126.16 is not necessary to the safety or security of the port and vessels and waterfront facilities therein, or that its application is not practical because of local conditions or because the materials or personnel required for compliance are not available, or because the requirements of the national defense justify a departure from such provision, the Commandant, the District Commander, or the Captain of the Port may waive compliance with such provision

§ 300.198 Continuation of a by-pass. The Secretary continues a by-pass until the Secretary determines that the SEA, LEA or other public agency will meet the requirements for providing services to private school children. (Authority:

§ 127.203 Portable gas detectors. The marine transfer area for LNG must have at least two portable gas detectors capable of measuring 0–100% of the lower flammable limit of methane. [CGD 78–038, 53 FR 3376, Feb. 7

§ 642.2 Who are eligible applicants? The following are eligible to apply for a grant to carry out a Training Program project: (a) Institutions of higher education. (b) Public and private nonprofit agencies and organizations. (Authority:

§ 644.31 What are unallowable costs? Costs that are unallowable under the Educational Opportunity Centers program include, but are not limited to, the following: (a) Tuition, fees, stipends, and other forms of direct financial support for participants. (b) Research not directly related

more than four numerals followed by not more than two capital letters (example: NH 1234 BD); or (2) Not more than three numerals followed by not more than three capital letters (example: WN 567 EFG). (b) A number suffix must not include the letters “I”, “O”, or “Q,” which may be mistaken for numerals. {"origins":[{"level":"part","identifier":"174

§ 20.1004 Decisions on appeal. (a) The Commandant shall review the record on appeal to determine whether the ALJ committed error in the proceedings, and whether the Commandant should affirm, modify, or reverse the ALJ's decision or should remand the case for further proceedings. (b) The

§ 20.702 Burden of proof. (a) Except for an affirmative defense, or as provided by paragraph (b) of this section, the Coast Guard bears the burden of proof. (b) Except as otherwise

§ 20.708 Witnesses' fees. (a) Each witness summoned in an administrative proceeding shall receive the same fees and mileage as a witness in a District Court of the United States. (b) The party or interested person who calls a witness is responsible for all fees and mileage due under

76873, Dec. 9, 2011. § 28.66 Admissibility. Evidence or testimony may be excluded from consideration by the administrative judge if it is irrelevant, immaterial, unduly repetitious or protected by privilege. The administrative judge is not bound by formal evidentiary rules but may rely on the Federal Rules of Evidence for guidance.

any such examination, the failure or refusal receives due weight and may be sufficient for the ALJ to infer that the results would have been adverse to the respondent. {"origins":[{"level":"part","identifier":"20","label_level":"Part 20","hierarchy":{"title":"33","chapter":"I","subchapter":"A","part":"20"},"current":false,"authority":["\u003ca href=\"https://www.govinfo.gov/link/uscode/33/1321\" class=\"usc external

benefit of the incompetent and that no fee, commission, or charge shall be demanded, or in any manner accepted, for any service or services rendered in connection with such appointment as trustee or trustees. {"origins":[{"level":"part","identifier":"49","label_level":"Part 49","hierarchy":{"title":"33","chapter":"I","subchapter":"B","part":"49"},"current":false,"authority":["Secs. 1, 2, 3, 4, 64 Stat. 249, 250; \u003ca href

§ 52.81 Reading room and index. After deleting only so much personal information as is necessary to prevent an unwarranted invasion of privacy of the applicant or other persons mentioned in the final decision of the Board, a redacted copy of each final decision shall be indexed by subject and made available for review and copying at a public reading room

for violations of this part. (b) An Administrative Law Judge (ALJ) hears appeals under this subpart. (Authority: 20 U.S.C. 1145g) [55 FR 33581

63 FR 35529, June 30, 1998. § 117.987 Taylor Bayou. The draws of the Union Pacific railroad bridge, mile 2.0, and the S73 bridge, mile 10.2, both at West Port Arthur, need not be opened for the passage of vessels. {"origins":[{"level":"part

63 FR 35529, June 30, 1998. § 117.933 Pee Dee River. The draws of the Seaboard System Railroad bridges, mile 72.6 near Poston and mile 107.2 near Pee Dee, need not be opened for the passage of vessels. {"origins":[{"level":"part","identifier

63 FR 35529, June 30, 1998. § 117.941 Missouri River. The draws of the US81 bridge, mile 805.7 at Yankton, and the Chicago and Northwestern Railroad bridge, mile 1066.5 at Pierre, need not be opened for the passage of vessels. {"origins

63 FR 35529, June 30, 1998. § 117.945 Hatchie River. The draws of the Illinois Central Gulf railroad bridge, mile 35.0 at Covington, and the Seaboard System Railroad bridge, mile 71.0 at Brownsville, need not be opened for the passage of vessels.

§ 146.120 Manning of survival craft. The owner, the owner's agent, or the person in charge shall assign a person to each life float, lifeboat, life raft, or survival capsule who shall be responsible for launching it in event of an emergency. {"origins":[{"level":"part

§ 303.36 State educational agency. (a) State educational agency or SEA means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or

§ 140.20 Delegations. (a) Each District Commander is responsible for the administration and enforcement of the regulations in this subchapter within that person's assigned district. (b) Under the general superintendence of the District Commander, the Officer in Charge, Marine Inspection, is

§ 142.24 Use of equipment. (a) Each holder of a lease or permit issued under the Act shall ensure that all personnel who are required by this subpart to use or wear personal protective equipment do so when within the lease area or the area covered by the permit. (b) Persons responsible for

§ 75.603 Grantee's title to site. A grantee must have or obtain a full title or other interest in the site, including right of access, that is sufficient to insure the grantee's undisturbed use and possession of the facilities for 50 years or the useful life of the facilities, whichever is longer. (Authority:

63 FR 35529, June 30, 1998. § 117.555 College Creek. The draws of the Naval Academy highway bridge, mile 0.3 at Annapolis, and the Maryland highway bridge, mile 0.4 at Annapolis, need not be opened for the passage of vessels. {"origins