b)
Notice 825.100(d), 825.103(b), 825.110(d), 825.200(d), 825.207(g),
825.208(a), 825.208(c), 825.209(d), 825.210(e), 825.219(a),
825.219(b), 825.220(c), 825.300, 825.301(c), 825.302, 825.303,
825.304, 825.309, 825.310(c), 825.310(d), 825.312(a), 825.402,
825.403(b), 825.601(b), 825.701(a)
Notice requirements 825.110(d), 825.301(c), 825.302(g), 825.304(a),
825.304(e), 825.601(b)
Paid leave 825.100(a), 825.207, 825.208, 825.210, 825.213(c),
825.217(c), 825.219(c), 825.301(c), 825.304(d), 825.700(a),
825.701(a)
Parent 825.100(a), 825.101(a), 825.112, 825.113, 825.116(a), 825.200(a),
825.202(a), 825.207(b), 825.213(a), 825.305(a), 825.306(d),
825.800
Physical or mental disability 825.113(c), 825.114, 825.215(b),
825.500(e), 825.800
Placement of a child 825.100(a), 825.201, 825.203(a), 825.207(b)
Postal Rate Commission 825.109(b), 825.800
Posting requirement 825.300, 825.402
Premium payments 825.100(b), 825.210, 825.212, 825.213(f), 825.301(c),
825.308(d), 825.500(c)
Private employer 825.105, 825.108(b)
Public agency 825.104(a), 825.108, 825.109, 825.800
Recertification 825.301(c), 825.308
Records 825.110(c), 825.206(a), 825.500
Reduced leave schedule 825.111(d), 825.114(d), 825.116(c), 825.117,
825.203, 825.205, 825.302(f), 825.306(d), 825.500(c), 825.601,
825.702(c), 825.800
Restoration 825.100(d), 825.106(e), 825.209(g), 825.213(a), 825.216,
825.218, 825.219, 825.301(c), 825.311(c), 825.312
Returning to work 825.214
Right to reinstatement 825.100(c), 825.209(g), 825.214(b), 825.216(a),
825.219, 825.301(c), 825.311(c), 825.312, 825.400, 825.700
Secondary employer 825.106(f)
Serious health condition 825.100, 825.101(a), 825.112(a), 825.114,
825.116(a), 825.200(a), 825.202(a), 825.203, 825.204(a),
825.206(b), 825.207, 825.213, 825.215(b), 825.301(c), 825.302,
825.303, 825.305, 825.306, 825.308(d), 825.310(a), 825.311(c),
825.312(b), 825.601(a), 825.602(a), 825.800
Son or daughter 825.112(a), 825.113(c), 825.202(a), 825.800
Spouse 825.100(a), 825.101(a), 825.112(a), 825.113(a), 825.200(a),
825.202, 825.213(a), 825.303(b), 825.305(a), 825.306(d),
825.701(a), 825.800
State laws 825.701
Substantial and grievous economic injury 825.213(a), 825.216(c),
825.218, 825.219, 825.312(f)
Successor in interest 825.104(a), 825.107, 825.800
Teacher(s) 825.110(c), 825.600(c), 825.800
U.S. Tax Court 825.109(b)
Unpaid leave 825.100, 825.101(a), 825.105(b), 825.206, 825.208,
825.601(b)
Waive rights 825.220(d)
Workers' compensation 825.207(d)(1), 825.210(f), 825.216(d),
825.307(a)(1), 825.720(d)(1)
Worksite 825.108(d), 825.110(a), 825.111, 825.213(a), 825.214(e),
825.217, 825.220(b), 825.304(c), 825.800
[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]
Appendix B to Part 825--Certification of Physician or Practitioner
(Optional Form WH-380)
[GRAPHIC] [TIFF OMITTED] TR06JA95.001
[GRAPHIC] [TIFF OMITTED] TR06JA95.002
[GRAPHIC] [TIFF OMITTED] TR06JA95.003
[GRAPHIC] [TIFF OMITTED] TR06JA95.004
Appendix C to Part 825--Notice to Employees of Rights under FMLA (WH
Publication 1420)
[GRAPHIC] [TIFF OMITTED] TC21OC91.011
Appendix D to Part 825--Prototype Notice: Employer Response to Employee
Request for Family and Medical Leave (Form WH-381)
[GRAPHIC] [TIFF OMITTED] TR06JA95.006
[GRAPHIC] [TIFF OMITTED] TR06JA95.007
Appendix E to Part 825--IRS Notice Discussing Relationship Between FMLA
and COBRA
[GRAPHIC] [TIFF OMITTED] TR06JA95.008
[GRAPHIC] [TIFF OMITTED] TR06JA95.009
[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]