Exhibit A 
Federal Trade Commission 

PART 4S3-FUNERAL INDUSTRY 

PRACTICES 

Sec. 

453.1 Definitions. 

453.2 Price disclosures. 

453.3 Misrepresentations. 

453.4 Required purchase of funeral goods or 

funeral services. 

453.5 Services provided without prior approval. 

453.6 Retention of documents. 

453.7 Comprehension of disclosures. 

453.8 Declaration of intent. 

'153.9 State exemptions. 

AUTHORITY: 15 U.S.C. 57a(a); 15 U.S.C. 46(g); 

5 U.S.C. 552. 

SOVRCE: 59 FR 1611, Jan. 11, 1994, unless 

othervlise noted. 

* 453.1 Definitions. 

(a) Alternative container. An "alternative container" is an unfinished 

wood box or other non-metal receptacle 

or enclosure, without ornamentation 

or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard. 

pressed-wood, composition materials 

(with or without an outside covering) 

or like materials. 

(b) Cash advance item. A "cash advance item" is any item of service or 

merchandise described to a purchaser 

as a "cash advance," "accommodation," "cash disbursement," or similar 

term. A cash advance item is also any 

item obtained from a third party and 

paid for by the funeral provider on the 

purchaser's behalf. Cash advance items 

may include, but are not limited to: 

cemetery or crematory services; pallbearers; public transportation; clergy 

honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities 

and death certificates. 

(c) Casket. A "casket" is a rigid container which is designed for the encasement of human remains and which is 

usually constructed of wood, metal, fiberglass, plastic, or like material, and 

ornamented and lined with fabric. 

(d) Commission. "Commission" refers 

to the Federal Trade Commission. 

(e) Cremation. "Cremation" is a heating process which incinerates human 

remains. 

(f) Crematory. A "crematory" is any 

person, partnership or corporation that 

§453.1 

performs cremation and sells funeral 

goods. 

(g) Direct cremation. A "direct crema- tion" is a disposition of human remains by cremation, without formal 

viewing, visitation, or ceremony with 

the body present. 

(h) Funeral goods. "Funeral goods" 

are the goods which are sold or offered 

for sale directly to the public for use in 

connection with ftmeral services. 

(i) Funeral provider. A "funeral provider" is any person, partnership or 

corpora tion that sells or offers to sell 

funeral goods and funeral services to 

the public. 

Ci) Funeral services. "Funeral serv- ices" are any services which may be 

used to: 

(1) Care for and prepare deceased 

human bodies for burial, cremation or 

other final disposition; and 

(2) arrange, supervise or conduct the 

funeral ceremony or the final disposition of deceased human bodies. 

(k) Immediate burial. An "immediate 

burial" is a disposition of human remains by burial, without formal viewing, visitation, or ceremony with the 

body present, except for a graveside 

service. 

0) Memorial service. A "memorial 

service" is a ceremony commemorating the deceased without the body 

present. 

(m) Funeral ceremony. A "funeral 

ceremony" is a service commemorating the deceased with the body 

present. 

(n) Outer burial container. An "outer 

burial container" is any container 

which is designed for placement in the 

grave around the casket including, but 

not limited to, containers commonly 

known as burial vaults, grave boxes, 

and grave liners. 

(0) Person. A "person" is any individual, partnership. corporation, association, government or governmental 

subdivision or agency, or other entity. 

(p) Services of funeral director and 

staff. The "services of funeral director 

and staff" are the basic services, not to 

be included in prices of other categories in §453.2(b)(4), that are furnished by a funeral provider in arranging any funeral, such as conducting the 

arrangements conference, planning the 

507 

Exhibit A 
§453.2 

funeral, obtaining necessary permits, 

and placing obituary notices. 

§ 453.2 Price disclosures. 

(a) Unfair or deceptive acts or practices. 

In selling or offering to sell funeral 

goods or funeral services to the public, 

it is an unfair or deceptive act or practice for a funeral provider to fail to furnish accurate price information disclosing the cost to the purchaser for 

each of the specific funeral goods and 

funeral services used in connection 

with the disposition of deceased human 

bodies, including at least the price of 

embalming, transportation of remains, 

use of facilities, caskets, outer burial 

containers, immediate burials, or direct cremations, to persons inquiring 

about the purchase of funerals. Any funeral provider who complies with the 

preventive requirements in paragraph 

(b) of this section is not engaged in the 

unfair or deceptive acts or practices 

defined here. 

(b) Preventive requirements. To prevent 

these unfair or deceptive acts or practices, as well as the unfair or deceptive 

acts or practices defined in § 453.4(b)(1), 

funeral providers must: 

(1) Telephone price disclosure. Tell persons who ask by telephone about the 

funeral provider's offerings or prices 

any accurate information from the 

price lists described in paragraphs 

(b)(2) through (4) of this section and 

any other readily available information that reasonably answers the question. 

(2) Casket price list. (i) Give a printed 

or typewritten price list to people who 

inquire in person about the offerings or 

prices of caskets or al terna ti ve containers. The funeral provider must 

offer the list upon beginning discussion 

of, but in any event before showing caskets. The list must contain at least the 

retail prices of all caskets and alternative containers offered which do not 

require special ordering, enough information to identify each, and the effective date for the price list. In lieu of a 

written list, other formats, such as 

notebookS, brochures, or charts may be 

used if they contain the same information as would the printed or typewritten list, and display it in a clear 

and conspicuous manner. Provided. 

however, that funeral providers do not 

16 CFR Ch. I (1-1-12 Edition) 

have to make a casket price list available if the funeral providers place on 

the general price list, specified in paragraph (b)(4) of this section, the information required by this paragraph. 

(ii) Place on the list, however produced, the name of the funeral provider's place of business and a caption 

describing the list as a "casket price 

list. " 

(3) Outer burial container price list. (i) 

Give a printed or typewritten price list 

to persons who inquire in person about 

outer burial container offerings or 

prices. The funeral provider must offer 

the list upon beginning discussion of, 

but in any event before showing the 

containers. The list must contain at 

least the retail prices of all outer burial containers offered which do not require special ordering, enough information to identify each container, and the 

effective date for the prices listed. In 

lieu of a written list, the funeral provider may use other formats, such as 

notebooks, brochures, or charts, if they 

contain the same information as the 

printed or typewritten list, and display 

it in a clear and conspicuous manner. 

Provided, however, that funeral providers do not have to make an outer 

burial container price list available if 

the funeral providers place on the general price list, specified in paragraph 

(b)(4) of this section, the information 

required by this paragraph. 

(ii) Place on the list, however produced. the name of the funeral provider's place of business and a caption 

describing the list as an "outer burial 

container price list." 

(4) General price list. (il(A) Give a 

printed or typewritten price list for retention to persons who inquire in person about the funeral goods, funeral 

services or prices of funeral goods or 

services offered by the funeral provider. The funeral provider must give 

the list upon beginning discussion of 

any of the following: 

(1) The prices of funeral goods or funeral services; 

(2) The overall type of funeral service or disposition; or 

(3) Specific funeral goods or funeral 

services offered by the funeral provider. 

(E) The requirement in paragraph 

(b)(4)(i)(A) of this section applies 

508 
Federal Trade Commission 

whether the discussion takes place in 

the funeral home or elsewhere. Provided, however, that when the deceased 

is removed for transportation to the funeral home, an in-person request at 

that time for authorization to embalm, 

required by §453.5(a)(2), does not, by 

itself, trigger the requirement to offer 

the general price list if the provider in 

seeking prior embalming approval discloses that embalming is not required 

by law except in certain special cases, 

if any. Any other discussion during 

that time about prices or the selection 

of funeral goods or services triggers the 

requirement under paragraph 

(b)(4)(i)(A) of this section to give consumers a general price list. 

(e) The list required in paragraph 

(b)(4)(i)(A) of this section must contain 

at least the following information: 

(1) The name, address, and telephone 

number of the funeral provider's place 

of business; 

(2) A caption describing the list as a 

"general price list"; and 

(3) The effective date for the price 

list; 

(ii) Include on the price list, in any 

order, the retail prices (expressed either as the flat fee, or as the price per 

hour, mile or other unit of computation) and the other information specified below for at least each of the following items, if offered for sale: 

(A) Forwarding of remains to another 

funeral home, together with a list of 

the services provided for any quoted 

price; 

(E) Receiving remains from another 

funeral home, together with a list of 

the services provided for any quoted 

price; 

(e) The price range for the direct cremations offered by the funeral provider, together with: 

(1) A separate price for a direct cremation where the purchaser provides 

the container; 

(2) Separate prices for each direct 

cremation offered including an alternative container; and 

(3) A description of the services and 

container (where applicable). included 

in each price; 

(D) The price range for the immedia te burials offered by the funeral provider, together with: 

§453.2 

(1) A separate price for an immediate 

burial where the purchaser provides 

the casket; 

(2) Separate prices for each immediate burial offered including a casket 

or alternative container; and 

(3) A description of the services and 

container (where applicable) included 

in that price; 

(E) Transfer of remains to funeral 

home; 

(F) Embalming; 

(G) Other preparation of the body; 

(H) Use of facilities and staff for 

vie\ving; 

(I) Use of facilities and staff for funeral ceremony; 

(J) Use of facilities and staff for memorial service; 

(K) Use of equipment and staff for 

graveside service; 

(L) Hearse; and 

(M) Limousine. 

(iii) Include on the price list, in any 

order, the following information: 

(A) Either of the following: 

(1) The price range for the caskets offered by the funeral provider, together 

with the statement: "A complete price 

list will be provided at the funeral 

home,"; or 

(2) The prices of individual caskets, 

disclosed in the manner speCified by 

paragraph (b)(2)(i) of this section; and 

(E) Either of the following: 

(1) The price range for the outer burial containers offered by the funeral 

provider, together with the statement: 

"A complete price list will be provided 

at the funeral home,"; or 

(2) The prices of individual outer burial containers, disclosed in the manner 

specified by paragraph (b)(3)(i) of this 

section; and 

(e) Either of the following: 

(1) The price for the basic services of 

funeral director and staff, together 

with a list of the principal basic services provided for any quoted price and, 

if the charge cannot be declined by the 

purchaser, the statement: "This fee for 

our basic services will be added to the 

total cost of the funeral arrangements 

you select. (This fee is already included 

in our charges for direct cremations. 

immediate burials, and forwarding or 

receiving remains.)", If the charge cannot be declined by the pm'chaser, the 

quoted price shall include all charges 

509 
§453.3 

for the recovery of unallocated funeral 

provider overhead, and funeral providers may include in the required disclosure the phrase "and overhead" 

after the word "services"; or 

(2) The following statement: "Please 

note that a fee of (specify dollar amount) 

for the use of our basic services is included in the price of our caskets. This 

same fee shall be added to the total 

cost of your funeral arrangements if 

you provide the casket. Our services include (specify)." The fee shall include 

all charges for the recovery of 

unallocated funeral provider overhead, 

and funeral providers may include in 

the required disclosure the phrase "and 

overhead" after the word "services." 

The statement must be placed on the 

general price list together with the 

casket price range, required by paragraph (b)(4)(iii)(A)(1) of this section, or 

together with the prices of individual 

caskets, required by (b)(4)(iii)(A)(2) of 

this section. 

(iv) The services fee permitted by 

§ 453.2(b)( 4)(iii)(G)(1) or (G)(2) is the only 

funeral provider fee for services, facilities or unallocated overhead permitted 

by this part to be non-declinable, unless otherwise required by law. 

(5) Statement of funeral goods and services selected. (i) Give an itemized written statement for retention to each 

person who arranges a funeral or other 

disposition of human remains, at the 

conclusion of the discussion of arrangements. The statement must list at 

least the following information: 

(A) The funeral goods and funeral 

services selected by that person and 

the prices to be paid for each of them; 

(B) Specifically itemized cash advance items. (These prices must be 

given to the extent then known or reasonably ascertainable. If the prices are 

not known or reasonably ascertainable, 

a good faith estimate shall be given 

and a written statement of the actual 

charges shall be provided before the 

final bill is paid.); and 

(G) The total cost of the goods and 

services selected. 

(ii) The information required by this 

paragraph (b)(5) may be included on 

any contract, statement, or other document which the funeral provider 

would otherwise provide at the conclusion of discussion of arrangements. 

16 CFR Ch. I (1-1-12 Edition) 

(6) Other pricing methods. Funeral providers may give persons any other 

price information, in any other format, 

in addition to that required by 

§453.2(b)(2), (3), and (4) so long as the 

statement required by § 453.2(b)(5) is 

given when required by the rule. 

§ 453.3 Misrepresentations. 

(a) Embalming provisions-ell Deceptive 

acts or practices. In selling or offering to 

sell funeral goods or funeral services to 

the public, it is a deceptive act or practice for a funeral provider to: 

(i) Represent that state or local law 

requires that a deceased person be embalmed when such is not the case; 

(ii) Fail to disclose that embalming 

is not required by law except in certain 

special cases, if any. 

(2) Preventive requirements. To prevent 

these deceptive acts or practices, as 

well as the unfair or deceptive acts or 

practices defined in §§ 453.4(b)(1) and 

453.5(2), funeral providers must: 

(i) Not represent that a deceased person is required to be embalmed for: 

(A) Direct cremation; 

(B) Immediate burial; or 

(G) A closed casket funeral without 

viewing or visitation when refrigeration is available and when state or 

local law does not require embalming; 

and 

(ii) Place the following disclosure on 

the general price list, required by 

§453.2(b)(4), in immediate conjunction 

with the price shown for embalming: 

"Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if 

you select certain funeral arrangements, such as a funeral with viewing. 

If you do not want embalming, you 

usually have the right to choose an arrangement that does not require you to 

pay for it, such as direct cremation or 

immediate burial." The phrase "except 

in certain special cases" need not be 

included in this disclosure if state or 

local law in the area(s) where the provider does business does not require 

embalming under any circumstances. 

(b) Casket for cremation provisions-ell 

Deceptive acts or practices. In selling or 

offering to sell funeral goods or funeral 

services to the public, it is a deceptive 

act or practice for a funeral provider 

to: 

510 
Federal Trade Commission 

(i) Represent that state or local law 

requires a casket for direct cremations; 

(ii) Represent that a casket is required for direct cremations. 

(2) PTeventive TequiTements. To prevent 

these deceptive acts or practices, as 

well as the unfair or deceptive acts or 

practices defined in § 45S.4(a)(1), funeral 

providers must place the following disclosure in immediate conjunction with 

the price range shown for direct crema- tions: ;;If you want to arrange a direct 

cremation, you can use an alternative 

container. Alternative containers encase the body and can be made of materials like fiberboard or composition 

materials (with or without an outside 

covering). The containers we provide 

are (specify containers)." This disclosure only has to be placed on the general price list if the funeral provider 

arranges direct cremations. 

(c) Outer burial containeT provisions-

(1) Deceptive acts or practices. In selling 

or offering to sell funeral goods and funeral services to the public, it is a deceptive act or practice for a flmeral 

provider to: 

(i) Represent that state or local laws 

or regulations, or particular cemeteries, require outer burial containers 

when such is not the case; 

Cii) Fail to disclose to persons arranging funerals that state law does not require the plU'chase of an outer burial 

container. 

(2) PTeventive requirement. To prevent 

these deceptive acts or practices, funeral providers must place the following disclosure on the outer burial 

container price list, required by 

§ 45S.2(b)(S)(i), or, if the prices of outer 

burial containers are listed on the general price list, required by §45S.2(b)(4), 

in immediate conjunction with those 

prices: "In most areas of the country, 

state or local law does not require that 

you buy a container to surround the 

casket in the grave. However, many 

cemeteries require that you have such 

a container so that the grave will not 

sink in. Either a grave liner or a burial 

vault will satisfy these requirements." 

The phrase "in most areas of the country" need not be included in this discloslU'e if state or local law in the 

area(s) where the provider does business does not require a container to 

surround the casket in the grave. 

§453.3 

Cd) General provisions on legal and cemeteTY requirements-(l) Deceptive acts aT 

practices. In selling or offering to sell 

funeral goods or funeral services to the 

public, it is a deceptive act or practice 

for funeral providers to represent that 

federal, state, or local laws, or particular cemeteries or crematories, require the purchase of any funeral goods 

or funeral services when such is not the 

case. 

(2) Preventive requiTements. To prevent 

these deceptive acts or practices, as 

well as the deceptive acts or practices 

identified in §§ 45S.S(a)(1), 45S.S(b)(1), 

and 45S.S(c)(1), funeral providers must 

identify and briefly describe in writing 

on the statement of funeral goods and 

services selected (required by 

§ 45S.2(b)(5)) any legal, cemetery, or crematory requirement which the funeral 

provider represents to persons as compelling the purchase of funeral goods or 

funeral services for the funeral which 

that person is arranging. 

(e) Provisions on pTeservative and protective value claims. In selling or offering to sell funeral goods or funeral 

services to the public, it is a deceptive 

act or practice for a funeral provider 

to: 

(1) Represent that funeral goods or 

funeral services will delay the natural 

decomposition of human remains for a 

long-term or indefinite time; 

(2) Represent that funeral goods have 

protective features or will protect the 

body from gravesite substances, when 

such is not the case. 

(f) Cash advance provisions-(l) Deceptive acts or practices. In selling or offering to sell funeral goods or funeral 

services to the public, it is a deceptive 

act or practice for a funeral provider 

to: 

(i) Represent that the price charged 

for a cash advance item is the same as 

the cost to the funeral provider for the 

item when such is not the case; 

(ii) Fail to disclose to persons arranging funerals that the price being 

charged for a cash advance item is not 

the same as the cost to the flUleral provider for the item when such is the 

case. 

511 
§453.4 

(2) Preventive requirements. To prevent 

these deceptive acts or practices, funeral providers must place the following sentence in the itemized statement of funeral goods and services selected, in immediate conjunction with 

the list of itemized cash advance items 

required by § 453.2(b)(5)(i)(B): "We 

charge you for our services in obtaining: (specify cash advance items)," if 

the funeral provider makes a charge 

upon, or receives and retains a rebate, 

commission or trade or volume discount upon a cash advance item. 

§ 453.4 Required purchase of funeral 

goods or funeral services. 

(a) Casket for cremation provisions-ell 

Unfair or deceptive acts or practices. In 

selling or offering to sell funeral goods 

or funeral services to the public, it is 

an unfair or deceptive act or practice 

for a funeral provider, or a crematory, 

to require that a casket be purchased 

for direct cremation. 

(2) Preventive requirement. To prevent 

this unfair or deceptive act or practice, 

funeral providers must make an alternative container available for direct 

cremations. if they arrange direct cremations. 

(b) Other requiTed purchases of funeral 

goods or funeral services-ell UnfaiT or 

deceptive acts or practices. In selling or 

offering to sell funeral goods or funeral 

services, it is an lUlfair or deceptive act 

or practice for a funeral provider to: 

(i) Condition the furnishing of any funeral good or funeral service to a person arranging a funeral upon the purchase of any other funeral good or funeral service, except as required by law 

or as otherwise permitted by this part; 

(ii) Charge any fee as a condition to 

furnishing any funeral goods or funeral 

services to a person arranging a funeral, other than the fees for: (1) Services of funeral director and staff, permitted by §453.2(b)(4)(iE)(C); (2) other 

funeral services and funeral goods selected by the purchaser; and (3) other 

funeral goods or services required to be 

purchased, as explained on the itemized 

statement in accordance with 

§ 453.3(d)(2). 

(2) Preventive requiTements. (i) To prevent these unfair or deceptive acts or 

practices, funeral providers must: 

16 CFR Ch. I (1-1-12 Edition) 

(A) Place the following disclosure in 

the general price list, immediately 

above the prices required by § 453.2(b)(4) 

(E) and (iii): "The goods and services 

shown below are those we can provide 

to our customers. You may choose only 

the items you desire. If legal or other 

requirements mean you must buy any 

items you did not specifically ask for, 

we will explain the reason in writing 

on the statement we provide describing 

the funeral goods and services you selected." Provided, however, that if the 

charge for "services of funeral director 

and staff" cannot be declined by the 

purchaser. the statement shall include 

the sentence: "However, any funeral 

arrangements you select will include a 

charge for our basic services" between 

the second and third sentences of the 

statement specified above herein. The 

statement may include the phrase "and 

overhead" after the word "services" if 

the fee includes a charge for the recov- ery of unallocated funeral provider 

overhead; 

(B) Place the following disclosure in 

the statement of funeral goods and 

services selected, required by 

§ 453.2(b)(5)(i): "Charges are only for 

those items that you selected or that 

are required. If we are required by law 

or by a cemetery or crematory to use 

any items, we will explain the reasons 

in writing below." 

(ii) A funeral provider shall not violate this section by failing to comply 

with a request for a combination of 

goods or services which would be impossible, impractical, or excessively 

burdensome to provide. 

§ 453.5 Services provided without 

prior approval. 

(a) UnfaiT OT deceptive acts or practices. 

In selling or offering to sell funeral 

goods or funeral services to the public, 

it is an unfair or deceptive act or practice for any provider to embalm a deceased human body for a fee unless: 

(1) State or local law or regulation 

requires embalming in the particular 

circumstances regardless of any funeral choice which the family might 

make: or (2) Prior approval for embalming (expressly so described) has been obtained 

from a family member or other authorized person; or 

512 
Federal Trade Commission 

(3) The funeral provider is unable to 

contact a family member or other authorized person after exercising due 

diligence, has no reason to believe the 

family does not want embalming performed, and obtains subsequent approval for embalming already performed (expressly so described). In 

seeking approval, the funeral provider 

must disclose that a fee will be charged 

if the family selects a funeral which requires embalming, such as a funeral 

with viewing, and that no fee will be 

charged if the family selects a service 

which does not require embalming, 

such as direct cremation or immediate 

burial. 

(b) Preventive requirement. To prevent 

these unfair or deceptive acts or practices, funeral providers must include 

on the itemized statement of funeral 

goods and services selected, required by 

§453.2(b)(5), the statement: "If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct 

cremation or immediate bUl'ial. If we 

charged for embalming, we will explain 

why below." 

§ 453.6 Retention of documents. 

To prevent the unfair or deceptive 

acts or practices specified in §§ 453.2 

and 453.3 of this rule, funeral providers 

must retain and make available for inspection by CommissioJl officials true 

and accurate copies of the price lists 

specified in §§ 453.2(b) (2) through (4), as 

applicable, for at least one year after 

the date of their last distribution to 

customers, and a copy of each statement of funeral goods and services selected, as required by § 453.2(b)(5), for at 

least one year from the date of the arrangements conference. 

§ 453.7 Comprehension of disclosures. 

To prevent the unfair or deceptive 

acts or practices specified in §§ 453.2 

through 453.5, fWleral providers must 

make all disclosures required by those 

sections in a clear and conspicuous 

maruler. Providers shall not include in 

the casket, outer burial container, and 

general price lists. required by 

§§ 453.2Cb)(2)-(4). any statement or inforPt. 455 

mati on that alters or contradicts the 

information required by this part to be 

included in those lists. 

§ 453.8 Declaration of intent. 

Ca) Except as otherwise provided in 

§ 453.2(a), it is a violation of this rule to 

engage in any unfair or deceptive acts 

or practices specified in this rule, or to 

fail to comply with any of the preventive requirements specified in this rule; 

(b) The prOVisions of this rule are 

separate and severable from one another. If any provision is determined to 

be invalid, it is the Commission's intention that the remaining provisions 

shall continue in effect. 

Cc) This rule shall not apply to the 

business of insurance or to acts in the 

conduct thereof. 

§ 453.9 State exemptions. 

If, upon application to the Commission by an appropriate state agency, 

the Commission determines that: 

Ca) There is a state requirement in effect which applies to any transaction 

to which this rule applies; and 

(b) That state requirement affords an 

.overall level of protection to consumers which is as great as, or greater 

than, the protection afforded by this 

rule; then the Commission's rule will 

not be in effect in that state to the extent specified by the Commission in its 

determination, for as long as the State 

administers and enforces effectively 

the state requirement. 

PART 455-USED MOTOR VEHICLE 

TRADE REGULATION RULE 

Sec. 

455.1 General duties o[ a used "ehicle dealer; 

defini tions. 

455.2 Consumer sales-window form. 

455.3 Window form. 

455.4 Contrary statements. 

455.5 Spanish language sales. 

455.6 State exemptions. 

455.7 Severabili ty. 

AUTHORITY; 88 Stat. 2189, 15 U.S.C. 2309: 38 

Stat. 717, as amended 15 U.S.C. 41 et seq. 

SOl:RCE: 49 FR 45725. ",ov. 19, 1984, unless 

otherwise noted. 

513