. 1109). The consolidation of sections 661–667 and 671 of title 28, U.S.C., 1940 ed., permitted omission of obsolete, unnecessary and repetitive provisions in such sections. For example, the provision in section 665 of title 28, U.S.C., 1940 ed., authorizing the court to require

Attorney General, and shall permit the United States to intervene . . . for argument on the question of constitutionality." The subsequent section of the statute—§2403(b)—contains virtually identical language imposing upon the courts the duty to notify the attorney general of a state of a constitutional challenge to any statute of that state. But §2403(b), unlike §2403(a), was not implemented in

For Determination by President that section take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see

respective areas of each Secretary to carry out this section. (e) DefinitionsIn this section: (1) The term "covered facility or asset" means any facility or asset that is— (A) identified by the Secretary of Energy for purposes of this section; (B) located in the United States (including the territories and possessions of the United States); and

, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement of the judgment or decree. (c) Bail bond not to be enforced during period of military serviceA court may not enforce a bail bond during the period of military service of the principal on the bond when military service prevents the surety from obtaining the attendance of the principal. The

(C) which countries voted for, and which countries voted against, the decision; (D) the rights or obligations of the United States affected by the decision and any Federal or State law that would be amended or repealed, if the President after consultation with the Congress determined that such amendment or repeal was an appropriate response; and (E) the action the President intends to take in

(a) The following transactions involving rail carriers providing transportation subject to the jurisdiction of the Board under this part may be carried out only with the approval and authorization of the Board: (1) Consolidation or merger of the properties or franchises of at least 2 rail carriers into one corporation for the ownership, management, and operation of the previously separately owned properties.

the safety of merchandise imported into the United States, including with respect to— (A) the inspection of manufacturing facilities in foreign countries; (B) the inspection of merchandise destined for the United States before exportation from a foreign country or before distribution in the United States; and (C) the protection of the international supply chain (as defined in

section 1516a of this title applies, such determination shall be reviewable under subsection (a) of that section. In the case of a determination to which the provisions of this paragraph apply, the time limits for commencing an action under 1516a(a) 2 of this title shall not begin to run until the date on which the USMCA ceases to be in

The futures and option contracts listed by designated contract markets for the purpose of reports filed and information provided under this part are as follows: Covered Agricultural and Exempt Futures Contracts Open Table

collateral as “Location of Cleared Swaps Customer Collateral” (the “DCO Physical Location”); (iii) Ensure that the DCO Physical Location provides appropriate protection for such collateral; and (iv) Record in its books and records the amount of such Cleared Swaps Customer Collateral separately from its own funds, the funds of any futures commission merchant, and the funds of any other person that is not a Cleared Swaps Customer of

Delegation of Functions For delegation to Secretary of Homeland Security of authority vested in President by this section, see section 1(j), (k) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under

provided in subsection (b), not less than 90 days prior to the date on which such termination or nonrenewal takes effect. (b) Additional requirements applicable to franchisor (1) In circumstances in which it would not be reasonable for the franchisor to furnish notification, not less than 90 days prior to the date on which termination or nonrenewal takes effect, as required by subsection (a)(2)—

which has been proposed to the National Sea Grant College Program, and has subsequently been approved. (g) Sea Grant Regional Consortium. The term Sea Grant Regional Consortium means any association or other alliance of two or more persons as defined above (other than individuals) established for the purpose of pursuing programs in marine research education, training, and advisory services

Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1027; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162. In subsection (b)(1)(B), the words "prudent investor" are substituted for "prudent men of discretion and intelligence in such matters" to eliminate unnecessary words.

The Director of the Division of Investment Management is responsible to the Commission for the administration of the Commission's responsibilities under the Investment Company Act of 1940 and the Investment Advisers Act of 1940, and with respect to matters pertaining to investment companies registered under the Investment Company Act of 1940 and pooled investment funds or accounts, the administration of all matters relating to establishing and requiring adherence to

for public inspection in, or adjacent to, the lobby of the Commission's headquarters offices, and will be available to the public through the Commission's Public Reference Section and the Commission's Office of Public Affairs, all in Washington, DC (f) The term likely to, as used in §200.402, illustrating the circumstances under

vapor ignition. When special conditions will prevent the vent line header outlets being permanently installed at a height above the deck of one-third the beam of the vessel, then an adjustable system shall be provided which, when extended vertically, shall be capable of reaching a height of one-third the beam of the vessel. (b) The capacity of branch vents or vent headers shall depend upon the number of cargo tanks connected to such branch or header as provided for

materially misleading. (2) For purposes of paragraphs (b)(1) and (c)(2) of this section, actions that, “if successful, could result in rendering the issuer's financial statements materially misleading” include, but are not limited to, actions taken at any time with respect to the professional engagement period to coerce, manipulate, mislead, or fraudulently influence an auditor: (i) To issue or reissue a report on an issuer's financial

§ 1910.176 Handling materials—general. (a) Use of mechanical equipment. Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made. Aisles and passageways shall be kept

§ 299.4 What requirements apply to the consolidation of State and local administrative funds? An SEA may adopt and use its own reasonable standards in determining whether— (a) The majority of its resources for administrative purposes comes from non-Federal sources to permit the consolidation of State administrative funds in

§ 299.10 Ombudsman. To help ensure equity for eligible private school children, teachers, and other educational personnel, an SEA must direct the ombudsman designated under section 1117 of the ESEA and § 200.68 to monitor and enforce the requirements in

-Peyser Act; (3) A community-based organization, nonprofit organization, or workforce intermediary; (4) A private for-profit entity; (5) A government agency; (6) A Local WDB, with the approval of the chief elected official and the Governor; or (7) Another interested organization or entity, which is capable of carrying

361.53. (d) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted in 2 CFR part 3474. (e)

variation and deviation, where a magnetic compass is fitted and where charts or maps have enough detail to enable this type of correction; (6) Knows the speed and direction of the current, and the set, drift, and tidal state for the area to be transited; (7) Proceeds at a safe speed taking into account the weather, visibility, density of traffic, draft of tow, possibility of wake damage, speed and direction of the current, and

Waivers. The Captain of the Port (COTP) Southeastern New England may, in consultation with the U.S. EPA, authorize a waiver from this section if he or she determines that the proposed activity can be performed without undue risk to environmental remediation efforts. Requests for waivers should be submitted in writing to Commander, U.S. Coast Guard Sector Southeastern New England, 1 Little Harbor Road, Woods Hole, MA, 02543, with a copy to the U.S. Environmental Protection Agency, Region 1, New

appealing party within 15 days of its receipt of the brief or written material of the appealing party. (b) The Secretary issues a final decision affirming, modifying, or reversing the initial decision, including a statement of the reasons for the Secretary's decision. (c) Any party submitting material to the Secretary shall provide a copy to each party that participates in the hearing. (d) If the

§ 104.115 Compliance. (a) Vessel owners or operators must ensure their vessels are operating in compliance with this part. (b) Owners or operators of foreign vessels must comply with the following— (1) Vessels subject to the International Convention for

facility for every 100 barges within the facility. (4) Control access to the barges once tied to the fleeting area by implementing TWIC as described in subpart E of part 101 of this subchapter, as applicable, and in accordance with the facility's assigned Risk Group, as described in